Article 4 — Use Classifications

Use classifications describe one (1) or more uses having similar characteristics, but do not list every use or activity that may appropriately be within the classification. The Community Development Director shall determine whether a specific use shall be deemed to be of the same general nature as one (1) of the use classifications or within one (1) or more use classifications or not within any classifications within this title. The Community Development Director may determine that a specific use shall not be deemed to be within a use classification, whether or not named within the classification, if its characteristics are substantially incompatible with those typical of uses named within the classification. The Community Development Director's decision may be appealed to the Planning Commission in accordance with Part IV, Article 5 of this chapter. (§§2, 30, Ord. 2134, eff. 11/20/14; §1, Ord. 2146, eff. 4/1/2016; §4, Ord. 2239, eff. 7/5/24)

Any new use, or any use that cannot be clearly determined to be in an existing use classification, may be incorporated in the zoning regulations by a Zoning Ordinance text amendment, as provided in Part IV, Article 13 of this chapter, Amendments (Rezoning). (§1, Ord. 2146, eff. 4/1/2016)

A. Residential Use Classifications.

1. Adult Day Care Home. A home which provides supervision and nonmedical care to six (6) or fewer adults, including elderly persons, in the provider's own home, on a less than twenty-four (24) hour basis.

2. Congregate Living Facility. Individual apartments with cooking facilities, central dining and social activity areas. At least one (1) meal a day is provided as well as planned recreational and social activities, transportation services and linen-maid services. This classification does not include services and facilities licensed by the State of California.

3. Family Day Care Home. A home which regularly provides care, protection, and supervision of fourteen (14) or fewer children, under the age of eighteen (18), in the provider's own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away.

a. Small Family Day Care Home. A home that provides day care for eight (8) or fewer children, including children under ten (10) years of age who reside at the home, pursuant to California Health and Safety Code Section 1596.78.

b. Large Family Day Care Home. A home that provides day care for seven (7) to fourteen (14) children, inclusive, including children under ten (10) years of age who reside at the home, pursuant to California Health and Safety Code Section 1596.78.

4. Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boardinghouses, dormitories, fraternities, sororities, convents, rectories, and private residential clubs but does not include living quarters shared exclusively by a family as defined in Part I, Article 3 of this chapter, Definitions.

5. Multiple-Family Residential. A structure containing more than one (1) dwelling unit sharing common walls or being otherwise attached, including duplexes, triplexes, fourplexes, apartments and single room occupancy facilities (SRO).

6. Residential Care Home. A residential home or facility with a capacity of no more than six (6) persons which provides twenty-four (24) hour non-medical care to persons in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living, or for the protection of the individual. This classification includes group homes, residential care facilities for the elderly, adult residential facilities, and other residential facilities licensed, certified or authorized by the State Department of Social Services.

This classification also includes facilities with a capacity of no more than six (6) persons which are licensed, certified or authorized by the State Department of Health such as drug and alcohol treatment facilities, intermediate care facilities for the developmentally disabled, congregate living health facilities, family care homes, foster homes and group homes for mentally disordered or handicapped persons.

7. Accessory Dwelling Units.

a. Accessory Dwelling Unit. A separate housing unit with kitchen, sleeping, and full bathroom facilities which is a part of, an extension to, or on the same lot as an attached single-family dwelling, a detached single-family dwelling, or a multiple-family dwelling, consistent with Part III, Article 5, Accessory Dwelling Units. An accessory dwelling unit also includes an efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code, and a manufactured home, as defined by Section 18007 of the California Health and Safety Code.

b. Junior Accessory Dwelling Unit. A housing unit that is contained within an attached or detached single-family dwelling, and that includes an efficiency kitchen and sleeping facilities, consistent with Part III, Article 5, Accessory Dwelling Units. A junior accessory dwelling unit may include separate bathroom facilities, or may share bathroom facilities with the single-family dwelling.

8. Single-Family Residential. A structure containing one (1) dwelling unit located on a single lot. This classification includes mobile homes and manufactured housing.

