Chapter 18.60 — Standards for Specific Land Uses

Sections

18.60.010 – Purpose and Applicability 18.60.020 – Accessory Dwelling Units 18.60.030 – Accessory Uses 18.60.040 – Alcoholic Beverage Sales and Service 18.60.050 – Bed and Breakfast Inns 18.60.060 – Caretaker Housing 18.60.070 – Child Day Care Facilities 18.60.080 – Assisted Living Facilities / Congregate Care 18.60.090 – Data Centers 18.60.100 – Drive-in/Drive-Through Establishments 18.60.110 – Emergency Shelters 18.60.120 – Home Occupations 18.60.130 – Live-Work Facilities 18.60.140 – Outdoor Dining and Seating 18.60.150 – Outdoor Displays and Sales 18.60.160 – Outdoor Storage 18.60.170 – Personal Services, Restricted 18.60.180 – Recycling Facilities 18.60.190 – RESERVED SECTION 18.60.200 – Vehicle Repair and Maintenance Facilities 18.60.210 – Vehicle Sales Facilities 18.60.220 – Vehicle Service Stations 18.60.230 – Massage Establishments 18.60.240 – Certified Farmers’ Markets 18.60.250 – Short-Term Rentals of Residential Property 18.60.260 – Electric Power Plants 18.60.270 – Developments Located Within the Airport Influence Area 18.60.280 – Mobile Food Vendors

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Purpose. The purpose of this Chapter is to ensure that all development is consistent with the General Plan to the maximum extent practicable, complies with the applicable standards of this Chapter, produces an environment that is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties.

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Applicability.

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The standards in this Chapter apply to the specified uses in all zones.

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• These standards shall be considered in combination with the standards for each zone in Article 2 (Zones, Allowable Uses, and Development Standards), and Article 3 (Site Planning and General Development Standards). Where there may be a conflict, the standards specific to the zone or specific land use shall override the general standards in this Chapter.

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Standards for Specific Land Uses

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• All structures, additions to structures, and uses shall conform to the standards of this Chapter as determined applicable by the Director.

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• Wherever a distance or location/separation requirement is applied in this Article, the distance or location/separation shall be measured in a straight line, without regard to intervening structures or objects, from one property line to another property line of the parcel on which the use(s) is located.

• A. Ministerial ADU Approval on Single-Family Parcels. The City shall ministerially approve the construction of accessory dwelling units (ADUs) through the issuance of a Zoning Clearance on any single-family residential parcel to create any of the following:

  1. One detached ADU; 
  
  2. One attached ADU or one attached JADU, subject to the following: 
  
  - a. The attached ADU has exterior access and matches the height of the existing or proposed building or an existing accessory structure; 
  
  - b. The attached ADU is within the Building Space of an existing accessory structure or Single Family Dwelling (SFD) or a proposed SFD.  Enclosed uses within the residence, such as attached garages, are considered part of the proposed or existing SFD. 
  
  - c. The JADU has exterior access and is contained within the Building Space of an existing or proposed Single Family Dwelling (SFD); or 
  
  - d. If a permitted JADU does not include a separate bathroom, the permitted JADU shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. 
  
  3. One converted ADU satisfying the requirements of subsection 18.60.020.J. 
  

  4. Any combination of one detached ADU described in Subsection 1 Above, one attached JADU described in Subsection 2.c or 2.d, above, and one converted ADU described in Subsection 3 above.

• B. Ministerial ADU Approval on Multi-Family and Mixed-Use Parcels. The City shall ministerially approve ADUs through the issuance of a Zoning Clearance on any multifamily residential or mixed-use parcel to create any of the following:

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Up to two detached ADUs that comply with ADU height and setback standards;

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2. At least one attached ADU in a multi-family or mixed-use structure, and additional attached ADUs up to 25 percent of the number of existing dwelling units, provided that any attached ADUs are placed within areas of the structure that are not currently used as livable space, including storage rooms, boiler rooms, passageways, attics, basements, or garages; or

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• A combination of the ADUs listed in Subsections 1. And 2., above.

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• For ADUs subject to ministerial approval in one of the categories above, the following shall apply:

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• a. Legal nonconforming zoning conditions (setbacks, parcel coverage, etc.) do not need to be brought into conforming status in order to obtain the Building Permit for the ADU. In addition, illegal conditions unrelated to the construction of the ADU do not have to be corrected as a prerequisite to the construction of the ADU. Notwithstanding the foregoing, the City reserves its right to require correction of any illegal conditions through standard code enforcement processes.

need to be brought into conforming status in order to obtain the Building Permit for the ADU. In addition, illegal conditions unrelated to the construction of the ADU do not have to be corrected as a prerequisite to the construction of the ADU. Notwithstanding the foregoing, the City reserves its right to require correction of any illegal conditions through standard code enforcement processes.

• b. All rentals of ADUs and JADUs shall be for a term longer than 30 days.

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• Proposed ADUs Not Meeting Above Requirements. Proposed ADUs not falling within any of the categories listed above may potentially still be approved but shall meet the standards specified in SCCC Chapter 18.10 and undergo Architectural Review in compliance with Chapter 18.120.

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Development Standards Applicable to All ADUs.

1. Parcel size: No minimum parcel size is required to construct an ADU or JADU on a singlefamily, multi-family. Or mixed-use property.

2. Minimum floor area: 150 square feet.

3. Parking: No parking spaces are required for an ADU or JADU.

4. When a garage, carport, or covered parking structure for the SFD is demolished in conjunction with the construction of an ADU or JADU or converted to an ADU or JADU, those off-street parking spaces need not be replaced.

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Development Standards for ADUs and JADUs on Single-Family, Multi-Family, and Mixed-Use Parcels.

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Detached ADUs.

• a. Height limit: 1 story, 18 feet, excepting building elements that meet the development standards in Subsection 2, below.

• b. Setback, rear: 4 feet

• c. Setback, side: 4 feet.

• d. Setback, corner side: 4 feet.

• e. Unit size maximum, parcels less than or equal to 5,500 square feet: 1,000 square feet.

• f. Unit size maximum, parcels greater than 5,500 square feet: 1,200 square feet.

• g. Detached ADUs may include a detached garage.

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• Additional development standards for detached ADUs greater than one story and 18 feet in height.

• a. Height limit: 1.5 stories, 25 feet

• b. Setback, rear, one-story elements: 4 feet.

• c. Setback, rear, multi-story elements: 15 feet.

• d. Setback, side, one- and one-and-a-half-story elements: 4 feet

• e. Setback, side, two-story elements: 9 feet

• f. Maximum width for dormers: 40 percent of the subject building elevation.

• g. Egress windows: Egress windows shall face the primary residence, as opposed to the neighboring properties.

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Attached ADUs.

• a. Height, number of stories: 25 feet and 2 stories

• b. Setback, front: Meet the setback for the subject zone, except as provided in paragraphs H and I.

• c. Setback, side: 4 feet.

• d. Setback, rear, one-story elements: 4 feet.

• e. Setback, rear, multi-story elements: 15 feet.

• f. Unit size: 1,000 square feet or 50 percent of the size of the main unit (minimum of 800 square feet), whichever is less.

• g. All attached ADUs subject to ministerial approval shall be constructed within the setbacks required and at a maximum height of 25 feet will still qualify as being within the “building space” if it includes an expansion of an existing SFD or accessory structure by up to 150 square feet for purpose of creating ingress/egress. Such an expansion may exceed the zoning requirements for the main SFD (such as parcel coverage and setbacks).

• h. For the purposes of ADUs, “Building Space” shall mean the walls of a proposed SFD or an existing SFD or accessory structure. However, an attached ADU will still qualify as being within the “building space” if it includes an expansion of an existing accessory structure by up to 150 square feet for purpose of creating ingress/egress. Such an expansion may exceed the zoning requirements for the main SFD (such as parcel coverage and setbacks).

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• Development Standards for JADUs. JADUs are attached ADUs built within the building space of an existing or proposed structure.

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The maximum area of a JADU is 500 square feet.

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• All JADUs must be constructed within the walls of a proposed or existing SFD. The 150-square foot “building space” expansion is not available for JADUs. JADUs are not permitted in accessory structures.

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• A JADU shall contain an efficiency kitchen (a cooking facility with appliances, a food preparation counter, and storage cabinets).

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• A JADU may include separate bathroom facilities or may share bathroom facilities with the main SFD. If a permitted JADU does not include a separate bathroom, the permitted JADU shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

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• Owner-occupancy is required in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

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• The recordation of a deed restriction is required, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:

• a. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

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• b. A restriction on the size and attributes of the JADU that conforms with this section of the Zoning Code.

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• ADUs subject to Parcel Coverage, Floor Area Ratio (FAR), and Open Space Requirements. ADUs and JADUs are subject to front setback requirements, parcel coverage, FAR, and open space requirements, but only to the extent that such requirements would still allow for: A detached or attached ADU of 800 square feet, that is at least 18 feet in height with four-foot rear yard and four-foot side yard setbacks. Setbacks and side yard setbacks to be constructed in compliance with all other applicable City development standards.

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• ADUs Not Meeting Ministerial Approval Standards. ADUs and JADUs not meeting ministerial approval standards under Paragraph A, are subject to Architectural Review in compliance with Chapter 18.120 and shall meet all applicable Zoning Code regulations.

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• ADUs Proposed in The Location of Existing Accessory Structures. No setbacks are required for conversions of existing structures (garages or other accessory structures) that are constructed in the same location and to the same dimensions as the existing structure.

ADUs on Historically Designated Properties.

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• The City is expressly allowed to regulate parking, height, setback, landscape, Architectural Review, maximum unit size, to require standards that prevent adverse impacts on any properties listed in the California Register of Historical Resources.

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• The addition of an ADU to a property listed in the California Register of Historical Resources requires a Significant Properties Alteration (SPA) Permit.

