3.9. ACCESSORY USE STANDARDS

This Section authorizes the establishment of accessory uses that are incidental and customarily subordinate to principal uses. An accessory use is “incidental and customarily subordinate” to a principal use if it complies with the standards set forth in this Section.

[AMENDED 05-11-2018]

All accessory uses and structures shall comply with the general standards in this Section.

3.9.2.A. Approval of Accessory Uses and Structures

All principal uses allowed in a zoning district shall be deemed to include the accessory uses, structures, and activities allowed for that district, as set forth in Table 3.2. Accessory uses and structures are not permitted until the primary use or structure has been permitted or has been issued final building permits.

3.9.2.B. Compliance with This Code

1. All accessory uses and structures shall be subject to the standards set forth in this Section, and also the use-specific standards of this Chapter and the applicable design and dimensional standards of Chapter Five. In the case of any conflict between the accessory use standards of this Section and any other requirement of this Code, the more restrictive standard in the opinion of the Planning Director shall apply.

2. Accessory uses shall comply with all standards of this Code applicable to the principal use with which they are associated. Parking requirements shall be met for both the principal use and any accessory use.

3.9.2.C. Same Lot

The accessory use or structure shall be conducted and located on the same lot as the principal use.

3.9.2.D.

[DELETED]

3.9.2.E. Temporary Accessory Uses and Structures

Temporary accessory uses and structures shall be governed by the Temporary Use Permit use standards set forth in Section 3.10, and procedures and standards set forth in Section 6.4.7, “Temporary Use Permits.”

3.9.2.F.

[DELETED]

[AMENDED 05-11-2018]

The specific standards of this Section shall apply in addition to the general standards of Section 3.9.2. In the event of conflict, the more restrictive standard in the opinion of the Planning Director shall apply.

3.9.3.A. Coin-Operated Dispenser or Amusement

Coin operated dispensers are permitted by-right as an ancillary use and shall occupy no more than 25 percent of the gross floor area of structure(s) committed to the primary use; otherwise refer to use standards for arcades, electronic, mechanical video games, or computer gaming center in Section 3.7.4.D.

3.9.3.B. Dish Antenna

1. Applicability

A dish antenna less than three feet in diameter that receives signals only is not subject to this Section. A dish antenna greater than three feet in diameter or that sends signals shall comply with the standards of this Section.

2. Standards

a. In a Commercial or Industrial Zoning District

• i. A dish antenna is permitted to send or receive signals to or from satellites if the power output of the associated transceiver does not exceed two watts of power and the dish is six feet in diameter or less. The signal intensity must be maintained below applicable ANSI standards.

• ii. Dish antenna(s) may be installed on the roof of a commercial or industrial structure provided that the antenna is enclosed on all sides by a solid screening structure that is installed to the maximum attainable height of the dish and is composed of materials that are similar in style and color to the predominant composition of the building. Both the antenna and the screening structure are subject to all applicable building code requirements including building structure and wind load integrity.

• iii. Dish antenna(s) installed directly on the ground shall be located within the buildable portion of the lot with respect to applicable building setback requirements. The maximum attainable height of the dish shall not exceed the diameter of the dish plus three feet.

• b. In Any Other Zoning District

  • i. The dish antenna is permitted to receive signals only.

  • ii. Only one dish antenna is permitted on each lot.

  • iii. The distribution of signals to more than one dwelling unit is permitted, provided the distribution is limited to the same parcel or same project as the antenna site.

  • iv. The location of the antenna on the lot shall meet all accessory structure requirements applicable to zoning district.

  • v. The dish antenna shall be installed directly on the ground. The maximum attainable height of the dish shall not exceed the diameter of the dish plus three feet.

3. Exceptions

In any situation where the standards of Section 3.9.3.B.2 do not allow reasonable access to customarily received satellite signals, a Conditional Use Permit shall be considered by the Planning Commission with the objective of ascertaining the most aesthetically acceptable alternative siting solution. In no case may the final decision result in denial of reasonable access to satellite signals.

• a. The decision on the Use Permit application must provide for a reasonable quality of signal reception, taking into consideration the particular circumstances of the property and its surroundings.

• b. The decision on the Use Permit application may take into consideration all the alternative site locations and reception solutions on the property and the Use Permit may be conditional for the purpose of reducing the visual impact of the dish antenna as seen from adjacent properties or for the purpose of reducing the potential of safety or health accident. Such conditions may include, but are not limited to: partitions, screening, landscaping, mountings, fencing, height of antenna, and site location within the parcel.

• c. To assure that a property is not denied reasonable access to the satellite signals, because the filing fee of a Conditional Use Permit may be excessive in light of the purchase and installation cost of the equipment, a Conditional Use Permit for a home video satellite antenna shall be onehalf the normal fee for a Conditional Use Permit.

• d. To assure that property is not denied reasonable access to satellite signals by the imposition of conditions that are unreasonably out of proportion in light of the purchase and installation cost of the equipment, the Commission shall give consideration to the costs incurred toward satisfying the conditions as they relate to the cost of the system.

3.9.3.C. Dwelling, Agricultural Accessory

On-site agricultural employee shall receive a major portion of his or her income from such employment. Major portion shall mean greater than 50 percent of all income for the family residing in the accessory dwelling. This does not include farm worker housing. In addition, evidence of agricultural production or receipts may be required to verify necessity for such dwellings.

3.9.3.D. Accessory Dwelling Units and Junior Accessory Dwelling Units

[AMENDED 07-11-2024]

1. Accessory Dwelling Units (ADUs) are residential units intended for ongoing habitation, independent of the primary residential dwelling.

2. Junior Accessory Dwelling Units (JADUs) are residential units intended for ongoing habitation, located completely within the primary dwelling and sharing some cooking, common area, and/or sanitary facilities with the primary dwelling. JADUs may not be used for Short-Term Rentals.

