Exhibit A – Clean Version
Residential Care Facility
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(Supp. No. 5)
Section 20.215.040 Allowable Residential Uses
A. Permit Requirements. Table 20.215-1 identifies the types of land use permits required to establish land uses in the Residential (R) Zones, consistent with this Zoning Ordinance.
B. Residential Land Uses. Permitted uses in the Residential Zones shall be for the express purpose of establishing and protecting residential living environments from the impacts and nuisance of non -residential uses. Table 20.215-2 identifies the permitted land uses and required permit types in all Residential Zones.
Residential uses are intended to be the primary permitted use in all Residential Zones. See Figures 20.215 -1 through 20.215-5 for graphic representations of Zone development standards.
C. Additional Use Regulations. In addition to the regulations, development standards, and provisions of this chapter, all land uses are subject to the specific use standards identified in the "Additional Use Regulations" column of Table 20.215-2; refer to the referenced sections for additional operational standards and regulations applicable to the use. All land uses are also subject to all of the following standards: Chapters
20.320 (Signs on Private Property), 20.330 (Water Efficient Landscape Standards), 20.335 (Walls and Fences),
20.340 (Off-Street Parking and Loading), 20.400 (Specific Use Standards), and 20.515 (Site Development Plan Review).
D. Prohibited Uses. When a use is not specifically listed, that use is prohibited. However, consistent with Section 20.205.030.C (Unlisted and Similar Compatible Uses), the Director shall have the authority to determine whether the proposed use shall be permitted or conditionally permitted based on the finding that the proposed use is similar to and no more detrimental than a particular use perm itted in the Zone.
Table 20.215-2
Residential District Use Classifications
Land Use R-1-20 R-1-7.5/
R-1-10
R-2 R-3-6 R-3-10 Additional Use
Regulations
Residential Uses
Child Care Facility, Large
Family Home
DP DP DP DP DP 20.400.050 (Child
Care Facilities)
Child Care Facility, Small
Family Home
P P P P P 20.400.050 (Child
Care Facilities)
Community Garden DP DP DP DP DP
Duplex - - - - - - P P P
Residential Care Facility,
Large
DP DP CUP CUP CUP 20.400.110 (Care
Facilities)
Residential Care Facility,
Small
P P P P P 20.400.110 (Care
Facilities)
Rooming House - - - - - - - - - CUP CUP
Mobile/Manufactured
Home
P P - - - - - - - - - 20.245.050
Multifamily Dwelling - - - - - - P(2) P P
Planned Residential
Development (PRD)
CUP CUP CUP CUP CUP 20.435 (Planned
Residential
Development)
Private Residential
Garage
P P P P P 20.340 (Off-Street
Parking and Loading)
Single-Family Attached - - - - - - P - - - - - -
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Single-Family Detached P P - - - - - - - - -
Accessory Dwelling
Unit/Accessory Structure
A A - - - - - - - - - 20.410 (Accessory
Dwelling Units and
Accessory Structures)
Supportive Housing P P P(2) P P
Transitional Housing P P P(2) P P
Recreation, Education & Public Assembly Uses
Animal Keeping, Small
and Large
As permitted by Chapter 20.415 20.415 (Animals)
Non-Commercial
Horticulture
P P P P P
Places of Assembly CUP CUP CUP CUP CUP 20.400.160 (Places of Assembly)
Stable, Private A - - - - - - - - - - - - 20.415 (Animals) Stable, Public CUP - - - - - - - - - - - - 20.415 (Animals) Public Park/Open
Space/Recreation
CUP CUP CUP CUP CUP
School CUP CUP CUP CUP CUP
Sport Court, Private DP DP - - - - - - - - -
General Retail Uses
Agricultural/Horticultural,
Plants and Crops
P A - - - - - - - - -
Agricultural/Horticultural,
Plants and Crops
Wholesale Production
DP - - - - - - - - - - - -
Lodging, Bed & Breakfast CUP - - - - - - - - - - - - Industrial, Manufacturing & Processing Uses
Winery/Tasting Room DP - - - - - - - - - - - - 20.425 (Bars, Alcohol- Service, and
Entertainment)
Transportation, Communication & Utility Uses
Antenna or
Communication Facility
CUP CUP CUP CUP CUP 20.465
(Telecommunications
Facilities)
Non-Public Antenna or
Communication Facility
P P P P P 20.465
(Telecommunications
Facilities)
Public Utilities CUP CUP CUP CUP CUP
(Ord. 2017-1445, 7/11/2017 - Amended)
Notes:
See Table 20.215-1 for permit types.
2. ;hg;Limited to duplex, and 3- and 4-unit buildings designed in massing/character to appear as a single-family home, except where modified by a Planned Residential Development.
E. Site Development Plan Review Required. All attached residential developments, including all projects that comply with the allowed land use and development standards of this chapter, shall be submitted for Site Development Plan Review to the Planning Division; see Chapter 20.515 (Site Development Plan Review).
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1. Multifamily Site Development Plan Review and a Planning Commission hearing is required for all projects applications of two (2) or more units in the R-2 and R-3 Zones.
2. Multifamily Site Development Plan Review and hearing before the Planning Commission and City Council are required for all project applications for ten (10) or more units in the R -2 and R-3 Zones.
F. Planned Residential Development. A CUP for a PRD may be permitted in all the Residential (R) Zones; see Chapter 20.435 (Planned Residential Development).
Within a PRD, single-family detached, single-family attached, duplex, and multifamily dwellings in a range of configurations may be permitted. These configurations may include a standard subdivision; alley loaded, cluster, or small-lot development; or courtyard site plans.
G. Outdoor Lighting. Any outdoor lighting affiliated with a non-residential, accessory, or animal use noted in Table 2.215-2 shall require a Director's Permit (DP) to ensure compatibility with adjacent uses. This may include sport courts and horse arenas. All other lighting shall be consistent with Section 20.300.080 (Light and Glare Standards).
H. On-Site Gardening Activities.
1. Within the R-1 Zones, non-commercial gardens for the raising of vegetables, flowers, fruit and nut trees, vines, and ornamental trees and shrubs is permitted by right.
2. Within the R-1-20 Zone, agricultural and horticultural activities may be allowed, subject to a DP. Such activities may include commercial, wholesale, greenhouses, and nurseries for producing vines, trees, and other horticultural stock.
3. On-site packaging and processing shall not be permitted, even if conducted within a residence or accessory structure.
Section 20.220.040 Allowable Commercial Uses and Permit Requirements A. Permit Requirements. Table 20.220-1 identifies the types of land use permits required to establish land uses in the Commercial Zones consistent with this Zoning Ordinance. All permit requirements shall be subject to the process standards of Chapter 20.500 (Permits and Applications Process).
B. Commercial Zone Land Uses. Table 20.220-2 identifies the permitted land uses in all Commercial Zones.
1. Commercial uses are intended to be the primary permitted use in the C and NC Zones.
2. Land uses in the OP Zone should be characterized by business, office, and service uses.
3. The SR Zone is intended for older adult and assisted living, supported by commercial services appropriate for this setting.
C. Additional Use Regulations. In addition to the regulations, development standards, and provisions of this chapter, all land uses are subject to the specific use standards identified in the "Additional Use Regulations" column of Table 20.220-2; refer to the referenced sections for additional operational standards and regulations applicable to the use. All land uses are also subject to all of the following standards: Chapters
20.320 (Signs on Private Property), 20.330 (Water Efficient Landscape Standards), 20.335 (Walls and Fences),
20.340 (Off-Street Parking and Loading), and 20.400 (Specific Use Standards).
Table 20.220-2
Commercial Zone Permitted Uses
Land Use(1) C NC OP SR Additional Use Regulations
Residential Uses
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Adult Residential Facility - - - - - - - - - DP Section 20.400.110 (Care Facilities)
Residential Care Facility, Small - - - - - - - - - P Section 20.400.110 (Care Facilities)
Residential Care Facility, Large - - - - - - - - - DP Supportive Housing - - - - - - - - - P
Transitional Housing - - - - - - - - - P
Senior/Age-Restricted Dwelling - - - - - - - - - P 20.515 (Site Development Plan Review)
Recreation, Education, and Public Assembly Uses
Child Care Facility, Daycare
Center
DP DP DP - - - 20.400.050 (Child Care
Facilities)
Club DP DP DP - - -
College, Nontraditional Campus
Setting
DP - - - DP - - - Note 2; Note 3
College, Traditional Campus DP - - - DP - - -
Conference/Convention Center CUP - - - CUP - - -
Extended Care Facility - - - - - - - - - P
Museum, Library, or Gallery P P A
Outdoor Recreation Facility A - - - A A
Places of Assembly DP DP DP DP Note 2; Note 3; Section
20.400.160 (Places of
Assembly)
School CUP - - - CUP - - -
General Retail Uses Note 2
Adult Entertainment Business CUP - - - - - - - - - Chapter 20.405 (Adult Entertainment Establishments)
Animal Shelter DP - - - - - - - - -
ATM, Interior to
Building/Vestibule
P P P P Section 20.400.030 (ATMs)
ATM, Freestanding
Exterior/Exterior Wall
P P P P Section 20.400.030 (ATMs)
Automotive Fueling Station CUP - - - - - - - - - Chapter 20.420 (Automotive Services)
Automotive Rentals DP - - - - - - - - - Section 20.400.040 (Automotive Sales and Rentals)
Automotive Sales, New CUP - - - - - - - - -
Automotive Sales, Used CUP - - - - - - - - - Section 20.400.040 (Automotive Sales and Rentals)
Automotive Sales, Wholesale P - - - P - - -
Automotive Sales, Other
Vehicle Sales
CUP - - - - - - - - - Section 20.400.040
Bar CUP - - - - - - - - - Chapter 20.425 (Bars, Alcohol- Service, and Entertainment)
Catering P - - - - - - - - -
Cigar Lounge/Smoke Shop P - - - - - - - - -
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Commercial Entertainment P - - - - - - - - - Chapter 20.425 (Bars, Alcohol- Service, and Entertainment)
Commercial Recreation, Indoor DP - - - - - - CUP-A
Drive-Through Facility CUP - - - - - - - - - Section 20.400.070 (Drive- Through Services)
Employee Services A - - - A A
Funeral Home/Mortuary CUP - - - - - - - - -
Hookah Lounge - - - - - - - - - - - - Prohibited in all Zones Kiosk (stand-alone) DP - - - - - - - - -
Lodging, Hotel <50 Rooms P - - - CUP - - -
Lodging, Hotel 50+ Rooms P - - - CUP - - -
Lodging, Motel CUP - - - CUP - - -
Market, Grocery/Supermarket P P - - - - - -
Market; Specialty Food and
Beverage
P P - - - - - -
Market; Liquor P P - - - - - -
Market; Convenience P P - - - A
Merchandise Sales, Discount DP DP - - - - - -
Merchandise Sales, New Retail
>100,000 s.f.
P P - - - - - -
Merchandise Sales, New Retail
<100,000 s.f.
P P - - - DP
Merchandise Sales, Showrooms P - - - - - - - - -
Merchandise Sales, Used/Pawn DP - - - - - - - - -
Nightclub CUP - - - - - - - - - Chapter 20.425 (Bars, Alcohol- Service, and Entertainment)
Nursery (Retail-Plant) P - - - - - - - - -
Outdoor Dining P P P P Section 20.400.150 (Outdoor Dining)
Parking Facility, Enclosed
Freestanding
CUP CUP CUP CUP
Parking Lot Sales T - - - - - - - - - Chapter 20.455 (Temporary Events)
Restaurant, Sit-Down P P P A
Restaurant, Take-Out P P DP A
Office, Professional, and Business Support Services 20.220.050.C Business Support Service P P P A
Financial Institution P - - - P - - -
Financial Institution, with
Drive-Through
CUP - - - - - - - - -
Internet-Based Sales P P P - - -
Medical; Hospital CUP - - - CUP - - -
Medical; Urgent Care DP DP DP A
Office; Corporate, Regional
Administrative, Business, and
Professional
P P P - - -
Office; Government DP - - - P - - -
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Office; Medical, Dental, and
Holistic
P P P A
Research and Development
(R&D)
- - - - - - P - - - Section 20.400.170 (R&D Uses)
Technical/Scientific/Medical
Laboratory, Incidental Uses
- - - - - - P - - - Section 20.400.170 (R&D Uses)
Service Uses(2)
Animal Sales and Services P - - - - - - - - -
Automotive Services, Repair DP - - - - - - - - - Note 3, Chapter 20.420 (Automotive Services)
Automotive Services,
Washing/Detailing
CUP - - - - - - - - - Chapter 20.420 (Automotive
Services)
Dry Cleaning or Laundry,
Agency
P P P A
Massage, Accessory Use P P - - - - - - Note 4; 20.400.250 (Ord. No. 2017-1443, 6-13-2017)
Massage Establishment P P - - - - - - Note 4; 20.400.250 (Ord. No. 2017-1443, 6-13-2017)
Personal Services, General P P - - - DP
Personal Services,
Fitness/Health Facility
DP DP DP A
Personal Services, Instructional DP DP DP - - -
Tattoo and/or Body Art Facility P - - - - - - - - - Industrial, Manufacturing, and Processing Uses(2)
Commercial Bakery P P - - - - - - Including associated thrift shop outlets
Industrial Design and Services - - - - - - P - - - Limited to on-site support; Section 20.400.170
Recycling Facilities 20.445
Small Collection Facility P P - - - - - - Limited to locations behind main building
Reverse Vending P P P - - -
Transportation, Communication, and Utility Uses(2)
Non-Public Antenna or
Communication Facility
P P P P Chapter 20.400
Antenna or Communication
Facility
P P P P Chapter 20.465
(Telecommunications Facilities)
Transportation Dispatch Only P P P - - -
Notes: For definitions, see Table 20.220-1.
R&D = research and development s.f.=square feet
1. All land uses are subject to the following standards: Chapters 20.320 (Signs on Private Property), 20.330 (Water Efficient Landscape Standards), 20.335 (Walls and Fences), 20.340 (Off-Street Parking and Loading), and 20.400 (Specific Use Standards).
2. Business, including merchandising and sales, shall be conducted entirely within an enclosed building, except as identified in Table 20.220-2, where outdoor business is permitted subject to a Conditional Use Permit (CUP).
3. A Director's Permit (DP) shall be required for the establishment of the land use in an existing building to ensure that adequate parking and student services are provided and to minimize effects on other land uses within the building or site. A CUP shall be required for the establishment of a use in conjunction with a new building (development of the building in conjunction with the use).
4. Businesses where massage is performed as Massage, Accessory Use and Massage Establishments are permitted by right when all persons performing massage services possess a current, valid and authentic certificate issued by the California Massage Therapy Council. Unless otherwise expressly exempt, all businesses where massage is performed as Massage, Accessory Use and Massage Establishments shall be subject to Chapter 5.44 and Title 5 of this Municipal Code.
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(Ord. No. 2017-1443, 6-13-2017)
D. Prohibited Uses. When a use is not specifically listed, that use is prohibited. However, consistent with Section 20.205.030.C (Unlisted and Similar Compatible Uses), the Director shall have the authority to determine whether the proposed use shall be permitted or conditio nally permitted based on the finding that the proposed use is similar to and no more detrimental than a particular use permitted in the Zone.
Section 20.340.040 Required Number of Parking Spaces
The requirements of this Section shall be applied uniformly, based on land uses, regardless of the Zone in which a land use is to be located, unless otherwise specified.
A. Minimum Standards. Every use shall provide at least the minimum number of off-street parking spaces required by Table 20.340-1 (see Section 20.340.090 (Bicycle Parking) for bicycle parking requirements).
Reductions to the parking requirements may be permitted, subject to compliance with the provisions of Section 20.340.050 (Off-Street Parking and Trip Reduction Measures). Required parking space dimensions, based on parking configuration, are established in Table 20.3403, Section 20.340.060 (Off - Street Parking Size and Location).
B. Uses Not Listed. Parking requirements for uses not specifically listed in Table 20.340 -1 will be determined by the Director, based on comparable uses in the Table or through a parking demand analysis of similar facilities in the region.
C. Mixed Use Sites. Where multiple land uses are combined within a single building, structure, or parcel, off-street parking facilities for a single use shall not be considered as providing required parking facilities for any other uses. The aggregate number of parking spaces for each separate use, required by this chapter, shall be met, except where otherwise specified and a reduction of parking is allowed in compliance with Section 20.340.050 (Off-Street Parking and Trip Reduction Measures).
D. Rounding Calculations. Calculations resulting in a fractional number shall be treated as follows: one (1) parking space is required for fractions of one-half (0.5) or greater; no additional parking space is required for fractions of less than one-half (0.5).
E. Calculations.
1. Gross Floor Area Calculations. Gross floor area calculations are based on the area within the surrounding exterior walls of a building or any portion, thereof, including shared bathroom spaces, storage areas, and areas for circulation.
2. Seating Calculations. Where fixed seats provided are either benches, bleachers, or pews, such seats shall be calculated at one (1) seat per eighteen (18) inches and one (1) seat per twenty -four (24) inches of booth length for dining.
3. Assembly Area Calculations. All rooms or areas that can be logically used for seating, in addition to any fixed seating area, shall be calculated in determining the parking requirement for assembly areas.
Table 20.340-1
Parking Requirements by Land Use
Land Use Minimum Required Parking Additional Use Regulations Residential Uses
Animal Keeping, Small None required
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Accessory Dwelling Unit/Accessory
Dwelling (Ord. 2017-1445,
7/11/2017)
1 space/accessory dwelling unit
Caretaker Unit 1 space Interior dimension: 20 feet x 20 feet
Child Care Facility, Large Family
Home
Required residential unit parking
spaces and 1 space/2 employees
Tandem parking is permitted in
driveways; vehicles cannot
encroach into public rights-of-way
Child Care Facility, Small Family
Home
Required residential unit parking
spaces
Tandem parking is permitted in
driveways; vehicles cannot
encroach into public rights-of-way
Community Garden None required.
Duplex 2 spaces/unit; guest parking: 1
space/3 units
1 space shall be covered
Emergency Shelter 1 space/4 beds
Farm Employee Housing, Large 1 space/unit Space shall be covered Farm Employee Housing, Small
Live/Work Space or Live/Work Unit Refer to live/work requirements under Section 20.340.040.F, Table
20.240-2
Mobile/Manufactured Home 2 covered spaces/mobilehome; 1 guest space/6 mobilehomes
Tandem parking is permitted
Mobile/Manufactured Home Mini
Park
Mobile/Manufactured Home Park
Multifamily Dwelling Studio: 1 space/unit;
1 Bedroom Unit: 1.5 space/unit
2+ Bedroom Unit*: 2 spaces/unit;
1 space shall be covered Guest
Parking: 1 space/3 units
*1 garage space shall be provided
for condominiums, duplexes,
townhomes, patio homes.
Apartments shall provide one
covered parking space (garage or
carport) of the required ratio.
Additional multifamily
requirements are provided in
Section 20.340.040.G
Multifamily Dwelling, Affordable
Housing (deed restricted)
1.7 spaces/unit Additional multifamily
requirements are provided in
Section 20.340.040.G
Non-Commercial Horticulture None required.
Planned Residential Development
(PRD)
Sum of individual parking
requirements for each use;
residential parking by bedroom
count
Chapter 20.435 (Planned
Residential Development)
Private Residential Garage None required.
Recreational Vehicles (RVs)/Parks To be determined by the Director during SDP or CUP review process.
Residential Care Facility, Small &
Large
1 space/3 residents Provision of parking shall be based on the population served and level
of care provided at the facility.
Minimum requirements here are
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guidelines for establishing
appropriate service levels on a case
by case basis at time of SDP review
Rooming House 1 space/room; plus 2 spaces
Senior/Age-Restricted Dwelling or
Unit
1.25 spaces/unit Satisfies resident and visitor
parking
Single-Family Attached 2 spaces/unit 1 space shall be covered Single-Family Detached ≤3,000 s.f. unit: 2 attached covered spaces required;
>3,000 s.f. unit: 3 attached covered
spaces required
See Table 20.340-5 for additional
standards; Section 20.340.060.H
Sport Court, on a Residential Lot None required. Residential Zones only.
Supportive Housing Studio: 1 space/unit
1 Bedroom Unit: 1.5 space/unit
2+ Bedroom Unit: 2 spaces/unit; 1
space shall be covered, Guest
Parking: 1 space/3 units
Transitional Housing 2 covered spaces/unit
Recreation, Education & Public Assembly Uses
Animal Keeping, Large 1 space/250 s.f. gross floor area Assembly and Recreation To be determined by the Director during SDP or CUP review process.
Automobile Parking Lot or Storage
Garage (Enclosed or Freestanding)
Adequate for facility, building, or
area served.
Cemetery As provided by internal circulation
system.
Child Care Facility, Daycare Center 1 space/2 employees plus 1 space/5 children (per maximum
capacity) or 1 space/10 children
where adequate drop-off facilities
are provided per 20.340.040.I.1.
Club 10 spaces/1,000 s.f. of assembly
floor area
College, Nontraditional Campus
Setting
3 spaces/1,000 s.f.
College, Traditional Campus 1 space/3 non-resident students; plus 1 space/3 employees and
faculty
Conference/Convention Center To be determined at time of Site Development Plan Review
Extended Care Facility To be determined by the Director during SDP or CUP review process.
Museum, Library, or Gallery 1 space/350 s.f. gross floor area Section 20.340.040.C Outdoor Recreation Facility To be determined by the Director during SDP or CUP review process.