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• Standards Applicable to Converted ADUs. The following standards apply only to converted accessory dwelling units:

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• Definition. A converted ADU is an ADU converted from an existing primary dwelling or accessory structure, including but not limited to attached garages, storage areas, or similar uses, or an accessory structure including but not limited to a studio, pool house, or other similar structure.

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• Limited Expansion. Conversions may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing structure if the expansion is for the sole purpose of accommodating ingress and egress to the converted structure.

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• Exterior Access Required. The converted space or structure shall have exterior access.

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• Setbacks. An accessory dwelling unit or portion of an accessory dwelling unit located within the existing space of an existing dwelling or within an existing detached accessory structure shall not require a setback from the rear, street side, or interior side property lines.

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• Parking. No additional off-street parking is required for the converted accessory dwelling unit. If replacement parking is provided, the replacement spaces shall be located in any configuration on the same parcel as the accessory dwelling unit and may include but is not limited to covered spaces, uncovered spaces, or tandem spaces. Replacement parking may only occur on driveways leading to a required parking space or in rear yard on a paved surface.

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• Unit Size Requirements. The conversion of an existing accessory structure or a portion of the existing primary dwelling to an accessory dwelling unit is not subject to unit size requirements established in this Section. For example, if an existing 2,000 square-foot accessory structure was converted to an accessory dwelling unit, it would not be subject to the established unit size requirements.

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• Purpose. The purpose of this Section is to regulate accessory uses throughout the City in a manner that ensures compatibility with the primary use and surrounding existing uses and further ensures that the accessory use is clearly incidental and subordinate to the primary use on the site.

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• Objectives. The following objectives shall be satisfied in approving any accessory use:

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• The accessory use is clearly incidental and subordinate to the primary use on the site;

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• The accessory use supports and enhances the primary use on the site;

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• The accessory use does not change the character of the primary use; and

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• The accessory use is compatible with the primary uses on surrounding properties.

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• Considerations. The following considerations shall be used in reviewing proposed accessory uses to help determine if they will meet the above listed objectives:

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• The type of primary use on the site and the relationship of the proposed accessory use to the primary use;

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• The size and intensity of the proposed accessory use in comparison to the primary use (with respect to floor area, sales revenue, number of employees, traffic, etc.); and

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• If the primary use is existing or proposed and if existing, for how long?

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Approval Process.

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• Application Process. An application for an accessory use shall be reviewed through one of the following processes, at the determination of the Director:

• a. As an addition to an allowed primary use located on the site where only Zoning Clearance and no Minor Use Permit or Conditional Use Permit is required;

• b. As an addition to an allowed primary use located on the site but a Minor Use Permit or Conditional Use Permit is required for the accessory use;

• c. As a major or minor modification to the existing Minor Use Permit or Conditional Use Permit for the primary use located on the site; or

• d. As a new Minor Use Permit or Conditional Use Permit for both the primary and accessory use.

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• Director Determination. The determination by the Director as to the type of permit and level of review that shall be required for an accessory use shall be based on the potential for controversy, opposition, any unresolved issues, or policy implications.

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• Purpose and Intent. The purpose of this Section is to regulate Alcoholic Beverage Sales associated with a restaurant or retail establishment consistent with relevant State and Federal law. The intent is to allow Alcoholic Beverage Sales in a way that is compatible with the primary use and surrounding existing uses.

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• Permit Requirements. The Alcoholic Beverage Sales and Service are allowed in certain commercial, mixed-use, and office and industrial zones as specified in Article 2 (Zones, Allowable Uses, and Development Standards).

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• Sales and Service Incidental to a Restaurant. Alcohol Sales and Service is allowed incidental to a restaurant, as defined in Article 8 (Definitions), provided the alcohol sales and service use conforms to all of the following standards:

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• Alcohol is served only with meals at a restaurant, as defined in Article 8, which conforms to the requirements of this Zoning Code; and

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• Alcohol sales and service conforms to the requirements of the California Department of Alcoholic Beverage Control.

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Tasting Incidental to a Retail Establishment. Tasting of beer, wine, or spirits incidental to the retail sales of goods and merchandise is allowed, with Zoning Clearance approval, in compliance with this Zoning Code and all of the following additional provisions:

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• The use is incidental to a retail establishment with a floor area of not less than 25,000 square feet;

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• The use is limited to sampling beer, wine, or spirits sold or offered for sale by the retail establishment for off-site consumption;

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• The use occurs entirely within a designated area delineated by a rope, railing, or other temporary or permanent barrier;

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• The use does not occur between the hours of 9:00 p.m. and 7:00 a.m. or when the retail establishment is closed to the public; and

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• The use conforms to all requirements of the California Department of Alcohol Beverage Control.

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• Purpose. The purpose of this Section is to regulate the establishment and operation of Bed and Breakfast Inns.

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Zones Allowed.

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• Residential Zones. In residential zones, a Bed and Breakfast Inn may be located in any single-family dwelling as determined by the Director.

• Commercial Zones. In commercial zones, a Bed and Breakfast Inn may be allowed on a parcel with an existing single-family residential dwelling converted for the purposes of lodging as determined by the Director.

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• Bed and Breakfast Inns Standards. The following standards shall apply to Bed and Breakfast Inns:

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• Where permitted in residential zones, the primary owner(s) shall remain in residence at the Bed and Breakfast Inn when guests are present.

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• A Bed and Breakfast Inn may contain no more than five guest rooms used, let or hired out for the transient occupancy of one or more guests and operated as a commercial service enterprise for profit or livelihood. The number of guests shall be limited by the number of bedrooms located in the single-family dwelling.

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• Guests of a Bed and Breakfast Inn shall register upon arrival, stating their names, current residence addresses and the license plate number of their vehicle (excluding common carriers or charter bus). The registration form shall be kept by the owner for a period of at least three years and shall be made available for examination by a representative of the City’s Department of Finance upon notice.

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• Bed and Breakfast Inns shall be subject to the Transient Occupancy Tax and the operator of a Bed and Breakfast Inn shall pay in a timely manner any Transient Occupancy Tax required by the City.

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• Off-street parking requirements shall comply with Chapter 18.38 (Off-Street Parking Regulations and Design Standards).

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• Food service may only include limited meals (i.e., breakfasts) along with late-night snacks and other refreshments) and shall be clearly secondary and incidental to the use of the property for lodging purposes.

• a. Food service, shall be limited to Bed and Breakfast Inn registered guests only.

• b. Food service shall be subject to the approval and maintenance of a Food Facility Permit issued by the Santa Clara County Department of Environmental Health.

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• Purpose. The purpose of this Section is to regulate the establishment and operation of Caretaker Housing in compliance with Article 2 (Zones, Allowable Uses, and Development Standards).

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• Permit Requirements. Caretaker Housing is allowed in certain commercial, mixed-use, and office and industrial zones as specified in Article 2 (Zones, Allowable Uses, and Development Standards).

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Development Standards. The following standards shall apply to Caretaker Housing:

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• Maximum Size. The Caretaker’s unit may be no larger than 800 square feet.

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• Maximum Bedroom. The Caretaker’s unit may have no more than one bedroom.

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• Parking. Only one off-street parking space shall be required.

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• Purpose. This Section provides locational, developmental, and operational standards for Child Day Care Facilities in compliance with State law.

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• Standards for Child Day Care Centers. These standards apply in addition to the other provisions of this Zoning Code and requirements imposed by the California Department of Social Services. The establishment of a Child Day Care Center shall comply with Article 2 (Zones, Allowable Uses, and Development Standards), and all the following standards, as applicable to the use:

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• Access shall be only from a collector or arterial street, or a local street if the street is developed primarily with businesses.

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• Play areas shall be located at least five feet from the adjacent property lines and separated from any contiguous residential yards by a six-foot high solid fence or wall.

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• The child day care center shall provide a minimum standard of 75 square feet of outdoor activity space for each ambulatory child. The outdoor area shall be owned or leased by the applicant and cannot be shared with other property owners unless permission is granted by the joint owners;

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• All outdoor play equipment is located at least five feet from the adjacent property lines. No outdoor play equipment shall be allowed in front yards;

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• Compliance with any conditions imposed by the Review Authority deemed reasonable and necessary to satisfy the requirements of this Section.

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• Purpose and Intent. The purpose of this Section is to provide criteria that distinguish a use an assisted living facility from an independent living arrangement, or from a dependent care facility such as a nursing home. Whether a use qualifies as an assisted living facility will affect the zones where the use is permitted, and how the City’s Parkland Dedication Ordinance and Affordable Ordinance apply to the use.

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• Distinguishing Characteristics . The Director will determine whether a proposed use qualifies as assisted living considering the following factors:

  • a. Level of care. On a spectrum of care, an assisted living facility falls between fully independent living situations and fully dependent care. Residents of an assisted living facility need help with activities of daily living. Residents of a nursing home, by contrast, require frequent or perpetual care.

  • b. Medical conditions. Residents of independent living will have either minor medical conditions or are completely health. Residents of a nursing home have life threatening conditions. Residents of assisted living have minor to major medical conditions, although some residents may not have any health concerns.

  • c. Kitchens . While independent living will typically provide full kitchens, and nursing homes will provide no kitchens, assisted living will usually include a “mini” kitchen containing a microwave and sink. Assisted living facilities will frequently also have a communal dining area in the building.

  • d. Layout. Assisted Living facilities have private living areas typically ranging from studios to 2-bedrooms, in a layout similar to a hotel. Nursing homes have either private or shared rooms in a layout similar to a hospital.

  • e. Personnel On-site . Independent living facilities will typically have an attendant available, but not necessarily on site. Assisted living facilities will typically have an attendant on 24hour staff. Nursing homes will have nurses on 24-hour duty.

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• Categorization of use . The application of the City’s Parkland Dedication Ordinance and Affordable Housing Ordinance depend upon whether a use is categorized as “residential” or “commercial.” Since assisted living facilities have characteristics of both, the following standards shall apply, consistent with prior City practice:

  • a. Affordable Housing Ordinance. The square footage of assisted living units attributable to bedrooms will be treated as residential space, and all square footage will be treated as commercial space.