9. Supportive Housing. Housing that is operated within another residential use classification and with no limit on the length of stay, that is occupied by a target population as defined by Section 50675.14 of the California Health and Safety Code and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

10. Transitional Housing. Buildings configured as rental housing developments within another residential use classification, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance.

B. Commercial Use Classifications.

1. Ambulance Services. Emergency medical care and transportation, including incidental storage and maintenance of vehicles.

2. Animal Sales and Services.

a. Animal Hospitals/Veterinary Services. Establishments where small animals receive medical treatment, surgical treatment, shelter and care on a commercial basis. This classification includes only facilities that are entirely enclosed, soundproofed, and air-conditioned. Grooming and boarding of animals is included if accessory to the hospital use.

b. Animal: Retail Sales and Grooming. Retail sales of domestic and exotic animals within an entirely enclosed building. This classification includes bathing and trimming services and boarding of domestic and exotic animals (for a maximum period of forty-eight (48) hours).

c. Horse Stables. Establishments offering horse boarding and which may include instruction in horseback riding. This classification includes rings and exercise areas.

d. Kennels. Buildings or other enclosures used to confine, feed, exercise, show or provide shelter, for four (4) or more cats or dogs, ten (10) weeks of age or older, on a commercial basis. Animal hospitals are specifically excluded from this classification. (See Commercial Use Classifications—Animal Sales and Services.)

3. Artist Studios. Work space for artists and artisans, including an individual practicing one (1) of the fine arts, or skilled in an applied art or craft.

4. Banks and Savings and Loans.

a. Banks and Savings and Loans. Financial institutions that provide banking services to individuals and businesses. This classification includes only those institutions engaged primarily in the on-site circulation of cash money.

(1) With Drive-up Services. Institutions providing services accessible to persons who remain in their automobiles.

(2) With Automated Teller Machines. Institutions providing automated teller services through a machine.

5. Barber Shops. (See Commercial Use Classifications—Personal Services.)

6. Beauty Shops. (See Commercial Use Classifications—Personal Services.)

7. Bed and Breakfast Inns. (See Commercial Use Classifications—Visitor Accommodations.)

8. Car Washes. (See Commercial Use Classifications—Vehicle/Equipment Sales and Services.)

9. Catering Services. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pick-up or consumption, unless permitted by the subject zoning district.

10. Commercial Cannabis Business. An entity engaged in the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products for commercial purposes.

a. Commercial Cannabis Cultivation. Any commercial activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

b. Commercial Cannabis Distribution. The procurement, sale, and transport of medical and nonmedical adult recreational use cannabis and medical and nonmedical adult recreational use cannabis products between commercial cannabis businesses.

c. Commercial Cannabis Manufacturing. The production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.

d. Commercial Cannabis Retail Dispensary. A facility where commercial cannabis or commercial cannabis products are offered, either individually or in any combination, for retail sale.

(1) With Cannabis Delivery. The commercial transfer of cannabis or cannabis products to a customer pursuant to MAUCRSA or to a primary caregiver or qualified patient as defined in Section 11362.7 of the Health and Safety Code as an accessory use.

e. Nonstorefront Cannabis Delivery-Only Operation. A commercial operation that is closed to the public but delivers medical and/or adult-use cannabis and/or medical and/or adult-use cannabis products as part of retail sale transactions to customers at fixed locations in accordance with state law. No on-site sales, nor public access to commercial facilities or delivery vehicles, is permitted.

f. Commercial Cannabis Testing Laboratory. A laboratory, facility, or entity in the State that offers or performs tests of medical cannabis or medical cannabis products and that is both of the following:

(1) Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the State.

(2) Licensed by the Bureau of Cannabis Control.

11. Communications Facilities. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding Utilities, Major. (See Community Use Classifications —Utilities.) This classification includes radio, television, or recording studios; telephone switching centers; and telegraph offices.

12. Custom Manufacturing. Establishments primarily engaged in on-site production of goods by hand manufacturing involving the use of hand tools, power tools, and small-scale equipment. This classification may include the direct sale to consumers of those products produced on site as accessory to the primary use. Examples include custom bookbinding, ceramic studios, custom apparel and costumes, leather works, woodworking, metalsmithing, and custom jewelry manufacture.