3. A property developed with a Single Family Dwelling or Halfplex Unit may have:

   • a. One ADU, either attached or detached, and,

   • b. One JADU within the existing space of the primary dwelling.

4. A property developed as Multifamily Residential or Duplex may have:

   • a. Up to two new-construction detached ADUs, and,

   • b. Up to 25 percent of the total unit count in ADUs converted from existing non-living space. Non-living space can include storage rooms, boiler rooms, passageways, attics, basements, or garages.

5. An ADU or JADU shall comply with the Development Standards of Section 5.4.5.B of this Code or request a Special Development Permit for deviations, as allowed by that Section.

6. A structure used as an ADU or JADU shall meet the requirements of CA GOV §65852.2 and §65852.22, as those sections may be amended from time to time.

7. An ADU shall not be used for short-term rental/lodging purposes (30 days or less) unless it was legally permitted as an ADU prior to January 1, 2020.

8. JADUs shall not be used for short-term renal/lodging purposes (30 days or less) in any circumstance.

3.9.3.E. Family Contractor’s Business

The purpose of this Section is to provide for the storage of contractor’s equipment and supplies at the residence of one of the family members engaged in this business. A family contractor’s business shall comply with the following standards:

1. Property developed with a family contractor’s business shall be not less than one gross acre in size.

2. No more than two vehicles used in the operation may be parked on site. This limitation does not apply to trailers for hauling equipment or supplies.

3. All vehicles, supplies, and equipment shall be stored in the rear buildable portion of the lot. The storage and driveway areas shall be paved and maintained in a dust-free condition.

4. A minimum 20-foot width shall be maintained between any structures and the property lines to provide access to the rear of the parcel.

5. Repair of equipment on site is specifically prohibited.

6. Areas used for storage of vehicles, equipment, and supplies shall be screened from view of adjacent neighbors and from public streets by the installation of a solid wood or masonry fence of at least six feet in height around the perimeter of the storage area and fast-growing, dense landscaping that screens all equipment from adjacent property.

7. No mixing of concrete, construction, manufacturing, or similar activities shall be allowed on the site.

8. No employees shall report for work to the site of the family contractor’s business.

3.9.3.F. Home Occupation

[AMENDED 07-08-2016]

1. Purpose

It is the purpose of this use standard to:

• a. Recognize the home as a viable location for certain types of occupations;

• b. To ensure the compatibility of home occupations with the principle residential uses in order to protect the integrity and character of neighborhoods; and

• c. Minimize noise, traffic nuisances, hazardous material usage, and other possible effects of commercial uses being conducted in residential areas.

2. Standards

The intent of the following standards is to reduce the impact of a home occupation to the degree that its effects on the neighborhood are undetectable from normal and usual residential activity. A home occupation shall comply with the following standards:

a. Size and Number per Dwelling

• i. The use of the dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes. The home occupation may be conducted in the principal dwelling or accessory structures on the subject property provided that the area does not exceed 20 percent of the habitable floor area of the principal dwelling. In those cases where more than one home occupation is conducted on the property, the cumulative area that may be used to

ncidental and subordinate to its use for residential purposes. The home occupation may be conducted in the principal dwelling or accessory structures on the subject property provided that the area does not exceed 20 percent of the habitable floor area of the principal dwelling. In those cases where more than one home occupation is conducted on the property, the cumulative area that may be used to

conduct the home occupations shall not exceed 20 percent of the habitable floor area of the principal dwelling.

• ii. With the exception of massage, there shall be no more than three home occupations allowed per residence, subject to complying with the standards and restrictions in this Section. The maximum number of massage establishments and/or providers as a home occupation per residence shall be in compliance with SCC Section 4.36.

b. Employees

• i. Only occupants of the dwelling may be engaged in a home occupation on the subject property.

• ii. In the event of a partnership or corporation, at least one of the members must be a resident of the subject property.

• iii. Off-site employees or partners are permitted so long as they do not report for work at the subject property.

c. Traffic

• i. Regardless of the number of home occupations occurring on the property, activities associated with the businesses, shall not generate pedestrian or vehicular traffic beyond what is normal in a residential district, nor in any case requires the parking of more than two additional vehicles at any one time.

• ii. Regardless of the number of home occupations occurring on the property, visitors, customers, or deliveries associated with the businesses, shall not exceed that normally and reasonably occurring for a residence, including not more than one business visitor per hour, not to exceed eight business visitors per day, except in the case of office-type businesses in which case no more than two business visitors at one time for the same appointment, and not to exceed eight appointments per day, and not more than one delivery of products or materials a week.

d. Appearance

• i. There shall be no visible evidence of the conduct of such home occupation outside the structure other than one sign if permitted within the zoning district.

• ii. There shall be no remodeling or construction of facilities especially for the home occupation that changes the external appearance of the residence from a residential to a more commercial appearing structure when viewed from the front of the building.

• iii. There shall be no display of products produced by occupants of the dwelling that are visible in any manner from the outside of the dwelling unit.

• iv. There shall be no storage of material or supplies out of doors.

e. Sales Limited

• i. There shall be no products sold on the premises except artist's originals or products individually made to order on the premises. Products that are not "artist's originals" or "individually made to order" may be constructed on site, using equipment normally found in a residence; however, these products may be sold only at a permitted commercial location.

f. Effects

• i. There shall be no mechanical equipment or operation used that creates dust, odor, vibration, or other effects detectable at the property line. Noise level at the property line shall not exceed 65dBA.

• ii. No process shall be used that is hazardous to public health, safety, morals, or welfare.

• iii. Storage of hazardous materials is limited to below those thresholds as established by the local fire districts that do not require any special permits or licenses.