  • b. Parkland Dedication Ordinance. The Parkland Dedication Ordinance will apply to the residential units, irrespective of the presence of any service or commercial component to the building, in the same way that the residential units in a mixed-use building would be subject to the Ordinance.

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• Memory Care Excluded . Memory Care units are not considered assisted living, and are treated as a commercial use for the Affordable Housing Ordinance and Parkland Dedication Ordinance.

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• Purpose and Intent. The purpose of this Section is to establish standards for the development and operation of Data Centers, as that term is defined in Article 8 (Definitions), as allowed by Article 2

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(Zones, Allowable Uses, and Development Standards). The intent of these standards is to regulate Data Centers for compatibility with surrounding uses and property.

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• Permit Requirements. Data Centers are allowed as specified in Table 2-13 (Office and Industrial Zone Allowed Uses and Permit Requirements).

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• Developmental Standards. The following standards shall apply to all Data Centers:

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• Primary Structure Facades. Primary structure facades shall include all structure facades that face adjacent public roads. Primary structures may house a primary use, and secondary (freestanding) structures may house the data center, or the data center may be included in the primary structure. Primary structure facades associated with new construction shall meet all of the following standards:

• a. Primary structure façade design shall avoid the use of undifferentiated surfaces by including at least two of the following design elements: change in structure height, structure step-backs or recesses, fenestration, change in structure material, pattern, texture, color, or use of accent materials.

• b. When a primary structure has more than one facade, the facades shall be consistent in terms of design, materials, details, and treatment.

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• Exterior Lighting. All exterior lighting shall be designed and constructed with cutoff and fully shielded fixtures that direct light downward and into the interior of the property and away from adjacent roads and properties in compliance with Section 18.40.080 (Outdoor Lighting).

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• Structural Noise Reduction Measures. All data centers are required to provide structural noise reduction measures for any exterior cooling fans or equipment, such as baffles or acoustic louvers, to the satisfaction of the Director of Community Development.

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• Purpose. The purpose of this Section is to establish standards for the development and operation of Drive-In/Drive-Through Establishments as allowed by Article 2 (Zones, Allowable Uses, and Development Standards).

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• Permit Requirements. Drive-In/Drive-Through Establishments are allowed as specified in Table 2-4 (Commercial Zone Allowed Uses and Permit Requirements) and Table 2-10 (Mixed-Use Zone Allowed Uses and Permit Requirements).

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• Developmental Standards. The following standards shall apply to all Drive-In/Drive-Through Establishments:

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• Drive-through aisles shall have a minimum 10-foot interior radius at curves and a minimum 11-foot width.

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• Each entrance to an aisle and the direction of traffic flow shall be clearly designated by signs/pavement markings.

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• Each drive-through aisle shall be separated by curbing and landscaping from the circulation routes necessary for ingress or egress from the property or access to a parking space.

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• Pedestrian walkways generally should not intersect the drive-through access aisles, but where they do, they shall have clear visibility and be emphasized by enhanced paving or markings.

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• The provision of drive-through service facilities shall not justify a reduction in the number of required off-street parking spaces.

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• Drive-through access aisles shall provide at least 100 feet of space before a menu/order board. Additional menu-only boards may be provided.

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• To properly screen vehicles and associated headlights in a drive-through lane from view of abutting street rights-of-way, a minimum five-foot-wide planter shall include a minimum threefoot-tall (maximum four-foot-tall) landscape barrier planted with shrubs and trees and other landscaping consistent with those in the parking area. At no time shall this landscape barrier be pruned in a manner that allows the vehicle headlights from the drive-through lane to be visible from abutting street rights-of-way. Plantings shall also be designed to discourage potential safety issues (e.g., persons lying in wait).

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• A minimum eight-foot-high solid decorative wall shall be constructed on each property line that adjoins a residentially zoned or used parcel. The design of the wall and the proposed construction materials shall be subject to the approval of the Director. A minimum five-foot landscaping strip shall be provided between the fence and any driveway which shall be maintained by the owners, developers, and/or successors-in-interest.

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• Purpose. The purpose of this Section is to establish standards for the development and operation of Emergency Shelters which as allowed by Article 2 (Zones, Allowable Uses, and Development Standards).

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• Location. Emergency shelters are allowed as follows:

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• In the C-C, C-R, and MU-VHD permitted by right.

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• In the R3, R4, and R5 zones, permitted by right.

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• In the LI Light Industrial zone, permitted by right.

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• In the PQP Public/Quasi-Public district, allowed with a Minor Use Permit

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Permitting Requirements. An application must meet the minimum property development standards for the applicable zoning designation on the date the operator submits the materials required by Subsection E. (Shelter Management Plan).

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• Developmental and Operational Standards. The following standards shall apply to all Emergency Shelters:

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• Maximum Number of Beds The maximum number of beds shall not exceed 50.

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• Length of Stay. The maximum stay at the facility shall not exceed 180 total days in any 365day period.

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• Intake Areas. On-site client waiting and intake areas shall be located inside the structure, when feasible, and shall be screened from public and private property. If not feasible, an exterior waiting area shall be provided which:

• a. Contains a minimum of 10 square feet per bed provided at the facility;

• b. Shall be in a location not adjacent to the public right-of-way; and

• c. Shall be visibly separated from public view by a minimum six-foot-tall visual screening.

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• Intake Area Hours. Hours of intake shall be between the hours of 5:00 p.m. to 9:00 p.m. Overnight occupants shall not be allowed to leave the facility on foot before 7:00 a.m. the following morning.

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• On-site Employee Requirements. A minimum of one employee for each 15 beds provided, in addition to security personnel, shall be on duty and remain on-site during operational hours whenever occupants are on the site.

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• Required Security. Security personnel shall be provided during operational hours whenever clients are on the site and when people are waiting outside the facility.

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• Exterior Lighting. Exterior lighting shall be provided for the entire outdoor area of the site. Exterior lighting shall be stationary, directed downward and away from adjacent properties and public rights-of-way, and be of an intensity compatible with the neighborhood and the regulations Section 18.40.080 (Outdoor Lighting).

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• Allowable On-site Services. The emergency shelter may provide the following services and facilities to occupants in a designated area separate from the sleeping areas:

• a. A recreation area either inside or outside the shelter. If located outside, the area shall be screened from public view.

• b. A counseling center for job placement, educational, health care, legal, or mental health services.

• c. Laundry facilities sized to properly serve the number of occupants at the shelter.

• d. Kitchen for the preparation of meals.

• e. Dining hall.

• f. Client storage areas (i.e., for the overnight storage of bicycles and personal items).

• g. Similar services supporting the needs of homeless occupants.

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• Annual Report to the City. The operator of the facility shall provide, via the Homelessness Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations, at the City’s request, an annual report of the use of the facility and determination of compliance with the City’s development standards for the use. The report shall include information regarding client stays, client demographics, client income, and exit destinations.

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• On-site Management. Professional and on-site management, with experience managing emergency shelters, shall be provided at all times.

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Shelter Management Plan.

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• Contents of Management Plan. The shelter operator shall demonstrate compliance with the requirements of Subsection D. (Developmental and Operational Standards) by providing the Director with a shelter management plan. The shelter management plan shall consist of a written description of the characteristics of the planned shelter along with preliminary plans for the existing or proposed shelter facility, including parking. The shelter management plan shall address all of the following:

• a. Hours of operation;

• b. Admission hours and process;

• c. Staff training;

• d. Neighborhood outreach and privacy;

• e. Security; and

• f. Resident counseling and treatment.

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• Review by the Director. The shelter management plan is subject to approval by the Director prior to issuance of the Certificate of Occupancy. The submission shall include sufficient detail for the Director to assess whether the proposed shelter will satisfy the requirements specified

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in Subsection D. (Developmental and Operational Standards). Within 30 days of receiving a complete application, the Director shall inform the proposed operator whether the submission satisfies Subsection D., above. If the Director determines the proposed emergency shelter fails to satisfy the requirements of Subsection D., the proposed operator shall be informed in writing of the conclusion, the reasons for the conclusion, and the facts on which the conclusion was based. The Certificate of Occupancy may only be issued following the Director‘s approval of the shelter management plan.

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• Updates. The shelter operator shall submit a revised SMP to the Director at least 60 days prior to changing any of the characteristics specified in the Plan. The Director shall have the authority to veto any proposed change to the SMP that would have the potential to violate Subsection D. (Developmental and Operational Standards).

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• Compliance Required. Any emergency shelter shall operate in compliance with the terms of the shelter management plan approved by the Director, this Zoning Code, and the approved Conditional Use Permit, if applicable.

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• Additional Requirements. Nothing in this Section, or approval of any Conditional Use Permit or shelter management plan, shall relieve a proposed operator from the obligation to satisfy all applicable building, zoning, environmental, and other laws, regulations, or ordinances that may otherwise apply to the construction, location, or operation of the emergency shelter.

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• Purpose and Intent. The purpose of these home occupation standards is to regulate commercial and office uses within and accessory to residential dwellings. The intent of these standards is to allow certain home-based businesses while preserving the intended residential character of a neighborhood and/or dwelling as contemplated in the General Plan and this Zoning Code.

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• Zoning Clearance Required. Home Occupations are allowed as specified in Table 2-1 (Residential Zone Allowed Uses and Permit Requirements) and subject to the issuance of a Zoning Clearance.

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• General Standards. A Home Occupation meeting the requirements of this Section shall be allowed in any dwelling unit, including a mobile home, as an incidental use of the dwelling. The provisions of this Section shall apply to all dwelling units implemented in compliance with the requirements of this Zoning Code, regardless of the zone in which the parcel is located.

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Home Occupation Standards. The following standards shall apply to all Home Occupation activities:

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• Authorization. No Home Occupation shall be initiated unless and until the Department issues a Zoning Clearance confirming compliance with the requirements specified in Table 4-1 (Home Occupation Standards), below, and all other provisions of this Section, and the applicant has agreed in writing to operate the home occupation in compliance with all of the requirements of this Section.