13. Dry Cleaning Establishments. (See Commercial Use Classifications—Personal Services.)

14. Eating and/or Drinking Establishments.

a. Eating and/or Drinking Establishments. Businesses that primarily serve prepared food or beverages for consumption on or off the premises.

(1) With Wine and Beer Service Ending at or before 11:00 p.m.

(2) With Wine and Beer Service Ending after 11:00 p.m.

(3) With Full Alcoholic Beverage Service Ending at or before 11:00 p.m.

(4) With Full Alcoholic Beverage Service ending after 11:00 p.m.

(5) With Live Entertainment.

(6) With Dancing.

(7) With Take-out Services. Eating and drinking establishments which provide prepared food and/or drinks from disposable containers and either: (a) have floor area devoted to takeout and pick-up space or (b) at which twenty percent (20%) or more of the sales are for off-site consumption.

(a) Drive-up. Service from a building to persons in vehicles through an outdoor service window.

(8) With Permanent Outdoor Seating. Permanent seating in an open or covered area on the site of a legally established eating and drinking establishment.

(9) With Off-Site Distribution. Establishments which have wholesale off-site distribution of prepared food and/or beverages as an accessory use.

(a) Micro-Breweries. Small beer manufacturers producing less than sixty thousand (60,000) barrels per year within an enclosed building.

15. Food and Beverage Sales.

a. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include groceries and liquor stores.

b. Convenience Markets. Retail sales of food, beverage and small convenience items in a small scale establishment usually less than two thousand (2,000) square feet in size, with long or late hours of operation. This classification excludes delicatessens and other specialty food shops and establishments having a sizeable assortment of fresh fruits and vegetables, and fresh cut meat.

(1) With Gasoline Sales. Convenience markets in conjunction with gasoline sales. (See also Commercial Use Classifications—Vehicle/Equipment Sales and Services.)

c. Specialty Food Shops. Delicatessens, bakeries, produce stores with a sizeable assortment of fresh fruits and vegetables, butcher shops with fresh cut meat, health food stores.

(1) With Off-Site Distribution. Establishments which have wholesale off-site distribution of prepared food as an accessory use.

16. Funeral and Interment Services. Establishments primarily engaged in the provision of services involving the care, preparation or disposition of deceased persons other than in cemeteries. Typical uses include crematories, columbariums, mausoleums or mortuaries.

17. Health Clubs. Establishments which may include indoor or outdoor tennis courts, racquetball courts, gyms, aerobic studios, weight rooms, fitness machines, indoor or outdoor swimming pools and accessory uses such as food service and child care. (See also Commercial Use Classifications—Personal Improvement Services.)

18. Home Improvement Sales and Services. Retail establishments which carry a full line of building materials, appurtenances and decorator items (including hardware, plumbing, electrical, heating, air-conditioning, or building supplies, tools and equipment, plants and garden products, patio furniture, swimming pools, spas, and hot tubs, lighting fixtures and cabinets, paint, carpeting, floor coverings or wallpaper) for individual "do-ityourselfer" residents, to facilitate the improvement, rehabilitation and maintenance of individual dwellings. All merchandise other than plants is kept within an enclosed building or fully screened enclosure and fertilizer, soil, soil amendments are stored and sold in package form only. (See also Commercial Use Classifications—Lumber and Building Material Yards.)

19. Horticultural Establishments. Cultivation of flowers, fruits, vegetables, or ornamental trees and shrubs on a wholesale basis with incidental retail sales and where no other garden, nursery or landscape merchandise is stored or sold on the site.

20. Hotels. (See Commercial Use Classifications—Visitor Accommodations.)

21. Lumber and Building Material Yards. Establishments engaging in the retail or wholesale sales of lumber, finished wood products, or building and landscape material supplies either inside or outside of a structure. This classification includes incidental sales and rental of hardware, plumbing, electrical, garden or painting supplies and equipment.