Places of Assembly 1 space/4 fixed seats or 1 space/50 s.f. assembly floor area with no
fixed seating
Section 20.340.040.C
Public Buildings and Facilities
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Public Maintenance Buildings and
Facilities
To be determined at time of
application based on
building/facility purpose.
Public Park/Open Space/Recreation To be determined by the Director during SDP or CUP review process.
Recreation Facilities/Park
(Manufactured Home Park Zone)
To be determined by the Director
during SDP or CUP review process.
School Elementary or Secondary School:
1.5 spaces/classroom; 1 space/2
employees; and 1 space/75 s.f.
multipurpose/auditorium floor
area
High School: 1 space/2 employees
and 1 space/5 students
Small Wind Energy Systems No parking required. Only applies to private facilities in Residential Zone.
Sport Court, Lighted & Unlighted 3 spaces/court and/or 1 space/200 s.f. gross floor area
Stable, Private None required.
Stable, Public 1 space/4 stalls and/or enclosures
Swimming Pool/Sauna/Hot Tub No parking required. Only applies to private facilities in Residential Zone
Agricultural Uses
Agricultural/Horticultural, Non-
Commercial
No parking required.
Agricultural/Horticultural,
Commercial
1 space/250 s.f. gross floor area
plus 1 space/1,000 s.f. outdoor
area usage
Agricultural/Horticultural,
Processing and Packaging
1 space/250 s.f. gross floor area
plus 1 space/1,500 s.f. outdoor
area/greenhouse space
Small Animals
Plants and Crops
Wholesale Production 1 space/3 employees plus on-site
area for 1 commercial
loading/unloading vehicle
Only applies in R-1-20 Zone
Greenhouse/Nursery 1 space/250 s.f. gross floor area;
plus 1 space/1,500 s.f. outdoor
area usage
Commercial Production
Retail
Sales Stand 2 spaces
General Retail Uses
Adult Entertainment Business 1 space/250 s.f. gross floor area plus 1 space/2 employees
Animal Shelter 1 space/250 s.f. gross floor area
ATM, Freestanding
Exterior/Exterior Wall
1 space/ATM, plus queue space for
5 cars for drive-through facilities
ATM, Interior to Building/Vestibule 1 space/ATM; on-street parking may satisfy requirements at the
discretion of the Director.
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Automotive Fueling Station 1 space/1,000 s.f. minus
convenience store area; plus 3.3
spaces/1,000 s.f. convenience
store; plus 5 queue spaces for self-
service auto wash
Automotive Rentals 2.5 spaces/1,000 s.f.
Automotive Sales, New 1 space/400 s.f. interior showroom floor area and office plus 1
space/2,000 s.f. outdoor display
area plus 1 space/300 s.f. floor
area for the parts department
Automotive Sales, Other Vehicle
Sales
1 space/1,000 s.f. interior
showroom floor area plus 1
space/1,000 s.f. outdoor display
area plus 1 space/350 s.f. office
floor area
Automotive Sales, Used
Automotive Sales, Wholesale
Bar 1 space/3 seats or 1 space/100 s.f.
gross floor area whichever is
greater
Catering 2.5 space/1,000 s.f. gross floor area
Catering, Food Truck Per issued food facility permit
requirements
Cigar Lounge/Smoke Shop 1 space/250 s.f. gross floor area Commercial Artist/Production
Studio
1 space/350 s.f. gross floor area
Commercial Entertainment 1 space/3 seats up to 800 seats then 1 space/6 seats +1
space/employee
Commercial Recreation, Indoor 1 space/250 s.f. gross floor area; plus 1 space/employee
Commercial Recreation, Outdoor 4 spaces/court and/or 1 space/200 s.f. gross floor area
Drive-Through Parking per primary land use Refer to stacking per Section
20.340.040.H
Dry Cleaning or Laundry, Plant 1 space/500 s.f. gross floor area Employee Services 3 spaces/1,000 s.f.
Funeral Home/Mortuary 14 spaces/1,000 s.f.
Kiosk (stand-alone) 2 spaces
Lodging, Bed & Breakfast 1 space/guest room; plus 2 spaces Lodging, Hotel 1 space/guest room; plus 10
spaces/1,000 s.f. banquet,
assembly, meeting, or restaurant
floor area or 1 space/8 seats; for
accessory retail uses greater than
5,000 s.f.: 2.5 spaces/1,000 s.f.
Additional parking per standards if
additional uses (e.g., restaurants,
conference/convention centers)
are open to public patronage
Lodging, Motel
Market, Grocery/Supermarket 1 space/250 s.f. gross floor area Market; Convenience
Market; Liquor
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Market; Specialty Food and
Beverage
Merchandise Sales, Discount 1 space/250 s.f. gross floor area Merchandise Sales,
New Retail <100,000 s.f.
Merchandise Sales,
New Retail <30,000 s.f.
Merchandise Sales,
New Retail >100,000 s.f.
1 space/250 s.f. gross floor area
Merchandise Sales, Showrooms
Merchandise Sales, Used/Pawn
Moving Company 1 space/4,000 s.f. gross floor area
Nightclub 1 space/30 s.f. of dance floor area;
1 space/100 sf of bar/seating area
Nursery (Retail-Plant) 1 space/250 s.f. gross floor area plus 1 space/1,000 s.f. outdoor
area usage
Outdoor Dining Area comprising less than 25% of
indoor seating shall not require
additional parking; area greater
than 25% of the indoor spaces shall
require 1 space/150 s.f.
Parcel Delivery Service 1 space/250 s.f. gross floor area For office space; 1 space/500 s.f.
gross floor area
Parking Facility, Enclosed
Freestanding
No parking required.
Parking Lot Sale No parking required for temporary
events; minimum of 80% of parking
lot shall be available for parking
during event.
20.455 Temporary Events
Restaurant, Sit-Down and/or Take-
Out
1,000 s.f. or less: 1 space/250 s.f.
gross floor area plus 2 employee
spaces;
1,001-4,000 s.f.: 1 space/3 seats or
1 space/100 s.f. gross floor area
whichever is greater; plus 3
employee spaces;
4,001 s.f. and larger: 1 space/3
seats or 1 space/100 s.f. gross floor
area whichever is greater; plus 1
space/employee
Office, Professional, and Business Support Services
Business Support Service 4 spaces/1,000 s.f. gross floor area Financial Institution 4 spaces/1,000 s.f. gross floor area; for drive-through facilities, refer to
stacking per Section 20.340.040.H
Financial Institution, with
Drive-Through
Internet-Based Sales 1 space/350 s.f. gross floor area
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Medical; Hospital 1 space/3 beds plus 1 space/250
s.f. administration
Medical; Urgent Care 1 space /200 s.f. gross floor area Office; Corporate, Regional
Administrative, Business, and
Professional
4 spaces/1,000 s.f. gross floor area
Office; Government 5 spaces/1,000 s.f. gross floor area Office; Medical, Dental, and
Holistic
5 spaces/1,000 s.f. gross floor area Including massage establishments.
Research and Development (R&D) 3 spaces/1,000 s.f. gross floor area R&D Fabrication and Light
Manufacturing
1 space/500 s.f. gross floor area
Technical/Scientific/Medical
Laboratory, Incidental Uses
1 space/350 s.f. gross floor area
Service Uses
Animal Sales and Services 2.5 spaces/1,000 s.f. gross floor area
Auctions, Indoor 1 space/3 fixed seat, or 1
space/100 s.f. assembly space
Automotive Services, Repair 1 space/800 s.f. gross floor area + 1 for every employee
Automotive Services,
Washing/Detailing
2 spaces/1,000 s.f.; plus queue
spaces for minimum of 5 cars
Dry Cleaning or Laundry, Agency 1 space/250 s.f. gross floor area Equipment Rental Yards 1 space/250 s.f. gross floor area plus 1 space/10,000 s.f. outdoor
area usage
Firearm Shooting Range (Indoor)
(Ord. No. 2016-1419, 2-23-2016)
1.25 parking spaces/shooting lane,
plus 1 parking space for every 250
square feet of retail and office
area, plus 1 parking space for every
4,000 square feet of
storage/warehouse area
Massage Establishment 1 space/treatment room; plus 1
space/employee
Massage, Accessory Use
Personal Services, Fitness/Health
Facility
1 space/250 s.f. gross floor area;
plus 1 space/employee
Personal Services, General 1 space/300 s.f. gross floor area Personal Services, Instructional 1 space/250 s.f. gross floor area; plus 1 space/employee
Tattoo and/or Body Art Facility 1 space/250 s.f. gross floor area; plus 1 space/employee
Industrial, Manufacturing & Processing Uses
Boat Building 1 space/500 s.f. gross floor area
Building Material Storage & Sales
Yard
1 space/10,000 s.f. gross storage
area (indoor or outdoor) plus
parking for office floor area per this
Table
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Commercial Bakery 1 space/500 s.f. gross floor area + 1 space for every 200 s.f. of service
area open to public
Contractor Office & Services Per square footage of individual uses per this Table
Food Processing 1 space/750 s.f. processing floor
area plus 1 space/300 s.f. office
gross floor area
Fueling Station; Fleets 1 space/300 s.f. office space plus 1 space/4 bays
Furniture and Carpentry 1 space/500 s.f. gross floor area Industrial Design and Services 1 space/400 s.f. gross floor area except office area shall provide 1
space/300 s.f. gross floor area and
retail area shall provide 1
space/250 s.f. gross floor area
Section 20.340.040.C
Machine Repair Shop 1 space/500 s.f. gross floor area
Manufacturing and Assembly 1 space/500 s.f. gross floor area plus 1 space/300 s.f. office gross
floor area
Metal Working Shop 1 space/500 s.f. gross floor area
Microbrewery/Tasting Room 1 space/500 s.f. gross floor area Microbrewery/Tasting Room with
Restaurant
1 space/500 s.f. gross floor area
plus 1 space/3 seats, plus 1 space/2
employees
Newspaper Printing 1 space/500 s.f. gross floor area
plus 1 space/300 s.f. office gross
floor area
Outdoor Storage, Accessory Use 1 space/10,000 s.f. gross storage area (indoor or outdoor) plus
parking for office floor area per this
Table
Section 20.340.040.C
Outdoor Storage, Primary Use
Renewable Energy
Harvesting/Production
To be determined at time of
application review.
Self-Storage 3 spaces, plus 1 space/100 units
Warehousing, Indoor 1 space/4,000 s.f. gross floor area plus parking for office floor area
per this Table
Section 20.340.040.C
Water Treatment and Filtering
Services
To be determined at time of Site
Development Plan Review
Wholesale, Processing, and
Distribution
1 space/4,000 s.f. gross floor area;
or 1 space for each employee and
employer, whichever is greater.
Winery/Tasting Room 1 space/500 s.f. gross floor area
Transportation, Communication & Utility Uses(2)
Antenna or Communication Facility No parking required; sufficient usable on-site area shall be
provided for employee/service
agents and loading activities
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Non-Public Antenna or
Communication Facility
To be determined at time of
application review.
Parking; Fleets No parking required
Public Utilities
Transportation Dispatch Only 2 spaces/1,000 s.f.; plus 1 space/commercial vehicle
Transportation Dispatch, Fleet
Usage
Recycling Facilities
Small Collection Facility 2 spaces/1,000 s.f.; plus 1
space/bin
Large Collection Facility
Small Processing Facility 1 space/400 s.f. gross floor area Large Processing Facility
Reverse Vending 2 spaces
F. Mixed Use Parking Requirements
Table 20.340-2
Mixed Use Parking Requirements
Land Use Minimum Required Vehicular
Parking
Minimum Required
Motorcycle Parking
Minimum Required Bicycle
Parking
Residential
Studio
1 Bedroom
Unit
2 Bedroom
Unit
3+
Bedroom
Unit
1 space/unit
1.25 space /unit
1.75 spaces/unit
2.0 spaces/unit
0.1 space per studio
0.1 space per unit
0.1 space/unit
0.1 space/unit
0.5 space per studio
0.5 space per unit
0.75 space/unit
1 space/unit
Senior
Housing
0.8 space/unit 0.1 space/unit 0.5 space/unit
Live-Work
Units
≤ 2,000 s.f.: 1 space
> 2,000 s.f.: 2 spaces
0.25 space/1,000 s.f. per unit
0.25 space/1,000 s.f. per unit
.75 space/1,000 s.f. per unit
.75 space/1,000 s.f. per unit
Non-
Residential
3 spaces/1,000 s.f. 0.75 space/1,000 s.f. per unit .75 space/1,000 s.f. per unit Restaurants
Sit-down
Take-out
8.5 spaces/1,000 s.f.
6.5 spaces/1,000 s.f.
1 space/1,000 s.f.
0.25 space/1,000 s.f.
2 spaces/1,000 s.f.
0.5 space/1,000 s.f.
G. Additional Multifamily Requirements
1. Residential projects and Mixed Use projects with residential components that provide required uncovered parking shall assign parking spaces by dwelling unit. Spaces shall be clearly marked to denote assigned parking. For the convenience of tenants and guests, parking spaces shall be located as close as possible to the unit or common facility it is intended to serve. The project applicant shall submit a Parking Management Plan during the Site Development Plan Review.
2. Required guest parking shall be provided, per the requirements in Table 20.340-1 and shall be clearly marked. Guest parking need not be in addition to required residential parking when parking spaces are not assigned.
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3. Parking spaces adjacent to non-residential tenants shall be clearly marked for customer parking and shall not permit residential assigned parking.
4. All permanent, assigned, and unassigned spaces must be full sized spaces, nine (9) feet wide by eighteen (18) feet long. Unassigned spaces are permitted to include compact spac es, evenly distributed throughout the project.
H. Drive-Through Facilities/Stacking Capacity. For drive-through facilities that permit transaction of business directly with customers within a motor vehicle, the minimum length provided per vehicle for stacking capacity of vehicles in a drive-through service lane shall be twenty-five (25) linear feet. The total stacking capacity required shall be determined through CUP review and approval.
I. Prohibited Uses and Exceptions
1. Daycare or Commercial Child Daycare. Required parking may be reduced per the standards of Table 20.340-1 where adequate drop-off facilities are provided. a. Drop-off facilities shall be designed to accommodate a continuous flow of vehicles to safely load and unload children. Adequacy will be determined by the approval authority during project application review.
2. Overnight Parking. Outside overnight parking is prohibited for vehicles associated with repair activities and fueling/service stations.
J. Permitted Off-Site Parking. Off-site parking may be used to comply with the required off-street parking, subject to the provisions of Section 20.340.080 (Off-Site Parking Alternatives).
Section 20.600.050 "C" Definitions
California Environmental Quality Act (CEQA). CEQA is the State law implemented by the City's Environmental Policy Guidelines and contained in the California Public Resources Code Section 21000 et seq.
Definitions of other CEQA-related terms are located in the City's Environmental Policy Guidelines.
California Public Utilities Commission. The governmental agency that regulates the terms and conditions of public utilities in the State.
Caliper. The thickness of trees as measured in inches, feet, etc. Trunk diameter for trees up to four (4) inches shall be measured six (6) inches above the soil line, and all trees more than four (4) inches in diameter will be measured fifty-four (54) inches above the soil line.
Cannabis. Cannabis shall have the same meaning as the definition set forth in California Business and Professions Code Section 26001, as that Section may be amended from time to time. Notwithstanding any provisions of Business and Professions Code Section 26001, the term "Cannabis" shall also include all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds of the plant; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or re sin. "Cannabis" shall also include the separated resin, whether crude or purified, obtained from cannabis. Whenever the term "Cannabis" is used throughout this Code, the term may include Medicinal Cannabis and/or Non -Medicinal Cannabis. "Cannabis" shall not include either of the following:
1. "Industrial hemp" as defined by California Health and Safety Code Section 11018.5; or
2. The weight of any other ingredient combined with Cannabis to prepare topical or oral administrations, food, drink or other product.
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Cannabis Cultivation, Indoor (land use). Cannabis Cultivation, Indoor (land use) shall have the same meaning as the definition set forth in California Business and Professions Code Section 26001, as that Section may be amended from time to time. Notwithstanding any provisions of Business and Professions Code Section 26001, the term "Cannabis Cultivation, Indoor (land use)" shall also include the planting, growing, harvesting, drying, cleaning, curing, grading, trimming, packing, storing or handling of Cannabis, Cannabis Products and/or the byproducts of the Cannabis Products, and any and all associated business and/or operational uses and activities that occur to the extent permitted by State law and in compliance with Section 20.400.045 of this Zonin g Ordinance.
Cannabis Cultivation, Outdoor (land use). Cannabis Cultivation, Outdoor (land use) shall have the same meaning as the definition set forth in California Business and Professions Code Section 26001, as that Section may be amended from time to time. Notwithstanding any provisions of Business and Professions Code Section 26001, the term "Cannabis Cultivation, Outdoor (land use)" shall also include the planting, growing, harvesting, drying, cleaning, curing, grading, trimming, packing, storing or handling of Cannabis, Cannabis Products and/or the byproducts of the Cannabis Products, and any and all associated business and/or operational uses and activities that occur at any location that is not within a fully enclosed and secure structure. Cannabis Cultivation, Outdoor is a prohibited use under Section 20.205.030 of this Zoning Ordinance.
Cannabis Products. Cannabis Products shall have the same meaning as the definition set forth in California Business and Professions Code Section 26001, as that Section may be amended from time to time.
Notwithstanding any provisions of Business and Professions Code Section 26001, the term "Cannabis Products" shall also include Cannabis that has undergone a process whereby the plant material has been transformed int o a concentrate, including, but not limited to, concentrated Cannabis, or an edible or topical product containing Cannabis or concentrated Cannabis and other ingredients. Whenever the term "Cannabis Products" is used throughout this Code, the term may include Medicinal Cannabis and/or Non-Medicinal Cannabis Products.
Caretaker Unit (land use). A dwelling unit on the site of a commercial, industrial, public or semi-public use, occupied exclusively by a guard or caretaker and his/her family, and may include a single housekeeping unit. Only one (1) caretaker unit is allowed on a single site and shall be on the same parcel as the permitted use needed continual supervision.
Carpentry. See "Furniture and Carpentry."
Carport. A permanently covered building open on one (1) or more sides used for automobile shelter and storage. Canvas, fiberglass, lath, vegetation, or other similar material are not ordinary roof coverings and cannot be used in providing covered spaces for a carport.
Cat. A feline that has reached the age of 4 months.
Catering (land use). Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption.
1. Food Truck. A mobile food vendor operating a fully self-contained unit with valid State of California registration that sells only food and beverage and that uses no outside cooking area. Mobile food vendors stopping for sales of less than thirty (30) minutes at a single site shall not be considered food trucks. Catering facilities with food truck operations shall be subject to additional storage, parking and screening requirements.
Cemetery (land use). An area or property primarily utilized for the accommodation of graves, tombs, or funeral urns; this may be a standalone burial ground or in conjunction with a mortuary or churchyard.
Certificate of Completion. A written document required prior to occupancy, issued for a use upon a developer's compliance with the provisions of this code and any applicable develop ment agreements.
Certified Irrigation Designer. A person certified to design irrigation systems by an accredited institution a professional trade organization or other program such as the U.S. Environmental Protection Water Sense irrigation auditor certification program and Irrigation Association Certified Landscape Irrigation Auditor program.
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Certified Landscape Irrigation Auditor. A person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the U.S. Environmental Protection Water Sense Irrigation Auditor Certification program and Irrigation Association Certified Landscape Irrigation Auditor program.
Charging Levels. The standardized indicators of voltage, at which an electric vehicle's battery is recharged.
Levels 1, 2, and 3 are the most common charging levels, and include the following specifications:
1. Level 1 is considered slow charging.
2. Level 2 is considered medium charging.
3. Level 3 is considered fast charging.
Check Valve (or Anti-Drain Valve). A valve located under a sprinkler head or other location in the irrigation system to hold water in the system to prevent drainage from sprinkler heads when the system is off.
Child. A person who is under eighteen (18) years of age for whom care and supervision are being provided in a child daycare facility.
Child Care Facility (land use). A land use category including any facility, residential or commercial, that provides non-medical care and supervision to minor children for periods of less than twenty-four (24) hours. This land use includes the following types of facilities, all of which are required to be licensed by the California State Department of Social Services:
1. Small family home. A daycare facility located in a single-family residence where a full-time resident provides a home-like environment where non-medical care and supervision is provided for periods of less than twenty-four (24) hours that serves no more than eight (8) children, plus tw o (2) additional children after school as defined in Health and Safety Code Chapter 3.4. Children under the age of ten (10) years old who reside in the home count as children served by the daycare facility.
2. Large family home. A daycare facility located in a single-family residence and licensed by the State as a family child care home, where a full-time resident provides care and supervision for periods of less than twenty-four (24) hours that serves nine (9) to fourteen (14) children, plus two (2) addit ional children after school, as defined in Health and Safety Code Chapter 3.4. Children under the age of ten (10) years old who reside in the home count as children served by the daycare facility.
3. Daycare center. Commercial or nonprofit facility designed and approved to provide non-medical care and supervision is provided for periods of less than twenty-four (24) hours. This land use includes adult daycare, infant centers, preschools, sick-child centers, and school-age daycare facilities that do not qualify as a small or large family care home. This use may operate in conjunction with other approved land uses, such as schools or places of worship, or as an independent land use.
Chimney. A hollow shaft containing one or more passages vertical or nearly s o, for conveying products of combustion.