3. Part Time Home Occupation

Any home occupation that is permitted on only a part time basis shall be limited to a maximum of 32 hours per week and eight hours per day. Operating hours shall not begin before 7:00 a.m. or extend later than 9:00 p.m.

4. Example of Permitted Home Occupations

The uses listed in Section 3.9.3.F.4.a through 3.9.3.F.4.b are a sample of some types of home occupations that may be permitted. The list is not intended to be all inclusive, but is intended to give the intent and direction of this Section. In all cases, these uses are subject to the standards of Section 3.9.3.F.2.

• a. Architectural service

• b. Art restoration

• c. Consulting services

• d. Data processing

• e. Direct sale product distribution (Amway, Avon, Jaffra, Tupperware, Herbalife)

• f. Engineering service

• g. Flower arranging

• h. Insurance sales or broker

• i. Interior design consultant

• j. Jewelry making; jeweler

• k. Real Estate sales or broker

• l. Telephone answering, switchboard, call forwarding

• m. Typing, word processing service

• n. Wallpapering

• o. Watch repair

• p. Writing, computer programming

5. Restricted Home Occupations

The following specific home occupation uses shall be permitted, subject to the standards of this Section and further limitations as indicated for the particular use:

• a. Beauty and Barber shops are limited to one operator only.

• b. Contractors and subcontractors offices are permitted as home occupations. However, the storage of vehicles, materials, and equipment not normally associated with residential uses shall be prohibited, except as provided in Section 3.9.3.E, “Family Contractor's Business.”

• c. Furniture repair and restoration shall be limited to one occupant of the dwelling on a part time basis, subject to approval of Chief Building Inspector and Fire Marshall, as applicable. There shall be no pick-up or delivery at the location by the public.

• d. Assembly, repair, or reconstruction of small electronic, mechanical, or garden equipment (including lawnmowers), or small household appliances, shall be limited to one occupant of the dwelling on a part time basis, subject to the approval of the Chief Building Inspector and Fire Marshall, as applicable. There shall be no pickup or delivery at this location by the public. All testing of equipment shall be performed within an enclosed building. All equipment or appliances assembled, repaired, or reconstructed, pursuant to this use standard, shall not exceed six feet in height, length, or width; 100 pounds in weight; or five horsepower. No more than 12 pieces of equipment, in any condition, shall be on site.

l be no pickup or delivery at this location by the public. All testing of equipment shall be performed within an enclosed building. All equipment or appliances assembled, repaired, or reconstructed, pursuant to this use standard, shall not exceed six feet in height, length, or width; 100 pounds in weight; or five horsepower. No more than 12 pieces of equipment, in any condition, shall be on site.

• e. Mail order businesses, as long as the product ordered is mailed directly to the purchaser, or is stored within the dwelling. Items may not be sold directly from the residence.

• f. Manufacture of toys, decorator items, clothing, needlework, handicrafts, or similar products, shall be limited to part time, using equipment normally found in a residence.

• g. Private lessons, on a part time basis, providing individual instruction in academic subjects, athletics, the arts, crafts, or other similar discipline, provided that only one student may be present for instruction or practice at any time.

• h. Taxicab, limousine, or pedi-cab service, provided that a vehicle parked at, or near, the residence shall not be on call and available for service; no vehicle shall be dispatched from the residence by radio, telephone, or other means, but may be parked at the residence when not in service. The activity, associated with the service, shall only occur at the residence between the hours of 7:00 a.m. to 9:00 p.m. No more than one vehicle may be parked at, or near, the residence, except that a Conditional Use Permit may be approved by the Zoning Administrator to allow one additional vehicle to be parked or stored at the residence.

• i. Shoe repair, on a part time basis, providing that no more than eight customer visits per day to drop off or pick up such items. No sales of any kind are permitted. The use will not be conducted in such a fashion as to constitute either a public or private nuisance.

• j. Massage enterprise, if all the following criteria are met:

  • i. Only one client is on site at a time and by appointment, only.

  • ii. The use shall be conducted on a part time basis.

  • iii. The massage enterprise must comply with all applicable requirements of Chapter 4.36 of the SCC.

  • iv. The use will not be conducted in such a fashion as to constitute either a public or private nuisance.

• k. Gardening and landscape maintenance, limited to part time.

• l. Home crafts (including ceramics with kiln up to six cubic feet), limited to part time.

• m. House cleaning service, limited to office only part time.

• n. Sales representative, limited to office only.

• o. Swimming pool cleaning, limited to office only part time.

• p. Dressmaking, sewing, tailoring, and contract sewing, limited to one operator.

• q. Locksmith, limited to office only part time.

• r. Cottage Food Operations, if all the following criteria are met:

• i. Kitchens shall be designed for residential use, but may contain one or more stoves or ovens, including a double oven.

• ii. Only one employee or partner is permitted to report to work at the residence.

• iii. Comply with any conditions imposed by the County Environmental Management Department.

• iv. Dog and cat breeding as long as the number of adult dogs and cats does not exceed four.

6. Prohibited Uses

The following uses are expressly prohibited as home occupations:

• a. Ambulance service

• b. Ammunition reloading, including custom reloading

• c. Boarding house or bed and breakfast hotel, time-share condominium except as provided for under vacation rental.

• d. Body art services, including body piercing, tattooing, branding, or application of permanent cosmetics. Services must be conducted out of a facility permitted by the Environmental Management Department.

• e. Carpentry, cabinet maker

• f. Ceramics utilizing a kiln of six cubic feet or more

• g. Place of worship (private bible study allowed) Church, religious instruction

• h. Health salon, gym, dance studio, aerobic exercise studio

• i. Medical, dental, chiropractic, or veterinary clinic

• j. Mortician, hearse service

• k. Palm reading, fortune telling

• l. Private club

• m. Repair or reconditioning of boats or recreation vehicles

• n. Restaurant or tavern

• o. Retail sale from site (except direct distribution and artist’s originals).