22. Maintenance and Repair Services/Small Equipment. Establishments providing on-site repair and accessory sales of supplies for appliances, office machines, home electronic equipment, bicycles, tools, or garden equipment. This classification does not include maintenance and repair of vehicles (see Commercial Use Classifications—Vehicle/Equipment Sales and Services).

23. Mini-Storage. Provision of storage space for household or commercial goods within an enclosed building. This classification excludes wholesaling distribution and storage and vehicle storage.

24. Motels. (See Commercial Use Classifications—Visitor Accommodations.)

25. Nurseries. Establishments providing for the cultivation and sale of ornamental trees, shrubs, and plants, including the sale of garden and landscape materials and equipment. All merchandise, other than plants, is kept within an enclosed building or a fully screened enclosure, and fertilizer, soil, soil amendments and groundcover (other than live plants) of any type is stored and sold in package form only.

26. Offices, Business and Professional.

a. Offices, Business and Professional. Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, computer software consulting, data management, engineering, interior design, graphic design, real estate, title companies, stockbrokers, insurance and legal services. This classification includes laboratories accessory to an office use, but excludes banks and savings and loan associations.

b. Offices, Medical. Offices for a physician, dentist, chiropractor, physical therapist, psychiatrist, psychologist, counseling service, audiologist, optometrist, acupuncturist, registered dietitian/nutritionist, or similar licensed medical professional. This use classification includes facilities, such as medical clinics, that provide medical, surgical, or psychiatric medical services to sick or injured persons, on an outpatient basis and also includes medical laboratories accessory to a medical office use.

27. Parking, Commercial Facilities. Privately owned lots offering short-term or long-term parking to the public for a fee. A permanent parking lot is any parking which is required as a condition to use, or any parking lot which is used for the storage of motor vehicles, for a period of time of twenty-four (24) months or more. A temporary parking lot is any parking lot which is not required as a condition to use, or any parking lot which is used for the storage of motor vehicles for a period of time of less than twenty-four (24) months. If a temporary parking lot is utilized for a period of twenty-four (24) months or longer, it shall be deemed a permanent parking lot and shall conform to the surfacing standards of a permanent parking lot. (See Part III, Article 2 of this chapter, Off-Street Parking and Loading Regulations.) (For public parking facilities see Community Use Classifications—Public Parking Facilities.)

28. Pawn Shops. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property.

29. Personal Improvement Services. Provision of instructional services or facilities including fine arts, crafts, dance or music studios, exercise or aerobic studios, driving schools, business and trade schools and diet centers.

30. Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, massage, tanning, seamstresses, tailors, shoe repair shops, dry cleaning agencies (excluding plants), photo-copying, photo processing, travel agencies, self-service laundries and psychic readers.

31. Photocopy Establishments. (See Commercial Use Classifications—Personal Services.)

32. Recreation and Entertainment, Commercial. Businesses providing participant or spectator recreation, entertainment, or sports activities.

a. Within a Building. This classification includes movie or live performing arts theaters, bowling alley, billiard parlor, dance hall, ice/roller skating rinks, scale model course, bingo parlor, game center including pinball arcade, coin-operated electronics or mechanical game machines.

b. Outdoor Facilities. This classification includes movie or live performing arts theater, sports stadium and arena, commercial golf courses (including private courses where the general public can play for a fee), driving ranges and miniature golf courses. (For public outdoor recreation facilities see Community Use Classifications—Park and Recreation Facilities.)

33. Recreational Vehicle Parks. Facilities where two (2) or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles for use on a temporary basis by campers, vacationers, or travelers.

34. Restaurants. (See Commercial Use Classifications—Eating and Drinking Establishments.)

35. Research and Development Services. Establishments primarily engaged in product design and technological, industrial, agricultural, or scientific research (including but not limited to computer software and hardware development, data analysis, design of medical devices, and design of apparel and other consumer

products), including limited product testing. This classification includes electronic research firms or pharmaceutical research laboratories, but excludes manufacturing (except of prototypes) and medical testing and analysis.