Cigar Lounge/Smoke Shop (land use). A retail establishment whose primary business (30% or more of their receipts come from tobacco or tobacco related products or services) involves the sale of cigars, tobacco produ cts, allows for the interior smoking of tobacco products, and/or provides the sale or services of related products.
City. The City of San Marcos, State of California.
City Council. The City of San Marcos City Council, referred to in this Zoning Ordinance as "City Council," or "Council."
Closet. Small room or recess primarily designed to store wearing apparel.
Club (land use). A meeting, recreational, or social facility of a private or nonprofit organization primarily for use by members or guests.
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College (land use). A public or private higher-learning educational facility granting degrees, certificates and academic training, categorized by the following programmatic elements:
1. Nontraditional Campus Setting. A College in a business/office oriented setting not including any form of student housing.
2. Traditional Campus Setting. A College in a traditional multi-building campus setting limited to educational purposes and providing faculty offices, student services, and on -campus student housing.
Commercial Artist/Production Studio (land use). Any commercial use or space for the creation, exhibition, or production of artistic or craft pieces. Excludes ceramic manufacturing.
Commercial Bakery (land use). Any establishment manufacturing bakery products for retail or wholesale sales, operating standard bakery ovens, rotary ovens, peel ovens and other commercial bakery equipment, or operating delivery trucks, or shipping such bakery products interstate. Bakeries operating listed equipment for on - site sales only (not engaging in distribution to other food sellers outside of the City) shall be considered a restaurant based on the programmatic categories of the "restaurant" definition within this chapter.
Commercial Cannabis Activity (land use). Commercial Cannabis Activity (land use) shall have the same meaning as the definition set forth in California Business and Professions Code Section 26001, as that Section may be amended from time to time. Notwithstanding any provisions of Business and Pro fessions Code Section 26001, the term "Commercial Cannabis Activity (land use)" shall also include the operation of a Dispensary, and the commercial Cultivation, possession, Manufacture, distribution, Processing, storing, Laboratory Testing, packaging, labeling, Transportation, Delivery or retail, wholesale or other sale of Cannabis and/or Cannabis Products, as those terms are defined under Chapter 5.54 of this Code or State law if not expressly defined under Chapter 5.54 of this Code, and any and all associated business and/or operational uses and activities. Commercial Cannabis Activity includes operations, activities and uses that are for profit and/or not for profit.
Commercial Entertainment (land use). Any place of business providing spectator entertainment for commercial purposes. This use includes:
• theaters (live performance)
• concert halls
• cinemas (movie theaters, any size)
• comedy clubs
Commercial Recreation (land use). A business providing participant or spectator recreation open to the public for a fee, categorized by the following programmatic elements:
1. Indoor. Establishments providing indoor amusement and entertainment services for a fee or admission charge, including:
• bowling alleys
• coin-operated amusement arcades (see subdefinition below) • dance halls, clubs and ballrooms
• electronic game arcades (video games, pinball, etc.)
• ice skating and roller skating
• internet/cyber café
• pool and billiard rooms as primary uses
Amusement Arcade (subdefinition). Four (4) or more electronic games or coin-operated amusements in any establishment, or a premises where fifty percent (50%) or more of the floor
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area is occupied by amusement devices, are considered an electronic game arcade as described above; three (3) or fewer machines are not considered a land use separate from the primary use of the site. This use does not include adult businesses. All amusement arcade activities or land uses are subjected to Chapter 5.08 of this Code.
2. Outdoor. Outdoor participant or spectator recreation; this classification includes amusement parks, driving ranges, golf courses, miniature golf courses, private sport fields, tennis clubs/organizations, outdoor batting cages, and private outdoor swimming pools.
Common Interest Developments. Community apartment projects, condominium projects, planned developments, and stock cooperatives per California Civil Code Section 1353.8.
Common Open Space. Improved or natural areas that provides usable recreation areas available for the use and enjoyment of project residents. Common open space is required per Zone as identified by the applicable development standard table.
Community Garden (land use). A parcel of land, or portion of land, used by residents of the local neighborhood for the planting, raising, harvesting, and trading of horticultural and produce in a co -op setting.
Community Noise Exposure Level (CNEL). The accumulated exposure to sound measured in a twenty -four (24)-hour sampling interval and artificially boosted during certain hours. For C NEL, samples taken between 7:00 p.m. and 10:00 p.m. are boosted by five (5) dB; samples taken between 10:00 p.m. and 7:00 a.m. are boosted by ten (10) dB.
Compost. The safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth.
(Ord. No. 2017-1442, 5-23-2017)
Conditionally Allowed. Allowed subject to approval of a CUP or Temporary CUP.
Conference/Convention Center (land use). A building or complex of buildings used as a conference center and includes auditorium, meeting rooms, exhibition space, and banquet facilities.
Conservation Easement. A legally binding agreement not to develop part of a property, but to leave it "natural" in perpetuity or for some designated lengthy period of time. The property ownership is retained by the landowner, but restrictions are placed both on the current landowner and on subsequent landowners.
Contractor Offices and Services (land use). Any office space or building operated for use by a contractor of any type that includes the storage of vehicles, equipment, or materials based on the operational standard s of Chapter 20.400 (Specific Use Standards). Storage of equipment, materials, are only permitted within enclosed buildings.
Controller. An automatic timing device used to remotely control valves to set an irrigation schedule. A weather-based controller is a controller that uses evapotranspiration or weather data. A self -adjusting irrigation controller is a controller that uses sensor data (i.e., soil moisture sensor).
Conversion Factor (0.62 inches) (landscaping). The number that converts acre-inches per acre per year to gallons per square foot per year.
Council. See, "City Council."
Coverage, Lot or Site. The total ground area of a site occupied by any building or structure as measured from the outside of its surrounding external walls or supporting members. Lot coverage includes exterior structures such as stairs, arcades, bridges, and permanent structure elements protruding from buildings such as overhanging balconies, oriel windows, stories which overhang a ground level story, garages, and covered ca rports. Lot coverage also includes the perimeter area of a basement. Excluded from lot coverage are roof eaves extending less than thirty (30) inches from the face of any building, awnings, open parking areas, structures under thirty (30) inches in
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height, and masonry walls not greater than six (6) feet in height such as wing -walls, planter walls, or grade separation retaining walls.
(Ord. No. 2017-1453 , § 2(Exh. A), 11-14-2017)
Section 20.600.200 "R" Definitions
Rain Sensor (or Rain Sensing Shutoff Device). A component that automatically suspends the irrigation event when it rains.
Reciprocal Driveway Access. A shared driveway configuration enabling adjacent properties of the same Zone designation to use the same driveway, may require recording of easements.
Record Drawing or As-Builts. A set of reproducible drawings that show significant changes in the work made during construction and that are usually based on drawings marked up in the field and other data furnished by the contractor.
Recreation Facilities/Park (land use within Residential Manufactured Home Park Zone). Any noncommercial park, recreation, open space, or other active or passive non -building space, within a Mobile/Manufactured Home Park, designed for recreational use by residents and gues ts.
Recreational Area. Areas excluding private single-family residential areas, designed for active play, recreation or public assembly in parks, sports field, picnic grounds, amphitheaters or golf courses tees, fairways, roughts, surrounds and greens.
(Ord. No. 2017-1442, 5-23-2017)
Recreational Vehicle. A motorhome, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy.
Recreational Vehicles (RVs)/Park. Any parcel, area, or tract of land, or portion thereof improved for the parking, or offering for rent or lease, of two (2) or more recreational vehicles (RVs) for recreational or emergency occupancy.
Recyclable Material. Reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for sale or reuse. Recyclable material does not include refuse or hazardous materials. Recyclable material may include clean (uncontaminated) used moto r oil and oil filters collected and transported in accordance with Sections 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.
Recycled Water (or Reclaimed Water, or Treated Sewage Effluent Water). Treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation. This water is not intended for human consumption.
Recycling Facilities (land use).
Collections Facility. Any establishment, including a place of business, center, or stand-alone container, for collection or processing recyclable materials from the public. A "Certified Recycling Facility" or "Certified Processor" is a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities shall be categorized by the following programmatic elements:
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1. Small. A recycling center established as an accessory use to a principal use, for acceptance/donation, redemption, or purchase of recyclable not exceeding five hundred (500) square feet in size, devoted exclusively to the collection of recyclable materials from the public.
2. Large. A recycling facility established either as an accessory use, five hundred (500) square feet or larger in size, or as a principal use, regardless of size, devoted exclusively to the collection of recyclable materials from the public.
Processing Facility (land use). An enclosed structure used for collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end -user's specifications, by means such as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities include the following:
1. Light Processing. Occupies an area that is less than 45,000 square feet of gross collection, processing, and storage area and has 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 source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a Certified Processing Facility. A Ligh t Processing Facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.
2. Heavy Processing. Any processing facility other than a Light Processing facility.
3. Reverse Vending. An automated mechanical device which occupies less than 50 square feet (and is an accessory use) that accepts one (1) or more types of recyclable beverage containers, including but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. The reverse vending machine may sort and process containers mechanically, provided the entire process is fully enclosed. A grouping of multiple reverse vending machines may be necessary/provided to meet the requirements of certification as a recycling facility.
Referenced Evapotranspiration (ETo). A standard measurement of environmental parameters that affect the water use of plants. ETo is given in inches per day, month, or year as represented in Section 20.330.060 (Landscape Documentation Package Elements) and is an estimate of the evapotranspiration of a large field of four (4) to seven (7) inches tall, cool season turf that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowance so that regional differences in climate can be accommodated. (Ord. No. 2017-1442, 5-23-2017)
Rehabilitated Landscapes. Any re-landscaping project that requires a permit, plan check, or design review and meets the requirements of Section 20.330.020 (Applicability).
Renewable Energy Harvesting/Production (land use). The installation and use of any facility or utility for the generation of on-site energy that may include the transmission, and/or storage of such energy. Such facilities shall be subject to all state, federal, building and utility regulations in addition to the provisions of Chapter 20.450 (Renewable Energy).
Research and Development (land use). Any business combining activities, laboratories, and facilities for research; and uses involving the production of experimental products that neither constitute nor cause a public health risk to employees and/or to surrounding properties and/or residents. Does not include Commercial Cannabis Activity or Cannabis Cultivation, Outdoor, which are prohibited uses under Subsection 20.205.030(D).
Research and Development, Fabrication and Light Manufacturing (land use). Any establishment, or space within a building, conducting the manufacture of experimental or prototype products in support of a Research and Development land use. Manufacture facilities shall be limited to products researched and/or designed on -site.
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Residential Care Facility (land use). Any State licensed facility, place, or structure that is maintained and operated to provide non-medical residential care, day treatment, or foster agency services for adults, children, or adults and children as defined in Article 1 of Chapter 3 of the California Health and Safety Code Section 1500 et seq. This use includes licensed skilled nursing facilities and the administration of limited medical assistance (e.g., dispensing of prescribed medications).
1. Large. A licensed Residential Care Facility providing services for seven (7) or more adults and/or children consistent with the definition above.
2. Small. A licensed Residential Care Facility providing services for six (6) or fewer adults and/or children consistent with the definition above.
Residential Landscape. Landscapes surrounding single or multifamily homes. (Ord. No. 2017-1442, 5-23-2017)
Response Time (F, S, I) (Landscaping). The response time is a standardized exponential time weighting of the input signal according to fast (F), slow (S) or impulse (I) time response relationships. Time response can be described with a time constant. The time constants for fast, slow, and impulse responses are one (1) second, 0.125 second, and 0.35 millisecond, respectively.
Restaurant (land use). Any establishment operated for the primary purpose of providing food, beverages, or meals for compensation, which has suitable kitchen facilities for the preparation, storage and service of food. Any bar area, all applicable licenses required, shall be limited to five hundred (500) square feet or thirty percent (30%) of the dining area; bar areas exceeding these limits shall be classified as a bar.
1. Sit-Down. Any restaurant for the primary purpose of on-site service and consumption and/or serving meals in non-disposable containers. Accessory sale of food and nonalcoholic beverages for off -site consumption is permitted provided that all food and beverages sold for on -site consumption are served in non-disposable containers.
2. Take-Out. Any restaurant for the primary purpose of serving food and beverage in disposable containers (paper, plastic, or otherwise disposable/recyclable). This use includes restaurants providing three (3) or less tables for on-site consumption, and retail bakeries coffee, and beverage shops with or without seating.
Restroom /Sanitary Facilities (land use). A structure or facility located within a Mobile/Manufacture Home Park designed for toilet, shower, changing, and sanitary facilities for the use of park residents and guests.
Right-of-Way (ROW). An area or strip of land, either public or private, on which an irrevocable right of passage has been recorded for the use of vehicles or pedestrians or both.
Rooming House (land use). A building containing three (3) or more bedrooms or other rooms used, designed, or intended to be used, rented, leased, let or hired to be occupied or which are occupied by five (5) or more individuals under five (5) or more separate oral or written leases, subleases or any ot her contractual agreement designed to effectuate the same result, with or without meals, for compensation, as permanent guests pursuant to an arrangement for compensation for definite periods, by the month or greater term. A "Rooming Housing" does not require a property owner, or an agent, or a rental manager, to be in residence. A "Rooming House" may or may not have individual or group cooking facilities. A "Rooming House" may or may not provide free access to common living areas beyond the bedrooms or guest rooms. A "room" means any rented, leased, let or hired room, living space or other square footage within the building that is used or designed to provide sleeping accommodations for one (1) or more persons. A property permitted accessory dwelling unit, second unit, or "granny flat" shall not be considered a rooming house if used, designed, or intended to be used, rented, leased, let or hired, to be occupied or that is occupied by two (2) or fewer individuals under two (2) or fewer written leases, subleases or any other contractual agreement designed to effectuate the same result, with or without meals, for
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compensation, as permanent guests pursuant to an arrangement for compensation for definite periods, by the month or greater term.
ROW. See "Street, or Public Right-of-Way."
Row Home. A series of dwelling units, attached in a row, separated from each other by an unpierced wall extending from basement to roof.
Runoff. Water that is not absorbed by the soil or landscape to which it is applied and flows f rom the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.
(Ord. No. 2017-1453 , § 2(Exh. A), 11-14-2017)
Exhibit A – Clean Version
Low Barrier Navigation Centers
Created: 2021-03-31 20:32:08 [EST]
(Supp. No. 5)
Section 20.225.110 Allowable Mixed Use Land Uses and Permit Requirements A. Permit Requirements. Table 20.225-1 identifies the types of land use permits required to establish land uses in the MU-1 and MU-2 Zones consistent with this Zoning Ordinance.
1. All proposed development projects within the Mixed Use Zones shall be subject to Site Development Review in conjunction with the permit requirements of Table 20.225-2.
B. Mixed Use Land Uses. Any single parcel or building within the Mixed Use Zones may be permitted to include a single or multiple land uses subject to the permit requirements of the applicable Zone.
1. Mixed Use property uses are not specified for the MU-3 (SP) and MU-4 (SP) Zones. Permitted land uses for MU-3 (SP) and MU-4 (SP) developments shall be established at the time of Specific Plan adoption.
Land uses shall be limited to commercial and industrial uses and shall not include residential components or land uses.
C. Ground Floor Use Requirements. Figure 20.225-1 identifies Primary, Secondary, and Tertiary Streets applicable to the Mixed Use Zones. In addition to setback requirements, the purpose of these street designations is to further encourage active ground floor land uses in specific areas to provide a vibrant, pedestrian-oriented experience. All buildings with frontage along a Primary or Secondary designated street shall contain ground floor uses identified in the "Ground Floor Use" column of Table 20.255 -5 subject to the following minimum requirements.
1. Along primary streets, eighty percent (80%) of the ground floor frontage shall contain "Ground Floor Uses"
2. Along secondary streets, sixty percent (60%) of the ground floor frontage shall contain "Ground Floor Uses"
3. The remainder of the ground floor frontage, and all upper stories, may contain any use subject to permit requirements identified in the "MU-1/MU-2" column of Table 20.255-5.
4. Along tertiary streets a minimum ground floor use shall not apply.
D. Restrictions on Floor Area. Business and Professional Offices shall not exceed twenty percent (20%) of the total gross floor area of any mixed use building without Director approval. This calculation and verification of consistency shall be part of Site Development Review and/or the Specific Plan process.
E. Additional Use Regulations. In addition to the regulations, development standards, and provisions of this Chapter, all land uses are subject to the specific use standards identified in the "Additional Use Regulations" column of Table 20.225-2, refer to the referenced sections for additional operational standards and regulations applicable to the use.
F. Prohibited Uses. When a use is not specifically listed, that use is prohibited. However, consistent with Section 20.205.030.C (Unlisted or Similar Compatible Uses), the Director shall have the authority to determine whether the proposed use shall be permitted or conditionally permitted based on the finding that the proposed use is similar to and no more detrimental than a particular use permitted in the Zone.
Table 20.225-5
MU-1 and MU-2 Zone Permitted Uses
Land Use Ground
Floor Uses
MU-1/
MU-2
Additional Use Regulations
Residential Uses
Adult Day Care DP DP 20.400.110
Live/Work P P
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(Supp. No. 5)
Multifamily Residential P P
Residential Building Entries/Lobbies P P
Residential Care Facility, General P P
Residential Care Facility, Large CUP DP
Low Barrier Navigation Center P P 20.400.260
Recreation, Education & Public Assembly Uses
Child Day Care Facility, Day Care Center DP DP 20.400.050 Club - - - DP Not permitted in buildings with
residential units
College, Nontraditional Campus Setting - - - DP* Note 2; Note 3 Museum, Library or Gallery P P
Places of Assembly DP DP Note 2; Note 3; 20.400.160
Park/Plaza P P
Office, Professional and Business Support Services
Business Support Service - - - P
Financial Institution P P
Financial Institution, with Drive-Thru - - - - - - 20.400.070 Medical, Urgent Care P P
Office; Administrative, Business,
Corporate
- - - P
Office; Government - - - P
Office; Medical, Dental and Holistic P P
Service Uses(2)
Animal Sales and Services P - - -
Dry Cleaning or Laundry, Agency P P
Massage, Accessory Use P - - - Note 4; 20.400.250(Ord No. 2017-1443, 6-13-2017)
Massage Establishment P - - - Note 4; 20.400.250(Ord No. 2017-1443, 6-13-2017)
Personal Services, General &
Instructional
P - - -
Personal Services, Fitness/Health
Facility
DP DP
Notes:
All land uses are subject to the following standards: Chapters 20.300 (Site Planning and General Development), 20.340 (Off-Street Parking and Loading), 20.320 (Signs on Private Property), 20.330 (Water Efficient Landscape Standards), 20.400 (Specific Use Standards).
2. ;hg;Business, including merchandising and sales, shall be conducted entirely within an enclosed building.
3. ;hg;DP required for new buildings and land use renewals; CUP required for new land use establishment in an existing building.
4. ;hg; Businesses where massage is performed as Massage, Accessory Use and Massage Establishments are permitted in legal, non- conforming commercial shopping centers when all persons performing massage services possess a current, valid and authentic certificate issued by the California Massage Therapy Council. Unless otherwise expressly exempt, all businesses where massage is performed as Massage, Accessory Use and Massage Establishments shall be subject to Chapter 5.44 and Title 5 of this Municipal Code. (Ord No. 2017-1443, 6-13-2017)
Table 20.225-5 Continued
MU-1 and MU-2 Zone Permitted Uses
Land Use Ground
Floor Uses
MU-1/
MU-2
Additional Use Regulations
General Retail Uses(2)
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(Supp. No. 5)
ATM, interior to building/vestibule P P
ATM, freestanding exterior/exterior
wall
P P
Automotive, Fueling Station CUP CUP
Bar CUP CUP
Catering - - - DP
Commercial Entertainment P P
Commercial Recreation, Indoor P P
Drive-Thru Facility CUP CUP
Hookah Lounge - - - - - - Prohibited in all Zones
Kiosk (stand-alone) DP - - -
Lodging, Hotel <100 Rooms CUP CUP
Market, grocery or supermarket P - - -
Market; specialty food and beverage P - - -
Market; Liquor CUP - - -
Market; convenience P - - -
Merchandise Sales, New Retail P - - -
Outdoor Dining P P
Parking Facility, Enclosed Freestanding P CUP
Restaurant, Sit-Down P P
Restaurant, Take-Out P DP
Winery/Tasting Room DP CUP
Industrial, Manufacturing & Processing Uses(2)
Industrial Design and Services - - - P
Recycling Facilities
Small Collection Facility P P 20.445 (Refuse and Recycling) Reverse Vending DP DP 20.445 (Refuse and Recycling)
Transportation, Communication & Utility Uses(2)
Antenna or Communication Facility P P 20.465 (Telecommunication Facilities) Non-Public Antenna or Communication
Facility
P P+ 20.465 (Telecommunication Facilities)
Notes:
All land uses are subject to the following standards: Chapters 20.300 (Site Planning and General Development), 20.340 (Off-Street Parking and Loading), 20.320 (Signs on Private Property), 20.330 (Water Efficient Landscape Standards), 20.400 (Specific Use Standards).
2. ;hg;Business, including merchandising and sales, shall be conducted entirely within an enclosed building.
3. ;hg;DP required for new buildings and land use renewals; CUP required for new land use establishment in an existing building.
Section 20.400.260 – Low Barrier Navigation Centers
Consistent with Government Code Sections 65660 through 65668, all California cities are required to allow low barrier navigation centers as a use by right in areas zoned for mixed use and nonresident ial zones permitting multi-family uses.