• p. Storage, repair, or reconditioning of major household appliances including refrigerators, freezers, clothes washers and dryers, dishwashers, stoves, and heating and air conditioning equipment.

• q. Storage, repair, or reconditioning of motorized vehicles or large equipment on site (see guidelines as provided in Section 3.9.4.A.)

• r. Tow truck service

• s. Veterinary uses including boarding but excluding “mobile veterinarian”

• t. Welding excluding welding service office.

7. Conditions

The Planning Director shall recommend that reasonable conditions be imposed on any home occupation if such conditions are necessary to meet the intent of this use standard. Recommended conditions shall be attached to the business license of the home occupation as provided in SCC Section 4.06.090.

3.9.3.G. Incidental Agricultural Accessory Structures, Uses, and Keeping of Animals

[AMENDED 02-24-2017][AMENDED 12-01-2017]

Incidental agricultural accessory structures, uses and keeping of animals is allowed, except in multifamily and RM-2 zoning districts unless developed as a duplex or halfplex, subject to the regulations contained in this section.

1. General Standards

• a. The keeping of animals must be incidental to a permitted residential use.

• b. The conditions, standards, and requirements of Title 8 of the SCC are met to the satisfaction of the Chief of Animal Control.

• c. All areas devoted to such uses shall comply with the standards applicable to stables and corrals related to dust, odor, flies and other nuisances included in Section 3.4.6.C. These standards are applicable to the incidental keeping of animals.

• d. The provisions of these use standards shall not apply to public or private stables, or where such animals are kept as a general agricultural use.

• e. Animals allowed pursuant to this Section must be kept in an area separate from where crops intended for sale or consumption are grown.

2. Lot Area

The minimum lot area for any lot used for an incidental agricultural use or for public or private boarding or riding stables as defined in this Code shall be as follows. The lot area may be decreased

subject to the issuance of a Special Development Permit by the Zoning Administrator.

• a. For any commercial or public stable the minimum lot area shall be three acres.

• b. For any private stable, the minimum lot area shall be 20,000 square feet.

• c. The minimum lot area for the keeping of small animals (animals less than 75 pounds), (other than pets as defined in Chapter 7.3) including crowing fowl, on a noncommercial scale as an incidental use, shall be 10,000 square feet.

  • i. The keeping of crowing fowl as an incidental agricultural use shall be allowed in all zones other than RD-10 through RD-40, RM-2, O, Mixed Use, and M-2.

• d. On lots less than 10,000 square feet, the keeping of egg-laying chickens and ducks is allowed subject to the following restrictions:

  • i. Animals must be kept in rear yard areas only.

  • ii. Residentially zoned parcels may have one of these animals for every 1,000 square feet of parcel area or one for every 200 square feet of rear yard area, whichever is less.

  • iii. Nonresidentially zoned parcels may have one of these animals for every 400 square feet of parcel area or one for every 200 square feet of rear yard area, whichever is less.

  • iv. A covered coop with a roof and four sides must be provided for chickens to voluntarily retreat to and roost at night.

  • v. These animals must be kept in a structure or fenced area at least 20 feet from all neighboring residential dwellings at all times.

  • vi. 10 square feet of space shall be available for each animal for foraging and roaming.

• e. The keeping of goats, sheep, steer, and similar animals may be temporarily allowed on parcels less than 20,000 square feet, and hogs on lots greater than two acres, with a Minor Use Permit if part of a Future Farmers of America or, 4-H Club educational program or, if kept by independent exhibitors as defined by the California Department of Food and Agriculture.

  • i. Only animals kept as part of a market program are allowed.

  • ii. Structures utilized for the keeping of animals is subject to the development standards found in Section 5.3.2.C. for Agricultural and Agricultural-Residential zoning districts (Table 5.6) and Section 5.4.5.B. in Residential Zones (Table 5.10- Agricultural Accessory Structures).

iii. Failure to comply with the standards of this Section or any conditions of the Minor Use Permit may result in the revocation of the Use Permit pursuant to Section 6.4.1.G.

f. For any other incidental agricultural use, the minimum lot area shall be 20,000 square feet.

3. Development Standards for Structures

[AMENDED 01-15-2021]

Structures used for incidental agriculture and the incidental keeping of animals shall be consistent with the development standards found in Section 5.3.2.C. for Agricultural and Agricultural-Residential zoning districts (Table 5.6) and Section 5.4.5.A in Residential zones (Table 5.10.B). Incidental Agricultural Accessory Structures are limited to private stables and corrals, barns used primarily for agricultural purposes, aviaries, and chicken coop.

4. Enforcement

As provided for by Section 6.6. of the Code, incidental egg-laying chicken and duck-keeping privileges may be withdrawn from any property by written notification to the property owner by the Planning Director. Withdrawal must be done with cause.

Any condition or combination of circumstances that, in the opinion of the Director, creates problems contrary to public health, safety, or general welfare or so as to constitute a public nuisance or is in conflict with this Section will be considered a violation of the Code and valid cause to withdrawal egg-laying chicken and duck-keeping privileges. Once any property owner has been noticed of the withdrawal of privileges to keep animals on a particular property, such privileges may be reestablished only upon written request and approval of the Director. A Director’s Determination may be appealed to the Board of Supervisors. Where privileges are withdrawn, all animals, structures, fencing and appurtenances related to animal-keeping shall be abated as provided for in Section 6.6.9. of the Code.

3.9.3.H.