36. Retail Sales/Rentals. Retail sales or rentals of merchandise not specifically listed under another use classification. This classification includes but is not limited to department stores, clothing stores, and furniture stores and businesses retailing or renting the following goods: toys, hobby materials, party supplies, handcrafted items, jewelry, flowers, cameras, photographic supplies, electronic equipment, records, videos, sporting goods, pharmacy items, kitchen utensils, hardware, appliances, art, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles and new automotive parts and accessories (excluding service and installation).

37. Theaters. (See Commercial Use Classifications—Recreation and Entertainment, Commercial.)

38. Vehicle/Equipment Sales and Services.

a. Automobile Rental and Leasing. Rental or leasing of automobiles including storage and incidental maintenance. This classification shall include taxi or limousine service.

b. Automobile Sales/New and Used. Sale of new and used automobiles including storage and incidental maintenance.

c. Automobile Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles. (For automobile washing on the same site as a service station see Commercial Use Classifications—Vehicle/Equipment Sales and Services, Service Stations.)

d. Automobile Wrecking. The dismantling or wrecking of used motor vehicles or trailers or the storage of, sale or dumping of, dismantled, partly dismantled, obsolete or wrecked vehicles or their parts.

e. Service Stations. Businesses engaged in the retail sale of motor fuels, lubricants, parts and accessories. This classification includes incidental maintenance and repair of automobiles and light trucks, but excludes body and fender work or repair of heavy trucks or vehicles. This classification also includes food and beverage sales as an accessory use. Establishments at which the area devoted to food and beverage sales exceeds one thousand (1,000) square feet shall be classified as a convenience market with gasoline sales. (See Commercial Use Classifications—Food and Beverage Sales, Convenience Market with Gasoline Sales.)

(1) With Automobile Washing. A service station in conjunction with automobile washing.

f. Vehicle/Equipment Repair. Retail repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This classification includes tire sales and installation of mufflers, exhaust and suspension systems, auto radio/electronics installation, auto air conditioning/heater service, engine overhauls involving the removal of engine blocks, body and fender work, painting and undercoating, glass replacement, upholstery and convertible top service, vehicle towing, radiator, transmission, wheel and axle repair, but excludes the sale of gasoline and motor fuels, vehicle dismantling or salvage and tire retreading or recapping.

(1) Limited Vehicle Service. Limited retail maintenance and service of automobiles and trucks. This classification includes quick lube and oil changing facilities and smog checking facilities with no on-site repair.

g. Vehicle/Equipment Sales and Rentals. Sale or rental of motorcycles, moving vans, trucks, tractors, construction or agricultural equipment, mobile homes, recreational vehicles, and similar equipment, including storage and incidental maintenance.

h. Vehicle Storage. Storage of operative or inoperative vehicles. This classification includes storage of parking tow-aways, impound yards, and storage lots for automobiles, trucks, buses and recreation vehicles, but does not include vehicle dismantling.

39. Visitor Accommodations.

a. Bed and Breakfast Inns. Establishment offering lodging on a less than weekly basis typically in a converted single-family or multifamily dwelling, with accessory eating and drinking service provided from a single kitchen for lodgers only.

b. Hotels. Establishments providing guest rooms for lodging, typically for less than seven (7) consecutive days, with no or minimal kitchen facilities in the guest units. Access to the unit is primarily from interior lobbies, courts or halls. This classification may include recreational facilities, or eating, drinking and banquet service as accessory.

c. Motels. Establishments providing guest rooms or units for lodging, typically for less than seven (7) consecutive days, with no or minimal kitchen facilities. Access to the unit is provided directly from parking areas.

C. Industrial Use Classifications.

1. General Industry. Manufacturing of products, primarily from extracted or raw materials, or bulk storage and handling of such products and materials. Uses in this classification typically involve a high incidence of truck or rail traffic, and/or outdoor storage of products, material, equipment, or bulk fuel. This classification includes food processing and packaging, laundry and dry cleaning plants, stonework and concrete products manufacturing (including concrete ready-mix plants) and power generation.