A. Standards. A low barrier navigation center shall meet the following requirements:
1. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
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2. It is linked to a coordinated entry system, so that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing.
(a) “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
3. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
4. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
5. Low barrier navigation centers shall also comply with operational standards established for emergency shelters in Section 20.400.080.
Section 20.600.140 "L" Definitions
Land Clearing. The removal of vegetation from any site, parcel or; provided, however, it does not include mowing, trimming or pruning, so as to maintain vegetation in a he althy, viable condition.
Land Use. The purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered, or enlarged for which either a site or a structure is or may be occupied or maintained.
Landscape water meter. An inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use. (Ord. No. 2017-1442, 5-23-2017)
Landscape Architect. A person who holds a license to practice landscape architecture in the State of California (Government Code Section 5615).
Landscape Area, Net. All of the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated area designated for non-development (e.g., open space and existing native vegetation).
Landscape Contractor. A person licensed (with a valid C-27 license) by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems and facilities consistent with the Business and Professions Code Sections 7058 and 7059.
Landscape Documentation Package. The documents required under Section 20.300.060.
Landscape Irrigation Audit. A process to perform site inspections, evaluate irrigation systems and develop efficient irrigation schedules.
Landscape Project. The total area of landscape in a project as defined in "landscape area." Landscaping. The planting and maintenance of some combination of trees, shrubs, vines, grou nd covers, flowers or lawns. In addition, the combination of design may include natural features (e.g., rock and stone) and structural features, including fountains, reflecting pools, art work, screens, walls, fences, and benches. All landscaping shall be consistent with Chapter 20.330 (Water Efficient Landscape Standards).
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Lateral Line. The water delivery pipeline that supplies water to the emitters or sprinklers from the valve.
Line of Sight Triangle. The area on either side of an access way at its junction with a public street forming a triangle within which clear visibility of approaching vehicular or pedestrian traffic must be maintained.
Live Entertainment. Music, comedy, readings, dancing, acting, or other entertainment performed on a site three (3) or more days during a calendar year. This includes dancing by patrons to live or recorded music.
Live-Work Unit (land use). Live/Work means an integrated dwelling unit and working space, in which the work component is the primary use and the residential component is secondary, occupied by a single housekeeping unit in a structure, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and that includes:
1. Complete kitchen space and sanitary facilities in compliance with the Building Code; and
2. Working space reserved for and regularly used by one (1) or more occupants of the unit.
Loading Space. An unobstructed area provided and maintained for the temporary parking of trucks and other motor vehicles for the purpose of loading and unloading goods or materials.
Local Agency (landscaping). The City that is responsible for adopting and implementing Chapter 20.330 (Water Efficient Landscape Standards). The City will be responsible for landscape plan c hecks, design review of the project, and approval of the landscape permit.
Local Water Purveyor. Vallecitos Water District (VWD), Vista Irrigation District (VID), Olivenhain Water district (OWD), and Rincon Water District (RWD) serve as the retail water p urveyor within the limits of the City that provides retail water service.
Lodging (land use).
1. Bed & Breakfast. A dwelling containing a single living unit that serves as the residence for the owner or manager and not more than five (5) guest rooms that, for compensation, provide temporary night to night lodging with or without meals.
2. Rooming House. A building containing three (3) or more bedrooms or other rooms used, designed, or intended to be used, rented, leased, let or hired to be occupied or which are occupied by five (5) or more individuals under five (5) or more separate oral or written leases, subleases or any other contractual agreement designed to effectuate the same result, with or without meals, for compensation, as permanent guests pursuant to an arrangement for compensation for definite periods, by the month or greater term. A "Rooming Housing" does not require a property owner, or an agent, or a rental manager, to be in residence. A "Rooming House" may or may not have individual or group cooking facilities. A "Rooming House" may or may not provide free access to common living areas beyond the bedrooms or guest rooms. A "room" means any rented, leased, let or hired room, living space or other square footage within the building that is used or designed to provide sleeping accommodations for one (1) or more persons. A property permitted accessory dwelling unit, second unit, or "granny flat" shall not be considered a rooming house if used, designed, or intended to be used, rented, leased, let or hired, to be occupied or that is occupied by two (2) or fewer individuals under two (2) or fewer written leases, subleases or any other contractual agreement designed to effectuate the same result, with or without meals, for compensation, as permanent g uests pursuant to an arrangement for compensation for definite periods, by the month or greater term.
3. Hotel. A building or group of buildings in which there are six (6) or more guest rooms that are designed for and occupied as the temporary lodging place of individuals for generally less than thirty (30) consecutive days, but shall not include jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes and similar buildings, where human beings are housed and detained under legal restraint.
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4. Motel. A building or group of buildings containing individual sleeping or living units where a majority of such units open individually and directly to the outside, and where a garage is attached or a parking space is conveniently located to each unit, all for the temporary use by automobile tourists or transients.
Lot. A legally established lot of land under one (1) ownership with frontage upon a street. Types of lots include the following. See Figure 20.600-2.
1. Interior Lot. A non-corner lot bounded on three (3) sides by adjacent lots with street frontage on only one (1) side.
2. Corner Lot. A lot bounded by two (2) or more intersecting streets that has an angle of intersection of not more than one hundred thirty-five (135) degrees. The intersecting streets shall not be the same street. In determining the angle of intersection for a rounded corner, straight lines shall be drawn as extensions of both street lot lines. The calculation of the angle of intersection shall be made from the side facing toward the lot at the point where these two (2) extensions meet.
3. Double Frontage Lot. An interior lot with frontage on more than one (1) street. A lot fronting on a street on one (1) side and a private ingress-egress easement on the other side shall be considered a double frontage lot even if the lot does not have ingress-egress from the private easement.
4. Cul-de-Sac Lot. An interior lot taking access from and having frontage primary on the bulb of a cul -d- sac. Setbacks are measured from
5. Flag Lot. A lot in the approximate configuration of a flag pole or sign post, with the pole or post functioning primarily as an access way to the main body of the lot from the street of access.
6. Substandard Lot. A legally created lot that does not have the width or area required by the Zone in which it is located (not shown in Figure 20.600-2 Lot Types).
Lot Area, Net. Equal to the lot area exclusive of natural on-site buffer (like creek vegetation, public trail, or any area used for access), and excluding streets, access easements or public trails. Landscaped setbacks may be included in the net calculation.
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Lot Depth. The horizontal length of a straight line connecting the bisecting points of the front and re ar lot lines.
Lot Frontage (also Business Frontage or Frontage). Those portions of a lot or building site that abut a public street. For purposes of determining frontage on corner lots and through lots, all sides of a lot abutting a public street shall be considered as separate frontage.
Lot, Through. A lot fronting on 2 parallel or approximately parallel streets.
Lot Width. The horizontal distance between the interior property line of a lot, measured at right angles to the lot depth at the rear of the required front property line setback.
Low Barrier Navigation Center (land use). A low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary facilities while case man agers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low Barrier” means best practices to reduce barriers to entry, and includes but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site. (2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
Low Volume Irrigation. The application. of irrigation water at low pressure through a system of tubing or lateral lines and low volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are especially designed to apply small volumes of water at or near the roots of plants.
Exhibit A – Clean Version
Transitional and Supportive Housing
Created: 2021-03-31 20:32:08 [EST]
(Supp. No. 5)
Section 20.225.110 Allowable Mixed Use Land Uses and Permit Requirements A. Permit Requirements. Table 20.225-1 identifies the types of land use permits required to establish land uses in the MU-1 and MU-2 Zones consistent with this Zoning Ordinance.
1. All proposed development projects within the Mixed Use Zones shall be subject to Site Development Review in conjunction with the permit requirements of Table 20.225-2.
B. Mixed Use Land Uses. Any single parcel or building within the Mixed Use Zones may be permitted to include a single or multiple land uses subject to the permit requirements of the applicable Zone.
1. Mixed Use property uses are not specified for the MU-3 (SP) and MU-4 (SP) Zones. Permitted land uses for MU-3 (SP) and MU-4 (SP) developments shall be established at the time of Specific Plan adoption.
Land uses shall be limited to commercial and industrial uses and shall not include residential components or land uses.
C. Ground Floor Use Requirements. Figure 20.225-1 identifies Primary, Secondary, and Tertiary Streets applicable to the Mixed Use Zones. In addition to setback requirements, the purpose of these street designations is to further encourage active ground floor land uses in specific areas to provide a vibrant, pedestrian-oriented experience. All buildings with frontage along a Primary or Secondary designated street shall contain ground floor uses identified in the "Ground Floor Use" column of Table 20.255 -5 subject to the following minimum requirements.
1. Along primary streets, eighty percent (80%) of the ground floor frontage shall contain "Ground Floor Uses"
2. Along secondary streets, sixty percent (60%) of the ground floor frontage shall contain "Ground Floor Uses"
3. The remainder of the ground floor frontage, and all upper stories, may contain any use subject to permit requirements identified in the "MU-1/MU-2" column of Table 20.255-5.
4. Along tertiary streets a minimum ground floor use shall not apply.
D. Restrictions on Floor Area. Business and Professional Offices shall not exceed twenty percent (20%) of the total gross floor area of any mixed use building without Director approval. This calculation and verification of consistency shall be part of Site Development Review and/or the Specific Plan process.
E. Additional Use Regulations. In addition to the regulations, development standards, and provisions of this Chapter, all land uses are subject to the specific use standards identified in the "Additional Use Regulations" column of Table 20.225-2, refer to the referenced sections for additional operational standards and regulations applicable to the use.
F. Prohibited Uses. When a use is not specifically listed, that use is prohibited. However, consistent with Section 20.205.030.C (Unlisted or Similar Compatible Uses), the Director shall have the authority to determine whether the proposed use shall be permitted or conditionally permitted based on the finding that the proposed use is similar to and no more detrimental than a particular use permitted in the Zone.
Table 20.225-5
MU-1 and MU-2 Zone Permitted Uses
Land Use Ground
Floor Uses
MU-1/
MU-2
Additional Use Regulations
Residential Uses
Adult Day Care DP DP 20.400.110
Live/Work P P
Created: 2021-03-31 20:32:08 [EST]
(Supp. No. 5)
Multifamily Residential P P
Residential Building Entries/Lobbies P P
Residential Care Facility, General P P
Residential Care Facility, Large CUP DP
Supportive Housing P P
Transitional Housing P P
Recreation, Education & Public Assembly Uses
Child Day Care Facility, Day Care Center DP DP 20.400.050 Club - - - DP Not permitted in buildings with
residential units
College, Nontraditional Campus Setting - - - DP* Note 2; Note 3 Museum, Library or Gallery P P
Places of Assembly DP DP Note 2; Note 3; 20.400.160
Park/Plaza P P
Office, Professional and Business Support Services
Business Support Service - - - P
Financial Institution P P
Financial Institution, with Drive-Thru - - - - - - 20.400.070 Medical, Urgent Care P P
Office; Administrative, Business,
Corporate
- - - P
Office; Government - - - P
Office; Medical, Dental and Holistic P P
Service Uses(2)
Animal Sales and Services P - - -
Dry Cleaning or Laundry, Agency P P
Massage, Accessory Use P - - - Note 4; 20.400.250(Ord No. 2017-1443, 6-13-2017)
Massage Establishment P - - - Note 4; 20.400.250(Ord No. 2017-1443, 6-13-2017)
Personal Services, General &
Instructional
P - - -
Personal Services, Fitness/Health
Facility
DP DP
Notes:
All land uses are subject to the following standards: Chapters 20.300 (Site Planning and General Development), 20.340 (Off-Street Parking and Loading), 20.320 (Signs on Private Property), 20.330 (Water Efficient Landscape Standards), 20.400 (Specific Use Standards).
2. ;hg;Business, including merchandising and sales, shall be conducted entirely within an enclosed building.
3. ;hg;DP required for new buildings and land use renewals; CUP required for new land use establishment in an existing building.
4. ;hg; Businesses where massage is performed as Massage, Accessory Use and Massage Establishments are permitted in legal, non- conforming commercial shopping centers when all persons performing massage services possess a current, valid and authentic certificate issued by the California Massage Therapy Council. Unless otherwise expressly exempt, all businesses where massage is performed as Massage, Accessory Use and Massage Establishments shall be subject to Chapter 5.44 and Title 5 of this Municipal Code. (Ord No. 2017-1443, 6-13-2017)
Table 20.225-5 Continued
MU-1 and MU-2 Zone Permitted Uses
Land Use Ground
Floor Uses
MU-1/
MU-2
Additional Use Regulations
Created: 2021-03-31 20:32:08 [EST]
(Supp. No. 5)
General Retail Uses(2)
ATM, interior to building/vestibule P P
ATM, freestanding exterior/exterior
wall
P P
Automotive, Fueling Station CUP CUP
Bar CUP CUP
Catering - - - DP
Commercial Entertainment P P
Commercial Recreation, Indoor P P
Drive-Thru Facility CUP CUP
Hookah Lounge - - - - - - Prohibited in all Zones
Kiosk (stand-alone) DP - - -
Lodging, Hotel <100 Rooms CUP CUP
Market, grocery or supermarket P - - -
Market; specialty food and beverage P - - -
Market; Liquor CUP - - -
Market; convenience P - - -
Merchandise Sales, New Retail P - - -
Outdoor Dining P P
Parking Facility, Enclosed Freestanding P CUP
Restaurant, Sit-Down P P
Restaurant, Take-Out P DP
Winery/Tasting Room DP CUP
Industrial, Manufacturing & Processing Uses(2)
Industrial Design and Services - - - P
Recycling Facilities
Small Collection Facility P P 20.445 (Refuse and Recycling) Reverse Vending DP DP 20.445 (Refuse and Recycling)
Transportation, Communication & Utility Uses(2)
Antenna or Communication Facility P P 20.465 (Telecommunication Facilities) Non-Public Antenna or Communication
Facility
P P+ 20.465 (Telecommunication Facilities)
Notes:
All land uses are subject to the following standards: Chapters 20.300 (Site Planning and General Development), 20.340 (Off-Street Parking and Loading), 20.320 (Signs on Private Property), 20.330 (Water Efficient Landscape Standards), 20.400 (Specific Use Standards).
2. ;hg;Business, including merchandising and sales, shall be conducted entirely within an enclosed building.
3. ;hg;DP required for new buildings and land use renewals; CUP required for new land use establishment in an existing building.
Exhibit A – Clean Version
Employee Housing
Created: 2021-03-31 20:32:25 [EST]
(Supp. No. 5)
Section 20.600.070 "E" Definitions
Easement. A grant of one (1) or more of the property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.
Ecological Restoration Project. A project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
Effective Precipitation (Usable Rainfall, Eppt). The portion of total precipitation that is used by the plants.
Electric Vehicle. Any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose. "Electric vehicle" includes:
1. a battery electric vehicle,
2. a plug-in hybrid electric vehicle,
3. a neighborhood electric vehicle, and
4. a medium-speed electric vehicle.
Electric Vehicle Charging Station. A public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle.
Emergency Shelter (land use). Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
Emitter. A drip irrigation emission device that delivers water slowly from the system to the soil.
Employee Housing (land use). Employee housing for six or fewer employees in a single-family dwelling, pursuant to Health and Safety Code Section 17021.5(b), shall be deemed a single-family use and shall be treated the same as any single-family dwelling in districts where single-family dwellings are allowed. Qualified employee housing for six or fewer employees is subject to all municipal codes, regulations and other standards generally applicable to other residential dwellings of the same type in the same zone.
Employee Services (land use). Uses or space accessory to the primary use for employee personal services, such as the following:
• cafeteria • daycare center
• food service • play area
• health and fitness facilities • outdoor eating
• recreation • other similar employee services
Equipment Rental Yard (land use). A facility providing for short- or long-term leasing or rental of commercial equipment, may include limited service facilities for equipment owned by the same business operator, conducted completely within an enclosed structure.
Equivalent Sound Level (Leq). The true equivalent sound level measured over the run time. L eq is the A- weighted steady sound level that contains the same total acoustical energy as the actual fluctuating sound level.
Established Landscape. The point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth. (Ord. No. 2017-1442, 5-23-2017)
Created: 2021-03-31 20:32:25 [EST]
(Supp. No. 5)
Establishment Period of Plants. The first year after installing the plant in the landscape, or the first two (2) years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. Native habitat mitigation areas and trees may need three to five year s for establishment. (Ord. No. 2017-1442, 5-23-2017)
Estimated Total Water Use (ETWU). The total water used for the landscape as described in Section
30.330.060.B.
(Ord. No. 2017-1442, 5-23-2017)
ET Adjustment Factor (ETAF). A factor of 0.55 for residential areas and 0.45 for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two (2) major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0. The ETAF for existing non -rehabilitated landscapes is 0.8.
(Ord. No. 2017-1442, 5-23-2017)
Evapotranspiration Rate. The quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specific time.
Evergreen. A plant that retains foliage and remains green year-round.
Existing Massage Establishment (land use). Any existing Massage Establishment legally established in the City of San Marcos as of July 13, 2017, that continuously operates in the City as a Massage Establishment since that date with a valid and current business license issued by the City and all other necessary approvals, and that operates in compliance with all local, State and Federal laws, ordinances, rules and regulations. (Ord. No. 2019-1469 , § 2(Exh. A), 1-22-2019)
Extended Care Facility (land use). A private or nonprofit establishment providing medical care on a twenty- four (24)-hour basis for persons requiring regular medical attention, but excluding residential care facilities and facilities providing surgical or emergency medical services. May include uses such as skilled nursing facilities.
1. Skilled Nursing Facility. An extended care facility that provides supportive care to patients whose primary need is for availability of skilled nursing care on a daily and extended basis.
Exhibit A – Clean Version
Agricultural Worker Housing
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(Supp. No. 5)
Section 20.210.040 Allowable Agricultural Uses and Permit Requirements A. Permit Requirements. Table 20.210-1 identifies the types of land use permits required to establish land uses in the Agricultural Zones, consistent with this Zoning Ordinance. All permit requirements shall be subject to the process standards of Chapter 20.500 (Permits and Application Process).
Table 20.210-1
Permit Requirement Types and Processes
Symbol Permit Requirement Procedure Section
P Permitted use subject to compliance with all
applicable provisions of this Zoning Ordinance
and the process standards of Chapter 20.500.
20.500 (Permits and Applications Process)
DP Director's Permit (DP) is required for this use,
subject to review and approval by the
Director.
20.510 (Director's Permits)
CUP Conditional Use Permit (CUP) is required for
this, subject to review and approval per the
process standards of Chapter 20.500.
20.520 (Conditional Use Permits)
A Permitted uses restricted to accessory uses in
conjunction with a primary permitted use.
20.500 (Permits and Applications Process)
- - - Use not allowed. 20.205.030.C (General Requirements) Note: Any land use authorized through a permit approval process identified may also require Site Development Plan Review, a Building Permit, and/or other permit(s) required by the Municipal Code. For unlisted and similar uses, see Section 20.205.030.C (Unlisted and Similar Compatible Uses).
B. Agricultural Land Uses. Table 20.210-2 identifies the permitted land uses in all Agricultural Zones. Permitted uses in Agricultural Zones are primarily related to the raising of plants, crops, and animals, but may in clude accessory uses such as residential units, produce stands, animal keeping, and other uses when these uses are clearly related to the primary agricultural uses.
1. Support services and processing activities not listed in Table 20.210-2 but accessory to the primary agricultural use may be proposed and processed through a Conditional Use Permit (CUP). Findings of necessity, compatibility, and appropriate site and use design shall be required for approval of the CUP.
C. Additional Use Regulations. In addition to the regulations, development standards, and provisions of this chapter, all land uses are subject to the specific use standards identified in the "Additional Use Regulations" column of Table 20.210-2; refer to the referenced sections for additional operational standards and regulations applicable to the use. All land uses are also subject to all of the following standards: Chapters
20.320 (Signs on Private Property), 20.330 (Water Efficient Landscape Standards), 20.335 (Walls and Fences),
20.340 (Off-Street Parking and Loading), and 20.400 (Specific Use Standards).
D. Prohibited Uses. When a use is not specifically listed, that use is prohibited. However, consistent with Section 20.205.030.C (Unlisted or Similar Compatible Uses), the Director shall have the authority to determine whether the proposed use shall be permitted or conditionally permitted based on the finding that the proposed use is similar to and no more detrimental than a particular use permitted in the Zone.
Table 20.210-2
Agricultural Zone Permitted Uses
Land Use (Note 1) A-1 A-2 A-3 Additional Use Regulations Residential Uses
Qualified Worker Housing, Large CUP CUP CUP
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(Supp. No. 5)
Qualified Worker Housing, Small DP DP DP
Child Care Facility, Large Family
Home
DP DP DP 20.400.050 (Child Care Facilities)
Child Care Facility, Small Family
Home
P P P 20.400.050 (Child Care Facilities)
Community Garden DP DP DP
Residential Care Facility, Large DP DP DP 20.400.110 (Care Facilities) Residential Care Facility, Small P P P 20.400.110 (Care Facilities) Mobile/Manufactured Home P P P 20.245 (Residential Manufactured Home Park Zone)
Private Residential Garage P P P
Single-Family Detached P P P
Accessory Dwelling Unit/Accessory
Structure
A A A 20.410 (Accessory Dwelling Units
and Accessory Structures)
Supportive Housing P P P
Transitional Housing P P P
Recreation, Education & Public Assembly Uses
Animal Keeping, Large P P P 20.415 (Animals)
Animal Keeping, Small A A A 20.415 (Animals)
Places of Assembly CUP CUP CUP 20.400.160 (Places of Assembly) Stable, Private P P P
Stable, Public CUP CUP CUP
Public Park/Open Space/Recreation CUP CUP CUP
Sport Court
Lighted DP DP DP
Unlighted A A A
Outdoor Recreation Facility CUP CUP CUP
Agricultural Uses(2)
Agricultural/Horticultural, Non-
Commercial
P P P
Agricultural/Horticultural,
Commercial
DP DP DP
Agricultural/Horticultural, Processing and Packaging
Small Animals - - - - - - CUP Processing for market of poultry, small animals and crops raised or
produced on the premises, or on
other property owned or leased by
the processor, but not including
canning, rendering, or reduction
(grinding, chopping, cutting) of
meat or animal products
Plants and Crops - - - - - - CUP Provided no such plant is located closer than 50 feet to any side or
rear yard.