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• Business Tax Certificate. Issuance of a City Business Tax Certificate, commonly referenced as a Business License, shall in no way signify authorization of a Home Occupation or compliance of a home occupation with the requirements of this Section.

Table 4-1 Home Occupation Standards

The dwelling unit shall be the primary dwelling of the operator(s) of the home occupation. No No Operator/Employees Allowed employee, assistant, or volunteer is allowed unless the dwelling is that person’s primary dwelling,

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Table 4-1 Home Occupation Standards

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Prohibited Home Occupations.

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The following uses and activities are prohibited as Home Occupations:

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• a. Animal hospitals;

• b. Boarding and/or rooming house for more than one guest;

• c. Food catering or production except in compliance with the Cottage Food Act (Government Code Section 51035);

• d. Massage, except certified massage as defined in Article 8 (Definitions);

• e. Medical doctor, chiropractor, dentist, acupuncturist, or other practitioner of the healing arts;

• f. Vehicle storage, cleaning, dismantling, installation, manufacture, repair, service;

• g. Vehicle sale, lease, rental, or dispatching including via e-commerce platforms;

• h. Welding; or

• i. Any use that does not comply with the standards specified in this Section.

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• This list, from time to time, may be increased with additional classifications which are found by the Director to change the character of the dwelling unit or adversely impact the residential ne ig hborhood’s character.

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• Purpose. The purpose of this Section is to regulate the establishment and operation of Live-Work Facilities in compliance with Article 2 (Zones, Allowable Uses, and Development Standards).

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• Permit Requirements. Live-Work Facilities are allowed in certain residential, commercial, and mixeduse zones as specified in Article 2 (Zones, Allowable Uses, and Development Standards).

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• Development Standards. The following standards shall apply to all Live-Work Facilities:

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• A minimum first floor to ceiling height of 12 feet shall be provided and maintained;

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• A minimum front room depth of 35 feet shall be provided and maintained;

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• A minimum of 65 percent window glazing along the front elevation shall be provided and maintained;

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• Double entry doors with a minimum of 80 percent transparent glass surface area shall be provided and maintained;

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• Live/work units may occupy a maximum of 25 percent of an individual structure’s ground floor retail frontage; and

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• The Live-Work Facilities do not count towards any minimum commercial FAR.

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• Purpose and Intent. The purpose of this Section is to regulate permanent Outdoor Dining and Seating. Temporary uses are addressed in Chapter 18.122 (Temporary Use Permits). The intent of these regulations is to encourage outdoor dining and seating that is compatible with associated and surrounding uses and do not obstruct pedestrian or vehicular circulation or create an unsightly appearance.

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Permit Requirements.

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• All Outdoor Dining and Seating areas subject to the requirements of this Section shall be allowed as specified in Article 2 (Zones, Allowable Uses, and Development Standards).

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• Outdoor Dining and Seating areas are allowed as follows:

• a. When providing 24 or fewer seats: A Zoning Clearance is required; and

• b. When providing 25 or more seats: A Minor Use Permit is required.

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• When a Minor Use Permit is required, in order to approve proposed outdoor seating, the Director shall make the standard findings required for the Minor Use Permit, as well as all the following additional findings:

• c. Allows a continuous pedestrian path of travel in compliance with State and Federal accessibility regulations that will not obstruct fire, pedestrian, and wheelchair access.

• d. Does not unduly interfere with pedestrian traffic on the sidewalk.

• e. Does not unduly interfere with access of public employees and utility workers to meters, fire hydrants, or other objects (street hardware) in the right-of-way.

• f. Allows an unobstructed view of traffic devices.

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• General Developmental Standards. The following developmental standards shall apply to all Outdoor Dining and Seating Facilities:

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• Location. Outdoor dining and seating shall occupy a fixed, specifically approved location that does not disrupt the normal function of the site or its circulation and does not encroach upon driveways, emergency vehicle/fire access lanes, landscaped areas, parking spaces, pedestrian walkways or pathways, bicycle lanes, seating, enhanced pedestrian amenities (e.g., waste receptacles and drinking fountains), or any other requirement listed in the Building Code. Outdoor dining and seating shall not be located within the public right-of-way, in required parking spaces, in designated vehicle drive aisles, or within required landscape planter areas.

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• Hours of Operation. Except as otherwise provided, hours of operation for outdoor dining and seating areas shall be consistent with those for the primary use.

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• Signs. No additional business identification or advertising signs for outdoor dining and seating shall be allowed above the maximum number and allowable sign area for the corresponding primary use as established in Chapter 18.42 (Sign Standards).

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• Maintenance. Outdoor dining and seating areas shall be kept free of garbage and other debris and shall not encroach into required sidewalk clearance areas as follows: all outdoor dining and seating areas shall leave a minimum horizontal clear space of six feet of clear sidewalk space, or greater if the Director of Public Works determines necessary to protect pedestrian access to the sidewalk area.

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• Quality of Materials. Any outdoor dining and seating area shall use high quality materials compatible with surrounding uses and structures. For example, inexpensive plastic or polypropylene chairs are not compatible with permanent higher quality surrounding materials and structures. The selected materials shall be subject to the Director’s approval.

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• Distance from Residential Uses. Except as otherwise expressly allowed in this Zoning Code, no outdoor dining and seating area shall be located less than 100 feet from the property line of a residentially zoned parcel without prior approval of a Minor Use Permit. However, a Minor Use Permit shall not be required for the following activities when located less the 100foot separation requirement:

• g. Service windows for pedestrians.

• h. Outdoor dining and seating incidental to a restaurant or beverage/food establishment that conforms to all the following criteria:

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• (1) Is separated from residentially zoned property by a nonresidential building;

• (2) Does not operate between the hours of 10:00 p.m. and 6:00 a.m. daily;

• (3) Can be secured, in order to prevent access during non-business hours; and

• (4) Is operated in a manner that does not create a private or public nuisance.

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• Operational Standards. The following operational standards shall apply to all Outdoor Dining and Seating Areas:

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• Permittee to Ensure Maintenance. The permittee shall be responsible for, and exercise reasonable care in, the inspection, maintenance, and cleanliness of the area containing the outdoor dining and seating, including any design requirements hereafter enacted, from the structure frontage to the curb.

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• Permittee to Ensure Compliance. The permittee shall restrict the outdoor dining and seating to the approved location and ensure compliance with all applicable laws, including laws against blocking the public right-of-way, health and safety laws, public cleanliness laws, and laws regulating sale and public consumption of alcohol.

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• Alcoholic Beverage Sales. Areas in which alcoholic beverages are served shall comply with the standards established by the State Department of Alcoholic Beverage Control.

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• Clean-up Facilities. Outdoor dining areas, whether part of a single restaurant or shared by several restaurants, shall provide adequate clean-up facilities, and associated procedures, in the following manner.

• a. Cleaning Schedule. Outdoor dining areas shall be cleaned on a continual basis for removal of litter and food items which constitute a nuisance to public health and safety; and,

• b. Waste Receptacles. Outdoor dining areas shall contain waste receptacles, which shall not be allowed to overflow, for use by the public and/or restaurant employees.

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• Required Parking. No additional parking shall be required for the outdoor dining and seating area associated with the primary use.

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• Entertainment. Outdoor dining and seating areas that provide dancing, entertainment, or amplified music shall comply with the noise standards in City’s Noise Ordinance (SCCC Chapter 9.10)

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• Purpose and Intent. The purpose of this Section is to regulate permanent Outdoor Displays and Sales. Temporary uses are addressed in Chapter 18.122 (Temporary Use Permits). The intent of these regulations is to encourage Outdoor Displays and Sales that are compatible with associated and surrounding uses and do not obstruct pedestrian or vehicular circulation or create an unsightly appearance of unrestricted clutter.

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Permit Requirements.

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• All Outdoor Displays and Sales that are subject to the requirements of this Section shall be allowed as specified in Article 2 (Zones, Allowable Uses, and Development Standards).

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• When a Minor Use Permit is required, in order to approve proposed Outdoor Displays and Sales, the Director shall make the standard findings required for the Minor Use Permit, as well as all the following additional findings:

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• a. Allows a continuous pedestrian path of travel in compliance with State and Federal accessibility regulations that would not obstruct fire, pedestrian, and wheelchair access.

• b. Does not unduly interfere with access of public employees and utility workers to meters, fire hydrants, or other objects (street hardware) in the right-of-way.

• c. Allows an unobstructed view of traffic devices.

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• Exemptions. The following uses shall be exempt from the requirements for a Minor Use Permit, provided that the uses comply with all other requirements of this Section:

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• The seasonal sale of Halloween pumpkins or Christmas trees and greenery (regulated by Chapter 18.122 (Temporary Use Permits).

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• The selling of any product from the sidewalk area of a public street.

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• The placement or maintenance of news racks within the public right-of-way in compliance with the applicable provisions in the SCCC.

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• The vending of beverages, goods, wares, or merchandise for the use of an on-site business when the vending facility remains on the site for one hour or less in any 24-hour period, including Mobile Food Vendors in compliance with Section 18.60.280 (Mobile Food Vendors).

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• General Development Standards. The following general standards shall apply to all Outdoor Displays and Sales activities.

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• Location. Outdoor Displays and Sales shall occupy a fixed, specifically approved location that does not disrupt the normal function of the site or its circulation. The Outdoor Displays and Sales shall not encroach upon or be located within required setbacks or public rights-of-way, driveways, emergency vehicle/fire access lanes, landscaped areas, required parking spaces, pedestrian walkways, bicycle lanes, seating, enhanced pedestrian amenities (e.g., waste receptacles and drinking fountains), or any other requirement listed in the Building Code.

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• Hours of Operation. Except as otherwise provided, hours of operation for Outdoor Displays and Sales shall be consistent with those for the primary use.