2. Limited Industry. Manufacturing of finished parts or products, primarily from previously prepared materials; and provision of industrial services; both within an enclosed building. This classification includes processing, fabrication, assembly, printing, treatment, and packaging, but excludes basic industrial processing from raw materials, food processing, and vehicle/equipment services.

3. Research Development Industry. Establishments primarily engaged in the research, development, and controlled production of high-technology electronic, industrial or scientific products or commodities for sale, excluding uses that may be objectionable by reason of production of offensive odor, dust, noise, vibration, or storage of hazardous materials. This classification includes but is not limited to biotechnology firms, nontoxic computer components, clean-tech, clean energy products, electric vehicles, software development, apparel design, medical devices, and consumer products.

4. Wholesaling, Distribution and Storage. Storage and distribution facilities with only limited direct public access.

D. Agricultural Use Classifications.

1. Animal Husbandry. Raising of animals or production of animal products, such as eggs or dairy products, on an agricultural or commercial basis. Typical uses include grazing, ranching, dairy farming, poultry farming, and beekeeping but exclude slaughter houses.

2. Crop Production. Raising and harvesting of tree crops, row crops, or field crops on an agricultural or commercial basis, including packing and processing.

E. Community Use Classifications.

1. Adult Day Care Facilities. Facilities, other than adult day care homes, which provide nonmedical care and supervision on a less than twenty-four (24) hour per day basis. This classification includes day care for adults and elderly persons, including social day care facilities.

2. Child Day Care Facilities (Day Care Centers). Facilities, other than family day care homes, which provide nonmedical care, protection and supervision, to children under eighteen (18) years of age, on a less than twentyfour (24) hour basis. This classification includes infant centers, preschools, and extended day care facilities.

3. Churches. See Community Use Classifications—Religious Assembly.

4. Clubs and Lodges. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls, social clubs and youth centers.

5. Colleges, Public or Private. Institutions of higher education providing curriculum of a general, religious, or professional nature and that typically grant recognized degrees or certificates. (See also Commercial Use Classifications—Personal Improvement Services.)

6. Cultural Institutions.

a. Cultural Institutions. Nonprofit institutions displaying or preserving objects of interest in one (1) or more of the arts or sciences. This classification includes libraries, museums, and art galleries.

b. Natural History/Science Museums. Nonprofit learning centers for children and adults interested in the natural history and/or the sciences. This classification may include medical care, shelter, and rehabilitation of domesticated animals or injured wildlife.

7. Emergency Medical Care/No Inpatient. Facilities providing emergency medical service on a twenty-four (24) hour basis with no provision for continuing care on an inpatient basis.

8. Government Offices. Administrative, clerical, or public contact offices of a government agency, including postal facilities, together with incidental storage and maintenance of vehicles.

9. Hazardous Waste Management Facilities. Facilities which manage (generate, store, treat or transport) more than four thousand (4,000) tons of hazardous waste per year or manage (transport or store) more than twelve thousand five hundred (12,500) tons per year including but not limited to transfer and storage facilities, treatment facilities, hazardous waste and household hazardous waste recycling facilities, solidification or stabilization facilities and treated residual repositories.

10. Heliports. Pads and facilities enabling takeoffs and landings by helicopters. This classification includes helipads and helistops.

11. Hospitals. Facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classification includes incidental facilities for outpatient treatment, as well as training, research, and administrative services for patients and employees. Specific hospital types include those specializing in:

a. Acute Care. Hospitals, licensed by the Department of Health Services, with overall administrative and professional responsibilities and organized medical staff that provide twenty-four (24) hour inpatient care, including medical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy, and dietary services.

b. Other. Any other hospital, licensed by the Department of Health Services, including facilities for rehabilitation and physical care, acute psychiatric care, chemical dependency, and substance abuse.

12. Housing for the Homeless/Emergency Shelters. Housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. Emergency shelters shall include other interim interventions identified in Section 65583(a)(4)(C) of the California Government Code, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.

13. Low Barrier Navigation Center. This classification means a housing first, low barrier, service-enriched shelter as defined in California Government Code Section 65660(a) as most currently in effect, or in any successor statute.

