Article 1 — Site Regulations

This article contains land use and development regulations, other than parking, loading, and sign regulations, that are applicable to sites in all or several districts. These regulations shall be applied as specified in this Article.

A. Front Yard Exceptions. In any R or D district, except R-15 and R-20, where forty percent or more of the potential building sites on one side of any street between intersecting streets have been improved with buildings, the required front yard depth on such segment of street shall be no less than the average of the front

yard depths of the improved building sites, but in no event shall any building or portion thereof be erected or structurally altered within any setback area as delineated on the zoning map.

B. Double Frontage. Where the front and rear of a lot abut a street and where other lots front upon both such streets in the same block, a front yard shall be maintained from both streets.

A. Detached accessory structures in residential districts may occupy any portion of the lot wherein the main building is permitted.

B. No accessory structure shall be erected on a vacant parcel of land unless approved by a use permit.

C. The combined foot print of all accessory structures together with the foot print of the main dwelling shall not exceed the maximum lot coverage allowed in the zoning district.

D. All or a portion of any accessory structure may be placed within the required rear yard providing all of the following conditions are met:

1. There is a solid, visually impenetrable fence or wall between the accessory structure and the adjoining property line;

2. The accessory structure does not exceed a height of nine feet as measured from the existing or finished grade (whichever is lower), to the highest portion of the roofline. In the Almond-Shuey Neighborhood, detached garages shall be permitted up to a height of twelve (12) feet, if the portion exceeding nine (9) feet in height does not occupy more than one hundred fifty (150) square feet of the required rear yard;

3. There is a clear passageway of five (5) feet in width between the accessory structure exterior and the main dwelling;

4. There is a clear passageway of three (3) feet in width between the accessory structure, including roof overhang, and any adjacent fence, wall or property line;

5. The total roof area of all accessory structures within the required rear yard does not occupy more than two hundred thirty (230) square feet or twenty percent (20%) of the required rear yard, whichever is less.

E. Accessory structures may be placed within the area of required side yards providing all of the following conditions are met:

1. There is a solid, visually impenetrable fence or wall between the accessory structure and the adjoining property line;

2. The accessory structure does not exceed six (6) feet in height or the height of the existing adjacent fence or wall, whichever is less. In the Almond-Shuey Neighborhood, detached garages up to nine (9) feet in height may occupy up to forty-five (45) square feet of the required side yard, if located within the rear thirty-five (35) feet of the lot, and if there is a clear passageway of three (3) feet in width maintained between the accessory structure (including roof overhang) and the adjoining property line;

3. There is a clear passageway of three (3) feet in width either between the accessory structure, including roof overhang, and the main dwelling unit, or between the accessory structure and the adjacent fence; and

4. The total roof area of all accessory structures does not occupy more than one hundred twenty (120) square feet of the area contained within each respective required side yard.

F. For the purpose of this section, the area where the required side yard and required rear yards overlap shall be considered as part of the required rear yard. Accessory buildings located within the overlapping area shall conform to the provision of subsection (D) of this section.

G. Exceptions to the height limit, as stated in Part I, Article 3, Definitions (Building Height), shall not apply to accessory structures within required rear or required side yards.

H. For the purpose of this section, a required rear yard shall mean the minimum width or setback applicable to each residential district. (§12, Ord. 2194, eff. 6/7/19)

A. Height Standards for Residential Uses. Except as otherwise permitted in subsections (C) and (E) of this section:

1. No fence, wall or similar structure shall exceed seven (7) feet in height within a required interior side or rear setback, or corner side setback of a corner lot, as measured from the highest adjacent grade.

2. No fence, wall, or similar structure shall exceed three (3) feet in height within the required front setback or within the corner side setback of a reversed corner lot, as measured from the highest adjacent grade.

B. Material Standards for Residential Uses.

1. Fences. Fences shall be constructed of wood, iron, or steel. Barbed wire, razor wire, and electric fencing shall not be allowed. Chain link fencing is not allowed where visible from the public right-of-way, publicly accessible paths, publicly accessible outdoor space or open space lands.

2. Walls. Walls shall be constructed of finished concrete, paver/wall block, split faced or stucco-finished concrete masonry units (CMU) block, or shall be the same as the predominant existing exterior material of the building. Sound walls shall be constructed of concrete or split-faced or finished CMU.

3. Alternative Materials. New, innovative, or alternative materials different from the foregoing may be allowed by the Community Development Director.

C. Required Screening Between Different Use Classifications. When screening is required pursuant to this section, it shall be provided along all interior lot lines, except where a nonresidential use abuts a nonresidential use. Except as otherwise permitted in subsection (E) of this section, screening for multifamily, mixed use and single-family uses shall be in accordance with the following:

1. Multifamily or Mixed Use Abutting Single-Family or Mixed Use Abutting Multifamily. When a multifamily or residential mixed-use project is developed next to an existing single-family use, or when a residential mixed-use project is developed next to an existing multifamily use, a solid fence or wall shall be installed along the abutting interior property line(s) with a minimum height of seven (7) feet and a maximum height of eight (8) feet as measured from the highest adjacent grade. The fence or wall shall be constructed of one (1) or more materials listed in subsection (B) of this section.

2. Nonresidential Use Abutting Single-Family, Multifamily, or Mixed Use. When a nonresidential project is developed next to an existing single-family use, multifamily use, or residential mixed use, a solid masonry, sound

attenuating wall, eight (8) feet in height as measured from the highest adjacent grade, shall be installed along the abutting interior property line(s).

a. In addition, a landscaped buffer area shall be provided along the required fence or wall within the project site that includes a minimum six (6) foot wide planter strip with shrubs and/or groundcover, and trees planted every twenty (20) to forty (40) feet on center (depending on the species and mature canopy width or growth habit) to form an opaque barrier. Trees for screening shall be a minimum twenty-four (24) inch box size.

D. Retaining Wall Standards for Residential Uses. Except as otherwise permitted in subsection (E) of this section, retaining walls shall conform to the following standards:

1. Heights. No single retaining wall shall exceed seven (7) feet in height within a required setback as measured from the finished grade to the top of wall.

2. Materials. Retaining walls shall be constructed of brick, finished concrete, paver/wall block, split-faced or stucco-finished CMU block, or wood. Unfinished CMU block is prohibited.

3. Terraced Retaining Walls. If retaining more than seven (7) feet, retaining walls must be terraced. The minimum horizontal separation between terraced retaining walls shall be equal to the height of the wall directly above.

E. Height Increases. The maximum height standards for fences, walls, retaining walls, or similar structures, as previously specified in this section, may be increased through the issuance of a minor use permit pursuant to the appropriate provisions of Part IV, Article 8, following the public hearing procedure set forth in Part IV, Article 3, and to the following provisions, except that retaining walls shall not exceed the maximum heights specified in Section 9-9.08:

1. Purpose. The minor use permit procedure allows height limits to be exceeded without specific findings of hardship or unusual circumstances when reviewed and adequately controlled to assure that the area will assume or retain the characteristics intended by zoning.

2. Findings. No minor use permit shall be granted unless a finding can be made that the installation or construction of the proposed fence, wall, or similar structure, under the conditions of the particular case, will not infringe upon the visual openness of surrounding properties; detract, impair or destroy the characteristics of the established area, nor be detrimental to the health, safety or welfare of persons residing or working in or adjacent to the area or neighborhood of such structure.