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• Signs. No additional business identification or advertising signs for the Outdoor Displays and Sales may be allowed above the maximum allowable sign area for the corresponding primary use as established in Chapter 18.42 (Sign Standards).

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• Maintenance. Outdoor Displays and Sales areas shall be kept free of garbage and other debris and shall not encroach into required sidewalk areas as follows: all Outdoor Displays and Sales areas shall leave a minimum horizontal clear space of six feet, or greater if the Director of Public Works determines necessary for safe pedestrian access to the sidewalk area.

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• Waste Collection and Disposal. Solid waste collection, recycling, and/or disposal shall be provided.

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• Quality of Materials. Any Outdoor Displays and Sales area shall use high quality materials compatible with surrounding uses and structures. For example, inexpensive plastic is not compatible with permanent higher quality surrounding materials and structures.

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• Distance from Residential Uses. Except as otherwise expressly allowed in this Zoning Code, no Outdoor Displays and Sales area shall be located less than 100 feet from the property line of a residentially zoned parcel without prior approval of a Minor Use Permit. However, a Minor Use Permit shall not be required for the following activities when located less the 100-foot separation requirement:

• a. Service windows for pedestrians or automatic teller machines for pedestrians;

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• b. Plant nursery sales accessory to an indoor retail use, which outdoor sales area is no greater than 15 percent of the gross floor area of the retail use; and

• c. Display or storage of up to two on-site vehicles associated with the sale, lease, or rental of vehicles with no vehicle service, repair, cleaning, or fueling.

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• Developmental and Operational Standards for Outdoor Displays and Sales. The following standards shall apply as applicable to the specific type of use:

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• General Standards for Permanent Outdoor Displays and Sales. The following standards shall apply to all permanent Outdoor Displays and Sales activities:

• a. Associated with the Primary Use. All Outdoor Displays and Sales activities shall be associated with the primary use of the parcel. Only those goods and services associated with the primary use may be stored, sold, or displayed.

• b. Maximum Area. Unless otherwise authorized by a Minor Modification, the area used for permanent Outdoor Displays and Sales of materials shall not exceed 10 percent of the gross floor area of the corresponding commercial structure. Vehicle and equipment sales and rentals (e.g., automobile, boat, RV, construction equipment) are exempt from this requirement, provided storage and display is limited to vehicles offered for sale or rental only and all other Zoning Code requirements are satisfied.

• c. Display Space. The aggregate display area shall not exceed 25 percent of the linear frontage of the storefront or six linear feet, whichever is greater, and items may not project more than four feet from the storefront.

• d. Height Limit. Displayed outdoor sales, other than plant materials for sale (e.g., Christmas trees, nursery trees), shall not exceed a height of six feet above finished grade, unless a greater height is allowed through Minor Modification approval.

• e. Safety Hazards. No item shall be displayed in a manner that causes a safety hazard; obstructs the entrance to any structure; interferes with, or impedes the flow of, pedestrian or vehicle traffic; obstructs in part or in whole an emergency vehicle/fire access lane; is unsightly or creates any other condition that is detrimental to the appearance of the premises or any surrounding parcel; or in any other manner is detrimental to the public health, safety, or welfare or causes a public nuisance. The existence of a safety hazard(s) shall be determined by the Director.

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• General Standards for Outdoor Vending Machines. The following standards shall apply to all outdoor vending machines:

• a. Not more than two outdoor vending machines shall be allowed for a use with up to 25,000 square feet of floor area, and not more than five outdoor vending machines shall be allowed for a use with 25,000 square feet or more of floor area.

• b. Outdoor vending machines shall be located immediately adjacent to a structure.

• c. Outdoor vending machines shall be located a minimum distance of 150 feet away from any dwelling or the parcel line of any Residential or (the residential component of a) MixedUse Zoned Property or any school facility.

• d. Vending machines shall not obstruct pedestrian or vehicular access.

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• Purpose and Intent. The purpose of this Section is to regulate permanent Outdoor Storage. Temporary uses are addressed in Chapter 18.122 (Temporary Use Permits). The intent of these regulations is to encourage Outdoor Storage that is compatible with associated and surrounding uses and that does not obstruct pedestrian or vehicular circulation or create an unsightly appearance of unrestricted clutter.

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• Permit Requirements. All Outdoor Storage areas that are subject to requirements of this Section shall be allowed as specified in Article 2 (Zones, Allowable Uses, and Development Standards)

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• General Development Standards. The following developmental standards shall apply to all Outdoor Storage areas.

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• Location. Outdoor Storage areas shall occupy a fixed, specifically approved location that does not disrupt the normal function of the site or its circulation and does not encroach upon required setbacks, public rights-of-way, driveways, emergency vehicle/fire access lanes, landscaped planter areas, parking spaces, vehicle drive aisles, pedestrian walkways or pathways, bicycle lanes, seating, enhanced pedestrian amenities (e.g., waste receptacles and drinking fountains), or any other requirement listed in the Building Code.

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• Hours of Operation. Except as otherwise provided, hours of operation for Outdoor Storage areas shall be consistent with those for the primary use.

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• Signs. No additional business identification or advertising signs for Outdoor Storage areas shall be allowed above the maximum allowable sign area for the corresponding primary use as established in Chapter 18.42 (Sign Standards).

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• Maintenance. Outdoor Storage areas shall be kept free of garbage and other debris.

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• Distance from Residential Uses. Except as otherwise expressly allowed in this Zoning Code, no use involving any Outdoor Storage of goods or merchandise shall be located less than 100 feet from the property line of a residentially zoned parcel without prior approval of a Minor Use Permit. However, a Minor Use Permit shall not be required for the following activities when located less the 100-foot separation requirement: storage of up to two on-site vehicles associated with the sale, lease, or rental of vehicles with no vehicle service, repair, cleaning, or fueling.

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• Operational Standards. The following operational standards shall apply to all permanent Outdoor Storage activities:

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• Location. Outdoor Storage may not be located within any required front or street side setback for the applicable zone within which the activity is located.

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Screening.

• a. Outdoor Storage shall be screened from public view by a solid wall or fence or by other screening as approved by the Director.

• b. No Outdoor Storage shall extend above the height of any screening wall or fence, except as expressly authorized through the Minor Use Permit.

• c. Screening of Outdoor Storage shall comply with Chapter 18.34 (Fences, Walls, and Hedges).

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• Off-Street Parking. Off-street parking associated with permanent Outdoor Storage shall comply with Chapter 18.38 (Off-Street Parking Regulations and Design Standards).

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• Purpose. The purpose of this Section is to establish site planning, developmental, and/or operational standards for the following “Restricted Personal Services”: tattoo and body piercing shops, pawnshops, and check cashing establishments.

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• Intent. It is the City’s intent, in establishing these standards, to mitigate the potential adverse impacts of these uses and activities on adjacent and surrounding land uses by requiring special siting and locational standards and imposing other special development standards.

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• Skid-Row Atmosphere. Restricted Personal Services have serious objectionable characteristics especially when several of them are located in close proximity to each other. The concentration tends to create a “skid-row” atmosphere and has a deleterious effect upon the adjacent area. Regulation of the locations of these uses is necessary to ensure that the adverse effects will not cause or contribute to the blight or the downgrading of neighborhoods and businesses situated in proximity to the Restricted Personal Services.

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• Prevent Deleterious Effects. The regulations specified in this Section are necessary and will tend to prevent the clustering of Restricted Personal Services. The specified regulations will serve to help prevent the deleterious effects of blight and the resultant downgrading of real property values. The regulations will also serve to promote the orderly planning, development and utilization of neighborhood and business premises.

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• Anti-Skid-Row Regulations. Excepting the provisions of Article 5 (Nonconformities) pertaining to nonconforming uses, no parcel of property in any zone or any structure thereon, or any portion thereof, within the City, shall be used for a Restricted Personal Service use at a location closer than 500 feet from another Restricted Personal Service use nor 500 feet from the below-indicated uses (whether the use is located within or outside the City):

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• Bingo halls, bowling alleys, electric game centers, internet cafes, ping-pong centers, pool and billiard halls, and private clubs and lodges;

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• Hotels and motels;

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• School property line (universities, community colleges, high schools, junior high schools, elementary and nursery schools);

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• State-licensed childcare day care centers and/or large family day care facilities; and

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• Any parcel zoned single-family residential or mixed-use.

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• Any adult-oriented business use, as defined in Article 8.

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• Permit Requirements. Restricted Personal Services are allowed as specified in Article 2 (Zones, Allowable Uses, and Development Standards).

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• Purpose and Intent. The purpose of this Section is to establish standards and procedures for the siting and operating various types and sizes of commercial Recycling Facilities, where allowed by Article 2. (Zones, Allowable Uses, and Development Standards). The intent of the standards is to ensure safe operations and compatibility with surrounding uses.

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• Permit Requirements. Recycling Facilities are allowed as specified in Article 2 (Zones, Allowable Uses, and Development Standards).

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• Reverse Vending Machines. The following standards shall apply to all reverse vending machines:

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• Reverse vending machines shall conform to the criteria in Table 4-2 (Standards for Reverse Vending Machines) as determined through the Zoning Clearance process.

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• Any reverse vending machine that is inoperable for a period of 30 days or more shall be removed from the parcel.

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Standards for Specific Land Uses

Table 4-2 Standards for Reverse Vending Machines

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Recycling Collection Facilities, Small. The following standards as specified in Table 4-3 (Standards for Small Recycling Collection Facilities), below, shall apply to all Small Recycling Collection Facilities:

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Table 4-3 Standards for Small Recycling Collection Facilities

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Recycling Collection Facilities, Processing, and Transfer Facilities. The following standards shall apply to all recycling collection, processing, and transfer facilities:

Table 4-4 Standards for Recycling Collection Facilities, Processing, and Transfer Facilities

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Table 4-4 Standards for Recycling Collection Facilities, Processing, and Transfer Facilities

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• Purpose and Intent. The purpose of this Section is to establish standards for the development and operation of Vehicle Repair and Maintenance Facilities (both Major Motor Vehicle Repair and Minor Motor Vehicle Repair). The intent of the standards is to regulate these uses for compatibility with surrounding existing uses.