14. Maintenance and Service Facilities. Facilities associated with government offices, special districts, or community facilities providing maintenance and repair services for vehicles and equipment, and materials storage areas. This classification includes corporation yards, equipment service centers, and similar facilities.

15. Park and Recreation Facilities. Noncommercial parks, playgrounds, and recreation facilities including municipal golf courses and neighborhood swim and tennis centers. (For commercial recreation facilities see Commercial Use Classifications—Recreation and Entertainment, Commercial.)

16. Public Parking Facilities. Off-street parking facilities, including surface parking or parking structures, for the temporary parking of automobiles by the general public. (For privately owned parking facilities see Commercial Use Classifications—Parking, Commercial Facilities.)

17. Public Safety Facilities. Facilities for public safety and emergency services, including police and fire protection.

18. Public Transit Terminals. Public or publicly regulated facilities for passenger transit service and operations. This includes rapid transit stations and park-and-ride lots.

19. Recycling Facilities. Facilities used for the collection or processing of recyclable materials other than hazardous waste.

a. Collection Facilities. Recycling facilities used for the acceptance by donation, redemption, or purchase of recyclable materials from the public. Such a facility does not use power-driven processing equipment except for compacting, baling, plastic shredding, and other activities necessary for efficient temporary storage and shipment of materials. Collection facilities include reverse vending machines, small collection facilities and large collection facilities.

e by donation, redemption, or purchase of recyclable materials from the public. Such a facility does not use power-driven processing equipment except for compacting, baling, plastic shredding, and other activities necessary for efficient temporary storage and shipment of materials. Collection facilities include reverse vending machines, small collection facilities and large collection facilities.

(1) Reverse Vending Machine Facilities. A grouping of not more than three (3) reverse vending machines in a total area of not more than fifty (50) square feet. A reverse vending machine is an automated mechanical device which accepts one (1) or more types of empty beverage containers including, but not limited to, aluminum cans, glass bottles and plastic bottles, and issue a cash refund or a redeemable credit slip with value of not less than the containers' redemption value as determined by the state. A reverse vending machine may process and sort containers mechanically; provided, that the process is enclosed within the machine. A bulk reverse vending

machine is a reverse vending machine that is larger than fifty (50) square feet, is designed to accept more than one (1) container at a time, and will pay by weight instead of by container.

(2) Small Collection Facilities. Collection facilities which do not occupy more than five hundred (500) square feet. This classification may include a mobile unit, kiosk type units which may include permanent structures and unattended containers placed for the donation of recyclable materials.

(3) Large Collection Facilities. May occupy more than five hundred (500) square feet and may include permanent structures.

b. Processing Facilities. Recycling facilities located in a building or enclosed space and used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment or to an end-user's specifications by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing. Processing facilities include light processing facilities that occupy an area of under forty-five thousand (45,000) square feet of gross collection, processing, and storage area and have up to an average of two (2) outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of sourceseparated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers. Processing facilities also include heavy processing facilities which are any processing facility other than a light processing facility.

20. Religious Assembly. Facilities for religious worship and incidental religious education, but not including private schools as defined in this section. For accessory dwelling units on properties with a religious assembly use, see Part III, Article 5, Accessory Dwelling Units.

21. Residential Care Facilities. Facilities which provide twenty-four (24) hour nonmedical care for seven (7) or more persons in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living, or for the protection of the individual. This classification includes group homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the State of California.

22. Schools, Public or Private. Educational institutions having a curriculum comparable to that required in the public schools of the State of California. (See also Commercial Use Classifications—Personal Improvement Services.)

23. Skilled Nursing Facilities. Health facilities or a distinct part of a hospital which provides continuous skilled nursing and supportive care to patients whose primary need is for availability of such care on an extended basis. It provides twenty-four (24) hour inpatient care and, as a minimum, includes physical, skilled nursing, dietary, pharmaceutical services and an activity program. This classification includes convalescent hospitals.