3. Conditions. In approving a minor use permit, the Zoning Administrator shall have the authority to impose such conditions as deemed necessary to protect the best interest of the surrounding area or neighborhood in line with the standards set forth above.

4. Waivers and Reductions to Required Screening. The requirements for required screening as set forth in subsection (C) of this section may be waived or reduced through the issuance of a minor use permit pursuant to Part IV, Article 8, following the public hearing procedure set forth in Part IV, Article 3, upon the finding that the required screening is not necessary for the protection of adjoining property.

nd Reductions to Required Screening. The requirements for required screening as set forth in subsection (C) of this section may be waived or reduced through the issuance of a minor use permit pursuant to Part IV, Article 8, following the public hearing procedure set forth in Part IV, Article 3, upon the finding that the required screening is not necessary for the protection of adjoining property.

5. Screening for Residential Uses Adjacent to a Freeway. Where a residential project or residential zoned property abuts a highway, a solid fence or wall may be installed along the interior property lines adjacent to the highway within the project site at up to eight (8) feet in height. For such fences or walls exceeding seven (7) feet in height, a landscaped buffer area shall also be provided along the abutting interior property line that includes a

minimum six (6) foot wide planter strip with shrubs and/or groundcover, and trees planted a minimum of twenty (20) to thirty (30) feet on center depending on the species and mature canopy width or growth habit.

6. Screening for Single-Family Residential Uses Adjacent to a Multifamily Use, Mixed Use, or Nonresidential Use. Where a single-family residential use abuts a multifamily use, residential mixed use, or nonresidential use, a solid fence or wall up to eight (8) feet in height may be installed along the interior property line(s) abutting such uses. (§4, Ord. 2239, eff. 7/5/24; §3, Ord. 2250, eff. 9/5/25)

All lots or building sites shall have frontage as hereinbefore provided equal to or greater than the minimum required lot width except in the event more than one-half (1/2) of the front lot line is a concave curve, in which case the minimum lot frontage shall be not less than one-half (1/2) the required lot width, and the actual width of the lot measured at the rear line of the required front yard shall be not less than eighty percent (80%) of the required lot width.

In computing lot area, front yards, side yards, lot coverage, lot width, lot depth and lot frontage as required by this chapter, any public or private right-of-way or easement for road or access purposes shall be excluded and a portion of a lot connecting the building site to a public or private street shall also be excluded.

Subject to the provisions of this section, any real property in a residential district in the City may be utilized and the necessary licenses and permit issued for a home occupation, which is defined as an office or a business of a personal nature conducted by the occupant of a dwelling as a secondary use.

A. Home occupation permits may be issued by the Community Development Director providing the home occupation is not incompatible in any way with the residential character of the neighborhood, that there is no external evidence of its operation, and that the proposed use conforms to all of the following conditions:

1. Home occupations shall be confined to the residents of the dwelling unit and shall not exceed two persons engaged therein.

2. There shall be no goods, samples, materials or objects sold, stored or displayed on the premises in connection with the operation of any home occupation. This condition is not intended to prohibit the temporary interior storage of materials used in the operation of the home occupation so long as such storage does not create a health or safety problem or a neighborhood nuisance.

3. The primary function of a home occupation shall not necessitate the rendering of services to customers or clients on the premises. Exception: the provision of educational services and the supplying of goods or materials to be used in conjunction with the educational services are permitted so long as such activities do not generate pedestrian or vehicular traffic beyond that normal for the district in which it is located and does not create a neighborhood nuisance.

4. Not more than twenty percent of the total floor area of the dwelling unit shall be used in connection with any home occupation.

5. No sign, nameplate or any other form of advertising shall be displayed on the premises in connection with any home occupation.

6. No addition, alteration or remodeling of a dwelling building shall be permitted in connection with any home occupation.

7. The access to that portion of the dwelling used for the home occupation shall be through the main entrance to the dwelling unit.

8. Home occupations permitted hereunder shall be confined in their operation entirely to the main building.

9. Not more than one commercial motor vehicle together with equipment, tools and stock-in-trade maintained therein where such motor vehicle is used as the owner's means of transportation, shall be permitted in any residential district, provided such tools and equipment are not used for the performance of services upon the premises and stock-in-trade is not sold from the premises.

10. Home occupation permits shall be limited to the applicant only.

B. The Community Development Director may refuse a home occupation permit even though the proposed use may appear to qualify technically under all of the conditions set forth in subsection (a) above, if the possibility exists that the proposed use is not in keeping with the intent and purpose of the permission of home occupations in residential districts.

C. In the event an application for a home occupation is refused by the Community Development Director pursuant to the provisions of subsection B. above, or in the event a home occupation will not conform to all of the conditions listed in subsection A. above, such home occupation permit may be granted by the Zoning Administrator pursuant to the provisions of Part IV. Administration. of this chapter. In such event the following provisions shall apply:

1. A finding shall be made that the establishment, maintenance, and/or conducting of the use for which the home occupation permit is sought under such conditions to use as may be deemed necessary, will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in or adjacent to the neighborhood of such use, and will not, under the circumstances of the particular case, be detrimental to the public welfare or injurious to property in such neighborhood.

There shall also be a finding that the home occupation will not be objectionable or undesirable because of potential noise, increased pedestrian or vehicular traffic, or any other condition which may interfere with the general welfare of the surrounding residential area.

2. The conditions set forth in subsection A. of this section shall be applicable to all permits approved by the Zoning Administrator for home occupations except as specifically set forth in the approval of the permit.

3. In approving a home occupation use permit, the Zoning Administrator shall have the authority to impose such conditions as deemed necessary to protect the best interests of the surrounding area or neighborhood, in line with the standards set forth above and with the General Plan.

D. The following occupations, and all uses similar thereto, when conducted on a commercial basis, shall not be construed to be home occupations and therefore shall not be permitted in residential districts:

1. The repair, manufacture, processing or alteration of goods, materials or objects; exception: dressmaking, tailoring and the manufacturing of arts and crafts items intended for off-premises sale where no equipment or process is used which creates an adverse impact on neighborhood;

2. Any use involving food handling, processing or packing;

3. Harboring, training or raising dogs, cats, birds, horses or other animals;

4. Automobile and/or body and fender repairing.

E. If the use for which a home occupation permit has been granted ceases for a period of six consecutive months, all permits issued pursuant to this section shall become null and void.

F. Home occupation permits granted pursuant to this section may be revoked by the Zoning Administrator pursuant to the procedures established by Part IV, Article 15 of this chapter, such revocation to be based upon the failure to comply with any of the provisions of this chapter or if a complaint is filed with the Community Development Director when the use of any property in a residential district as a home occupation results in an undesirable condition interfering with the general welfare of the surrounding residential area.

A. Household Pets: Household pets are permitted in all land use districts where residential uses are allowed subject to the following provisions:

1. Up to three animals, including poultry (except roosters), domestic, or exotic animals, as defined by this Chapter, may be kept as household pets. Livestock and roosters are not permitted to be kept as household pets.

2. No animals, except cats, are permitted to run at large, but shall be, at all times, confined within a suitable enclosure, kept within the main building, or otherwise be under the control of the owner of the property;

3. Animal enclosures, pens, or runs shall not be located within the front yard (as defined in this Chapter);

4. Newborn and baby animals up to the age of 10 weeks shall not be counted in determining compliance with the numerical limits of this subsection.