[DELETED]

3.9.3.I. Incidental Office and Retail Sales

In the M-1 and M-2 zones, incidental office and retail sales uses are permitted by right as an ancillary use and may occupy a maximum of 25 percent of the gross floor area of structure(s) committed to the primary use. Greater office and retail sales uses are permitted subject to a Conditional Use Permit by the Zoning Administrator.

3.9.3.J. Outdoor Comfort Features

[AMENDED 01-12-2019]

1. Accessory comfort features and customer conveniences including but not limited to tables, benches, litter receptacles, bicycle racks, and mailboxes are permitted. This provision does not include amusement machines, telephone booths, sales booths, playground equipment or any features used for advertising. Comfort features shall not block vehicular or pedestrian pathways or be located in required parking areas.

2. [DELETED]

3.9.3.K. Parking and Storage, Commercial Vehicles

[AMENDED 07-16-2020]

The parking and storage of commercial vehicles is permitted when accessory to a permitted primary use and when in compliance with the applicable improvement requirements of Section 5.9.4. and the use standards of this Section.

1. Agricultural, Agricultural-Residential, and Recreation Zones

[ADDED 07-16-2020]

• a. No motor vehicle or equipment used for, or designed primarily for, commercial, industrial or agricultural purposes with a manufacturer’s gross vehicle weight rating of 10,000 pounds or more, and no trailer used for, or designed primarily for, commercial, industrial or agricultural purposes, shall be parked or stored on any agricultural-residential or recreation zoned property except when loading, unloading, or rendering service, except as provided in Section

3.9.3.K.1.b and c. [AMENDED 09-18-2020]

• b. A vehicle used for agricultural purposes may be parked or stored in the buildable area or rear yard of a parcel or lot in the agricultural-residential and agricultural zones, on which there is not less than five acres devoted to agricultural use.

• c. In agricultural zoning districts, the storage, maintenance, and repair of trucks and truck trailers used for commercial or industrial purposes with a manufacturer’s gross vehicle rating of 10,000 pounds or more in any agricultural or interim agricultural zoning district shall be permitted subject to the issuance of a Conditional Use Permit approved by the Planning Commission.

2. Residential Zones

• a. No motor vehicle or equipment used for, or designed primarily for, commercial, industrial or agricultural purposes with a manufacturer’s gross vehicle weight rating of 10,000 pounds or more, and no trailer used for, or designed primarily for, commercial, industrial or agricultural purposes, shall be parked or stored on any residential or interim residential zoned property except when loading, unloading, or rendering service.

3. Commercial Zones

• a. The parking of commercial vehicles is prohibited in required yards as identified in Table 5.13.

4. Industrial Zones

• a. In the M-1 and M-2 zones, company vehicles less than one ton do not require screening and may be parked with or without security fencing, within the setback areas; company vehicles exceeding one ton and that are permitted on public highways and used in the daily operation of the company are prohibited in required yards as identified in Table 5.14 and may be parked without screen fencing.

• b. All company vehicles in the MP zone shall be prohibited in required yards as identified in Table 5.14. When located within the buildable area of the lot, parking shall be screened from view with solid wood fences, masonry walls or chain link fences with slats.

5. Mixed-Use Zones

• a. The parking of commercial vehicles is prohibited in required yards as identified in Table 5.17.

3.9.3.L. Minor Repair and Maintenance of Vehicles for Personal Use

[AMENDED 07-16-2020]

Minor repair and maintenance of farm equipment or vehicles and similar equipment, for personal use or as a hobby use, may be permitted in all zoning districts for the benefit of the owner or resident(s). Vehicles that are unable to be repaired within the parameters of these standards may only be repaired in commercial zones consistent with Table 3.1 and the applicable use standards. [AMENDED 09-182020]

repair and maintenance of farm equipment or vehicles and similar equipment, for personal use or as a hobby use, may be permitted in all zoning districts for the benefit of the owner or resident(s). Vehicles that are unable to be repaired within the parameters of these standards may only be repaired in commercial zones consistent with Table 3.1 and the applicable use standards. [AMENDED 09-182020]

1. Minor repair and maintenance of vehicles and similar equipment shall include brake part replacement, minor tune-up, change of oil and filter, repair of flat tire, lubrication and other similar operations. Minor vehicle repair or maintenance does not include body or painting work of vehicle or vehicle parts.

2. It shall be unlawful for any person to engage in, or permit others to engage in, minor vehicle repair or maintenance under any of the following circumstances: [AMENDED 09-18-2020]

   • a. Using tools not normally found in a residence;

   • b. Conducted on vehicles registered to persons not currently residing on the lot or parcel; and,

   • c. Conducted outside a fully enclosed garage or accessory structure and resulting in the vehicle being inoperable for a period in excess of 24 hours.

3.9.3.M. Garage Sales

Garage sales are permitted on any parcel where the sale operator resides, not to exceed three sales per calendar year and two consecutive days for each sale. Signs shall not exceed a total of 12 square feet. All signs and merchandise must be displayed within the property boundaries.

3.9.3.N. Bus Shelter

Bus shelters, whether owned and maintained by a public agency or other person, shall be a permitted use in any zoning district and shall comply with the standards in Sections 3.9.3.N.1 through 3.9.3.N.4.

1. Shelters shall be installed at a location approved by the Sacramento Regional Transit District or other transit providers to provide temporary shelter for persons waiting to utilize the transit district’s transportation facilities.

2. The shelters shall be constructed of aluminum frames and panels with Alcoa bronze duranodic finish or equal. The roofs shall be of bubble type construction, and the wall panels shall be of transparent materials, either tempered glass or plastic. Security lights may be installed. Shelters of other designs and constructed of other materials may be constructed provided the design and materials are first approved by the Design Review Administrator.

