Article 1 — Nonresidential Districts

The following supplementary development regulations shall apply to fast food establishments, large scale and fast food establishments, small scale use classifications.

• A. No Exterior Walk-Up Service. Food shall be delivered to patrons within a car or within a building, or enclosed or covered outdoor eating area.

• B. Minimum Separation. Fast food establishment, large scale uses on separate freestanding sites that are: (a) not associated as being either a part of or within a shopping center; and (b) have independent access to adjoining parking shall not be closer than 500 feet to a public or private school, park, library, or playground. This minimum separation requirement does not apply to the fast food establishment, small scale classification.

• C. Litter Control. Fast food establishment operators shall be responsible for pick-up of patrons' litter within a minimum of 1,000 feet from the restaurant site. Identifiable containers and napkins shall be used for all carryout food, and all litter resulting shall be promptly removed. A condition of use or zoning permit approval may require the operator to retain a contract litter cleanup service or to take other litter clean-up measures if the Zoning Enforcement Official determines that a litter problem exists.

• (Ord. 2001-015 § 1; Ord. 2004-004 § 5; Ord. 2004-007 § 5; Ord. 2020-002 § 4)

The following regulations shall apply to any use offering entertainment activities as defined in Section 1.12.108 Definitions, more than six times per calendar year:

• A. Exits, not limited to emergency-use-only, shall not be opposite a Residential (R) District adjoining the site.

• B. A use permit shall establish conditions ensuring that no litter problem will exist.

• C. A use permit for entertainment activities shall apply only to the type of entertainment approved, and a different type of entertainment shall require approval of a new use permit.

• D. A use permit may limit hours, duration, or days on which entertainment activities is provided.

• (Ord. 2001-015 § 1; Ord. 2014-011 § 2; Ord. 2020-002 § 4)

The following supplementary development regulations shall apply to the Service Stations and Automobile Washing use classifications.

• A. Site Layout. Conditions of approval of a use permit may require buffering, screening, planting areas, or limit hours of operation necessary to avoid adverse impacts on properties in the surrounding area.

• B. Planting Areas. Perimeter planting areas shall be provided, as required for parking lots by Chapter 4.08 Off-Street Parking and Loading Regulations, except where a building adjoins

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§ 4.04.220

an interior property line. Required interior planting areas may adjoin perimeter-planting areas.

• C. Storage of Materials and Equipment. The provisions of Section 4.04.324 Outdoor Facilities and Storage/Loading Facilities shall apply. Storage of inoperative vehicles is prohibited. The location of display racks and vending machines shall be specified by the use permit.

• D. Automobile Washing. Automobile washing or cleaning shall not be permitted in conjunction with a service station unless specifically approved by the use permit.

• (Ord. 2001-015 § 1; Ord. 2014-011 § 2; Ord. 2020-002 § 4)

• A. Definitions. See Section 1.12.108 Definitions "Hazardous Substances."

• B. Permit Required. A use permit shall be required for any new commercial, industrial, or institutional use, or accessory use, or major addition or alteration to an existing use that involves the manufacture, storage, handling, or processing of hazardous substances in sufficient quantities that would require permits for hazardous materials under Section 105 of the California Fire Code, with the following exceptions:

  1. Underground storage of bulk flammable and combustible liquids complying with requirements of the San Leandro Fire Code;

  2. Hazardous substances in container sizes of 10 gallons or less that are stored or maintained for the purposes of retail or wholesale sales; and

  3. Any manufacture, storage, handling, or processing of hazardous substances which the Zoning Enforcement Official, after consultation with the Fire Marshall and review of any required hazardous materials response plan ("business plan") determines is not likely to substantially and adversely affect property in the vicinity.

• C. Above-Ground Storage Tanks. Aboveground storage tanks for any flammable liquids shall not be allowed except as permitted in the California Fire Code.