5. Abatement.

a. Any landowner or resident who feels adversely affected by the keeping of pets on any property in the neighborhood may file a written request for a hearing on the subject, or if the Zoning Administrator believes there may be reason for rescinding the permission to keep certain pets, or to reduce the number of such animals permitted, he shall set a hearing on the subject. The persons keeping the animals and all landowners as shown on the last equalized assessment rolls within three hundred feet of the site where the animals are kept shall be notified of the hearing at least ten days in advance. If, after the hearing, the Zoning Administrator finds that the animals are causing a nuisance because of noise, odor, insects, dust, or otherwise, he may order such conditions that will rectify the situation or he may order that the premises be vacated of animals.

B. Livestock and Poultry: Livestock and poultry, as defined in this Title, shall be permitted in the R-40 District subject to the following conditions. In the R-8, R-8.5, R-10, R-12, R-15, and R-20 Districts livestock and poultry are conditionally permitted with the granting of a Minor Use Permit, subject to the following conditions:

1. No livestock or poultry shall be kept or maintained on any parcel of real property under one ownership, which contains less than 40,000 square feet, unless the parcel is immediately adjacent to public open space, and contains at least 20,000 square feet. Public open space includes any land owned by a public agency for the purpose of maintaining open space, any land designated open space on the General Plan, or a freeway or railroad right-of-way;

2. The number of livestock kept or maintained on any parcel of real property, under one ownership, shall not exceed one for each twenty thousand square feet (20,000) of land contained in such parcel;

3. On any parcel of land upon which livestock is kept or maintained, there shall be erected a barn, stable or similar building, which shall be located not closer than one hundred feet to any public street nor closer than fifty feet to any interior lot line. A chicken coop or similar poultry enclosure may be constructed but shall be subject to the same setback requirements as a barn, stable or similar building;

el of land upon which livestock is kept or maintained, there shall be erected a barn, stable or similar building, which shall be located not closer than one hundred feet to any public street nor closer than fifty feet to any interior lot line. A chicken coop or similar poultry enclosure may be constructed but shall be subject to the same setback requirements as a barn, stable or similar building;

4. No fence, corral, chicken coop, or similar enclosure shall be located within fifteen feet of any side or rear property line or within one hundred feet of any front property line;

5. No barn, stable, fence, corral, chicken coop, or other enclosure for the keeping of livestock or poultry shall be located within fifty feet of any building used for human habitation;

6. The number of livestock allowed may be increased above the maximum of 1 per 20,000 square feet in the granting of a minor use permit if a finding is made that the site is suitable and can support the additional livestock without creating nuisance problems for surrounding residential property.

7. Those distances as specified in paragraphs 4. and 5. and 6. of this subsection may be reduced or waived in the granting of a Minor Use Permit upon the finding that such distances are not necessary for the protection of neighboring residences;

8. The keeping of livestock and poultry shall be accessory to the residential use of the property;

9. A Minor Use Permit granted for the purpose of allowing livestock and poultry may be revoked if:

a. Any of the conditions of the Minor Use Permit are not strictly adhered to, or

b. Upon the finding that the lands surrounding the property subject to a Minor Use Permit have developed into urban uses to the degree that keeping livestock or poultry could be detrimental to the peaceful enjoyment of property or improvements in the neighborhood.

In the event a Minor Use Permit is revoked only because of urban development as described above, the effective date to remove livestock or poultry shall be not less than one year following the date the Minor Use Permit is revoked.

Bed and Breakfast Inns in Residential Zoning Districts are permitted upon approval of a Conditional Use Permit. In approving the use permit, the Planning Commission shall find that:

A. The facility is located on or within 500' of an arterial or collector street.

B. There shall be no more than 5 guest rooms unless the Planning Commissions can make special findings that due to the size of the property, number of existing bedrooms, the relationship to surrounding residential

properties and the availability of on-site parking, that more guest rooms will not negatively impact the residential neighborhood. In no case shall there be more than 10 guest rooms.

C. The maximum length of stay for any guest shall be no more than 1 week.

D. The only meal provided shall be breakfast. Other meals may be served at Special Events.

E. Signage shall only identify, rather than advertise, the establishment.

F. No bed and breakfast inns shall be located on a lot closer than five hundred (500) feet from any other lot containing a bed and breakfast inn.

G. On-site required parking that is not located within a garage or on the paved driveway for the garage shall be screened from view.

H. The exterior appearance of the bed and breakfast inn shall be residential in character and shall be compatible with the character of the neighborhood.

I. The Planning Commission may allow special events at the facility. If the Planning Commission determines that the proposed bed and breakfast inn is an appropriate location for special events to occur, additional conditions relating to hours of operation, number of guests, additional parking requirements and music or entertainment provisions may be imposed.

J. The Planning Commission can make special findings that due to the size of the property, the relationship to surrounding residential properties and other site evaluation issues, that the findings required in subsections (A), (C) and (E) of this section are not necessary to protect the residential character of the neighborhood.

K. The bed and breakfast inn is not located within an accessory dwelling unit or a junior accessory dwelling unit constructed after January 1, 2020. (§21, Ord. 2210, eff. 10/22/21)

Eaves and other architectural features not an essential part of the building may project into any side or rear yard not more than forty percent (40%) of the required width of said side or rear yard and not more than four (4) feet into any required front yard. Notwithstanding the increased required side and rear yards for multiple-story buildings, the side yard widths for fireplaces and chimneys not exceeding eight (8) feet in length, open balconies, and open framework stairways shall be not less than the adjacent side or rear yard required for a onestory building.

A. No mobile home, trailer, boat, bus or unmounted camper shell shall be parked or stored within any required front or street side yard in any residential district except under the following circumstances only:

1. For the purpose of loading or unloading, not to exceed twenty-four (24) hours before or after a trip; or

2. For the purpose of accommodating visitors who are traveling in the vehicle, not to exceed one week.

B. No motor home, in excess of twenty (20) feet in length and seven (7) feet in height, shall be parked or stored within any required front or street side yard in any residential district except under the following circumstances only:

1. If the motor home is the only vehicle registered to, and customarily used by, the owner or occupant of the premises; or

2. For the purpose of loading or unloading, not to exceed twenty-four (24) hours before or after a trip; or

3. For the purpose of accommodating visitors who are traveling in the vehicle, not to exceed one (1) week.

C. No motor home, mobile home, trailer, boat, bus, or camper (mounted or unmounted) shall be occupied for living, sleeping, or any other purpose while stored on any property other than a recreational vehicle park, provided however, that visitors traveling in any such vehicle may live or sleep in the vehicle for a period not to exceed one (1) week.

Swimming pools shall not occupy any portion of a required front yard or street side yard.

One temporary tract office shall be permitted within any subdivision being developed in any residential district providing such office is removed or converted to an otherwise permitted use within twenty-four (24) months subsequent to the notice of completion of said structure or upon the sale of all houses or lots therein, whichever date is later, but in no event shall any such building be sold unless it is converted to a conforming use prior to sale.

Regardless of the orientation of the main building, the front yard of a corner lot shall be the continuation of the front yard of the adjacent interior lot. To determine the rear yard, the front lot line of a reversed corner lot (a corner lot that has two (2) front yards) may be the lot line abutting either street. The side yard on a reversed corner lot shall extend from the front yard to the rear lot line.