3. The size of such shelters shall be approximately six feet in width, 10.5 feet in length, and eight feet in height; however, shelters may be sized in multiples of the length and width dimensions but may not exceed the eight foot height dimension.

4. Advertising signs are subject to the provisions of Section 5.10.1.O, “Mass Transit Shelter Signs.”

3.9.3.O. Storage of Flammable and Combustible Liquids

The storage of flammable and combustible liquids is limited to volumes as established by the local Fire Districts. Storage of flammable liquids in the fuel tank of a motor vehicle, motorboat, mobile

power plant, or mobile heating plant, and the storage or use of paints, oils, varnishes, or similar flammable mixtures when such liquids are stored for maintenance, painting, or similar purposes is excluded from this requirement. Additional permitting may be required by the Environmental Management Department.

3.9.3.P. Storage of Unregistered or Inoperable Private Vehicles

Storage of not more than two unregistered or inoperable vehicles may be allowed outside a fully enclosed building on a parcel of land located in any agricultural, agricultural- residential, residential, interim agricultural holding, interim estate, or interim residential zoning district, and shall comply with the following standards:

1. The parcel size is 10,000 square feet, or larger, for the first vehicle and that 5,000 additional square feet is provided for the second vehicle.

2. Vehicles are the legal property of persons who reside in the on-site dwelling, as evidenced by a certificate of ownership issued by the Department of Motor Vehicles.

3. Vehicles shall not be stored in the front yard or side street yard.

4. Vehicles shall be stored behind a six foot high solid wood fence and not be visible from any public street.

5. For purposes of this Section, “unregistered vehicles” includes any vehicle that is considered non-operational pursuant to a current certificate of non-operation issued by the Department of Motor Vehicles of the State of California.

3.9.3.Q. Swimming Pool and Spa Equipment

An accessory swimming pool or spa shall comply with the standards in Sections 3.9.3.Q.1 through 3.9.3.Q.2.f.

1. Swimming pool and spa equipment may encroach into a front or side street yard not to exceed five feet providing said equipment is within a solid fenced yard or enclosure.

2. Swimming pools and spas shall not be located:

   • a. Within a recorded setback except rear yards of through lots unless otherwise prohibited by recorded subdivision map.

   • b. Within a public utility easement.

   • c. Within a public easement.

   • d. Within the required front or side street yards.

• e. Within three feet of side or rear property lines except that the Chief, Building Inspection Division, may approve setbacks less than three feet from side or rear property lines as provided for in the Swimming Pool Code, SCC Section 16.36. For the purpose of this Section, setback shall be from the right-of-way line or property line to the water line.

• f. The provisions herein shall not alter the regulations of a special planning area.

3.9.3.R.

[DELETED 07-16-2020]

3.9.3.S. Utility Truck Rental and Storage, Accessory

1. In the M-1 and M-2 zones, the use may be permitted as an incidental sales use in conjunction with a permitted retail sales use and provided the entire sales operation takes place within a completely enclosed building.

2. In all other zoning districts, the use shall comply with the following minimum standards:

a. Permitted Accessory Use

The rental and storage of utility trucks and trailers may be ancillary to the following uses: auto sales, auto repairs, service stations, storage and warehousing, equipment rental, and vehicle storage.

b. Conditionally Permitted Accessory Use

• i. In all commercial zoning districts upon the approval of a Conditional Use Permit by the Zoning Administrator, the rental and storage of utility trucks and trailers may be ancillary to the following permitted and conditionally permitted commercial and industrial land uses, listed in Table 3.1: industrial uses; vehicle-related uses; retail, wholesale, and auction sales uses; and business, trade, and vocational schools.

• ii. If ancillary to a use requiring a Conditional Use Permit, the primary use must have a valid Use Permit or a valid Certificate of Nonconforming Use.

c. Standards.

These minimum standards shall apply when the use is either a permitted or conditional use. The appropriate hearing authority may impose additional conditions, and may waive or modify these standards as part of the Use Permit process. In zoning districts where this use is a permitted use, the Planning Director may approve deviations through the Special

Development Permit process. For all new development of a site, the commercial development standards in Chapter 5 shall also apply.

• i. Utility trucks will be permitted based on a ratio of one truck per every 4,000 square feet of lot area, not to exceed a maximum of eight trucks.

• ii. Utility trailers will be permitted based upon a ratio of one trailer per every 8,000 square feet of lot area, not to exceed a maximum of trailers.

• iii. Utility trucks, unless of gross vehicle weight less than 7,000 pounds must have a van body, may have no more than two axles, and may not be equipped with lift-gate.

• iv. Utility trucks or trailers may not be stored or parked within the front or side street yard setbacks; nor within required parking and landscape areas; nor within the required 10-foot setback for commercial property adjacent to residential.

• v. Vehicles must be parked in an area with asphaltic concrete or similar surface.

• vi. Where the parcel abuts a residential zoning district, a six foot solid masonry wall shall be constructed along the interior property line. There shall be a minimum 10foot landscaped setback adjacent to this wall. This area shall be landscaped with the appropriate live plants and irrigation system. On nonconforming parcels, if a minimum 25-foot setback is provided between the parked or stored utility trucks or trailers, and the residentially zoned property, the six foot masonry wall and the 10foot landscape area are not required in order to accommodate utility trucks and trailers as ancillary uses.

3.9.3.T. Cargo Containers

[AMENDED 12-01-2017]

All new or relocated cargo containers shall comply with the applicable standards in Section 3.9.3.T.1. through 3.9.3.T.5. Cargo containers in use prior to September 25, 2015 have until July 2023 (three years from date of adoption of this Ordinance) to come into compliance with applicable standards in Section 3.9.3.T.1. through 3.9.3.T.5. [ADDED 07-16-2020]

1. In residential (RD) zoning districts

• a. A Minor Use Permit is required.