• (Ord. 2001-015 § 1; Ord. 2014-011 § 2; Ord. 2020-002 § 4)

The following supplemental regulations shall apply in addition to the requirements of Section 4-3-110 Amusement Center of the Municipal Code to the operation of game centers, including mechanical or electronic games or any other similar machine or device.

• A. Restrictions. The Zoning Enforcement Official may impose reasonable restrictions on the physical design, location, and operation of a game center in order to minimize the effects of noise, congregation, parking, and other nuisance factors that may be detrimental to the public health, safety, and welfare of the surrounding community.

• B. Appeals. Any person may appeal the decision of the Zoning Enforcement Official on an application for an initial permit or a renewal of a permit for a game center to the Planning Commission.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2024-011, 7/15/2024)

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City of San Leandro, CA § 4.04.220

SAN LEANDRO CODE

§ 4.04.228

The following supplemental regulations shall apply to the permitting and operation of any land use involving the manufacturing of cannabis products.

• A. Conditional Use Permit Required. A conditional use permit shall be required for cannabis product manufacturing.

• B. State Licensure Required for Operation. Cannabis product manufacturers and all thirdparty distributors responsible for the delivery of cannabis and finished cannabis products to and from cannabis product manufacturing facilities shall hold a valid State license.

• C. Public Sale Limited to Dispensaries. The direct sales, distribution, delivery, and dispensing of manufactured cannabis products to the public shall be limited to licensed cannabis dispensaries.

• D. Findings for Approval. In addition to the required findings for all use permits, the following additional findings shall be made:

  1. The cannabis product manufacturing facility is situated in an appropriate location where schools, residences, childcare centers, parks, or other sensitive land uses will not be adversely impacted.

  2. Appropriate measures have been taken to address nuisances related to odor, noise, exhaust, and waste.

  3. The cannabis product manufacturing facility is suitably designed to be secure and aesthetically compatible with the surrounding area.

  4. The cannabis product manufacturing facility will not place a burden on the provision of public services disproportionate to other industrial uses.

• (Ord. 2001-015 § 1; Ord. 2017-014 § 4; Ord. 2020-002 § 4)

A solid masonry or concrete wall at least six feet and not more than eight feet high shall adjoin the property line of the site of a new nonresidential use abutting an existing ground-floor residential use in a Residential District. However, where the portion of the site within ten feet of the property line is occupied by planting area or by a building having no openings except openings opposite a street property line, the Zoning Enforcement Official may grant an exception to this requirement. A wall within 15 feet of a street property line shall not exceed three feet in height.

(Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2022-001 § 3)

No person shall engage in the concurrent sale of motor vehicle fuel and alcoholic beverages unless authorized as a conditional use in accord with Chapter 5.08 Use Permits and Variances, subject to the minimum standards for approval established by this section and any additional conditions of approval determined by the Planning Commission to be reasonable and necessary.

• A. Minimum Standards for Approval. All persons applying for conditional use approval to engage, and all persons actually engaged as of January 1, 1988, in the concurrent sale of

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§ 4.04.232

motor vehicle fuel and alcoholic beverages shall comply with all of the following minimum standards:

1. No alcoholic beverages shall be displayed within five feet of the cash register or the front door of the establishment, unless it is in a permanently affixed cooler;

2. No sale of alcoholic beverages shall be made from a drive-up window;

3. No display of alcoholic beverages shall be made from an ice tub;

4. No alcoholic beverage advertising shall be located on motor fuel islands or otherwise visible from outside the building in which the alcoholic beverage is sold; and

5. Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age to sell alcoholic beverages.