A lot bounded by only three (3) lines shall be deemed to have no rear lot line. In the event a lot is bounded by five (5) or more lines, only the two (2) interior lines which intersect a street shall be deemed side lot lines; all other interior lines shall be deemed the rear lot lines.

In order to control dust and mud in all land use districts other than residential, lot areas not covered by buildings, but which are used for any nonresidential or nonagricultural purpose including, but not limited to, the repair or storage of vehicles, equipment and materials, shall be paved and maintained in an orderly manner at all times.

A. No Adult Business (see Title 6, Chapter 9 of Municipal Code for Adult Business definitions and requirements for Adult Business Permits) shall be located closer than one thousand (1,000) feet to any school, public or private, attendance at which satisfies the requirements of the compulsory education laws of the State of California.

B. No Adult Business shall be located closer than 700 feet to any one of the following:

1. Any residential district, including any district beginning with prefix, R-,D-, or M-.

2. Any property zoned P-D (Planned Development District), Mixed Use Planned Development or High Density Residential Planned Development, for which a P-D Permit has been obtained, when such use contains a residential component.

3. Any public park, excluding pocket parks.

4. The Contra Costa Canal Regional Trail.

5. Any other adult business.

6. Any permanent existing places of worship as of June 17, 1993.

C. The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the parcel upon which the proposed Adult Business is to be located to the nearest point of the parcel or applicable zoning district boundary line from which the proposed Adult Business is to be separated.

A. Authorization: The Community Development Director is authorized to permit temporary uses as described in Part I, Article 4. Use Classifications and as allowed by the Use Regulations section within each zoning district. Nothing contained herein is intended to add or delete permitted or conditionally permitted uses in any zoning district. Where the provisions of other sections of the Zoning Ordinance differ from this, the more restrictive provisions shall apply.

B. Permits Required: A Short Term Promotional Program Permit is required for temporary uses which last 5 consecutive days or less. A Seasonal Activity Permit is required for temporary uses which last 16 consecutive days or longer or occur on a weekly, bi-weekly or monthly basis, but are not continuous.

1. Short Term Promotional Programs. This classification shall include the following events which last 5 consecutive days or less and occur no more than once on a quarterly basis:

a. Arts and Crafts Shows, Outdoor

• b. Civic/Community Events

c. Live Entertainment Events

• d. Retail Sales, Outdoor

• e. Street Fairs

f. Swap Meets, Non-recurring

2. Seasonal Activities. This classification shall include the following events which last 16 consecutive days or longer or occur on a weekly, bi-weekly or monthly basis, but are not continuous:

a. Christmas Tree Sales

b. Farmers Markets

c. Pumpkin Sales

d. Swap-meets, Recurring

e. Vendor-Carts

C. Conditions of Approval: Temporary Activity Permits may be issued by the Community Development Director providing that:

1. The proposed Temporary Use will be located, operated, and maintained consistent with the policies of the General Plan and the provisions of this Chapter; and

2. Approval of the application will not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare; and

3. The proposed use conforms to the following conditions:

a. Retail Sales-Outdoor, Pumpkin and Christmas Tree Sales, Vendorcarts, and Swapmeets:

(1) Shall not interfere with pedestrian traffic in the normal course of shopping or walking;

(2) Shall not interfere with on-site vehicular traffic flow;

(3) Shall not obstruct or interfere with traffic flow on public streets.

b. Retail Sales, Outdoor shall not exceed three consecutive days and shall not exceed four events per calendar year.

c. Vendor-Carts shall be uses that are typically associated with the primary use of the facility (i.e. a flower cart in front of a flower shop, a coffee cart in front of a coffee store). The individual zoning districts may or may not permit vendor carts as a temporary use. The individual zoning district's use regulations shall be checked to determine whether vendor carts are permitted and if there are any additional restrictions regarding vendor cart use.

d. The Community Development Director may impose additional conditions necessary to:

(1) Achieve the general purposes of this Section and the specific purposes of the land use district in which the temporary use will be located;

(2) Ensure operation and maintenance of the temporary use in a manner compatible with existing uses in the surrounding area;

(3) Restore or maintain the area in its original condition which may include the posting of bonds;

(4) Protect the City from any liability which may include the applicant providing evidence of liability and casualty insurance in amounts determined necessary by the City, and the City being named as an additional insured;

(5) Provide adequate access and parking;

(6) Ensure that lighting and temporary signage meet the provisions of this Chapter.

D. Application: Four dimensioned and scaled site plans shall be submitted to the Community Development Director for review of zoning compliance a minimum of ten (10) days prior to the commencement of any activity. The site plans shall be referred to the Consolidated Fire District, the Code Enforcement Division, and the Public Services Division for review and comment within the ten day period. The site plan shall show the size and location of the following:

1. Property lines, sidewalks;

2. Existing and proposed temporary structures, offstreet parking and loading facilities;

3. Indicate points of entry and exit for vehicles and circulations pattern;

4. Location of walls and fences;

5. Lighting standards and devices;

6. Temporary electrical hookups;

7. Existing and proposed temporary signs.

E. Effective Date; Duration: The Temporary Activity Permit for Short Term Promotional Programs is valid for a specified time period not to exceed 5 days. The Planning Commission shall have authority to extend the time limit of a Short Term Promotional Programs beyond such 5 day limit. The Temporary Activity Permit for Seasonal Activities is valid for the time period specified in the permit. A Temporary Activity Permit lapses if not used within the dates approved.

F. Revocation: The Community Development Director may revoke the permit effective immediately upon verbal or written notice for violation of the terms of the permit. The Community Development Director may approve changes in a temporary activity permit.

In a planned unit development or condominium development, minimum yards, lot area, lot width, lot frontage and lot depth and maximum lot coverage shall apply to each building in relation to adjacent streets and project boundary lines rather than to each lot which is designed for individual ownership.

A. Purpose and Intent. The purpose of this section is to establish a comprehensive set of zoning requirements for antennas and wireless communication facilities. These regulations are intended to provide for the managed development of antennas and wireless communication facilities in a manner that recognizes and enhances the community benefits of wireless communication technology and reasonably accommodates the needs of citizens and wireless communication service providers in accordance with Federal and State rules and regulations, while at the same time protects neighbors from potential adverse impacts of such facilities; preserves the visual character of the established community and the natural beauty of hillsides and ridgelines.

B. Exemptions. The requirements imposed by this section shall not apply to antennas or antenna structures set forth in this subsection, unless noted otherwise below. Each such exempt facility above shall fully comply with any other applicable requirements of the Municipal Code to the extent not specially exempted in this section,

including but not limited to the California Building Code, California Electrical Code, California Plumbing Code, California Mechanical Code and California Fire Code.

1. Direct broadcast satellite (DBS) antennas and multipoint distribution services (MDS) antennas measuring one (1) meter or less in diameter (or diagonal measurement); and television broadcast system (TVBS) antennas provided: (i) the antenna is located entirely on and/or above the subject property, and (ii) no portion of any ground-mounted antenna is within a required front yard setback for the main building, in front of the main building, within a required side yard setback of a corner lot or adjacent to a street.