Lodging, Bed & Breakfast CUP CUP CUP
Greenhouse/Nursery
Commercial Production DP DP DP
Retail DP DP DP Open to the public
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Sales Stand A A A 20.210.060.C and Table 20.210-3
Office, Professional, and Business Support Services 20.220.050.C Business Support Service A A A Limited to 20% of gross floor area, supportive of agricultural primary
land use only
Service Uses(2)
Animal Sales and Services CUP CUP CUP
Industrial, Manufacturing & Processing Uses(2)
Winery/Tasting Room DP DP DP
Renewable Energy
Harvesting/Production
- - - - - - CUP 20.450 (Renewable Energy)
Transportation, Communication & Utility Uses(2)
Antenna or Communication Facility CUP CUP CUP 20.465 (Telecommunication Facilities)
Non-Public Antenna or
Communication Facility
P P P 20.465 (Telecommunication
Facilities)
;sz=8q; Notes:
See Table 20.210-1 for definitions.
1. ;hg;All land uses are subject to the following standards: Chapters 20.320 (Signs on Private Property), 20.330 (Water Efficient Landscape Standards), 20.335 (Walls and Fences), 20.340 (Off -Street Parking and Loading), and
20.400 (Specific Use Standards).
2. ;hg;Business, including merchandising and sales, shall be conducted entirely within an enclosed building, except as identified in Table 20.220-2, where outdoor business is permitted subject to a CUP.
3. ;hg;A Director's Permit (DP) shall be required for the establishment of the land use in an existing building to ensure adequate parking and student services are provided and to minimize effects on other land uses within the building or site. A Conditional Use Permit (CUP) shall be required for the establishment of a use in conjunction with a new building (development of the building in conjunction with the use). (Ord. 2017-1445, 7/11/2017 - Amended)
Section 20.210.050 Agricultural Zone Development Standards A. Development Standard Compliance. The design, construction, or establishment of all new and existing land uses, development of structures, and site improvements in Agricultural (A) Zones shall conform to the regulations of Table 20.210-3. Principal and accessory structures shall meet the same development standards unless otherwise modified by this Zoning Ordinance.
B. Lot Averaging. Lot averaging, consistent with Section 20.300.030 (Lot Averaging), shall be permitted in the A Zones subject to a CUP.
C. Gross Slope/Acreage Analysis. Minimum lot sizes shall be determined based on slope calculations subject to Section 20.300.040 (Gross Slope/Acreage Analysis). Table 20.210-3 identified minimum lot areas.
Table 20.210-3
Agricultural (A-1, A-2, A-3) Development Standards
Development Standards(1) A-1 A-2 A-3 Additional Use Regulations Maximum Building Height 20.300 (Site Planning and
General Development
Standards)
<100 feet from any PL 35 feet 35 feet 35 feet
100 feet+ from any PL 50 feet 50 feet 50 feet Non-residential structure
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Section 20.210.040 Allowable Agricultural Uses and Permit Requirements A. Permit Requirements. Table 20.210-1 identifies the types of land use permits required to establish land uses in the Agricultural Zones, consistent with this Zoning Ordinance. All permit requirements shall be subject to the process standards of Chapter 20.500 (Permits and Application Process).
Table 20.210-1
Permit Requirement Types and Processes
Symbol Permit Requirement Procedure Section
P Permitted use subject to compliance with all
applicable provisions of this Zoning Ordinance
and the process standards of Chapter 20.500.
20.500 (Permits and Applications Process)
DP Director's Permit (DP) is required for this use,
subject to review and approval by the
Director.
20.510 (Director's Permits)
CUP Conditional Use Permit (CUP) is required for
this, subject to review and approval per the
process standards of Chapter 20.500.
20.520 (Conditional Use Permits)
A Permitted uses restricted to accessory uses in
conjunction with a primary permitted use.
20.500 (Permits and Applications Process)
- - - Use not allowed. 20.205.030.C (General Requirements) Note: Any land use authorized through a permit approval process identified may also require Site Development Plan Review, a Building Permit, and/or other permit(s) required by the Municipal Code. For unlisted and similar uses, see Section 20.205.030.C (Unlisted and Similar Compatible Uses).
B. Agricultural Land Uses. Table 20.210-2 identifies the permitted land uses in all Agricultural Zones. Permitted uses in Agricultural Zones are primarily related to the raising of plants, crops, and animals, but may in clude accessory uses such as residential units, produce stands, animal keeping, and other uses when these uses are clearly related to the primary agricultural uses.
1. Support services and processing activities not listed in Table 20.210-2 but accessory to the primary agricultural use may be proposed and processed through a Conditional Use Permit (CUP). Findings of necessity, compatibility, and appropriate site and use design shall be required for approval of the CUP.
C. Additional Use Regulations. In addition to the regulations, development standards, and provisions of this chapter, all land uses are subject to the specific use standards identified in the "Additional Use Regulations" column of Table 20.210-2; refer to the referenced sections for additional operational standards and regulations applicable to the use. All land uses are also subject to all of the following standards: Chapters
20.320 (Signs on Private Property), 20.330 (Water Efficient Landscape Standards), 20.335 (Walls and Fences),
20.340 (Off-Street Parking and Loading), and 20.400 (Specific Use Standards).
D. Prohibited Uses. When a use is not specifically listed, that use is prohibited. However, consistent with Section 20.205.030.C (Unlisted or Similar Compatible Uses), the Director shall have the authority to determine whether the proposed use shall be permitted or conditionally permitted based on the finding that the proposed use is similar to and no more detrimental than a particular use permitted in the Zone.
Table 20.210-2
Agricultural Zone Permitted Uses
Land Use (Note 1) A-1 A-2 A-3 Additional Use Regulations Residential Uses
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Qualified Worker Housing, Large CUP CUP CUP Consistent with the requirements of California Health and Safety
Code Section 17021.8
Qualified Worker Housing, Small DP DP DP Consistent with the requirements of California Health and Safety
Code Section 17021.8
Child Care Facility, Large Family
Home
DP DP DP 20.400.050 (Child Care Facilities)
Child Care Facility, Small Family
Home
P P P 20.400.050 (Child Care Facilities)
Community Garden DP DP DP
Residential Care Facility, Large DP DP DP 20.400.110 (Care Facilities) Residential Care Facility, Small P P P 20.400.110 (Care Facilities) Mobile/Manufactured Home P P P 20.245 (Residential Manufactured Home Park Zone)
Private Residential Garage P P P
Single-Family Detached P P P
Accessory Dwelling Unit/Accessory
Structure
A A A 20.410 (Accessory Dwelling Units
and Accessory Structures)
Supportive Housing P P P
Transitional Housing P P P
Recreation, Education & Public Assembly Uses
Animal Keeping, Large P P P 20.415 (Animals)
Animal Keeping, Small A A A 20.415 (Animals)
Places of Assembly CUP CUP CUP 20.400.160 (Places of Assembly) Stable, Private P P P
Stable, Public CUP CUP CUP
Public Park/Open Space/Recreation CUP CUP CUP
Sport Court
Lighted DP DP DP
Unlighted A A A
Outdoor Recreation Facility CUP CUP CUP
Agricultural Uses(2)
Agricultural/Horticultural, Non-
Commercial
P P P
Agricultural/Horticultural,
Commercial
DP DP DP
Agricultural/Horticultural, Processing and Packaging
Small Animals - - - - - - CUP Processing for market of poultry, small animals and crops raised or
produced on the premises, or on
other property owned or leased by
the processor, but not including
canning, rendering, or reduction
(grinding, chopping, cutting) of
meat or animal products
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Plants and Crops - - - - - - CUP Provided no such plant is located closer than 50 feet to any side or
rear yard.
Lodging, Bed & Breakfast CUP CUP CUP
Greenhouse/Nursery
Commercial Production DP DP DP
Retail DP DP DP Open to the public
Sales Stand A A A 20.210.060.C and Table 20.210-3
Office, Professional, and Business Support Services 20.220.050.C Business Support Service A A A Limited to 20% of gross floor area, supportive of agricultural primary
land use only
Service Uses(2)
Animal Sales and Services CUP CUP CUP
Industrial, Manufacturing & Processing Uses(2)
Winery/Tasting Room DP DP DP
Renewable Energy
Harvesting/Production
- - - - - - CUP 20.450 (Renewable Energy)
Transportation, Communication & Utility Uses(2)
Antenna or Communication Facility CUP CUP CUP 20.465 (Telecommunication Facilities)
Non-Public Antenna or
Communication Facility
P P P 20.465 (Telecommunication
Facilities)
;sz=8q; Notes:
See Table 20.210-1 for definitions.
1. ;hg;All land uses are subject to the following standards: Chapters 20.320 (Signs on Private Property), 20.330 (Water Efficient Landscape Standards), 20.335 (Walls and Fences), 20.340 (Off -Street Parking and Loading), and
20.400 (Specific Use Standards).
2. ;hg;Business, including merchandising and sales, shall be conducted entirely within an enclosed building, except as identified in Table 20.220-2, where outdoor business is permitted subject to a CUP.
3. ;hg;A Director's Permit (DP) shall be required for the establishment of the land use in an existing building to ensure adequate parking and student services are provided and to minimize effects on other land uses within the building or site. A Conditional Use Permit (CUP) shall be required for the establishment of a use in conjunction with a new building (development of the building in conjunction with the use). (Ord. 2017-1445, 7/11/2017 - Amended)
Section 20.210.050 Agricultural Zone Development Standards A. Development Standard Compliance. The design, construction, or establishment of all new and existing land uses, development of structures, and site improvements in Agricultural (A) Zones shall conform to the regulations of Table 20.210-3. Principal and accessory structures shall meet the same development sta ndards unless otherwise modified by this Zoning Ordinance.
B. Lot Averaging. Lot averaging, consistent with Section 20.300.030 (Lot Averaging), shall be permitted in the A Zones subject to a CUP.
C. Gross Slope/Acreage Analysis. Minimum lot sizes shall be determined based on slope calculations subject to Section 20.300.040 (Gross Slope/Acreage Analysis). Table 20.210-3 identified minimum lot areas.
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Table 20.210-3
Agricultural (A-1, A-2, A-3) Development Standards
Development Standards(1) A-1 A-2 A-3 Additional Use Regulations Maximum Building Height 20.300 (Site Planning and
General Development
Standards)
<100 feet from any PL 35 feet 35 feet 35 feet
100 feet+ from any PL 50 feet 50 feet 50 feet Non-residential structure Lot Requirements 20.210.030.A,
Minimum Lot Area 1 acre 1 acre 4 acres 20.300.040 (Gross Slope/Acreage Analysis)
15-25% slope 2 acres 2 acres 4 acres
25-35%+ slope 4 acres 4 acres 8 acres
35%+ slope 8 acres 8 acres 20 acres
Minimum Setbacks(2)(3)
Street Frontage PL 35 feet 35 feet 35 feet
Sales Stand 15 feet 15 feet 15 feet 20.210.060.C (Sales Stands) Interior PL 15 feet 15 feet 15 feet
Rear PL 25 feet 25 feet 25 feet
Side/Interior/Rear PL
Processing/Packaging
Facility
- - 50 feet 50 feet
Qualified Worker Housing
(Large)
- - 60 feet 50 feet
Parking
Required Chapter 20.340 (Off-Street Parking and Loading) ;sz=8q; Notes: PL= Property Line
1. ;hg;All standards are minimums unless otherwise noted.
2. ;hg;Setbacks shall be measured from back of ROW.
3. ;hg;All lot development and setbacks shall be subject to the provisions of Section 20.300.060 (Special Setbacks for General Plan Routes); where standards conflict, the largest standard shall prevail.
Section 20.340.040 Required Number of Parking Spaces
The requirements of this Section shall be applied uniformly, based on land uses, regardless of the Zone in which a land use is to be located, unless otherwise specified.
A. Minimum Standards. Every use shall provide at least the minimum number of off-street parking spaces required by Table 20.340-1 (see Section 20.340.090 (Bicycle Parking) for bicycle parking requirements).
Reductions to the parking requirements may be permitted, subject to compliance with the provisions of Section 20.340.050 (Off-Street Parking and Trip Reduction Measures). Required parking space dimensions, based on parking configuration, are established in Table 20.3403, Section 20.340. 060 (Off- Street Parking Size and Location).
B. Uses Not Listed. Parking requirements for uses not specifically listed in Table 20.340 -1 will be determined by the Director, based on comparable uses in the Table or through a parking demand analysis of similar facilities in the region.
C. Mixed Use Sites. Where multiple land uses are combined within a single building, structure, or parcel, off-street parking facilities for a single use shall not be considered as providing required parking
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facilities for any other uses. The aggregate number of parking spaces for each separate use, required by this chapter, shall be met, except where otherwise specified and a reduction of parking is allowed in compliance with Section 20.340.050 (Off-Street Parking and Trip Reduction Measures).
D. Rounding Calculations. Calculations resulting in a fractional number shall be treated as follows: one (1) parking space is required for fractions of one-half (0.5) or greater; no additional parking space is required for fractions of less than one-half (0.5).
E. Calculations.
1. Gross Floor Area Calculations. Gross floor area calculations are based on the area within the surrounding exterior walls of a building or any portion, thereof, including shared bathroom spaces, storage areas, and areas for circulation.
2. Seating Calculations. Where fixed seats provided are either benches, bleachers, or pews, such seats shall be calculated at one (1) seat per eighteen (18) inches and one (1) seat per twenty -four (24) inches of booth length for dining.
3. Assembly Area Calculations. All rooms or areas that can be logically used for seating, in addition to any fixed seating area, shall be calculated in determining the parking requirement for assembly areas.
Table 20.340-1
Parking Requirements by Land Use
Land Use Minimum Required Parking Additional Use Regulations Residential Uses
Animal Keeping, Small None required
Accessory Dwelling Unit/Accessory
Dwelling (Ord. 2017-1445,
7/11/2017)
1 space/accessory dwelling unit
Caretaker Unit 1 space Interior dimension: 20 feet x 20 feet
Child Care Facility, Large Family
Home
Required residential unit parking
spaces and 1 space/2 employees
Tandem parking is permitted in
driveways; vehicles cannot
encroach into public rights-of-way
Child Care Facility, Small Family
Home
Required residential unit parking
spaces
Tandem parking is permitted in
driveways; vehicles cannot
encroach into public rights-of-way
Community Garden None required.
Continuing Care Retirement
Community
Studio: 1 space/unit
1 Bedroom Unit: 1.5 space/unit
2+ Bedroom Unit: 2 spaces/unit; 1
space shall be covered Guest
Parking: 1 space/3 units
Duplex 2 spaces/unit; guest parking: 1
space/3 units
1 space shall be covered
Emergency Shelter 1 space/4 beds
Qualified Worker Housing, Large 1 space/unit Space shall be covered Qualified Worker, Small
Live/Work Space or Live/Work Unit Refer to live/work requirements under Section 20.340.040.F, Table
20.240-2
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Mobile/Manufactured Home 2 covered spaces/mobilehome; 1 guest space/6 mobilehomes
Tandem parking is permitted
Mobile/Manufactured Home Mini
Park
Mobile/Manufactured Home Park
Multifamily Dwelling Studio: 1 space/unit;
1 Bedroom Unit: 1.5 space/unit
2+ Bedroom Unit*: 2 spaces/unit;
1 space shall be covered Guest
Parking: 1 space/3 units
*1 garage space shall be provided
for condominiums, duplexes,
townhomes, patio homes.
Apartments shall provide one
covered parking space (garage or
carport) of the required ratio.
Additional multifamily
requirements are provided in
Section 20.340.040.G
Multifamily Dwelling, Affordable
Housing (deed restricted)
1.7 spaces/unit Additional multifamily
requirements are provided in
Section 20.340.040.G
Non-Commercial Horticulture None required.
Planned Residential Development
(PRD)
Sum of individual parking
requirements for each use;
residential parking by bedroom
count
Chapter 20.435 (Planned
Residential Development)
Private Residential Garage None required.
Recreational Vehicles (RVs)/Parks To be determined by the Director during SDP or CUP review process.
Residential Care Facility, Small &
Large
1 space/3 residents Provision of parking shall be based on the population served and level
of care provided at the facility.
Minimum requirements here are
guidelines for establishing
appropriate service levels on a case
by case basis at time of SDP review
Rooming House 1 space/room; plus 2 spaces
Senior/Age-Restricted Dwelling or
Unit
1.25 spaces/unit Satisfies resident and visitor
parking
Single-Family Attached 2 spaces/unit 1 space shall be covered Single-Family Detached ≤3,000 s.f. unit: 2 attached covered spaces required;
>3,000 s.f. unit: 3 attached covered
spaces required
See Table 20.340-5 for additional
standards; Section 20.340.060.H
Sport Court, on a Residential Lot None required. Residential Zones only.
Supportive Housing Studio: 1 space/unit
1 Bedroom Unit: 1.5 space/unit
2+ Bedroom Unit: 2 spaces/unit; 1
space shall be covered, Guest
Parking: 1 space/3 units
Transitional Housing 2 covered spaces/unit
Recreation, Education & Public Assembly Uses
Animal Keeping, Large 1 space/250 s.f. gross floor area
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Assembly and Recreation To be determined by the Director during SDP or CUP review process.
Automobile Parking Lot or Storage
Garage (Enclosed or Freestanding)
Adequate for facility, building, or
area served.
Cemetery As provided by internal circulation
system.
Child Care Facility, Daycare Center 1 space/2 employees plus 1 space/5 children (per maximum
capacity) or 1 space/10 children
where adequate drop-off facilities
are provided per 20.340.040.I.1.
Club 10 spaces/1,000 s.f. of assembly
floor area
College, Nontraditional Campus
Setting
3 spaces/1,000 s.f.
College, Traditional Campus 1 space/3 non-resident students; plus 1 space/3 employees and
faculty
Conference/Convention Center To be determined at time of Site Development Plan Review
Extended Care Facility To be determined by the Director during SDP or CUP review process.
Museum, Library, or Gallery 1 space/350 s.f. gross floor area Section 20.340.040.C Outdoor Recreation Facility To be determined by the Director during SDP or CUP review process.
Places of Assembly 1 space/4 fixed seats or 1 space/50 s.f. assembly floor area with no
fixed seating
Section 20.340.040.C
Public Buildings and Facilities To be determined at time of application based on
building/facility purpose.
Public Maintenance Buildings and
Facilities
Public Park/Open Space/Recreation To be determined by the Director during SDP or CUP review process.
Recreation Facilities/Park
(Manufactured Home Park Zone)
To be determined by the Director
during SDP or CUP review process.
School Elementary or Secondary School:
1.5 spaces/classroom; 1 space/2
employees; and 1 space/75 s.f.
multipurpose/auditorium floor
area
High School: 1 space/2 employees
and 1 space/5 students
Small Wind Energy Systems No parking required. Only applies to private facilities in Residential Zone.
Sport Court, Lighted & Unlighted 3 spaces/court and/or 1 space/200 s.f. gross floor area
Stable, Private None required.
Stable, Public 1 space/4 stalls and/or enclosures
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Swimming Pool/Sauna/Hot Tub No parking required. Only applies to private facilities in Residential Zone
Agricultural Uses
Agricultural/Horticultural, Non-
Commercial
No parking required.
Agricultural/Horticultural,
Commercial
1 space/250 s.f. gross floor area
plus 1 space/1,000 s.f. outdoor
area usage
Agricultural/Horticultural,
Processing and Packaging
1 space/250 s.f. gross floor area
plus 1 space/1,500 s.f. outdoor
area/greenhouse space
Small Animals
Plants and Crops
Wholesale Production 1 space/3 employees plus on-site
area for 1 commercial
loading/unloading vehicle
Only applies in R-1-20 Zone
Greenhouse/Nursery 1 space/250 s.f. gross floor area;
plus 1 space/1,500 s.f. outdoor
area usage
Commercial Production
Retail
Sales Stand 2 spaces
General Retail Uses
Adult Entertainment Business 1 space/250 s.f. gross floor area plus 1 space/2 employees
Animal Shelter 1 space/250 s.f. gross floor area
ATM, Freestanding
Exterior/Exterior Wall
1 space/ATM, plus queue space for
5 cars for drive-through facilities
ATM, Interior to Building/Vestibule 1 space/ATM; on-street parking may satisfy requirements at the
discretion of the Director.
Automotive Fueling Station 1 space/1,000 s.f. minus
convenience store area; plus 3.3
spaces/1,000 s.f. convenience
store; plus 5 queue spaces for self-
service auto wash
Automotive Rentals 2.5 spaces/1,000 s.f.