• B. Conditions of Approval. In addition to the minimum standards set forth, the Planning Commission may provide that any approvals for the concurrent sale of motor vehicle fuel and alcoholic beverages be contingent upon acceptance and observance of specified conditions or limitations determined by the Commission to be reasonable and necessary in order to make the required findings, including, but not limited to, any of the following conditions or limitations relating to:

  1. Additional limitations on advertising and display of alcoholic beverages;

  2. Banning of video game machines and/or jukeboxes or similar devices where concurrent sale of motor vehicle fuel and alcoholic beverages take place;

  3. Limitations on hours of operation and on amount of shelf space devoted to alcoholic beverages;

  4. Requirement for security guards and other security devices on the premises;

  5. Minimum parking lot lighting and fencing;

  6. Minimum training for sales personnel and/or security guards;4C

  7. Policies to discourage drinking alcoholic beverages outside the premises; or

  8. A minimum distance required between businesses engaged in the concurrent sale of motor vehicle fuel and alcoholic beverages.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2022-001 § 3; Ord. 2024-011, 7/15/2024)

• A. Definitions. See Section 1.12.108 Definitions for definitions of: Recycling; Recyclable Material; Recycling Facility; Collection Facility (Small Collection Facility, Large Collection Facility); Processing Facility (Light Processing Facility, Heavy Processing Facility); Reverse Vending Machine (Single-Feed Reverse, Bulk Reverse); and Small Scale Hazardous Waste Center.

• B. Permits Required. No person shall permit the placement, construction, or operation of any recycling facility without first obtaining a permit as follows:

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City of San Leandro, CA

SAN LEANDRO CODE

§ 4.04.232

§ 4.04.232

==> picture [400 x 236] intentionally omitted <==

----- Start of picture text -----
Type of Facility Districts Permitted Permit Required
Single-Feed Reverse B-TOD, CC, CN, CS, DA-1, DA-2, I Admin. Review
Vending Machine(s) (AU), NA, P, SA-1, SA-2, SA-3
Bulk Reverse Vending CC, CN, CS, I, I (AU), NA, SA-1, Admin. Review
Machine SA-2, SA-3
Small Collection CC, CS, CN, SA-1, SA-2 and SA-3 Admin. Review
Small Scale Hazardous CS Admin. Review
Waste Center
Large Collection CC, CS, IG, IG(AU), IL, IL(AU), IP, Admin. Review
IP(AU)
IT Use Permit
Light Processing IL, IL(AU), IG and IG(AU) Admin. Review
IT Use Permit
Heavy Processing IG, IG(AU), and IT Use Permit
----- End of picture text -----

Notes:

1. The Zoning Enforcement Official shall be the decision-maker but may refer to the Planning Commission for a Conditional Use Permit.

• C. Permits for Multiple Sites.

  1. The Zoning Enforcement Official may grant a single zoning permit to allow more than one reverse vending machine or small collection facility located on different sites under the following conditions:

     • a. The operator of each of the proposed facilities is the same;

     • b. The proposed facilities are determined to be similar in nature, size, and intensity of activity; and

     • c. All the applicable criteria and standards set forth in Subsection D are met for each such proposed facility.

• D. Design Criteria and Standards.

  1. Reverse Vending Machine(s).

     • a. Each machine shall be located so as not to obstruct pedestrian or vehicular circulation.

     • b. No required parking space shall be occupied, and machine shall not encroach into aisles.

     • c. Each machine shall occupy no more than 50 square feet of space, including any protective enclosure, and shall not exceed eight feet in height.

     • d. Each machine shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the

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operator or responsible person to call if the machine is inoperative.

• e. The maximum sign area is four square feet per machine, exclusive of operating instructions of Subsection D.1.d, above;

• f. Adequate nighttime lighting shall be provided, if warranted.

2. Small Collection Facilities.

   • a. Small collection facilities shall be no larger than 500 square feet, shall be set back at least ten feet from a front or side property line, and 20 feet from an R District boundary or lot developed for residential use, and shall not obstruct pedestrian or vehicular circulation or parking areas. Small collection facilities shall be located no closer than one-half mile distance from one another.

   • b. Applicants of small collection facilities shall submit an Administrative Review application, along with a site plan showing the proposed location and written authorization from a property or business owner for each separate facility location.