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• Permit Requirements. Vehicle Repair and Maintenance Facilities are allowed as specified in Article 2 (Zones, Allowable Uses, and Development Standards).

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• Development Standards. In zones where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards), all Vehicle Repair and Maintenance Facilities shall be developed and operated in compliance with all of the following standards:

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• All Repairs and Storage Conducted Within a Structure. All vehicle repairs and storage of parts, accessories, etc., shall be conducted within a fully enclosed structure.

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• Landscaping Standards. All landscaping shall be installed and permanently maintained in compliance with the provisions of Chapter 18.36 (Landscaping Standards).

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Standards for Specific Land Uses

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• Openings of Service Bays. Openings of service bays for new repair facilities shall not face public rights-of-way and shall be designed to minimize the visual intrusion onto adjoining properties.

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• Outdoor Lighting. All on-site outdoor lighting shall be stationary and directed downward and away from adjoining properties and public rights-of-way in compliance with Section 18.40.080 (Outdoor Lighting).

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Outside Storage.

• a. Outside storage of vehicles being repaired shall be allowed for a maximum of 30 days for each vehicle, within a 90-day period. Areas used for storage of vehicles awaiting repair shall be completely screened from public view in compliance with Chapter 18.34 (Fences, Walls, Hedges, and Screens).

• b. Outside storage of junked or wrecked vehicles is prohibited.

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Signs. All on-site signs shall comply with provisions of Chapter 18.42 (Sign Standards).

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• Purpose and Intent. The purpose of this Section is to establish standards for the development and operation of Vehicle Sales Facilities. The intent of the standards is to regulate these uses for compatibility with surrounding existing uses.

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• Permit Requirements. Vehicle Sales Facilities are allowed as specified in Article 2 (Zones, Allowable Uses, and Development Standards).

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• Circulation Plan. A Circulation Plan is required showing the ingress and egress on the site, vehicle off/on loading, and the circulation proposed for the test driving of vehicles, both to and from the site. The plan shall be submitted for review and action by the Director.

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Development Standards. In zones where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards), all new and/or used vehicle sales dealerships shall be developed and operated in compliance with all the following standards:

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• All Parts Storage Conducted Within a Structure. All parts, accessories, etc., shall be stored within a fully enclosed structure.

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• All Repairs and Service Conducted Within a Structure. All vehicle repair and service work shall only occur on-site within a fully enclosed structure. Service bays with individual access from the exterior of the structure shall not directly face or front on a public right-of-way.

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• Hours of Operation. The Director may limit the hours of operation if the proposed use is adjacent to a sensitive land use (e.g., residential, schools).

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• Landscaping Standards. All landscaping shall be installed and permanently maintained in compliance with the provisions of Chapter 18.36 (Landscaping Standards).

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• Loading and Unloading of Vehicles. All loading and unloading of vehicles shall occur onsite and not in adjoining streets or alleys.

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• No Parking in Public Right-of-Way. Vehicles in inventory or awaiting repair/service shall not be parked on public streets or within the public right-of-way.

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• On-Site Parking. All on-site parking shall comply with the provisions of Chapter 18.38 (OffStreet Parking Regulations and Design Standards). A parking plan shall be developed as part of the required permit review process.

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• Outdoor Lighting. All on-site outdoor lighting shall be stationary, shielded, and directed downward and away from adjoining properties and public rights-of-way in compliance with Section 18.40.080 (Outdoor Lighting).

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• Outside Storage of Vehicles to Be Repaired. Outside storage of vehicles to be repaired or that were recently repaired shall be completely screened from public view in compliance with Chapter 18.34 (Fences, Walls, Hedges, and Screens).

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• Parking and Storage of Business Vehicles. All vehicles associated with the business shall be parked or stored on-site and not in adjoining streets or within the public right-of-way.

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• Signs. All on-site signs shall comply with the provisions of Chapter 18.42 (Sign Standards).

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• Vehicle Waiting Areas. New vehicle dealerships shall provide adequate, on-site vehicle waiting areas for service customers, as determined by the Director. Required parking spaces may not be counted as vehicle waiting areas.

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• Joint and Several Liability. Both the operator of a Vehicle Sales Facility and the owner of the property where a Vehicle Sales Facility is located shall be jointly and severally liable for violations of this Section.

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• Purpose and Intent. The purpose of this Section is to establish standards for the development and operation of Vehicle Service Stations. The intent of the standards is to regulate these uses for compatibility with surrounding existing uses.

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• Permit Requirements. Vehicle Service Stations are allowed as specified in Article 2 (Zones, Allowable Uses, and Development Standards).

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• Development Standards. In zones where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards), all Vehicle Service Stations shall be developed and operated in compliance with all of the following standards:

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• All Repairs and Storage Conducted Within a Structure. All service and repair work shall be conducted entirely within an enclosed structure, except for dispensing of petroleum products, water, vacuums, and air from pump islands.

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• Level of Street Required. New Vehicle Service Stations shall be located only along designated arterials or collector streets.

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• Placement of Service Station Pumps.

• a. Pump islands shall be set back a minimum of 20 feet from a street property line, however, a canopy or roof structure over a pump island may encroach up to 10 feet within this distance.

• b. The cashier location shall provide direct visual access to the pump islands and all of the vehicles parked adjacent to the islands.

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• Parcel Ingress and Egress. The maximum number of points of vehicle ingress/egress shall be determined by the Director of Public Works.

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• Prohibited Vehicle Sales. No vehicle may be parked on the premises for the purpose of offering same for sale.

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• Openings of Service Bays. Openings of service bays for new Vehicle Service Stations shall not face public rights-of-way and shall be designed to minimize the visual intrusion onto adjoining properties.

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• Outdoor Storage Prohibited. No used or discarded vehicle parts or equipment, or disabled, junked, or wrecked vehicles may be in any open area outside of the primary structure.

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• Solid Waste Enclosures. Every Vehicle Service Station shall have a solid waste and recycling enclosure and oil collection tanks on the premises. The enclosure shall be provided in compliance with Section 18.30.060 (Solid Waste and Recycling Enclosures and Storage Areas).

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• Minor Motor Vehicle Repair. Vehicle repair in conjunction with a Vehicle Service Station shall be limited to incidental minor motor vehicle repair, including air conditioning service; carburetor and fuel injection service; electrical service; radiator service; tune-up, lube, and oil change; smog check; and tire, battery, and accessory installation. Vehicle body repair or painting, steam cleaning, and engine overhaul are prohibited.

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• All Repairs sand Service Conducted Within a Structure. All vehicle repair and vehicle hoists or pits shall be entirely enclosed within a structure.

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• No Vehicle Sales, Leasing, or Storage. No vehicle sales, rental, leasing, or storage shall be allowed in conjunction with a Vehicle Service Station.

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• El Camino Real Limitation. A Conditional Use/Minor Use Permit may be approved for a Vehicle Service Station on El Camino Real, only if the applicable Review Authority finds that the total number of Vehicle Service Stations along the corridor, inclusive of that Vehicle Service Station authorized by the permit, does not exceed six.

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• Vehicle Service Station Conversion. At a minimum, the conversion of a former Vehicle Service Station to another allowed use shall require a Zoning Clearance to ensure compliance with all of the following:

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• Fuel pumps and tanks have been removed in compliance with all applicable requirements.

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• Landscaping complies with the requirements of Chapter 18.36 (Landscaping Standards).

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Definitions.

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• “Massage establishment” shall have the same definition set forth in SCCC 5.40.020. The exemptions under SCCC 5.40.060 apply to this chapter.

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• “Massage establishment zoning verification” shall mean a written form completed by the Planning Division of the Department of Community Development verifying that the proposed massage establishment complies with Subsection B, below.

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Location restrictions on massage establishments. No lot or parcel of property or any building or structure thereon, or any portion thereof, within the city, shall be used to operate as a massage establishment unless said lot, parcel, building or structure is located in one of the following:

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In a hotel with at least one hundred (100) guest rooms.

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• In a commercial zoning district or planned development (PD) zoning district that allows for commercial use, and the location must also meet one of the following criteria, which must be confirmed by obtaining a massage establishment zoning verification from the Planning Division of the Department of Community Development:

• a. The massage establishment is located in a minimum ten acres size contiguously functioning mixed use or commercial site with shared parking and circulation and a minimum of twenty thousand (20,000) square feet of retail space; or

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• b. The massage establishment is located in a wellness center of an employment center with five hundred (500) employees or more. (Ord. 2006 § 8, 10-8-19).

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Violations.

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• Any person operating or causing the operation of a massage establishment on any parcel in which no application for a massage establishment permit under Chapter 5.40 SCCC has been granted, or any person violating or causing the violation of any of the terms and conditions of the existing use permit (if applicable), shall be subject to the revocation/suspension of the massage establishment permit issued pursuant to Chapter 5.40 SCCC and may be subject to penalties pursuant to SCCC 1.05.070. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.

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• In addition to the remedies set forth in subsection (a) of this section, any violation of this chapter is hereby declared to constitute a public nuisance and may be abated or enjoined pursuant to Chapter 18.152 and any other applicable State or local laws relating to nuisance abatement.

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• If a massage establishment permit is revoked, or not renewed as a result of violations of Chapter 5.40 SCCC or of this chapter, no massage establishment shall operate at that location for a period of five years from the date of revocation or nonrenewal. (Ord. 2006 § 8, 10-8-19).

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• Regulations. The provisions of this chapter regulating massage establishments are not intended to be exclusive, and compliance therewith shall not excuse noncompliance with any other provisions of the City Code and/or any other applicable regulations. (Ord. 2006 § 8, 10-8-19).