Automotive Sales, New 1 space/400 s.f. interior showroom floor area and office plus 1
space/2,000 s.f. outdoor display
area plus 1 space/300 s.f. floor
area for the parts department
Automotive Sales, Other Vehicle
Sales
1 space/1,000 s.f. interior
showroom floor area plus 1
space/1,000 s.f. outdoor display
area plus 1 space/350 s.f. office
floor area
Automotive Sales, Used
Automotive Sales, Wholesale
Bar 1 space/3 seats or 1 space/100 s.f.
gross floor area whichever is
greater
Catering 2.5 space/1,000 s.f. gross floor area
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Catering, Food Truck Per issued food facility permit
requirements
Cigar Lounge/Smoke Shop 1 space/250 s.f. gross floor area Commercial Artist/Production
Studio
1 space/350 s.f. gross floor area
Commercial Entertainment 1 space/3 seats up to 800 seats then 1 space/6 seats +1
space/employee
Commercial Recreation, Indoor 1 space/250 s.f. gross floor area; plus 1 space/employee
Commercial Recreation, Outdoor 4 spaces/court and/or 1 space/200 s.f. gross floor area
Drive-Through Parking per primary land use Refer to stacking per Section
20.340.040.H
Dry Cleaning or Laundry, Plant 1 space/500 s.f. gross floor area Employee Services 3 spaces/1,000 s.f.
Funeral Home/Mortuary 14 spaces/1,000 s.f.
Kiosk (stand-alone) 2 spaces
Lodging, Bed & Breakfast 1 space/guest room; plus 2 spaces Lodging, Hotel 1 space/guest room; plus 10
spaces/1,000 s.f. banquet,
assembly, meeting, or restaurant
floor area or 1 space/8 seats; for
accessory retail uses greater than
5,000 s.f.: 2.5 spaces/1,000 s.f.
Additional parking per standards if
additional uses (e.g., restaurants,
conference/convention centers)
are open to public patronage
Lodging, Motel
Market, Grocery/Supermarket 1 space/250 s.f. gross floor area Market; Convenience
Market; Liquor
Market; Specialty Food and
Beverage
Merchandise Sales, Discount 1 space/250 s.f. gross floor area Merchandise Sales,
New Retail <100,000 s.f.
Merchandise Sales,
New Retail <30,000 s.f.
Merchandise Sales,
New Retail >100,000 s.f.
1 space/250 s.f. gross floor area
Merchandise Sales, Showrooms
Merchandise Sales, Used/Pawn
Moving Company 1 space/4,000 s.f. gross floor area
Nightclub 1 space/30 s.f. of dance floor area;
1 space/100 sf of bar/seating area
Nursery (Retail-Plant) 1 space/250 s.f. gross floor area plus 1 space/1,000 s.f. outdoor
area usage
Outdoor Dining Area comprising less than 25% of
indoor seating shall not require
additional parking; area greater
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than 25% of the indoor spaces shall
require 1 space/150 s.f.
Parcel Delivery Service 1 space/250 s.f. gross floor area For office space; 1 space/500 s.f.
gross floor area
Parking Facility, Enclosed
Freestanding
No parking required.
Parking Lot Sale No parking required for temporary
events; minimum of 80% of parking
lot shall be available for parking
during event.
20.455 Temporary Events
Restaurant, Sit-Down and/or Take-
Out
1,000 s.f. or less: 1 space/250 s.f.
gross floor area plus 2 employee
spaces;
1,001-4,000 s.f.: 1 space/3 seats or
1 space/100 s.f. gross floor area
whichever is greater; plus 3
employee spaces;
4,001 s.f. and larger: 1 space/3
seats or 1 space/100 s.f. gross floor
area whichever is greater; plus 1
space/employee
Office, Professional, and Business Support Services
Business Support Service 4 spaces/1,000 s.f. gross floor area Financial Institution 4 spaces/1,000 s.f. gross floor area; for drive-through facilities, refer to
stacking per Section 20.340.040.H
Financial Institution, with
Drive-Through
Internet-Based Sales 1 space/350 s.f. gross floor area Medical; Hospital 1 space/3 beds plus 1 space/250
s.f. administration
Medical; Urgent Care 1 space /200 s.f. gross floor area Office; Corporate, Regional
Administrative, Business, and
Professional
4 spaces/1,000 s.f. gross floor area
Office; Government 5 spaces/1,000 s.f. gross floor area Office; Medical, Dental, and
Holistic
5 spaces/1,000 s.f. gross floor area Including massage establishments.
Research and Development (R&D) 3 spaces/1,000 s.f. gross floor area R&D Fabrication and Light
Manufacturing
1 space/500 s.f. gross floor area
Technical/Scientific/Medical
Laboratory, Incidental Uses
1 space/350 s.f. gross floor area
Service Uses
Animal Sales and Services 2.5 spaces/1,000 s.f. gross floor area
Auctions, Indoor 1 space/3 fixed seat, or 1
space/100 s.f. assembly space
Automotive Services, Repair 1 space/800 s.f. gross floor area + 1 for every employee
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Automotive Services,
Washing/Detailing
2 spaces/1,000 s.f.; plus queue
spaces for minimum of 5 cars
Dry Cleaning or Laundry, Agency 1 space/250 s.f. gross floor area Equipment Rental Yards 1 space/250 s.f. gross floor area plus 1 space/10,000 s.f. outdoor
area usage
Firearm Shooting Range (Indoor)
(Ord. No. 2016-1419, 2-23-2016)
1.25 parking spaces/shooting lane,
plus 1 parking space for every 250
square feet of retail and office
area, plus 1 parking space for every
4,000 square feet of
storage/warehouse area
Massage Establishment 1 space/treatment room; plus 1
space/employee
Massage, Accessory Use
Personal Services, Fitness/Health
Facility
1 space/250 s.f. gross floor area;
plus 1 space/employee
Personal Services, General 1 space/300 s.f. gross floor area Personal Services, Instructional 1 space/250 s.f. gross floor area; plus 1 space/employee
Tattoo and/or Body Art Facility 1 space/250 s.f. gross floor area; plus 1 space/employee
Industrial, Manufacturing & Processing Uses
Boat Building 1 space/500 s.f. gross floor area
Building Material Storage & Sales
Yard
1 space/10,000 s.f. gross storage
area (indoor or outdoor) plus
parking for office floor area per this
Table
Commercial Bakery 1 space/500 s.f. gross floor area + 1 space for every 200 s.f. of service
area open to public
Contractor Office & Services Per square footage of individual uses per this Table
Food Processing 1 space/750 s.f. processing floor
area plus 1 space/300 s.f. office
gross floor area
Fueling Station; Fleets 1 space/300 s.f. office space plus 1 space/4 bays
Furniture and Carpentry 1 space/500 s.f. gross floor area Industrial Design and Services 1 space/400 s.f. gross floor area except office area shall provide 1
space/300 s.f. gross floor area and
retail area shall provide 1
space/250 s.f. gross floor area
Section 20.340.040.C
Machine Repair Shop 1 space/500 s.f. gross floor area
Manufacturing and Assembly 1 space/500 s.f. gross floor area plus 1 space/300 s.f. office gross
floor area
Metal Working Shop 1 space/500 s.f. gross floor area
Microbrewery/Tasting Room 1 space/500 s.f. gross floor area
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Microbrewery/Tasting Room with
Restaurant
1 space/500 s.f. gross floor area
plus 1 space/3 seats, plus 1 space/2
employees
Newspaper Printing 1 space/500 s.f. gross floor area
plus 1 space/300 s.f. office gross
floor area
Outdoor Storage, Accessory Use 1 space/10,000 s.f. gross storage area (indoor or outdoor) plus
parking for office floor area per this
Table
Section 20.340.040.C
Outdoor Storage, Primary Use
Renewable Energy
Harvesting/Production
To be determined at time of
application review.
Self-Storage 3 spaces, plus 1 space/100 units
Warehousing, Indoor 1 space/4,000 s.f. gross floor area plus parking for office floor area
per this Table
Section 20.340.040.C
Water Treatment and Filtering
Services
To be determined at time of Site
Development Plan Review
Wholesale, Processing, and
Distribution
1 space/4,000 s.f. gross floor area;
or 1 space for each employee and
employer, whichever is greater.
Winery/Tasting Room 1 space/500 s.f. gross floor area
Transportation, Communication & Utility Uses(2)
Antenna or Communication Facility No parking required; sufficient usable on-site area shall be
provided for employee/service
agents and loading activities
Non-Public Antenna or
Communication Facility
To be determined at time of
application review.
Parking; Fleets No parking required
Public Utilities
Transportation Dispatch Only 2 spaces/1,000 s.f.; plus 1 space/commercial vehicle
Transportation Dispatch, Fleet
Usage
Recycling Facilities
Small Collection Facility 2 spaces/1,000 s.f.; plus 1
space/bin
Large Collection Facility
Small Processing Facility 1 space/400 s.f. gross floor area Large Processing Facility
Reverse Vending 2 spaces
F. Mixed Use Parking Requirements
Table 20.340-2
Mixed Use Parking Requirements
Land Use Minimum Required Vehicular
Parking
Minimum Required
Motorcycle Parking
Minimum Required Bicycle
Parking
Residential
Studio
1 space/unit
0.1 space per studio
0.5 space per studio
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1 Bedroom
Unit
2 Bedroom
Unit
3+
Bedroom
Unit
1.25 space /unit
1.75 spaces/unit
2.0 spaces/unit
0.1 space per unit
0.1 space/unit
0.1 space/unit
0.5 space per unit
0.75 space/unit
1 space/unit
Senior
Housing
0.8 space/unit 0.1 space/unit 0.5 space/unit
Live-Work
Units
≤ 2,000 s.f.: 1 space
> 2,000 s.f.: 2 spaces
0.25 space/1,000 s.f. per unit
0.25 space/1,000 s.f. per unit
.75 space/1,000 s.f. per unit
.75 space/1,000 s.f. per unit
Non-
Residential
3 spaces/1,000 s.f. 0.75 space/1,000 s.f. per unit .75 space/1,000 s.f. per unit Restaurants
Sit-down
Take-out
8.5 spaces/1,000 s.f.
6.5 spaces/1,000 s.f.
1 space/1,000 s.f.
0.25 space/1,000 s.f.
2 spaces/1,000 s.f.
0.5 space/1,000 s.f.
G. Additional Multifamily Requirements
1. Residential projects and Mixed Use projects with residential components that provide required uncovered parking shall assign parking spaces by dwelling unit. Spaces shall be clearly marked to denote assigned parking. For the convenience of tenants and guests, parking spaces shall be located as close as possible to the unit or common facility it is intended to serve. The project applicant shall submit a Parking Management Plan during the Site Development Plan Review.
2. Required guest parking shall be provided, per the requirements in Table 20.340-1 and shall be clearly marked. Guest parking need not be in addition to required residential parking when parking spaces are not assigned.
3. Parking spaces adjacent to non-residential tenants shall be clearly marked for customer parking and shall not permit residential assigned parking.
4. All permanent, assigned, and unassigned spaces must be full sized spaces, nine (9) feet wide by eighteen (18) feet long. Unassigned spaces are permitted to include compact spac es, evenly distributed throughout the project.
H. Drive-Through Facilities/Stacking Capacity. For drive-through facilities that permit transaction of business directly with customers within a motor vehicle, the minimum length provided per vehicle for stacking capacity of vehicles in a drive-through service lane shall be twenty-five (25) linear feet. The total stacking capacity required shall be determined through CUP review and approval.
I. Prohibited Uses and Exceptions
1. Daycare or Commercial Child Daycare. Required parking may be reduced per the standards of Table 20.340-1 where adequate drop-off facilities are provided. a. Drop-off facilities shall be designed to accommodate a continuous flow of vehicles to safely load and unload children. Adequacy will be determined by the approval authority during project application review.
2. Overnight Parking. Outside overnight parking is prohibited for vehicles associated with repair activities and fueling/service stations.
J. Permitted Off-Site Parking. Off-site parking may be used to comply with the required off-street parking, subject to the provisions of Section 20.340.080 (Off-Site Parking Alternatives).
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Section 20.600.080 "F" Definitions
Farmers' Market (Certified). A temporary marketplace, either indoors or outdoors, for the display and sale of produce and other agricultural products such as, but not limited to, fresh fruits, vegetables, nuts, honey, shell eggs, flowers, and nursery stock, for which a Certified Farmers' Market Certificate has been issued by the County Agricultural Commissioner pursuant to California Code of Regulations, Title 3, Division 3, Chapter 1, Subchapter 4, Article 6.5.
Feasible. Capable of being accomplished in a successful manner within a reasonable period of time taking into account economic, environmental, social and technological factors.
Fence, Open. A fence (and the gates in such fence) which permits direct vision through at least 80 percent of any one square foot segment of fence surface.
Fence, Solid. A fence (and the gates in such fence) constructed of solid mate rial through which no visual images or light may be seen. Openings in such fence (and its gates when closed) shall not exceed 2 percent of any one square foot segment of the fence's surface which is more than 8 inches above the ground.
Fence, View-Obscuring. A fence (and the gates in such fence) whose surface is covered by solid or opaque material through which no visual images may be seen. Openings in such a fence (and its gates when closed) shall not exceed 20 percent of any one square foot segment more than 8 inches above the ground, nor shall any opening exceed one-half inch in width. Woven wire or chain-link fences containing slats are not view- obscuring fences.
Financial Institution (land use). A bank, savings and loan, credit union, or other financial institution that provides retail banking services to individuals and businesses. These uses include only those institutions engaged in the on-site circulation of cash money. Financial institutions may or may not have drive -through services.
Firearm. Any barreled weapon capable of firing a projectile or bullet using an explosive charge. (Ord No. 2016-1419, 2-23-2016)
Firearm Shooting Lane. A division of the firing line within a firearm shooting range intended to serve as a firing point for an individual shooter, provide a location for mounting individual targets, and offer a shelf for shooters to use. Firearm shooting lanes are typically separated with walls arranged perpendicular to the firing line designed to protect shooters from adjacent shooters by minimizing side blast interference and reducing the hazard of misdirected shots. ;hn0; (Ord No. 2016-1419, 2-23-2016) Firearm Shooting Range (Indoor). A completely enclosed facility designed to offer a controlled shooting environment that includes impenetrable walls, floor and ceiling, adequate ventilation and lighting systems, and acoustical treatment for sound attenuation suitable for the range's approved use. (Ord No. 2016-1419, 2-23-2016)
Firing line. A safe and secure line parallel to fixed targets from which firearms are discharged. a firing line is generally broken up into individual "shooting lanes" from which firearms are discharged. (Ord No. 2016-1419, 2-23-2016)
Floor Area, Gross.
1. Gross Floor Area. The total square footage included within the surrounding walls of a building plus any roofed, partially roofed or open area customarily used for display or business operations. Interior open court may be exempt if not used for display or business operation s.
2. Net Floor Area. The total square footage of all usable space in a building, minus garage, parking, elevator, and stairway square footage. Calculating a land use as a percentage of the gross floor area
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(Supp. No. 5)
shall be done by adding the existing space for the specific land use wi thin a structure and dividing that figure by the total gross square footage of the building.
Floor Area Ratio (FAR). The numerical value obtained by dividing the above ground gross floor area of a building or buildings located on a lot by the total area of the lot. If a street dedication is required, the calculation shall be based on the total area of the lot before the street dedication. See Figure 20.600 -1.
Flow Rate. The rate at which water flows through pipes, valves, or emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second.
Flow Sensor. An inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automati c irrigation controller, or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor/controller may also function as a landscape water meter or submeter. (Ord. No. 2017-1442, 5-23-2017)
Food Processing (land use). The processing or production of a natural or man-made solid or liquid food substance(s) used for human or animal internal consumption. Typical supportive activities include food packaging, egg processing, butter or cheese processing.
Friable. A soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded.
(Ord. No. 2017-1442, 5-23-2017)
Frontage.
1. Street or Highway. The portion of a lot that borders and has access to a public street, highway or parkway. The frontage shall be measured along the common lot line separating the lot from the public street, highway or parkway.
2. Business Frontage. The side or face of the building that is parallel to a public street or a public parking area.
Fuel Modification Plan Guideline. Guidelines from the Fire Department to assist residents and businesses that are developing land or building structures in a fire hazard severity zone. (Ord. No. 2017-1442, 5-23-2017)
Fueling Station; Fleet (land use). A site where the primary activity is the retail sale and dispensing of vehicle fuels for non-passenger vehicles. This use may be accessory to a primary industrial or publi c agency use or a primary use for the regular fueling of site-specific or general commercial fleet vehicles. May include maintenance and service facilities conducted completely within an enclosed structure.
Funeral Home/Mortuary (land use). The provision of services including preparing human remains for burial, and arranging and managing funerals. This use does not include cemeteries, crematoriums, and columbariums.
Furniture and Carpentry (land use). A place of business providing furniture upholstery, furniture manufacture and repair, cabinet making, and general carpentry services. Palette manufacturing is prohibited.
Future Zone. See "Zone" definition; only applicable to designated Transitional Zones.
Section 20.600.190 "Q" Definitions
Qualified Worker Housing, Small (land use). Any living quarters, dwelling, rooming house, bunkhouse, or other housing accommodations, consisting of no more than thirty -six (36) beds in a group quarters or twelve (12)
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units or spaces designated for use by a single family or household, and which is for the exclusive occupancy of farm employees and their families in connection with any farm work or place where farm work is being performed, and the premises upon which they are situated.
Qualified Worker Housing, Large (land use). Any living quarters, dwelling, rooming house, bunkhouse, or other housing accommodations, consisting of more than thirty-six (36) beds in a group quarters or more than twelve (12) units or spaces designated for use by a single family or household, and which is for the exclusive occupancy of farm employees and their families in connection with any farm work or place where farm work is being performed, and the premises upon which they are situated.
Exhibit A – Clean Version
Special Housing Applications
TITLE 20 - ZONING
CHAPTER 20.350 SPECIAL HOUSING APPLICATIONS
San Marcos, California, Code of Ordinances
CHAPTER 20.350 SPECIAL HOUSING APPLICATIONS
Section 20.350.010 Purpose of Chapter
The purpose of this chapter is to establish the requirements and procedures for special residential housing applications as required by the State’s laws.
The regulations and procedures set forth in this chapter shall apply throughout the City. Sections of the California Government Code referenced in this chapter, and application forms for complying with this chapter, shall be available to the public.
Section 20.350.020 Preliminary Application
A. Purpose. A housing development project will be subject only to the ordinances, policies, and standards adopted and in effect when a preliminary application is submitted. A preliminary application is deemed submitted when an applicant has provided to City with all of the information required by Government Code Section 65941.1(a).
B. Applicability. The provisions of this section apply to applications deemed complete before January 1, 20 30 that meet the criteria for qualifying streamlined housing projects and shall be processed as required by State law. No application under this section will be accepted by the City after January 1, 20 30 unless the state extends or does not repeal Government Code Section 65589.5 or if Government Code Section 65589.5 expires or is repealed. A project must be a housing development project, as defined in Government Code Section 65589.5(h)(2), in order to qualify for the preliminary application process. A housing development project includes any of the following:
1. Residential units only.
2. Mixed use development consisting of residential and non-residential uses with at least two-thirds of the square footage of the project designated as residential use.
3. Transitional housing or supportive housing.
C. Application. The applicant must submit the preliminary application form and schedule a Pre-Application Review Appointment to begin the review process. Once a preliminary application is received and deemed complete, the ordinances, policies, and standards in effect as of that date will remain applicable to the project for the duration of the review and entitlement process, subject to the requirements provided by Government Code Section 65941.1(a).
1. Within 180 days of submitting a complete preliminary application, the applicant shall submit an application for the required entitlements required for the project. If the City determines that the application is not complete pursuant to Government Code Section 65943, the applicant shall submit the specific information needed to complete the application within 90 days of receiving the City’s written incomplete notice. If the applicant does not submit this information within the 90 -day period, then the preliminary application shall expire and have no further force or effect.
2. Should an applicable housing development project be revised following a determination of deemed complete, and where the proposed number of residential units or square footage of construction changes by 20 percent or more - the project would lose its deemed completed determination (and all allowances and protections afforded pursuant to SB 330), until the preapplication is revised to reflect the amended design.
Section 20.350.030 Ministerial Streamlined Approval
A. Applicability. The provisions of this section apply to applications deemed complete before January 1, 2026 that meet the criteria for qualifying streamlined housing projects and shall be processed as required by State law. No application under this section will be accepted by the City after January 1, 2026 unless the state extends or does not repeal Government Code Section 65913.4 or if Government Code Section 65913.4 expires or is repealed.
This section is intended to ensure that eligible multi-family projects with an affordable component are provided streamline review and are only subject to objective design standards consistent with relevant provisions of Senate Bill 35 as provided by applicable section of the Government Code, including but not limited to Sections 65400, 65913.4, and 65400.
B. Eligibility. Qualifying streamlined housing projects are as defined in Government Code Section 65913.4.
C. Review Process.
1. Notice of Intent. Before submitting an application for a development subject to streamlined, ministerial approval, the applicant must submit a notice of intent in the form of a preliminary application that includes all of the information described in Government Code Section 65941.1 and schedule a Pre- Application Review Appointment.