• b. Cargo containers shall be painted a solid earth tone, or a color that matches the adjacent structures. Acceptable earth tones include, but are not limited to: beige, taupe, and browns. Colors shall be maintained for the life of the container. [AMENDED 07-16-2020]

• c. There shall be no more than one cargo container per property, located in the rear or interior side yard of the property.

• d. Development standards shall be as required for general residential accessory structures, listed in Section 5.4.5.B, Table 5.10. including maximum square footage and lot coverage requirements.

• e. Cargo containers shall be screened from view from public rights-of-way and neighboring properties by fast-growing evergreen landscaping or fencing.

• f. Cargo containers shall be designed to be compatible with and complement existing dwellings on the same or adjacent parcels.

• g. Cargo containers shall not display signage and shall be kept free of graffiti.

2. In agricultural-residential zoning districts

• a. A single cargo container is permitted by right on parcels with a minimum lot size of two acres. A Minor Use Permit is required for parcels less than two acres in size or more than one cargo container on a single parcel.

• b. Cargo containers shall be subject to Design Review and be painted a solid earth tone, or a color that matches the adjacent structures. Acceptable earth tones include, but are not limited to: beige, taupe, and browns. Colors shall be maintained for the life of the container.

• c. Cargo containers shall not be stacked.

• d. Cargo containers shall be located in the rear or interior side yard of the property.

• e. Cargo containers shall be screened from view from public rights-of-way by fast-growing evergreen landscaping or fencing.

• f. Development standards shall be as required for general residential accessory structures, listed in Section 5.4.5.B., Table 5.10. including maximum square footage and lot coverage requirements. Cargo containers are not considered general agricultural buildings.

• g. Cargo containers shall be kept free of graffiti.

• h. Signage is allowed on each cargo container subject to Design Review approval.

3. In agricultural and recreation zoning districts

• a. Cargo containers shall not be stacked.

• b. Cargo containers shall be kept free from graffiti.

• c. Development standards shall be as required for general residential accessory structures, listed in Section 5.4.5.B., Table 5.10.

• d. Cargo containers are not considered general agricultural buildings and are subject to the maximum square footage requirements of incidental agriculture structures as shown in Table 5.10.

• e. Signage is allowed on each cargo container subject to Design Review approval.

4. In commercial and industrial zoning districts

• a. Cargo containers shall be located in the buildable portion of the lot.

• b. Cargo containers shall not occupy required parking areas or required landscaping areas.

• c. In commercial zones, cargo containers shall not be visible from public right-of-way.

• d. Cargo containers may be stacked in industrial zoning districts only.

• e. Cargo containers shall be kept free of graffiti.

• f. Signage is allowed on each cargo container subject to Design Review approval.

5.

Cargo containers used on school or park sites must be screened from public view and located at least 25 feet from a property used for residential purposes.

3.9.3.U.

[DELETED 12-01-2017]

3.9.3.V. Drive-Throughs

[AMENDED 12-01-2017]

1. Design

A drive-through shall comply with the following minimum standards:

• a. Drive-throughs shall provide at least 180 feet of reservoir space (stacking lane) for each facility, as measured from the service window or unit to the entry point into the drive through lane. Nonfood and nonbeverage businesses may reduce the stacking space to a minimum of 60 feet. When multiple lanes are provided, the length of each lane may be counted.

• b. Entrances and exits to drive-through lane shall be at least 25 feet from driveways entering a public street measured from the back of the public right-of-way.

• c. When a drive-through lane is adjacent to a public right-of-way, a minimum of 25 feet of landscaping shall be provided between the drive-through lane and right-of-way as measured from the back of sidewalk.

• d. Drive-throughs shall not be considered as justification for reducing the number of required parking spaces.

• e. Drive-throughs that do not meet the development standards may be permitted subject to the issuance of a Special Development Permit approved by the Zoning Administrator.

• f. With approval of a Special Development Permit, the 25-foot landscaped setback may be reduced to no less than 10 feet between the drive through lane and the right-of-way (measured from the back of sidewalk). Additional screening such as low decorative walls or fences, berms, or enhanced landscaping may be required.

• g. Drive-through lanes shall be a minimum of 12 feet wide and shall be separated from other circulation aisles necessary for ingress or egress, or aisles providing access to any parking space. Each drive-through lane shall be striped, marked, separated with curbs and/or landscape planters, or otherwise distinctly delineated.

2. Location

Drive-throughs with amplified sound shall be located at least 300 feet from residential zoning districts (RD-1 through RD-40). Drive-throughs without amplified sound may reduce the separation distance to at least 75 feet from residential zoning districts (RD-1 through RD-40).

• a. Drive- throughs that do not meet the above standard may be permitted subject to the issuance of a Conditional Use Permit approved by the Zoning Administrator.

  • i. If the building size is 100 square feet, or less, then a Minor Use Permit approved by the Planning Director.

3. Required Findings

A Conditional Use Permit and/or Special Development Permit for a drive-through shall not be approved unless the appropriate authority finds that:

• a. The design and location of the facility and lane will not contribute to increased congestion on public or private streets adjacent to the subject property.

• b. The design and location of the facility and lane will not impede access to or exit from the

  • parking lot serving the facility nor impair normal circulation within the parking lot.

3.9.3.W. Loading Dock

Permitted provided it is setback at least 75 feet from the boundary of an adjacent residential property, unless a reduced setback is allowed upon approval of a Special Development Permit by the Zoning Administrator. Also, limited hours for loading and unloading may apply.