   • c. No power-driven processing equipment shall be used except for reverse vending machines.

   • d. All containers shall be constructed and maintained with durable waterproof and rustproof material, covered when the site is not attended, secured from unauthorized entry or removal of material, and of a capacity sufficient to accommodate materials collected.

   • e. All recyclable material shall be stored in containers or in a mobile unit vehicle.

   • f. Attended facilities located within 100 feet of the boundary of an R District shall operate only between 7:00 a.m. and 7:00 p.m.

   • g. Containers shall be clearly marked to identify the type of material that may be deposited; the facility shall be clearly marked to identify the name, address, website and telephone number of the facility operator or organization and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers.

   • h. The maximum sign area shall be 16 square feet exclusive of informational requirements and operational instruction of Subsection c above. Directional signs bearing no advertising message may be installed if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.

   • i. No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use. One space may be provided for the attendant, if needed.

   • j. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.

   • k. No required parking spaces shall be occupied by the facility.

3. Large Collection Facilities.

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SAN LEANDRO CODE

§ 4.04.232

• a. A large collection facility shall be located at least 200 feet from an R district.

• b. Each facility shall be in an enclosed building or within an area enclosed by a fence at least eight feet in height that substantially screens the site.

• c. Six parking spaces shall be for customers and one parking space shall be provided for each commercial vehicle operated by the recycling facility.

• d. Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light-processing activities necessary for efficient temporary storage and shipment of material may be allowed if noise and other conditions are met.

4. Processing Facilities.

   • a. Light processors shall operate in a wholly enclosed building except for incidental storage, in compliance with the regulations set forth in Section 4.04.324 Outdoor Facilities and Storage/Loading Facilities.

   • b. Heavy processors shall operate in a wholly enclosed building, except for incidental storage or within an area enclosed on all sides by an opaque fence or wall not less than eight feet in height and landscaped on all street frontages located at least 150 feet from an R district.

   • c. Power-driven processing shall be permitted provided all noise-level requirements are met.

   • d. If the facility is open to the public, space shall be provided for a minimum of 10 customers or the peak load, whichever is higher, except where the Zoning Enforcement Official determines that allowing overflow traffic is compatible with surrounding businesses and public safety.

   • e. One parking space will be provided for each commercial vehicle operated by the processing center.

5. All Collection and Processing Facilities.

• a. No facility shall occupy a required front or corner side yard, and all regulations applicable to the principal structure on the site shall apply to collection and processing facilities except as provided in this section.

• b. A large collector or processing facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code.

• c. All exterior storage of material shall be in sturdy containers or enclosures that are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of non-flammable material. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing.

• d. Noise levels shall not exceed sixty decibels (60 dBA) as measured at the property line of an R district or otherwise shall not exceed seventy decibels (70 dBA).

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§ 4.04.232

• e. All facilities shall be administered by on-site personnel during hours the facility is open. If a large collection or processing facility is located within 500 feet of an R district, it shall not be in operation between 7:00 p.m. and 7:00 a.m.

• f. Any containers provided for after-hours donation of recyclable materials shall be of sturdy, rustproof construction; shall have sufficient capacity to accommodate materials collected; and shall be secure from authorized entry or removal of materials.

• g. The site of the facility shall be kept free of litter and any other undesirable material. Containers shall be clearly marked to identify the type of material that may be deposited. A notice stating that no material shall be left outside the recycling containers shall be displayed.

• h. Sign requirements shall be those provided for the zoning district in which the facility is located. In addition, each facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation.

• i. No dust, fumes, smoke vibration or odor above ambient level may be detectable on neighboring properties.

(Ord. 2001-015 § 1; Ord. 2004-007 § 5; Ord. 2008-013 § 1; Ord. 2014-011 § 2; Ord. 2016-012

§ 4; Ord. 2020-002 § 4; Ord. 2020-012 § 3; Ord. 2024-011, 7/15/2024)

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City of San Leandro, CA