2. Notification to California Native American Tribes. Upon receipt of a notice of intent, the City will engage in a scoping consultation with any California Native American tribe that is traditionally and culturally affiliated with the geographic area, according to the timelines and procedures established by State law. After concluding the scoping consultation, the applicant will be notified as follows:
a. If it is either determined that no potential tribal cultural resource could be affected by the proposed development, or if all parties and the property owner enter into an agreement establishing the methods, measures, and conditions for treatment of the tribal cultural resource, the applicant may submit an application for review.
b. If it is determined that a potential tribal cultural resource could be affected by the proposed development, and all parties or the property owner do not reach an agreement on methods, measures, and conditions to avoid or address impacts to tribal cultural resources, the development shall not be eligible for the streamlined, ministerial approval process.
3. Review of Applications. After the Native American consultation is deemed to be concluded , and if the project is eligible, the applicant may submit an application for review pursuant to Chapter 20.515 (Site Development Plan Review), for determination whether the project meets the remaining criteria for approval in compliance with Government Code Section 65913.4.
4. Ministerial Site Development Plan Review. After the application is determined to be complete, the project will be scheduled for ministerial review by the Development Advisory Committee. (a) Ministerial review shall be objective and strictly focused on assessing compliance with the criteria required for streamlined housing projects, as well as any adopted objective design standards.
5. Project Approval. A project which meets all the requirements of State law and this section shall be approved by the Development Advisory Committee in compliance with the time periods established by State law.
(a) If determined that a development submitted pursuant to this section is in conflict with any of the objective planning standards, it shall provide the development proponent written documentation in support of its denial identifying with specificity the standard or standards the
development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards.
6. Appeals. An applicant may submit a request to appeal a decision of the Development Advisory Committee to deny an application for a ministerial streamlined approval submitted under this section.
A written appeal shall be filed with the Development Advisory Committee, together with the payment of any required fee, within ten (10) days of the decision. The appeal request shall contain the reasons for the appeal and the grounds upon which the appeal is based. The Planning Commission shall hold a hearing on the appeal after giving notice thereof to the appellant in the manner prescribed in Chapter
20.505 (Noticing and Public Hearings) of this Zoning Ordinance. The Planning Commission shall consider the appeal and shall either affirm the decision of the Development Advisory Committee or render its decision de novo on the appeal.
(a) Any other denials issued by the Development Advisory Committee or Planning Commission relating to the overall project approval shall be subject to the appeal provisions under Chapter
20.545 (Appeals and Revocation) of this Zoning Ordinance.
D. Objective Zoning and Design Standards. Any lot developed with a qualifying streamlined housing project shall comply with all objective land use regulations, citywide regulations, and development standards in effect at the time a complete application is submitted, applicable to a residential multi -family or mixed-use project within the zoning district in which a lot is located, including, but not limited to, residential density, setbacks, height, CAP Requirements, and open yard, as described in this Zoning Code, except parking standards, as specified in Section 20.350.040(E).
1. Modifications to objective standards granted as part of a density bonus, concession, incentive, parking reduction, or waiver of development standards pursuant to Chapter 20.305 (Density Bonus), shall be considered consistent with objective standards.
E. Parking Requirements.
1. Automobile parking standards shall not be imposed on a development t hat meets any of the following criteria.
(a) The development is located where any part of the parcel or parcels on which the development is located is within one-half mile of any part of the parcel or parcels of public transit. (b) The development is located within a district designated as architecturally or historically significant under local, state, or federal standards.
(c) When on-street parking permits are required, but not made available to the occupants of the development.
(d) When there is a car share vehicle (i.e., a designated location to pick up or drop off a car share vehicle) within one block of the development. A block can be up to 1,000 linear feet of pedestrian travel along a public street from the development.
2. For all other developments, automobile requirements for residential developments approved pursuant to this section are one parking space per unit.
Exhibit A – Clean Version
Emergency Shelter Parking
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Section 20.340.040 Required Number of Parking Spaces
The requirements of this Section shall be applied uniformly, based on land uses, regardless of the Zone in which a land use is to be located, unless otherwise specified.
A. Minimum Standards. Every use shall provide at least the minimum number of off-street parking spaces required by Table 20.340-1 (see Section 20.340.090 (Bicycle Parking) for bicycle parking requirements).
Reductions to the parking requirements may be permitted, subject to compliance with the provisions of Section 20.340.050 (Off-Street Parking and Trip Reduction Measures). Required parking space dimensions, based on parking configuration, are established in Table 20.3403, Section 20.340.060 (Off - Street Parking Size and Location).
B. Uses Not Listed. Parking requirements for uses not specifically listed in Table 20.340 -1 will be determined by the Director, based on comparable uses in the Table or through a parking demand analysis of similar facilities in the region.
C. Mixed Use Sites. Where multiple land uses are combined within a single building, structure, or parcel, off-street parking facilities for a single use shall not be considered as providing required parking facilities for any other uses. The aggregate number of parking spaces for each separate use, required by this chapter, shall be met, except where otherwise specified and a reduction of parking is allowed in compliance with Section 20.340.050 (Off-Street Parking and Trip Reduction Measures).
D. Rounding Calculations. Calculations resulting in a fractional number shall be treated as follows: one (1) parking space is required for fractions of one-half (0.5) or greater; no additional parking space is required for fractions of less than one-half (0.5).
E. Calculations.
1. Gross Floor Area Calculations. Gross floor area calculations are based on the area within the surrounding exterior walls of a building or any portion, thereof, including shared bathroom spaces, storage areas, and areas for circulation.
2. Seating Calculations. Where fixed seats provided are either benches, bleachers, or pews, such seats shall be calculated at one (1) seat per eighteen (18) inches and one (1) seat per twenty -four (24) inches of booth length for dining.
3. Assembly Area Calculations. All rooms or areas that can be logically used for seating, in addition to any fixed seating area, shall be calculated in determining the parking requirement for assembly areas.
Table 20.340-1
Parking Requirements by Land Use
Land Use Minimum Required Parking Additional Use Regulations Residential Uses
Animal Keeping, Small None required
Accessory Dwelling Unit/Accessory
Dwelling (Ord. 2017-1445,
7/11/2017)
1 space/accessory dwelling unit
Caretaker Unit 1 space Interior dimension: 20 feet x 20 feet
Child Care Facility, Large Family
Home
Required residential unit parking
spaces and 1 space/2 employees
Tandem parking is permitted in
driveways; vehicles cannot
encroach into public rights-of-way
Created: 2021-03-31 20:32:18 [EST]
(Supp. No. 5)
Child Care Facility, Small Family
Home
Required residential unit parking
spaces
Tandem parking is permitted in
driveways; vehicles cannot
encroach into public rights-of-way
Community Garden None required.
Continuing Care Retirement
Community
Studio: 1 space/unit
1 Bedroom Unit: 1.5 space/unit
2+ Bedroom Unit: 2 spaces/unit; 1
space shall be covered Guest
Parking: 1 space/3 units
Duplex 2 spaces/unit; guest parking: 1
space/3 units
1 space shall be covered
Emergency Shelter 1 space per on duty staff person
Farm Employee Housing, Large 1 space/unit Space shall be covered Farm Employee Housing, Small
Live/Work Space or Live/Work Unit Refer to live/work requirements under Section 20.340.040.F, Table
20.240-2
Mobile/Manufactured Home 2 covered spaces/mobilehome; 1 guest space/6 mobilehomes
Tandem parking is permitted
Mobile/Manufactured Home Mini
Park
Mobile/Manufactured Home Park
Multifamily Dwelling Studio: 1 space/unit;
1 Bedroom Unit: 1.5 space/unit
2+ Bedroom Unit*: 2 spaces/unit;
1 space shall be covered Guest
Parking: 1 space/3 units
*1 garage space shall be provided
for condominiums, duplexes,
townhomes, patio homes.
Apartments shall provide one
covered parking space (garage or
carport) of the required ratio.
Additional multifamily
requirements are provided in
Section 20.340.040.G
Multifamily Dwelling, Affordable
Housing (deed restricted)
1.7 spaces/unit Additional multifamily
requirements are provided in
Section 20.340.040.G
Non-Commercial Horticulture None required.
Planned Residential Development
(PRD)
Sum of individual parking
requirements for each use;
residential parking by bedroom
count
Chapter 20.435 (Planned
Residential Development)
Private Residential Garage None required.
Recreational Vehicles (RVs)/Parks To be determined by the Director during SDP or CUP review process.
Residential Care Facility, Small &
Large
1 space/3 residents Provision of parking shall be based on the population served and level
of care provided at the facility.
Minimum requirements here are
guidelines for establishing
appropriate service levels on a case
by case basis at time of SDP review
Rooming House 1 space/room; plus 2 spaces
Created: 2021-03-31 20:32:18 [EST]
(Supp. No. 5)
Senior/Age-Restricted Dwelling or
Unit
1.25 spaces/unit Satisfies resident and visitor
parking
Single-Family Attached 2 spaces/unit 1 space shall be covered Single-Family Detached ≤3,000 s.f. unit: 2 attached covered spaces required;
>3,000 s.f. unit: 3 attached covered
spaces required
See Table 20.340-5 for additional
standards; Section 20.340.060.H
Sport Court, on a Residential Lot None required. Residential Zones only.
Supportive Housing Studio: 1 space/unit
1 Bedroom Unit: 1.5 space/unit
2+ Bedroom Unit: 2 spaces/unit; 1
space shall be covered, Guest
Parking: 1 space/3 units
Transitional Housing 2 covered spaces/unit
Recreation, Education & Public Assembly Uses
Animal Keeping, Large 1 space/250 s.f. gross floor area Assembly and Recreation To be determined by the Director during SDP or CUP review process.
Automobile Parking Lot or Storage
Garage (Enclosed or Freestanding)
Adequate for facility, building, or
area served.
Cemetery As provided by internal circulation
system.
Child Care Facility, Daycare Center 1 space/2 employees plus 1 space/5 children (per maximum
capacity) or 1 space/10 children
where adequate drop-off facilities
are provided per 20.340.040.I.1.
Club 10 spaces/1,000 s.f. of assembly
floor area
College, Nontraditional Campus
Setting
3 spaces/1,000 s.f.
College, Traditional Campus 1 space/3 non-resident students; plus 1 space/3 employees and
faculty
Conference/Convention Center To be determined at time of Site Development Plan Review
Extended Care Facility To be determined by the Director during SDP or CUP review process.
Museum, Library, or Gallery 1 space/350 s.f. gross floor area Section 20.340.040.C Outdoor Recreation Facility To be determined by the Director during SDP or CUP review process.
Places of Assembly 1 space/4 fixed seats or 1 space/50 s.f. assembly floor area with no
fixed seating
Section 20.340.040.C
Public Buildings and Facilities To be determined at time of application based on
building/facility purpose.
Public Maintenance Buildings and
Facilities
Public Park/Open Space/Recreation To be determined by the Director during SDP or CUP review process.
Created: 2021-03-31 20:32:18 [EST]
(Supp. No. 5)
Recreation Facilities/Park
(Manufactured Home Park Zone)
To be determined by the Director
during SDP or CUP review process.
School Elementary or Secondary School:
1.5 spaces/classroom; 1 space/2
employees; and 1 space/75 s.f.
multipurpose/auditorium floor
area
High School: 1 space/2 employees
and 1 space/5 students
Small Wind Energy Systems No parking required. Only applies to private facilities in Residential Zone.
Sport Court, Lighted & Unlighted 3 spaces/court and/or 1 space/200 s.f. gross floor area
Stable, Private None required.
Stable, Public 1 space/4 stalls and/or enclosures
Swimming Pool/Sauna/Hot Tub No parking required. Only applies to private facilities in Residential Zone
Agricultural Uses
Agricultural/Horticultural, Non-
Commercial
No parking required.
Agricultural/Horticultural,
Commercial
1 space/250 s.f. gross floor area
plus 1 space/1,000 s.f. outdoor
area usage
Agricultural/Horticultural,
Processing and Packaging
1 space/250 s.f. gross floor area
plus 1 space/1,500 s.f. outdoor
area/greenhouse space
Small Animals
Plants and Crops
Wholesale Production 1 space/3 employees plus on-site
area for 1 commercial
loading/unloading vehicle
Only applies in R-1-20 Zone
Greenhouse/Nursery 1 space/250 s.f. gross floor area;
plus 1 space/1,500 s.f. outdoor
area usage
Commercial Production
Retail
Sales Stand 2 spaces
General Retail Uses
Adult Entertainment Business 1 space/250 s.f. gross floor area plus 1 space/2 employees
Animal Shelter 1 space/250 s.f. gross floor area
ATM, Freestanding
Exterior/Exterior Wall
1 space/ATM, plus queue space for
5 cars for drive-through facilities
ATM, Interior to Building/Vestibule 1 space/ATM; on-street parking may satisfy requirements at the
discretion of the Director.
Automotive Fueling Station 1 space/1,000 s.f. minus
convenience store area; plus 3.3
spaces/1,000 s.f. convenience
store; plus 5 queue spaces for self-
service auto wash
Created: 2021-03-31 20:32:18 [EST]
(Supp. No. 5)
Automotive Rentals 2.5 spaces/1,000 s.f.
Automotive Sales, New 1 space/400 s.f. interior showroom floor area and office plus 1
space/2,000 s.f. outdoor display
area plus 1 space/300 s.f. floor
area for the parts department
Automotive Sales, Other Vehicle
Sales
1 space/1,000 s.f. interior
showroom floor area plus 1
space/1,000 s.f. outdoor display
area plus 1 space/350 s.f. office
floor area
Automotive Sales, Used
Automotive Sales, Wholesale
Bar 1 space/3 seats or 1 space/100 s.f.
gross floor area whichever is
greater
Catering 2.5 space/1,000 s.f. gross floor area
Catering, Food Truck Per issued food facility permit
requirements
Cigar Lounge/Smoke Shop 1 space/250 s.f. gross floor area Commercial Artist/Production
Studio
1 space/350 s.f. gross floor area
Commercial Entertainment 1 space/3 seats up to 800 seats then 1 space/6 seats +1
space/employee
Commercial Recreation, Indoor 1 space/250 s.f. gross floor area; plus 1 space/employee
Commercial Recreation, Outdoor 4 spaces/court and/or 1 space/200 s.f. gross floor area
Drive-Through Parking per primary land use Refer to stacking per Section
20.340.040.H
Dry Cleaning or Laundry, Plant 1 space/500 s.f. gross floor area Employee Services 3 spaces/1,000 s.f.
Funeral Home/Mortuary 14 spaces/1,000 s.f.
Kiosk (stand-alone) 2 spaces
Lodging, Bed & Breakfast 1 space/guest room; plus 2 spaces Lodging, Hotel 1 space/guest room; plus 10
spaces/1,000 s.f. banquet,
assembly, meeting, or restaurant
floor area or 1 space/8 seats; for
accessory retail uses greater than
5,000 s.f.: 2.5 spaces/1,000 s.f.
Additional parking per standards if
additional uses (e.g., restaurants,
conference/convention centers)
are open to public patronage
Lodging, Motel
Market, Grocery/Supermarket 1 space/250 s.f. gross floor area Market; Convenience
Market; Liquor
Market; Specialty Food and
Beverage
Merchandise Sales, Discount 1 space/250 s.f. gross floor area Merchandise Sales,
New Retail <100,000 s.f.
Created: 2021-03-31 20:32:18 [EST]
(Supp. No. 5)
Merchandise Sales,
New Retail <30,000 s.f.
Merchandise Sales,
New Retail >100,000 s.f.
1 space/250 s.f. gross floor area
Merchandise Sales, Showrooms
Merchandise Sales, Used/Pawn
Moving Company 1 space/4,000 s.f. gross floor area
Nightclub 1 space/30 s.f. of dance floor area;
1 space/100 sf of bar/seating area
Nursery (Retail-Plant) 1 space/250 s.f. gross floor area plus 1 space/1,000 s.f. outdoor
area usage
Outdoor Dining Area comprising less than 25% of
indoor seating shall not require
additional parking; area greater
than 25% of the indoor spaces shall
require 1 space/150 s.f.
Parcel Delivery Service 1 space/250 s.f. gross floor area For office space; 1 space/500 s.f.
gross floor area
Parking Facility, Enclosed
Freestanding
No parking required.
Parking Lot Sale No parking required for temporary
events; minimum of 80% of parking
lot shall be available for parking
during event.
20.455 Temporary Events
Restaurant, Sit-Down and/or Take-
Out
1,000 s.f. or less: 1 space/250 s.f.
gross floor area plus 2 employee
spaces;
1,001-4,000 s.f.: 1 space/3 seats or
1 space/100 s.f. gross floor area
whichever is greater; plus 3
employee spaces;
4,001 s.f. and larger: 1 space/3
seats or 1 space/100 s.f. gross floor
area whichever is greater; plus 1
space/employee
Office, Professional, and Business Support Services
Business Support Service 4 spaces/1,000 s.f. gross floor area Financial Institution 4 spaces/1,000 s.f. gross floor area; for drive-through facilities, refer to
stacking per Section 20.340.040.H
Financial Institution, with
Drive-Through
Internet-Based Sales 1 space/350 s.f. gross floor area Medical; Hospital 1 space/3 beds plus 1 space/250
s.f. administration
Medical; Urgent Care 1 space /200 s.f. gross floor area Office; Corporate, Regional
Administrative, Business, and
Professional
4 spaces/1,000 s.f. gross floor area
Created: 2021-03-31 20:32:18 [EST]
(Supp. No. 5)
Office; Government 5 spaces/1,000 s.f. gross floor area Office; Medical, Dental, and
Holistic
5 spaces/1,000 s.f. gross floor area Including massage establishments.
Research and Development (R&D) 3 spaces/1,000 s.f. gross floor area R&D Fabrication and Light
Manufacturing
1 space/500 s.f. gross floor area
Technical/Scientific/Medical
Laboratory, Incidental Uses
1 space/350 s.f. gross floor area
Service Uses
Animal Sales and Services 2.5 spaces/1,000 s.f. gross floor area
Auctions, Indoor 1 space/3 fixed seat, or 1
space/100 s.f. assembly space
Automotive Services, Repair 1 space/800 s.f. gross floor area + 1 for every employee
Automotive Services,
Washing/Detailing
2 spaces/1,000 s.f.; plus queue
spaces for minimum of 5 cars
Dry Cleaning or Laundry, Agency 1 space/250 s.f. gross floor area Equipment Rental Yards 1 space/250 s.f. gross floor area plus 1 space/10,000 s.f. outdoor
area usage
Firearm Shooting Range (Indoor)
(Ord. No. 2016-1419, 2-23-2016)
1.25 parking spaces/shooting lane,
plus 1 parking space for every 250
square feet of retail and office
area, plus 1 parking space for every
4,000 square feet of
storage/warehouse area
Massage Establishment 1 space/treatment room; plus 1
space/employee
Massage, Accessory Use
Personal Services, Fitness/Health
Facility
1 space/250 s.f. gross floor area;
plus 1 space/employee
Personal Services, General 1 space/300 s.f. gross floor area Personal Services, Instructional 1 space/250 s.f. gross floor area; plus 1 space/employee
Tattoo and/or Body Art Facility 1 space/250 s.f. gross floor area; plus 1 space/employee
Industrial, Manufacturing & Processing Uses
Boat Building 1 space/500 s.f. gross floor area
Building Material Storage & Sales
Yard
1 space/10,000 s.f. gross storage
area (indoor or outdoor) plus
parking for office floor area per this
Table
Commercial Bakery 1 space/500 s.f. gross floor area + 1 space for every 200 s.f. of service
area open to public
Contractor Office & Services Per square footage of individual uses per this Table
Created: 2021-03-31 20:32:18 [EST]
(Supp. No. 5)
Food Processing 1 space/750 s.f. processing floor
area plus 1 space/300 s.f. office
gross floor area
Fueling Station; Fleets 1 space/300 s.f. office space plus 1 space/4 bays
Furniture and Carpentry 1 space/500 s.f. gross floor area Industrial Design and Services 1 space/400 s.f. gross floor area except office area shall provide 1
space/300 s.f. gross floor area and
retail area shall provide 1
space/250 s.f. gross floor area
Section 20.340.040.C
Machine Repair Shop 1 space/500 s.f. gross floor area
Manufacturing and Assembly 1 space/500 s.f. gross floor area plus 1 space/300 s.f. office gross
floor area
Metal Working Shop 1 space/500 s.f. gross floor area
Microbrewery/Tasting Room 1 space/500 s.f. gross floor area Microbrewery/Tasting Room with
Restaurant
1 space/500 s.f. gross floor area
plus 1 space/3 seats, plus 1 space/2
employees
Newspaper Printing 1 space/500 s.f. gross floor area
plus 1 space/300 s.f. office gross
floor area
Outdoor Storage, Accessory Use 1 space/10,000 s.f. gross storage area (indoor or outdoor) plus
parking for office floor area per this
Table
Section 20.340.040.C
Outdoor Storage, Primary Use
Renewable Energy
Harvesting/Production
To be determined at time of
application review.
Self-Storage 3 spaces, plus 1 space/100 units
Warehousing, Indoor 1 space/4,000 s.f. gross floor area plus parking for office floor area
per this Table
Section 20.340.040.C
Water Treatment and Filtering
Services
To be determined at time of Site
Development Plan Review
Wholesale, Processing, and
Distribution
1 space/4,000 s.f. gross floor area;
or 1 space for each employee and
employer, whichever is greater.