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• Application to existing businesses. Any massage establishment in possession of a valid massage establishment permit issued by the Santa Clara Police Department on the effective date of this chapter, which becomes a nonconforming use by reason of the adoption of this chapter, shall be considered as a legal nonconforming use pursuant to Chapter 18.94 at its existing location as long as the massage establishment complies with all of the following:

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• Meeting all requirements of Chapter 5.40 SCCC, and in possession of a current massage establishment permit issued by the Chief of Police;

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• Compliance with all applicable building code regulations; and

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• Free of repeated violations and/or criminal citations, as confirmed by the Santa Clara Police Department. (Ord. 2006 § 8, 10-8-19).

• A. Purpose and Intent. The purpose of this Section is to regulate permanent Certified Farmers’ Markets. The intent of these regulations is to encourage Certified Farmers’ Markets that are compatible with associated and surrounding uses and do not obstruct pedestrian or vehicular circulation or create an unsightly appearance.

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• Terms. Terms that are defined or described by the provisions of Chapter 10.5 (commencing with Section 47000) of Division 17 of the California Food and Agricultural Code, and related regulations, as the same may be amended from time to time, are intended to have their same meaning under the provisions of this Section, unless a different meaning is expressly specified for that term in this Zoning Code.

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• Small Certified Farmers' Markets - Development or Event Permit Exemption. Notwithstanding the provisions of Chapter 18.122 (Temporary Use Permits) no Development or Event Permit shall be required for a certified farmers' market that meets all of the following criteria:

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• The certified farmers' market comprises 25 or fewer certified producers or producers of agricultural products allowed to be sold or offered for sale at a certified farmers' market in compliance with State and local laws and regulations, as the same may be amended from time to time; and

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• The certified farmers' market does not occupy an area greater than 24,000 square feet.

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• In addition to the maximum of 25 certified producers or producers of agricultural products allowed to be sold or offered for sale at a certified farmers' market as specified above, a small certified farmers' market may also include up to one vendor of nonagricultural products located near a small certified farmers' market, in the manner allowed by laws and regulations of the State and County as the same may be amended from time to time, for every five certified producers or producers of agricultural products at the small certified farmers' market.

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• General Certified Farmers' Markets - Permit Required. Notwithstanding the provisions of Chapter 18.122 (Temporary Use Permits), any certified farmers' market comprising 26 or more certified producers or producers of agricultural products allowed to be sold or offered for sale at a certified farmers' market, or a certified farmers' market that does not meet the requirements described in Subsection C., above, shall first obtain a Minor Use Permit in compliance with Chapter 18.114 (Conditional and Minor Use Permits) before the commencement of any operation of the certified farmers' market.

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• Residential Zoning Districts - Locational Limitations. Certified farmers' markets, including small certified farmers' markets, located in residential zones are allowed to operate only at school sites, library sites, community center sites, or church/religious assembly sites.

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Operational Requirements - General.

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• It shall be unlawful for any person or any certified farmers' market, including small certified farmers' markets, to operate in a manner that does not fully comply with the provisions of this Zoning Code, including without limitation the operational requirements specified in this Section.

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• Each and every certified farmers' market, including small certified farmers' markets, and each and every certified producer, producer or other vendor at a certified farmers' market or small certified farmers' market shall fully and timely comply with all of the following operational requirements:

• c. All operations shall fully comply with all Federal, State and local laws, regulations, and guidelines including without limitation those applicable to the certified farmers' market operations, including without limitation the California Health and Safety Code, the California Food and Agricultural Code, and all regulations and guidelines promulgated by the State and the County thereunder, as the same may be amended from time to time;

• d. All activities, and the duration of those activities, shall first have been approved and authorized by the owner of the real property on which those activities are planned to occur;

• e. Any and all permits or approvals from the Building Division or Fire Department for any tents or other temporary structures shall have first been obtained before the commencement of use of the tents or temporary structures; and

• f. All certified farmers' markets, including small certified farmers' markets, and each certified producer, producer and/or other vendor shall completely remove all equipment, merchandise, and other materials, including without limitation waste materials, from the site upon of the conclusion of their respective activities, excepting interior storage of equipment, merchandise, or materials as may be allowed on the site with the permission of the owner or operator of the site.

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• Small Certified Farmers' Markets - Operational Requirements. In addition to the operational requirements specified in Subsection F, above, a small certified farmers' market, and each certified producer, producer of agricultural products, or other vendor at a small certified farmers' market, shall at all times conform to and comply with the following additional operational requirements and shall so conform and comply in order to qualify as a small certified farmers' market:

e operational requirements specified in Subsection F, above, a small certified farmers' market, and each certified producer, producer of agricultural products, or other vendor at a small certified farmers' market, shall at all times conform to and comply with the following additional operational requirements and shall so conform and comply in order to qualify as a small certified farmers' market:

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• Shall not operate more than two days per calendar week at the same location;

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• Shall neither operate, including any setup or breakdown activities, more than six hours per day nor between the hours of 9:00 p.m. and 7:00 a.m.;

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• Shall operate only on paved surfaces and not on landscaped areas nor adversely impact any landscaping or landscaped areas;

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• Shall not offer for sale or otherwise distribute any alcoholic beverage;

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• Shall not use amplified sound for any purpose;

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• Shall operate as a physically cohesive collection of vendors on a site, excepting only those limited physical separations as may be required by State or local law for vendors of nonagricultural products located near a certified farmers' market;

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• Shall not obstruct the safe flow of vehicular or pedestrian traffic on or around the site; and

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• Shall have secured with the property owner of the site on which the certified farmers' market plans to operate, and before the commencement of any operation of the certified farmers' market, provision for all of the following services in a manner that comports with State and local laws and regulations, as the same may be amended from time to time:

• a. Refuse disposal and sufficient trash and recycling receptacles within the area of the certified farmers' market;

• b. Litter removal within and within 300 feet of the boundaries of the certified farmers' market; and

• c. Access to adequate sanitary facilities, including restrooms and/or portable sinks and toilets.

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Locational Limitations.

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• It shall be unlawful for any person to allow, in a direct, indirect, or passive manner, a small certified farmers' market to operate at a particular site for more than two days per calendar week.

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• It shall be unlawful for any person to operate, or to allow in a direct, indirect, or passive manner the operation of, a small certified farmers' market on a vacant parcel. Every small certified farmers' market shall operate only on a site with an existing fixed-base host in operation on the site.

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• Purpose. The purpose of this Section is to allow limited short-term rental of residential property, which are rentals of 30 days or less in length while preserving housing stock and the residential character of neighborhoods, through the use of registration, regulations, and standards, in order to reduce potential impacts on adjacent properties and to ensure the collection of Transient Occupancy Taxes under SCCC Chapter 3.25.

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• Violation of Section. No person shall host or rent any residence in violation of the provisions of this Section.

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• Operating Standards for Short-Term Rentals. The following operating standards shall apply to all short-term rentals:

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• Legal Dwelling. Short-term rentals are allowed only within legal conforming and legal nonconforming residential dwelling units.

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• Annual Limit.

• a. Where the host is present within the unit, the dwelling unit may be occupied as a shortterm rental for an unlimited number of days per calendar year.

• b. Where a host is not present (unhosted), the dwelling unit may be occupied as a shortterm rental no more than 90 days per calendar year in the aggregate.

• c. For purposes of this section, Accessory Dwelling Units are considered hosted if the primary unit is owner-occupied.

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• Local Contact Person. For short-term rentals, hosts shall provide the City, all short-term renters and all occupants of adjacent properties, the name and contact information of a local individual who shall be available 24 hours per day, seven days per week, during the term of the stay. The host or designated local contact person shall:

• a. Respond on-site within 60 minutes to complaints regarding a condition or operation of the short-term rental or the conduct of the short-term renters; and

• b. Take remedial action to resolve any and all complaints.

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• Parking. Parking shall comply with residential parking standards specified in Chapter 18.38 (Off-Street Parking Regulations and Design Standards), but no designated parking is required beyond other City Code requirements.

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• Trash and Recycling. The appropriate level of trash and recycling services shall be maintained so there is no overflow of trash and recycling on the property.

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• Special Events. Weddings, corporate events, commercial functions, large parties, and other similar events which have the potential to cause traffic, parking, noise, or other impacts to the neighborhood are prohibited on the property during short-term rentals.

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Occupancy Limits for Short-Term Rentals.

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Individual Rooms or Studio Units: Two people

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• One-bedroom Units: Three people

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• All Other Dwelling Units: Two people per bedroom for each bedroom in excess of one bedroom, but not to exceed eight short-term rental occupants, total.

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Registration Application Requirements. Notwithstanding SCCC Section 3.25.080, the following registration requirements shall apply for short-term rentals:

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• Initial Application. Before advertising or use of a short-term rental, the host shall obtain an Administrative Permit for Short-term Rentals from the City and obtain a valid City Business License.

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• Requirements for Application. The registration shall be submitted on a City-approved form. The applicant shall provide the property owner’s signature for the unit to be rented; the name and contact information of the host; the address of the dwelling unit to be used as a shortterm rental; a valid City Business License; the anticipated frequency of the short-term rental; contact information for the local contact person; an acknowledgement of compliance with the requirements of the City Code; and other information as requested. Failure to submit all information required on the application will result in denial of the registration.

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• Fee. The host shall pay a registration fee in an amount established by resolution of the Council, and as updated from time to time. Failure to submit the full amount of the required fee will result in the application not being processed.

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• Citation, Compliance Order, Denial, Revocation. For a property that is the subject of an active compliance order or civil, criminal, or administrative citation from the City, or denial or revocation of a short-term rental application in the preceding 12 months, registration of the short-term rental on the property will be denied.

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• Term of Registration. Registration of a short-term rental shall be on a calendar-year basis. Fees shall be prorated for any approved registration on a quarterly basis. Approved registrations shall be personal to the host, are not assignable or transferable, and shall automatically expire upon sale or transfer of the property on which the short-term rental is located.

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Annual Renewal.

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• A short-term rental registration shall be renewed annually upon payment of registration renewal fees, remittance of all required Transient Occupancy Tax associated with the shortterm rental, proof of a current City Business License, and all registration application requirements specified above.