2. Satellite earth station (SES) antennas measuring two (2) meters or less in diameter (or diagonal measurement) located on a property within any Commercial or Industrial Zoning District, provided: (i) the antenna is located entirely on and/or above the subject property; and (ii) no portion of any ground-mounted antenna is within a required front yard setback for the main building, in front of the main building, within a required side yard setback of a corner lot or adjacent to a street. All SES antennas shall require a building permit and Planning Division review of placement to insure that maximum safety is maintained.

3. Antennas and antenna structures constructed by or for FCC licensed amateur radio operators that comply with the following provisions shall require a building permit and Planning Division review of placement to insure that maximum safety is maintained:

i. The antenna structure, when fully extended, measures forty-five (45) feet or less in height, and measures twenty-four (24) inches or less in diameter or width;

ii. The antenna boom measures twenty (20) feet or less in length and is three (3) inches or less in diameter;

iii. No antenna element exceeds thirty-two (32) feet in length or two (2) inches in diameter or width, with the exception of mid-element tuning devices which shall not exceed six (6) inches in diameter or width;

iv. The turning radius of any antenna does not exceed twenty-six (26) feet; and

v. All antennas and antenna structures shall comply with the provisions of subsection (D)(1) of this section (Development Standards) and any other applicable provisions of the Walnut Creek Municipal Code.

4. A proposed facility shall be exempt from the provisions of this section if, and to the extent that, rules and regulations of the Federal Communications Commission (FCC) or the provisions of a permit issued by the California Public Utilities Commission (CPUC) specifically provide that the facility is exempt from City regulation.

5. Small cell antenna facilities (SCAF), as defined in subsection (B)(5)(i) of this section, shall be exempted from the requirements of this chapter and be subjected to the following provisions:

i. A "small cell antenna facility" means a wireless telecommunications facility, as defined in paragraph (2) of subdivision (d) of Government Code Section 65850.6, as amended, or a wireless facility that uses licensed or unlicensed spectrum and that meets the following requirements:

a. The small cell antenna(s) on the structure, excluding certain ancillary equipment as specified in this subsection, that totals no more than six (6) cubic feet in volume, whether an array or separate.

b. Any individual piece of any ancillary equipment, except those specified in this subsection, on pole structures that does not exceed nine (9) cubic feet.

c. The cumulative total of any ancillary equipment, except those specified in this subsection, on pole structures does not exceed twenty-one (21) cubic feet.

d. The cumulative total of any ground-mounted equipment along with all ancillary equipment, except those specified in this subsection, on any pole or nonpole structure does not exceed thirty-five (35) cubic feet.

e. A "micro wireless facility," which shall be defined as a small cell that is no larger than twenty-four (24) inches long, fifteen (15) inches in width, twelve (12) inches in height, and that has an exterior antenna, if any, no longer than eleven (11) inches.

f. For the purposes of this subsection, the following types of ancillary equipment are excluded from the calculation of equipment volume:

1. Electric meters and any required pedestal;

2. Concealment elements such as a stealth facility;

3. Any telecommunications demarcation box;

4. Grounding equipment, power transfer switch;

5. Cutoff switch;

6. Vertical cable runs for the connection of power and other services; and

7. Equipment concealed within an existing building or structure.

ii. SCAFs proposed for installation within the public right-of-way shall obtain an encroachment permit prior to commencing work, including construction, installation and operation. SCAF installation and construction shall be subject to requirements of the encroachment permit, including aesthetics, design and location criteria contained therein. The City shall have the right to inspect said SCAF to ensure compliance with all conditions of the permit.

right-of-way shall obtain an encroachment permit prior to commencing work, including construction, installation and operation. SCAF installation and construction shall be subject to requirements of the encroachment permit, including aesthetics, design and location criteria contained therein. The City shall have the right to inspect said SCAF to ensure compliance with all conditions of the permit.

iii. SCAF proposed for installation upon vertical infrastructure owned by the City shall obtain an encroachment permit prior to commencing work, in accordance with the requirements of subsection (B)(5)(ii) of this section. Such SCAF shall also be subject to the execution of a master lease agreement between the City and the wireless carrier.

iv. Applicant or owner of SCAF subject to the requirements of subsections (B)(5)(ii) and (iii) of this section shall, at its sole cost, be responsible for repairing to City standard specifications or replacing in-kind any City facilities or improvements disturbed or damaged during the installation, maintenance, operation, repair or removal of the SCAF and any support infrastructure.

v. Each SCAF described in subsections (B)(5)(ii) and (iii) of this section shall be relocated at applicant's or owner's sole cost, upon demand by City with reasonable notice, to allow for public projects, services or improvements.

vi. An applicant or owner desiring to vacate a SCAF shall comply with the requirements of subsection (G) of this section entitled "Discontinuance of Use."

6. SCAF micro wireless facilities that are owned or operated by an existing franchisee authorized to operate such facilities under an existing franchise as defined under 47 U.S.C. §522(9) and that are suspended, whether embedded or attached, on communication cables strung between utility poles in compliance with the State

safety codes shall be exempt from the provisions of this chapter, including any requirement for an encroachment permit.

C. Review and Approval. Any person who proposes to install or operate a wireless communication facility shall first obtain approval of a conditional use permit and/or design review approval, as set forth below, unless the facility is exempt under subsection (B) of this section.

1. Required Permits. Requests for approval of wireless communication facilities shall be reviewed as follows:

a. Conditional Use Permit. Antennas and antenna structures set forth in this subsection shall require a conditional use permit pursuant to the provisions of Sections 10-2.4.601 and subsections (C)(2) and (3) of this section:

1. An amateur radio antenna or antenna structure which, when fully extended, exceeds sixty (60) feet in height;

2. A service provider facility located in or within three hundred (300) feet of a Residential Zoning District (as defined in Section 10-2.1.303(A)); or in the Open Space/Recreation Zoning District; and

3. A monopole antenna structure constructed by or for a service provider.

b. Design Review Application. Antennas and antenna structures set forth in this subsection shall require a design review application pursuant to Sections 10-2.4.1202 and subsections (C)(2) and (C)(3) of this section. The Community Development Director shall serve as the review authority for such applications. The Community Development Director shall refer the application to the Planning Commission for decision, in which case approval may still only be granted after providing ten (10) days' notice to property owners within a three hundred (300) foot radius of the proposed antenna location.

1. A monopole antenna structure constructed by or for an FCC licensed amateur radio operator which, when fully extended, is between forty-five (45) and sixty (60) feet in height, and/or has a turning radius exceeding twenty-six (26) feet (i.e., when the antennas are rotated);

2. A service provider facility located anywhere other than in or within three hundred (300) feet of a Residential Zoning District (as defined in Section 10-2.1.303(A)) or in the Open Space/Recreation Zoning District; and

3. A monopole antenna structure constructed by or for a service provider.

c. Building Permit. All antennas and antenna structures, unless specifically exempted under subsection (B) of this section, shall require a building permit.

2. Findings. The hearing body may approve a conditional use permit or design review application for a wireless communication facility only upon making the findings set forth in Section 10-2.601 (Conditional Use Permit) or Section 10-4.1202 (Design Review Application) as well as the following finding: Every applicable requirement set forth in subsections (D), (E) and (F) of this section is satisfied, or an exception has been granted to subsection (C)(3) of this section.