3.9.3.X. Electric Fencing

Electric fencing is allowed in all agricultural, M-1 and M-2 zones, and in the GC zone with a Minor Use Permit, provided that the adjacent property is in either an agricultural or industrial zoning district; otherwise, a Minor Use Permit shall be required in order to construct an electric fence. Electric fencing is permitted in the AR-2, AR-5, AR-10 and AR-20 zones if used for the keeping of animals. In the GC, M-1, and M-2 zones, electric fencing shall comply with the following standards:

1. Electric fences shall only be allowed in outdoor yard areas used for the parking and storage of fleet and construction vehicles, and equipment or materials.

2. Electric fences shall be completely surrounded by a non-electric fence or wall of at least six feet in height. The space between the electric fence and the perimeter non-electric fence or wall shall not exceed 12 inches, and this area shall be kept free of litter, debris and vegetation.

3. The energizer for electric fences shall be driven by a commercial storage battery not to exceed 12 volts DC.

4. The electrical charge produced by the fence upon contact shall not exceed the energizer characteristics set forth in paragraph 22.108 of the International Electrotechnical Commission Standard 60335-2-76.

5. Electric fences shall be clearly identified with warning signs that read “Danger - Electric Fence” at intervals of not less than every 60 feet, and at least one sign per side of the area enclosed by the fence.

3.9.3.Y. Dwelling, Caretaker

[AMENDED 06-22-2017]

1. Permanent living quarters (does not include the temporary use of a mobile home) for a caretaker or night watchman shall be accessory to a permitted primary use, and permitted in any commercial, mixed-use or industrial zoning district as well as the C-O zone, subject to the standards in this Section. A Minor Use Permit for a caretaker dwelling shall be required in the BP, MP, M-I, and M-2 zones. Exceptions to any of the standards in this Section shall also require a Minor Use Permit.

2. The caretaker living quarters shall be located within the principal building.

3. The caretaker living quarters shall be occupied by the owners or an employee of the business.

4. A minimum of one parking space shall be provided for the caretaker living quarters, in addition to parking spaces required for the primary use.

5. The caretaker living quarters shall have no more than two bedrooms, and shall provide no more than 650 square feet of habitable living area.

3.9.3.Z. Dwelling, Live-Work Units

Any live-work units shall be accessory to a permitted primary use, and shall comply with the following standards. Exceptions to any of the standards in Section 3.9.3.Z shall be permitted by a Minor Use Permit.

1. All living space within the live-work unit shall be contiguous with, and an integral part of the working space of the primary use. Access to individual units shall be from common access areas, corridors, or hallways.

2. The live-work unit shall be occupied by the owner or an employee of the business, and shall not be rented separately from the working space.

3.9.3.AA. Short-Term Rentals

[AMENDED 06-20-2019][AMENDED 07-11-2024]

1. To be considered an accessory use, the homeowner or long-term renter (with lease) shall live on-site a minimum of 6 months per year.

2. The rental of homes for transient occupancy shall require a valid business license and a ShortTerm Rental Permit approved by the Zoning Administrator.

3. Short-term rentals are subject to the Transient Occupancy Tax.

4. No short-term rental shall exceed 29 consecutive days per stay.

5. Personal gatherings that include individuals not staying overnight at the rental are allowed, provided the gathering is accessory to use of the rental as short-term lodging. Gatherings shall not result in noise exceeding normal residential levels. Personal gatherings can include barbeques, family reunions, baby showers, and other similar private events.

6. Maximum occupancy shall not exceed more than two adults per bedroom, shown in the floor plan of the approved Short-Term Rental Permit.

7. Each short-term rental shall have the approved Short-Term Rental Permit and house rules posted in a visible location within the unit.

8. Each short-term rental shall have their approved Short-Term Rental Permit number visible on all advertisements used to obtain short-term renters.

9. The property owner shall be available by telephone on a 24-hour basis to respond to calls regarding the condition or operation of the short-term rental unit. Failure to respond to calls may result in revocation of the Short-term Rental Permit.

10. An ADU shall not be used for short-term rental activity unless it was legally permitted as an ADU prior to January 1, 2020.

11. JADUs shall not be used for short-term rental activities in any circumstance.

3.9.3.BB. Cannabis, Personal Cultivation

[ADDED 05-11-2017] [AMENDED 07-16-2020]

Cannabis cultivation for personal use is subject to the definitions and restrictions contained in Chapter 6.88, Title 6, of the SCC.

3.9.3.CC. Residential Accessory Structures

[ADDED 05-11-2018][AMENDED 01-15-2021]

1. Residential Accessory Structures include all of the following, and any similar structures as determined by the Planning Director:

   • a. Ancillary structures, including; detached garages, carports, workshops, art studios, greenhouses, and storage sheds.

   • b. Recreation-related accessory structures, including; swimming pools and spas, cabanas, and enclosures for swimming pools or spas.

• c. Detached guest houses or similar that include conditioned space, and that are intended for occasional overnight use. Occasional overnight use means not more than 10 nights in any calendar month. Guest houses may not be used for short- or long-term rentals and are not considered an independent living unit. Only one such structure shall be allowed on a parcel.

  • d. Patios and deck structures, including: uncovered detached raised decks or patios over 18 inches from grade, and detached ground-level patios or decks when covered.

  • e. Fences when accessory to a primary residential use and greater than allowed heights listed in Section 5.2.5.

  • f. Cargo containers with use standards as listed in Section 3.9.3.T and development standards listed in Section 5.4.5.

2. Accessory Structures do not include:

   • a. Paving or patio areas 18 inches or less above grade.

   • b. Raised landscape planters or edging of up to 18 inches in height.

   • c. Accessory Dwelling Units of Junior Accessory Dwelling Units. See Section 3.9.3.D for units intended for ongoing habitation.

3. Total square footage of Accessory Structures is limited by the provisions of Section 5.4.5.A.

4. Compliance with the development standards of Section 5.4.5.A is required.