24. Utilities, Major. Generating plants, electrical substations, above-ground electrical transmission lines, switching buildings, refuse collections, processing, or disposal facilities, water reservoirs, flood control or drainage facilities, water or wastewater treatment plants, transportation or communications facilities, and similar facilities of public agencies or public utilities, but excluding recycling facilities (See Community Use Classifications—Recycling Facilities.) A minor utility that may have a significant effect on surrounding uses shall be regulated under this classification.

25. Utilities, Minor. Utility facilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution lines and underground water and sewer lines.

F. Accessory Use Classifications.

1. Accessory Living Quarters. Habitable living space within an accessory structure, but without kitchen facilities, on the same site as a main building of a residential use for the purpose of housing servants, employees, or guests of the occupants of the main building. This classification includes guest houses.

2. Accessory Structure. A detached structure which is subordinate and normally incidental to the main building on the site, including but not limited to storage sheds, equipment enclosures, detached garages, gazebos and animal enclosures. A structure which is functionally part of the main building, is enclosed by a roof or wall, and is not substantially open to the environment shall be considered part of the main building.

3. Accessory Use. A use that is subordinate and incidental to the main use of the site and which is located on the same site as the main use.

a. Garage Sales. Sale of personal property as an accessory use to a residential use.

b. Home Occupations. An office or business of personal nature conducted by the occupant of a dwelling as a subordinate or incidental use consistent with the provisions of Section 10-2.3.107, Home Occupations.

c. Personal Cannabis Cultivation. "Personal cannabis cultivation" or "personal cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, or processing of cannabis for personal medical or nonmedical adult recreational use.

G. Temporary Use Classifications.

1. Arts and Crafts Shows, Outdoor. Display and sale of painting, sculpture, handcrafts and similar objects.

2. Christmas Tree Sales. Retail sales of Christmas trees generally between Thanksgiving and December 26th.

3. Civic/Community Events. Activities sponsored by the City or community organizations, including entertainment or exhibitions.

4. Farmers Markets. Retail sales of produce and other food items.

5. Live Entertainment Events. Concerts and other cultural events lasting less than five (5) calendar days.

6. Outdoor Seating for Eating and Drinking Establishments. Temporary seating in an open or covered area on the site of a legally established eating and drinking establishment.

7. Pumpkin Sales. Retail sales of pumpkins generally between October 1st and October 31st.

8. Retail Sales, Outdoor. Retail sales of merchandise in an open or covered outdoor area on the site of legally established retail business.

9. Street Fairs. Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures.

10. Swap Meets, Nonrecurring. Retail sales or exchange of new, handcrafted, or secondhand merchandise for a maximum period of forty-eight (48) hours, conducted by sponsor no more than twice in any year.

11. Swap Meets, Recurring. Retail sales or exchange or new, handcrafted, or secondhand merchandise for a maximum period of forty-eight (48) hours, conducted by sponsor on a more than twice yearly basis.

12. Vendor Carts. Carts or stands which serve prepared food or drinks for on- or off-site consumption or provide a place for the display and sale of plants and flowers. (§4, Ord. 2109, eff. 6/15/12; §4, Ord. 2129, eff. 7/3/14; §1, Ord. 2146, eff. 4/1/2016; §§5, 6, Ord. 2183, eff. 9/8/18; §3, Ord. 2188, eff. 3/8/19; §6, Ord. 2210, eff. 10/22/21; §4, Ord. 2216, eff. 7/2/22; §4, Ord. 2239, eff. 7/5/24; §3, Ord. 2241, eff. 7/19/24; §3(2), Ord. 2243, eff. 9/7/24; §3(2), Ord. 2246, eff. 11/15/24; §3(1), Ord. 2247, eff. 12/20/24; §3(2), Ord. 2248, eff. 2/21/25)

1 Chapter 2 amended in its entirety by §2, Ord. 1877, eff. 1/16/96.

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The Walnut Creek Municipal Code is current through Ordinance 2251, passed August 16, 2025.

Disclaimer: The City Clerk's Office has the official version of the Walnut Creek

10-2.2.101

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