3. Exceptions. The hearing body may grant an exception to any requirement of this ordinance that is not met upon finding that: (a) strict compliance preclude the reasonable accommodation of the communication needs of the operator as set forth in federal and/or state rules and regulations; and (b) there are no other feasible alternatives. In order to grant an exception for a wireless communication facility located within a vertical distance of one hundred (100) feet of a major ridge, the hearing body must also make one of the following findings: (a) due to the proposed location and/or design of the facility, it will not be readily visible from surrounding

properties, right-of-way or public property; or (b) due to existing structures and/or landscaping, the facility will be substantially screened from view and will not have significant adverse visual impacts.

4. Modification or Revocation. A use permit may be modified or revoked as provided in Section 10-2.4.412.

5. Submittal Requirements. In addition to the general requirements set forth in other sections of this chapter, each application shall include the following information:

a. Documentation demonstrating that the facility will comply with applicable radio frequency (RF) emission standards as set forth in subsection (D)(1)(i) of this section. Such documentation may be satisfied by a written demonstration of compliance with FCC Bulletin OET-65, as amended;

b. Written description of the proposed method(s) of correcting any potential interference with consumer electronic products that may result from the operation of the facility as set forth in Section 10-2.3.120.D.2.i. of this ordinance;

c. Written description of any noise generated by the facility, including but not limited to retractable monopole motors, antenna rotators, power generation and related equipment. Such information shall include the estimated times, frequency, duration and decibel levels of the noise.

d. Any application for a facility that does not comply with all applicable standards in Sections 10-2.3.120.D., E and F of this ordinance shall include a written statement explaining why strict compliance with the standard would not reasonably accommodate the communication needs of the operator, any alternatives that were considered, and the reasons why there are no feasible alternatives that would meet the standard.

e. Based on the reasonable discretion of the Community Development Director, the City, at the applicant's sole expense, may also required the applicant to provide:

1. Visual impact analysis showing a silhouette or other visualization(s) of the proposed facility within the context of its surroundings; and/or

2. Written authorization for the City to hire an independent, qualified consultant to evaluate technical and other aspects of the proposal, including but not limited to, compliance with applicable emission standards, potential for interference with consumer electronic products and/or public safety communications and the appropriateness of granting any requested exceptions. Such authorization shall include a written agreement by the applicant to advance or promptly reimburse the City for all reasonable costs associated with the consultation.

f. The type(s) of wireless communication service(s) to be provided by the facility.

g. In addition to the information required in Sections 10-2.3.120.C.5.a-f of this ordinance, applications for approval of a service provider facility shall include the following:

1. Map showing all current and planned facility sites within and adjacent to the City that are owned and/or operated by the service operator;

2. Name(s), address(es) and telephone number(s) of the person(s) that own the facility and that will be responsible for its operation and maintenance;

3. Any proposed access roads or parking areas; and

4. Documentation that the operator has obtained any licenses and/or approvals that are required by federal and/or State agencies.

D. General Requirements. Unless specifically stated otherwise in this ordinance, all antennas and antenna structures shall be designed, installed and operated in compliance with the following provisions:

1. Development Standards.

a. No portion of an antenna, support structure or any related equipment shall be located on or within a vertical distance of one hundred (100) feet of a Visually Prominent Ridge as defined in Section 10-2.3.402. (§19, Ord. 2070, eff. 6/20/2008)

b. Unless otherwise required by city, county, state or federal rules or regulations, wireless communication facilities shall have a non-reflective finish and shall be painted a neutral color consistent with the predominant background color, as determined by the approval body.

c. Unless otherwise required by applicable federal rules or regulations, no wireless communications facility shall have artificial lighting.

d. All facilities shall be designed so as to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions, which would result in hazardous conditions, visual blight, or attractive nuisances.

e. No portion of any antenna, support structure or related equipment shall overhang a property line. This restriction shall apply to any portion of any antennas as they rotate or are in a fixed position.

f. All wireless communication facilities shall comply with the applicable provisions of this ordinance and Chapter (Zoning Ordinance) as well as the California Building Code, California Electrical Code, California Plumbing Code, California Mechanical Code, California Fire Code and rules and regulations imposed by state and federal agencies.

g. No antenna or antenna structure shall be located within the required front yard setback for the main building, in front of the main building, within the required side yard setback of a corner lot or adjacent to any street frontage. This requirement shall apply to antennas as they rotate.

h. Not more than one (1) monopole antenna structure is permitted on any parcel in a Residential Zoning District.

i. No wireless communication facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to the public health. To that end, no facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the FCC's Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the city, county, state or federal government. Absolute compliance with FCC Office of Engineering Technology (OET) Bulletin 65, as amended, is mandatory, and any violation of this section shall be grounds for the City to immediately terminate any permit granted hereunder, or to order the immediate service termination of any non-permitted, noncomplying facility constructed within the City.

j. Existing and new landscaping materials, especially trees, shall be used where possible to screen antenna and antenna towers from off-site views.

2. Design and Operational Standards

a. In order of preference, wireless communication facilities and ancillary equipment shall be located within a building, on a screened rooftop, on a building facade or within in a fenced yard area. Antennas, antenna structures and related equipment shall incorporate architectural, landscape, color and/or other treatments to minimize potential visual impacts.

b. Building mounted antennas shall be in scale and architecturally integrated with the building design in such a manner as to be visually unobtrusive. Screening may include locating the facility within attics, steeples, and towers or within a new architectural addition to a building or structure, which is architecturally compatible with the building.

c. All wireless communication facilities shall be:

i. Substantially screened from the view of surrounding properties, public right-of-way and other public property; or co-located with existing facilities or structures so as not to create substantial visual, noise or thermal impacts; or

ii. Located in areas with substantial existing screening by structures and/or landscaping; or

iii. Designed to appear as natural features found in the immediate area, such as trees or rocks, so as to be effectively unnoticeable.

d. Whenever reasonably feasible as may be determined by the Community Development Director, all facilities shall avoid any unreasonable obstruction of views from neighboring properties.

e. Whenever reasonably feasible as may be determined by the Community Development Director, wireless communication facilities shall be installed in a manner so as to preserve existing landscaping, whether or not it is utilized for screening. Additional landscaping may be required where such vegetation is deemed necessary and appropriate to provide screening.

f. The smallest and least visible antennas as possible should be installed which will reasonably accommodate the operator's communication needs. The applicant shall disclose what antennas and support structures were evaluated, and the selection process used to select the antenna and support structure consistent with this section.

g. The City shall retain the authority to limit the number of antennas and related equipment at any site in order to minimize potential visual impacts.

h. Each facility shall be operated in such a manner so as to minimize any noise impacts.

i. To the extent allowed under applicable federal rules and regulations, the operator of a wireless communication facility shall correct interference problems experienced by any person or entity with respect to equipment such as television, radio, computer, and telephone reception or transmission that are caused by the facility. If a federal agency with jurisdiction over such matters finds that a facility is operating in violation of federal standards, the operator shall bring the facility into conformance with such standards within the conformance period established by the federal agency. In the event that the federal agency does not establish a conformance period, the operator shall bring the facility into conformance within thirty (30) days of notification by the federal agency. The operator is under an affirmative duty to promptly provide the Community Development Director with a copy of any notice of such violation issued by any federal agency. Any violation of the provisions of this section shall be grounds for the City to terminate any permit granted hereunder and/or to order the immediate service termination of the facility. The operator shall be responsible for all labor and equipment costs for determining the

source of the interference, all costs associated with eliminating the interference, (including but not limited to filtering, installing radio frequency cavities, installing directional antennas, powering down systems and engineering analysis), and all costs arising from third party claims against the City attributable to such interference.