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• The host shall also submit such information as may be required to enable the Tax Collector to verify the amount of tax paid.

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• Failure to submit for renewal before December 15 of each calendar year will result in expiration of the registration.

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• Requirements Not Exclusive. The approval of a short-term rental registration shall not relieve any host of the obligation to comply with all other provisions of the City Code applicable to the use and occupancy of the property.

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• Administrative Regulations and Standards. The City Manager or designee is hereby authorized to promulgate administrative rules, regulations, and interpretations to implement this Section. The rules and regulations may include, but are not limited to, revisions to the application process, requirements of operations, etc.

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Transient Occupancy Tax (TOT).

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• Except as otherwise provided in this Subsection, Transient Occupancy Taxes shall be collected for short-term rentals and paid to the City in compliance with SCCC Section 3.25.090.

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• Collection is the responsibility of the host.

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• Notwithstanding SCCC Section 3.25.090, if a hosting platform is used, and the City has a voluntary collection agreement, or equivalent, with that hosting platform, TOT may be collected and remitted directly to the City by the hosting platform.

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Enforcement.

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• Revocation of Registration. A short-term rental registration approved in compliance with this Section may be revoked for any of the following reasons: fraud, misrepresentation, or false statement contained in the application for, or in the operation of, the short-term rental.

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• Other Remedies. In addition to remedies provided in the City Code, a short-term rental registration may be revoked for any violation of any provision of this Section, the City Code or any State or Federal law.

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Applicability to Existing Short-term Rentals.

Short-term rentals already operating prior to the effective date of this Section shall fully comply with this Section, including the registration requirements, no later than six months following the effective date of this ordinance.

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Short-term Rentals (Lease-up) of Units in Newly Constructed Multi-family buildings.

Notwithstanding Section 18.60.250.C.2.b, Short-term rentals are permitted in up to thirty-five percent (35%) of the units within a multi-family building for up to two years from the issuance of the first Temporary Certificate of Occupancy, subject to a Minor Use Permit. Short-term rentals permitted under this sub-section are considered hosted units, if a property manager is available within the multi-family building.

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Short-term Rentals not Meeting the Requirements of this Section.

Short-term rentals not meeting the requirements of this section may be permitted through a Minor Use Permit, approved by the Director.

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California Emissions Requirements.

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• All power plants, except fuel cells, but including diesel back-up generators shall not exceed state of California emissions requirements. Emissions requirements can be met in whole or in part by purchasing renewable energy credits, or offsets that meet CARB requirements.

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• For purposes of this section, “fuel cells” means all equipment, fixtures, and personal property operated or maintained in connection with a direct energy conversion device that converts chemical energy into electrical energy, or vice versa, using an electrochemical reaction.

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• For purposes of this section, “state of California emissions requirements” shall mean the requirements applicable to retail sales of electricity to California end-use customers under Public Utilities Code Section 454.53, subdivision (a), and the interim targets established by the California Energy Commission (CEC) under Public Utilities Code Section 399.15, subdivision (b), pursuant to the Renewable Portfolios Standard (RPS) Program, as set forth below. Should these targets be amended by legislation or regulatory changes to be more stringent, the more stringent requirements shall be applicable under this section.

  • a. 44 percent by December 31, 2024

  • b. 52 percent by December 31, 2027

  • c. 60 percent by December 31, 2030

  • d. 90 percent by December 31, 2035

  • e. 95 percent by December 31, 2040

  • f. 100 percent by December 31, 2045

• A. All projects located within the Airport Influence Area shall be subject to the following requirements:

  1. When measuring development height for consistency with the San Jose International Airport (SJC) Comprehensive Land Use Plan (CLUP) Part 77 Surfaces, height is to be measured from mean sea level (MSL) to the top of the highest point of any proposed structure. The height of any proposed structure is subject to height policies outlined in Sections 4.3.3.1 and 4.3.4.1 of the SJC CLUP and may not exceed the Part 77 Surface immediately above that

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proposed structure. In the case of structures or objects within the SJC AIA, if that structure or object penetrates the FAR Part 77 surface, the proponent may submit the project data to the FAA for evaluation and air navigation hazard determination, in which case the FAA's determination shall prevail.

2. To ensure compliance with safety zone policies in the SJC Comprehensive Land Use Plan (CLUP), all proposed housing development within the various safety zones must conform to the applicable density allowances and open space/open area requirements as outlined in Section 4.3.5.1 and Table 4-2 of the SJC CLUP.

3. To ensure compliance with noise related policies and guidelines, all proposed housing development / new housing accommodations must conform to the CNEL Noise Compatibility Guidelines and Section 4.3.2.1 and Table 4-1 of the SJC CLUP.

4. Where legally allowed, dedication of an avigation easement to the City of San Jose shall be required to be offered as a condition of approval on all projects located within an Airport Influence Area, other than reconstruction projects as defined in paragraph 4.3.7 of the SJC CLUP. All such easements shall be similar to that shown as Exhibit 1 in Appendix A of SJC CLUP.

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• Purpose and Intent. The intent of these regulations is to encourage mobile food vending that is compatible with associated and surrounding uses and do not obstruct pedestrian or vehicular circulation or create an unsightly appearance.

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• General Developmental Standards. The following developmental standards shall apply to all Mobile Food Vendors:

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• Location. Mobile Food Vendors shall occupy a fixed, specifically approved location that does not disrupt the normal function of the site or its circulation and does not encroach upon driveways, emergency vehicle/fire access lanes, landscaped areas, pedestrian walkways or pathways, bicycle lanes, seating, enhanced pedestrian amenities (e.g., waste receptacles and drinking fountains), or any other requirement listed in the Building Code. Outdoor dining and seating shall not be located within the public right-of-way, in designated vehicle drive aisles, or within required landscape planter areas.

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• Hours of Operation. For Mobile Food Vendors that are located within 100 feet of a residential use, hours of operation are limited to 7 am to 10 pm daily.

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• Signs. No additional business identification or advertising signs for Mobile Food Vendors shall be allowed above the maximum allowable sign area for the corresponding primary use as established in Chapter 18.42 (Sign Standards).

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• Maintenance. Mobile Food Vendor areas shall be kept free of garbage and other debris and shall not encroach into required sidewalk clearance areas.

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• Distance from Residential Uses. Except as otherwise expressly allowed in this Zoning Code, no Mobile Food Vendor shall be located less than 100 feet from the property line of a residentially zoned parcel without prior approval of a Minor Use Permit.

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• Operational Standards. The following operational standards shall apply to all Mobile Food Vendors:

  • a. Permittee to Ensure Maintenance. The permittee shall be responsible for, and exercise reasonable care in, the inspection, maintenance, and cleanliness of the area containing the Mobile Food Vendor, including any design requirements hereafter enacted, from the structure frontage to the curb.

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• b. Permittee to Ensure Compliance. The permittee shall restrict the Mobile Food Vendor to the approved location and ensure compliance with all applicable laws, including laws against blocking the public right-of-way, health and safety laws, public cleanliness laws, and laws regulating the sale and public consumption of alcohol.

• c. Alcoholic Beverage Sales. Areas in which alcoholic beverages are served shall comply with the standards established by the State Department of Alcoholic Beverage Control.

• d. Clean-up Facilities. The property owner shall provide adequate clean-up facilities for Mobile Food Vendors, and associated procedures, in the following manner.

  • (1) Cleaning Schedule. Outdoor dining areas shall be cleaned on a continual basis for removal of litter and food items which constitute a nuisance to public health and safety; and,

  • (2) Waste Receptacles. Outdoor dining areas shall contain waste receptacles, which shall not be allowed to overflow, for use by the public and/or restaurant employees.

• e. Required Parking. No additional parking shall be required for the Mobile Food Vending area associated with the primary use. Up to four parking spaces can be occupied by the Mobile Food Vending Facility.

• f. Amplified Sound. No amplified sound associated with the Mobile Food Vendor Use is allowed.

• g. Temporary Canopies. Any temporary canopies associated with seating areas are required to be removed on a nightly basis.

C. Permit Requirements.

1. All Mobile Food Vendor subject to the requirements of this Section shall be allowed as specified in Article 2 (Zones, Allowable Uses, and Development Standards).

2. Mobile Food Vendors are allowed as follows:

   • a. When operating for less than two hours, no permit is required, except as otherwise provided below;

   • b. When operating for more than two hours but less than four hours on a site: A Zoning Clearance is required, but no Minor Use Permit, except as otherwise provided below; and

   • c. When operating for more than four hours on a site, or when operating within 100 feet of a residentially zoned parcel, measured from the Mobile Food Vending Facility to the property line, for any length of time: A Minor Use Permit is required.

3. When a Zoning Clearance is required, the Mobile Food Vendor is subject to the following standards:

   • a. The Property Owner’s written authorization is required.

   • b. The applicant shall provide a site plan that details the Mobile Food Vending location, seating location and location of required trash receptacles. All plans are subject to approval by the Fire and Building Departments.

   • c. The applicant is required to provide County Public Health clearance.

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• d. The applicant is required to provide trash cans for on-site litter control.

• e. Seating is limited to a maximum area of 500 square feet and a maximum of 24 seats.

• f. Any improvements do not interfere with a continuous pedestrian path of travel in compliance with State and Federal accessibility regulations that will not obstruct fire, pedestrian, and wheelchair access.

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• When a Minor Use Permit is required, in order to approve the proposed Mobile Food Vendor, the Director shall make the Zoning Clearance standards above, the standard findings required for the Minor Use Permit, as well as all the following additional findings:

• a. Allows a continuous pedestrian path of travel in compliance with State and Federal accessibility regulations that will not obstruct fire, pedestrian, and wheelchair access.

• b. Does not unduly interfere with pedestrian traffic on the sidewalk.

• c. Does not unduly interfere with access of public employees and utility workers to meters, fire hydrants, or other objects (street hardware) in the right-of-way.

• d. Allows an unobstructed view of traffic devices.

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