E. Special Provisions for Amateur Radio Antennas and Antenna Structures. In addition to the General Requirements in Section 10-2.3.120.D of this ordinance, amateur radio antennas and antenna structures shall be the minimum height and size necessary to reasonably accommodate the operator's communication needs, in accordance with FCC regulations as set forth in FCC Order "PRB-1". Retractable monopoles may be required for antenna structures over 45 feet in height which are in or within three hundred (300) feet of any Residential Zoning District (as defined in Section 10-2.1.303(A) of this Chapter) or in the Open Space/Recreation Zoning District). At times when not in operation, the monopole may be required to be retracted to the lowest elevation possible in order to maintain a safe clearance above any nearby building, accessory structure, overhead utility, landscaping and/or any other site improvements.

F. Special Provisions for Service Provider Facilities. In addition to the General Requirements in Section 102.3.120.D of this ordinance, service provider facilities shall comply with the following requirements:

1. Whenever reasonably feasible, as determined by the Community Development Director, service provider facilities shall be encouraged to be located on City-owned property or public right-of-way.

2. Any service provider facilities that are developed on vacant sites shall be temporary. When such sites are developed, these facilities shall be removed. Such facilities may be replaced with building mounted antennas or other types of appropriate facilities, subject to review and approval by the City in accordance with Section 102.3.122.C. (Review and Approval) of this ordinance.

3. Facilities shall be co-located with existing facilities, whenever reasonably feasible and aesthetically desirable. In order to facilitate future co-location of antennas for other service providers, the conditions of approval shall prohibit the applicant from entering into an exclusive lease for the use of the site.

4. Roof mounted antennas and antenna structures shall not exceed a height of twelve (12) feet above the maximum allowed height limit for the main building in the zoning district in which the facility is located. If there is no height limit for the main building, the antennas and support structures shall not exceed sixty (60) feet in height.

G. Discontinuance of Use. Antennas, support structures and related equipment shall be removed within thirty (30) calendar days of the discontinuation of the use of a wireless communication facility and the site shall be restored to its previous condition. The service provider shall provide the Community Development Department with a notice of intent to vacate the site a minimum of thirty (30) calendar days prior to vacation. For facilities located on City property, this requirement shall be included in the terms of the lease. For facilities located on other sites, the property owner shall be responsible for removal of all antennas, structures and related equipment within thirty (30) calendar days of the discontinuation of the use.

H. Nonconforming Facilities. Any wireless communication facility in existence prior to the effective date of the ordinance codified in this section which is nonconforming to the provisions of this section may continue to be used. Such nonconforming facilities may be operated, repaired and maintained but shall not be enlarged, expanded, relocated or modified to increase the discrepancy between the existing conditions and the requirements of this section. (§3, Ord. 1902, eff. 2/20/97; and by §2, Ord. 1967, eff. 8/31/00; §20, Ord. 2134, eff. 11/20/14; §3, Ord. 2176, eff. 12/8/17; §4, Ord. 2239, eff. 7/5/24)

A. The intent of this section is to limit outdoor sales, service, display and storage to those uses or situations where there is no feasible alternative. Nothing contained herein is intended to apply to residential uses. The parking, loading, or unloading of vehicles in conjunction with a permitted use is not considered outdoor service or storage. Nothing contained herein is intended to add or delete permitted or conditionally permitted uses in any zone district. Where the provisions of other sections of the Zoning Ordinance differ from this, the more restrictive provisions shall prevail.

B. Outdoor sales, service, display of merchandise or products, and storage shall be prohibited in any zone district except as follows:

1. Temporary Uses as allowed pursuant to Sec. 10.2.3.118. Temporary Activity Permits.

2. The sale, rental or leasing of automobiles, trucks, campers, trailer, boats, and other similar large vehicles;

3. The sale of plants.

4. Dog and cat kennels.

5. Gasoline service stations: pumps and display racks for automobile products, provided that the latter:

• a. Occupies no more than twenty square feet;

b. Is maintained either on the pump island or is placed within three feet of the principal building;

c. Is limited to one per street frontage or one per pump island.

6. Lumber and Building Material Yards and Community Facility Maintenance and Service Yards which are completely screened from view from an adjacent public street or highway by a solid wall or building.

7. Agriculture.

8. Public and private recreation uses including, but not limited to: riding academy, golf course, water related activities, archery range, zoo, stadium, park and playground (but not including the ancillary storage of equipment and vehicles).

9. Recreational trailer park or vehicle storage when completely screened from view from an adjacent public street or highway by a solid wall or building.

10. Accessory structures such as pumps, tanks, pipes when it can be demonstrated that an outdoor location is needed for health and safety consideration or when, due to structure size, it is not feasible to locate the structure within a building and Design Review Commission approval has been granted.

11. Recycling facilities as allowed pursuant to Part III, Article 7. Recycling Facilities.

The following supplementary development regulations shall apply to the Service Station, Convenience Market With Gasoline Sales, and Vehicle/Equipment Repair use classifications (except in the Pedestrian Retail Zoning

District):

A. The site area shall be a minimum of fifteen thousand (15,000) square feet;

B. A minimum of fifteen percent (15%) of the site shall be landscaped as follows:

1. Landscaping shall be concentrated at the perimeter of the site to provide adequate screening for the large expanses of pavement;

2. Street frontage landscaping shall be a minimum of seven (7) feet in width.

C. No more than thirty-five percent (35%) of the street frontage shall be devoted to curb cuts. The remaining area shall be devoted to landscaping.

D. No more than twenty percent (20%) of the site shall be covered by a canopy.

E. The pump islands shall be situated to provide stacking space for a minimum of two (2) vehicles behind the vehicle parked at the pump closest to the entrance and/or exit driveway(s);

F. The internal circulation system shall allow for vehicle stacking without blocking ingress and egress on and off the site.

G. Circulation. The on-site circulation patterns shall include adequate driving space to maneuver vehicles around vehicles parked at the pumps, with special attention to the circulation of vehicles not involved in the purchase of fuel.

H. Screening. All exterior mechanical equipment shall be screened from public view or incorporated into the building architecture, with the exception of fuel, air, and water pumps, and electric vehicle chargers.

I. Illumination. Canopies shall not be internally illuminated. All lighting attached to canopies shall be recessed into or under the canopy. All light fixtures shall be shielded and oriented downward.

J. Upon request by the applicant, the Planning Commission, upon recommendation by the Design Review Commission, may permit exceptions to the landscaping, maximum street frontage devoted to curb cuts, and maximum canopy coverage requirements listed above. (§4(4), Ord. 2244, eff. 11/1/24)

The following supplementary development regulations shall apply to Eating and Drinking Establishments with Offsite Distribution and Specialty Food Shops with Offsite Distribution:

A. The off-site distribution of prepared food and or beverages is an accessory use to the eating and drinking establishment or specialty food shop; and

B. The storage of the prepared food and/or beverages for off-site distribution is on the interior of the building; and

C. The off-site distribution does not create additional traffic impacts; and

D. The vehicular circulation and off-site loading facilities are adequate.

A. Purpose. The proportion of people who would find the use of stairs to get to or from a floor, above or below the ground floor, excessively difficult or impossible is significantly greater among people who would qualify as senior citizens than it is among the general adult population. Therefore, this section is intended to require the provision of mechanical aids for that age group wherever such aid is needed.

B. Elevators Required. No building permit shall be issued for any multiple-family or congregate care dwelling which is limited in whole or in part to occupancy by senior citizens and where the entrance to at least ten residential units is off of a common corridor or hallway situated at least six feet above or below the main building entrance, grade level or parking level unless such dwelling is equipped with an elevator that provides access to all floors that are used for human habitation, to any main or grade level entrance and to any separate floor above or below grade used for parking.

C. Application. The provisions of this section shall apply to all zones in which multiple family housing is permitted including the P-D and H-P-D Zones.

All building permit applications submitted on the required form, together with two copies of a plat showing all essential data necessary to check compliance with the provisions of this chapter, shall be reviewed and approved by the Community Development Director if the proposed use conforms to the provisions of this chapter. A copy of the application and permit shall be kept in the office of the Community Development Director.

A. Definition and Types. For the purposes of this section, private residential outdoor space is defined as outdoor space that is usable and accessible only to building residents and their visitors. Private outdoor space may be provided as a combination of “personal” and “common” outdoor spaces, defined as follows:

1. “Common” outdoor space areas provide shared access to outdoor spaces for all building residents. These include:

a. Courtyards.

b. Gardens.

2. Play areas.

• a. Outdoor picnic areas.

• b. Recreation amenities.

c. Rooftop amenities.

3. “Personal” outdoor space areas are intended for private use for each dwelling unit, and are directly accessible only from the unit which they serve. They shall not be used to satisfy any minimum requirements for sustainable stormwater facilities, storage square footage, unusable buffer space, or other unusable outdoor areas. Private outdoor spaces include:

a. Balconies.

b. Private gardens.

c. Private yards.

4. Terraces.

a. Decks.

b. Porches.

B. Provision of Private Outdoor Spaces (ODS). A minimum amount of private outdoor space shall be provided for multifamily residential and residential mixed-use projects as identified in the rate expressed in the table below, and applied to the development as a whole. This can be provided as a combination of personal and common outdoor space, or as otherwise specified below. For example, a project of ten (10) units in the Core Area would require one thousand five hundred (1,500) square feet of private outdoor space total (10 units X 150 square feet), with five (5) units requiring personal outdoor space (e.g., five upper level units X 40 square feet = 200 sf personal) and the remaining one thousand three hundred (1,300) square feet provided as either common and/or personal.

Required Private Outdoor Space

(§4, Ord. 2239, eff. 7/5/24)

Courts shall be provided for all uses described in Section 10-2.1.403(A), Residential Use Classifications, as follows:

A. A court measured as a horizontal plane with minimum dimensions of twenty (20) feet in length and twenty (20) feet in width shall be provided adjacent to the bottom of any primary living room window.

B. A court measured as a horizontal plane with minimum dimensions of ten (10) feet in length and ten (10) feet in width shall be provided adjacent to the bottom of any primary bedroom window.

C. The required yards or courts for multiple primary windows in the same dwelling unit may overlap one another. The required yards or courts for multiple primary windows in different dwelling units may overlap one another only if the primary windows are facing in the same direction and are located on the same wall of a building.

D. Eaves and awnings projecting from the wall containing a primary window may project up to two (2) feet into the court required adjacent to the primary window.

E. Cantilevered balconies projecting from the wall containing a primary window may project up to two (2) feet into the court required adjacent to a primary bedroom window, and up to four (4) feet into the yard or court required adjacent to a primary living room window.

F. In cases where a primary window is recessed not more than four (4) feet into the face of the wall and the recessed area is not large enough to accommodate the required court, the court may be measured from the face of the wall into which the primary window is recessed.

G. In cases where a primary window opens onto a covered patio or balcony serving that same dwelling unit, the covered patio or balcony may project up to four (4) feet into the required yard.

H. Notwithstanding the foregoing, the Design Review Authority, pursuant to Part IV, Article 12, Design Review, may allow exceptions to the dimensional standards and overlap restrictions for yards and courts which are specified above. In granting design review approval, the Review Authority shall find that the interior(s) of the dwelling unit(s) will be provided with visual access to open sky, access to direct or indirect sunlight, and visual

privacy, all equal to or better than what would otherwise be provided through compliance with the standard requirements.

I. Required private (personal and common) outdoor space may be used to satisfy this requirement. (§4, Ord. 2239, eff. 7/5/24)

A. Minimum Illumination Requirements.

1. Security and Parking Areas. Security lighting and lighting in parking, garage, and carport areas shall be maintained with a minimum of one-half (1/2) foot-candle of illumination at the ground level during hours of darkness, with a maximum of four (4) foot-candles. All lighting shall be on a time-clock or photo-sensor system. Lighting used to illuminate parking areas shall be designed and located to prevent light trespass or glare, in accordance with Standard S-2 (Light Trespass). Illumination shall not include low pressure sodium.

2. Passageways. All exterior passageways shall be illuminated with an intensity of at least one-quarter (1/4) footcandle at the ground level during the hours of darkness.

B. Auto Dealer Lighting.

1. Lighting. For automobile dealership outdoor sales, parking, and service areas, illuminance shall be a maximum of thirty (30) foot-candles measured at ground level. Lighting shall be fully shielded and directed away from any adjacent properties.

C. Fixture Height. Fixture mounting height shall comply with the following requirements:

1. Abutting Single-Family Residential Homes or Zones. The maximum height of freestanding outdoor light fixtures abutting single-family residential homes or zones is sixteen (16) feet.

2. Pedestrian Areas. The maximum height of light fixtures for pedestrian pathways, private outdoor space, publicly accessible outdoor space and other areas of high pedestrian activity is sixteen (16) feet.

3. Parking Lots and All Other Locations. For parking lots and all other locations, the maximum height for freestanding outdoor light fixtures shall be twenty (20) feet. (§4, Ord. 2239, eff. 7/5/24)

The following supplementary development regulations shall apply to Eating and/or Drinking Establishments With Take-out Services (Drive-Up):

• A. Drive-Up Aisle Design. Drive-up aisles shall meet the following standards:

1. Drive-up aisles shall accommodate a minimum twenty-four (24) foot turning radius for passenger vehicles.

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

3. The drive-up window shall not be located along the primary street frontage.

B. Drive-Up Stacking Area. A clearly identified stacking area shall be provided for vehicles waiting to enter the drive-up aisle that is separated from the on-site circulation routes necessary for ingress or egress, or access to parking spaces via a physical buffer (e.g., planter strip or curbing) or paint striping. The stacking area shall accommodate a minimum length as determined by the required traffic analysis for each drive-up window to prevent traffic from queuing into the public right-of-way.

C. Driveway and Curb Cuts. Applies only to new development except when proposed and located within an existing shopping center.

1. Driveways shall be a minimum of one hundred (100) feet from any street intersection. For parcels less than one hundred (100) feet wide, driveways shall be located as far as possible from the intersection.

D. Pedestrian Access and Crossings. Pedestrian access shall be provided to the primary entrance with a continuous four (4) foot wide sidewalk or delineated pathway. (§4(4), Ord. 2244, eff. 11/1/24)

*Code reviser's note: Section 4 of Ord. 2244 adds the provisions of this section as Section 10-3.3.126. The section has been editorially renumbered to prevent duplication of numbering.