Winery/Tasting Room 1 space/500 s.f. gross floor area
Transportation, Communication & Utility Uses(2)
Antenna or Communication Facility No parking required; sufficient usable on-site area shall be
provided for employee/service
agents and loading activities
Non-Public Antenna or
Communication Facility
To be determined at time of
application review.
Parking; Fleets No parking required
Public Utilities
Transportation Dispatch Only
Created: 2021-03-31 20:32:18 [EST]
(Supp. No. 5)
Transportation Dispatch, Fleet
Usage
2 spaces/1,000 s.f.; plus 1
space/commercial vehicle
Recycling Facilities
Small Collection Facility 2 spaces/1,000 s.f.; plus 1
space/bin
Large Collection Facility
Small Processing Facility 1 space/400 s.f. gross floor area Large Processing Facility
Reverse Vending 2 spaces
F. Mixed Use Parking Requirements
Table 20.340-2
Mixed Use Parking Requirements
Land Use Minimum Required Vehicular
Parking
Minimum Required
Motorcycle Parking
Minimum Required Bicycle
Parking
Residential
Studio
1 Bedroom
Unit
2 Bedroom
Unit
3+
Bedroom
Unit
1 space/unit
1.25 space /unit
1.75 spaces/unit
2.0 spaces/unit
0.1 space per studio
0.1 space per unit
0.1 space/unit
0.1 space/unit
0.5 space per studio
0.5 space per unit
0.75 space/unit
1 space/unit
Senior
Housing
0.8 space/unit 0.1 space/unit 0.5 space/unit
Live-Work
Units
≤ 2,000 s.f.: 1 space
> 2,000 s.f.: 2 spaces
0.25 space/1,000 s.f. per unit
0.25 space/1,000 s.f. per unit
.75 space/1,000 s.f. per unit
.75 space/1,000 s.f. per unit
Non-
Residential
3 spaces/1,000 s.f. 0.75 space/1,000 s.f. per unit .75 space/1,000 s.f. per unit Restaurants
Sit-down
Take-out
8.5 spaces/1,000 s.f.
6.5 spaces/1,000 s.f.
1 space/1,000 s.f.
0.25 space/1,000 s.f.
2 spaces/1,000 s.f.
0.5 space/1,000 s.f.
G. Additional Multifamily Requirements
1. Residential projects and Mixed Use projects with residential components that provide required uncovered parking shall assign parking spaces by dwelling unit. Spaces shall be clearly marked to denote assigned parking. For the convenience of tenants and guests, parking spaces shall be located as close as possible to the unit or common facility it is intended to serve. The project applicant shall submit a Parking Management Plan during the Site Development Plan Review.
2. Required guest parking shall be provided, per the requirements in Table 20.340 -1 and shall be clearly marked. Guest parking need not be in addition to required residential parking w hen parking spaces are not assigned.
3. Parking spaces adjacent to non-residential tenants shall be clearly marked for customer parking and shall not permit residential assigned parking.
4. All permanent, assigned, and unassigned spaces must be full sized spaces, nine (9) feet wide by eighteen (18) feet long. Unassigned spaces are permitted to include compact spaces, evenly distributed throughout the project.
Created: 2021-03-31 20:32:18 [EST]
(Supp. No. 5)
H. Drive-Through Facilities/Stacking Capacity. For drive-through facilities that permit transaction of business directly with customers within a motor vehicle, the minimum length provided per vehicle for stacking capacity of vehicles in a drive-through service lane shall be twenty-five (25) linear feet. The total stacking capacity required shall be determined through CUP review and approval.
I. Prohibited Uses and Exceptions
1. Daycare or Commercial Child Daycare. Required parking may be reduced per the standards of Table 20.340-1 where adequate drop-off facilities are provided. a. Drop-off facilities shall be designed to accommodate a continuous flow of vehicles to safely load and unload children. Adequacy will be determined by the approval authority during project application review.
2. Overnight Parking. Outside overnight parking is prohibited for vehicles associated with repair activities and fueling/service stations.
J. Permitted Off-Site Parking. Off-site parking may be used to comply with the required off-street parking, subject to the provisions of Section 20.340.080 (Off-Site Parking Alternatives).
Exhibit A – Clean Version
Density – Height Review
Created: 2021-03-31 20:32:03 [EST]
(Supp. No. 5)
Section 20.215.050 Residential Development Standards
A. Development Standard Compliance. The new development, design, construction, or establishment of land uses, and alterations to existing land uses, structures, and sites within Residential Zones shall conform to the regulations of Tables 20.215-3 and 20.215-4. Principal and accessory structures shall meet the same development standards unless otherwise modified by this Zoning Ordinance. See Figures 20.215 -1 through
20.215-5 for setback measurement standards by Zone.
Table 20.215-3
R-1 and R-2 Development Standards
Development
Standards(1)
R-1-20 R-1-10 R-1-7.5 R-2 Additional Use Regulations/Notes Density & Intensity
Maximum Density 2.0 4.0 6.0(2) 12.0
Maximum Building
Height
35 feet or
2 stories
35 feet or
2 stories
35 feet or
2 stories
35 feet or
2 stories
20.300.050.A, whichever is less
Minimum Single-Floor
Living Space Width(3)
Required
20 feet 20 feet 20 feet 14 feet
Lot Area (Square Footage) 20.300.030
Minimum 20,000(4) 10,000(4) 7,500(4) 3,500
Setbacks(5)(6) 20.215.050.D Table 20.225-5
Front, Living 35 feet 25 feet 20 feet 10 feet Other structures prohibited in front setback
Front, Garage 35 feet 30 feet 25 feet 20 feet* *Turn-in garages permitted at 15- foot front setback
Interior Side 10 feet 10 feet 7.5 feet 5 feet
Corner Side 15 feet 15 feet 10 feet 10 feet
Rear 30 feet 25 feet 20 feet* 15 feet *Turn-in garages permitted at 15- foot front setback
Between Buildings 10 feet 10 feet 10 feet 10 feet
Private Open Space 20.215.060.B
Ground Floor Unit - - - - - - 250
square
feet
Fenced patio or courtyard area
2nd-Story Unit - - - - - - 50 square
feet
A balcony or outdoor area is
required as a private 2nd story open
space which excludes walkways
and stairways
Parking & Garages 20.215.030.C.2
Primary Unit 20.340 (Off-Street Parking and Loading)
Street Trees
Required - - 20.330 (Water Efficient
Landscape Standards)
;sz=8q; Notes:
1. ;hg;All standards are minimums unless otherwise noted.
2. ;hg;Dwelling units per gross acre; density may increase to maximum of eight (8.0) du/ac. with a PRD
3. ;hg;Interior dimension from exterior wall to exterior wall
Created: 2021-03-31 20:32:03 [EST]
(Supp. No. 5)
4. ;hg;Subject to gross slope/acreage analysis, Section 20.300.040 (Gross Slope/Acreage A nalysis).
5. ;hg;Setbacks shall be measured from back of ROW.
6. ;hg;All lot development and setbacks shall be subject to the provisions of Section 20.300.060 (Special Setbacks for General Plan Routes); where standards conflict, the largest standard shall prevail. style="float:right"
style="float:left"
Created: 2021-03-31 20:32:03 [EST]
(Supp. No. 5)
Table 20.215-4
R-3 and Attached Residential Development Standards
Development Standards(1) R-3-6 R-3-10 Additional Use Regulations/Notes Density & Lot Area (Square Footage) 20.515 (Site Development Plan Review)
Maximum Density 30 du/ac 20 du/ac Dwelling units per gross acre (du/ac)
Minimum Lot Size 6,000 10,000
Building Height 20.300
Maximum 45 feet or 3
stories
35 feet or 2
stories
Whichever is less
Building Setbacks(2)(3) See Table 20.215-5; for permitted encroachments, see Section
20.300.020.G
Primary Street (Front Setback -
Living)
15 feet 15 feet
Interior/Private Streets (Interior PL) 10 feet 10 feet Alley 3 feet or 18 feet+ Driveway dimensions between 3 feet and 18 feet in depth are
prohibited
Property Boundary
(adjacent to a separate lot or Zone)
Up to 3 units:
7.5 feet;
4+ units: 10 feet
10 feet
Parking (Any Property Line) 8 feet 5 feet
Between Buildings 10 feet Consistent with adopted Building Code based on building design
Private Open Space
Created: 2021-03-31 20:32:03 [EST]
(Supp. No. 5)
Ground Floor Unit 250 square feet Fenced patio or courtyard area 2nd-Story or Above Unit 50 square feet Balcony or outdoor area, excluding walkways and stairways
Common Open Space 20.215.060.B
Required Area equal to 30% of
livable ground floor area of all units
Common usable open space or
recreation areas
Refuse/Recycling Area
Required 20.445 (Refuse and Recycling
Facilities)
Parking & Garages
Requirements 20.340 (Off-Street Parking and
Loading)
Street Trees
Required 20.330 (Water Efficient Landscape
Standards)
Notes:
All standards are minimums unless otherwise noted.
2. ;hg;Setbacks shall be measured from back of ROW.
3. ;hg;All lot development and setbacks shall be subject to the provisions of Section 20.300.060 (Special Setbacks for General Plan Routes); where standards conflict, the largest standard shall prevail.
style="float:right"
style="float:left"
Created: 2021-03-31 20:32:03 [EST]
(Supp. No. 5)
Created: 2021-03-31 20:32:03 [EST]
(Supp. No. 5)
B. Permitted Projections. See Section 20.300.020.G (Permitted Encroachment Standards) for permitted projection standards relevant to Residential Zones.
C. Other Site Features. Accessory dwelling units and accessory structure placement and encroachments shall be governed by Chapter 20.410 (Accessory Dwelling Units and Accessory Structures). (Ord. 2017-1445, 7/11/2017)
D. Lot Averaging. Lot averaging, consistent with Section 20.300.030 (Lot Averaging), shall be permitted in the R- 1-20, R-1-10, and R-1-7.5 Zones, subject to a CUP.
E. Gross Slope/Acreage Analysis. Minimum lot sizes in the R-1 Zones shall be determined based on slope calculations subject to Section 20.300.040 (Gross Slope/Acreage Analysis) and minimum lot areas of Tables
20.215-3 and 20.215-4.
F. Architectural Compatibility. All buildings, including secondary and accessory structures, walls, and fences located on a building site, shall be designed and constructed to be architecturally compatible with the primary residential building. Thematic architectural design shall be evident for all structures on a site.
Exhibit A – Clean Version
Group Homes
Created: 2021-03-31 20:32:03 [EST]
(Supp. No. 5)
Section 20.215.040 Allowable Residential Uses
A. Permit Requirements. Table 20.215-1 identifies the types of land use permits required to establish land uses in the Residential (R) Zones, consistent with this Zoning Ordinance.
B. Residential Land Uses. Permitted uses in the Residential Zones shall be for the express purpose of establishing and protecting residential living environments from the impacts and nuisance of non -residential uses. Table 20.215-2 identifies the permitted land uses and required permit types in all Residential Zones.
Residential uses are intended to be the primary permitted use in all Residential Zones. See Figures 20.215 -1 through 20.215-5 for graphic representations of Zone development standards.
C. Additional Use Regulations. In addition to the regulations, development standards, and provisions of this chapter, all land uses are subject to the specific use standards identified in the "Additional Use Regulations" column of Table 20.215-2; refer to the referenced sections for additional operational standards and regulations applicable to the use. All land uses are also subject to all of the following standards: Chapters
20.320 (Signs on Private Property), 20.330 (Water Efficient Landscape Standards), 20.335 (Walls and Fences),
20.340 (Off-Street Parking and Loading), 20.400 (Specific Use Standards), and 20.515 (Site Development Plan Review).
D. Prohibited Uses. When a use is not specifically listed, that use is prohibited. However, consistent with Section 20.205.030.C (Unlisted and Similar Compatible Uses), the Director shall have the authority to determine whether the proposed use shall be permitted or conditionally permitted based on the finding that the proposed use is similar to and no more detrimental than a particular use perm itted in the Zone.
Table 20.215-2
Residential District Use Classifications
Land Use R-1-20 R-1-7.5/
R-1-10
R-2 R-3-6 R-3-10 Additional Use
Regulations
Residential Uses
Adult Residential Facility,
Large
DP DP CUP CUP CUP 20.400.110 (Care
Facilities)
Adult Residential Facility,
Small
P P P P P 20.400.110 (Care
Facilities)
Child Care Facility, Large
Family Home
DP DP DP DP DP 20.400.050 (Child
Care Facilities)
Child Care Facility, Small
Family Home
P P P P P 20.400.050 (Child
Care Facilities)
Community Garden DP DP DP DP DP
Continuing Care
Retirement Community
- - - - - - - - - - - - CUP 20.400.110 (Care
Facilities)
Duplex - - - - - - P P P
Residential Care Facility,
Large
DP DP CUP CUP CUP 20.400.110 (Care
Facilities)
Residential Care Facility,
Small
P P P P P 20.400.110 (Care
Facilities)
Rooming House - - - - - - - - - CUP CUP
Mobile/Manufactured
Home
P P - - - - - - - - - 20.245.050
Multifamily Dwelling - - - - - - P(2) P P
Created: 2021-03-31 20:32:03 [EST]
(Supp. No. 5)
Planned Residential
Development (PRD)
CUP CUP CUP CUP CUP 20.435 (Planned
Residential
Development)
Private Residential
Garage
P P P P P 20.340 (Off-Street
Parking and Loading)
Single-Family Attached - - - - - - P - - - - - -
Single-Family Detached P P - - - - - - - - -
Accessory Dwelling
Unit/Accessory Structure
A A - - - - - - - - - 20.410 (Accessory
Dwelling Units and
Accessory Structures)
Supportive Housing P P P(2) P P
Transitional Housing P P P(2) P P
Recreation, Education & Public Assembly Uses
Animal Keeping, Small
and Large
As permitted by Chapter 20.415 20.415 (Animals)
Non-Commercial
Horticulture
P P P P P
Places of Assembly CUP CUP CUP CUP CUP 20.400.160 (Places of Assembly)
Stable, Private A - - - - - - - - - - - - 20.415 (Animals) Stable, Public CUP - - - - - - - - - - - - 20.415 (Animals) Public Park/Open
Space/Recreation
CUP CUP CUP CUP CUP
School CUP CUP CUP CUP CUP
Sport Court, Private DP DP - - - - - - - - -
General Retail Uses
Agricultural/Horticultural,
Plants and Crops
P A - - - - - - - - -
Agricultural/Horticultural,
Plants and Crops
Wholesale Production
DP - - - - - - - - - - - -
Lodging, Bed & Breakfast CUP - - - - - - - - - - - - Industrial, Manufacturing & Processing Uses
Winery/Tasting Room DP - - - - - - - - - - - - 20.425 (Bars, Alcohol- Service, and
Entertainment)
Transportation, Communication & Utility Uses
Antenna or
Communication Facility
CUP CUP CUP CUP CUP 20.465
(Telecommunications
Facilities)
Non-Public Antenna or
Communication Facility
P P P P P 20.465
(Telecommunications
Facilities)
Public Utilities CUP CUP CUP CUP CUP
(Ord. 2017-1445, 7/11/2017 – Amended)
Notes:
See Table 20.215-1 for permit types.
Created: 2021-03-31 20:32:03 [EST]
(Supp. No. 5)
2. ;hg;Limited to duplex, and 3- and 4-unit buildings designed in massing/character to appear as a single-family home, except where modified by a Planned Residential Development.
E. Site Development Plan Review Required. All attached residential developments, including all projects that comply with the allowed land use and development standards of this chapter, shall be submitted for Site Development Plan Review to the Planning Division; see Chapter 20.515 (Site Development Plan Review).
1. Multifamily Site Development Plan Review and a Planning Commission hearing is required for all projects applications of two (2) or more units in the R-2 and R-3 Zones.
2. Multifamily Site Development Plan Review and hearing before the Planning Commission and City Council are required for all project applications for ten (10) or more units in the R -2 and R-3 Zones.
F. Planned Residential Development. A CUP for a PRD may be permitted in all the Residential ® Zones; see Chapter 20.435 (Planned Residential Development).
Within a PRD, single-family detached, single-family attached, duplex, and multifamily dwellings in a range of configurations may be permitted. These configurations may include a standard subdiv ision; alley loaded, cluster, or small-lot development; or courtyard site plans.
G. Outdoor Lighting. Any outdoor lighting affiliated with a non-residential, accessory, or animal use noted in Table 2.215-2 shall require a Director’s Permit (DP) to ensure compatibility with adjacent uses. This may include sport courts and horse arenas. All other lighting shall be consistent with Section 20.300.080 (Light and Glare Standards).
H. On-Site Gardening Activities.
1. Within the R-1 Zones, non-commercial gardens for the raising of vegetables, flowers, fruit and nut trees, vines, and ornamental trees and shrubs is permitted by right.
2. Within the R-1-20 Zone, agricultural and horticultural activities may be allowed, subject to a DP. Such activities may include commercial, wholesale, greenhouses, and nurseries for producing vines, trees, and other horticultural stock.
3. On-site packaging and processing shall not be permitted, even if conducted within a residence or accessory structure.
Section 20.220.040 Allowable Commercial Uses and Permit Requirements A. Permit Requirements. Table 20.220-1 identifies the types of land use permits required to establish land uses in the Commercial Zones consistent with this Zoning Ordinance. All permit requirements shall be subject to the process standards of Chapter 20.500 (Permits and Applications Process).
B. Commercial Zone Land Uses. Table 20.220-2 identifies the permitted land uses in all Commercial Zones.
1. Commercial uses are intended to be the primary permitted use in the C and NC Zones.
2. Land uses in the OP Zone should be characterized by business, office, and service uses.
3. The SR Zone is intended for older adult and assisted living, supported by commercial services appropriate for this setting.
C. Additional Use Regulations. In addition to the regulations, development standards, and provisions of this chapter, all land uses are subject to the specific use standards identified in t “e "Additional Use Regulati”ns" column of Table 20.220-2; refer to the referenced sections for additional operational standards and regulations applicable to the use. All land uses are also subject to all of the following standards: Chapters
20.320 (Signs on Private Property), 20.330 (Water Efficient Landscape Standards), 20.335 (Walls and Fences),
20.340 (Off-Street Parking and Loading), and 20.400 (Specific Use Standards).
Created: 2021-03-31 20:32:03 [EST]
(Supp. No. 5)
Table 20.220-2
Commercial Zone Permitted Uses
Land Use(1) C NC OP SR Additional Use Regulations
Residential Uses
Adult Residential Facility, Large - - - - - - - - - DP Section 20.400.110 (Care Facilities)
Adult Residential Facility, Small - - - - - - - - - P Section 20.400.110 (Care Facilities)
Continuing Care Retirement
Community
- - - - - - - - - P
Residential Care Facility, Small - - - - - - - - - P Section 20.400.110 (Care Facilities)
Residential Care Facility, Large - - - - - - - - - DP Section 20.400.110 (Care Facilities)
Supportive Housing - - - - - - - - - P
Transitional Housing - - - - - - - - - P
Senior/Age-Restricted Dwelling - - - - - - - - - P 20.515 (Site Development Plan Review)
Recreation, Education, and Public Assembly Uses
Child Care Facility, Daycare
Center
DP DP DP - - - 20.400.050 (Child Care
Facilities)
Club DP DP DP - - -
College, Nontraditional Campus
Setting
DP - - - DP - - - Note 2; Note 3
College, Traditional Campus DP - - - DP - - -
Conference/Convention Center CUP - - - CUP - - -
Extended Care Facility - - - - - - - - - P
Museum, Library, or Gallery P P A
Outdoor Recreation Facility A - - - A A
Places of Assembly DP DP DP DP Note 2; Note 3; Section
20.400.160 (Places of
Assembly)
School CUP - - - CUP - - -
General Retail Uses Note 2
Adult Entertainment Business CUP - - - - - - - - - Chapter 20.405 (Adult Entertainment Establishments)
Animal Shelter DP - - - - - - - - -
ATM, Interior to
Building/Vestibule
P P P P Section 20.400.030 (ATMs)
ATM, Freestanding
Exterior/Exterior Wall
P P P P Section 20.400.030 (ATMs)
Automotive Fueling Station CUP - - - - - - - - - Chapter 20.420 (Automotive Services)
Automotive Rentals DP - - - - - - - - - Section 20.400.040 (Automotive Sales and Rentals)
Automotive Sales, New CUP - - - - - - - - -
Created: 2021-03-31 20:32:03 [EST]
(Supp. No. 5)
Automotive Sales, Used CUP - - - - - - - - - Section 20.400.040 (Automotive Sales and Rentals)
Automotive Sales, Wholesale P - - - P - - -
Automotive Sales, Other
Vehicle Sales
CUP - - - - - - - - - Section 20.400.040
Bar CUP - - - - - - - - - Chapter 20.425 (Bars, Alcohol- Service, and Entertainment)
Catering P - - - - - - - - -
Cigar Lounge/Smoke Shop P - - - - - - - - -
Commercial Entertainment P - - - - - - - - - Chapter 20.425 (Bars, Alcohol- Service, and Entertainment)
Commercial Recreation, Indoor DP - - - - - - CUP-A
Drive-Through Facility CUP - - - - - - - - - Section 20.400.070 (Drive- Through Services)
Employee Services A - - - A A
Funeral Home/Mortuary CUP - - - - - - - - -
Hookah Lounge - - - - - - - - - - - - Prohibited in all Zones Kiosk (stand-alone) DP - - - - - - - - -
Lodging, Hotel <50 Rooms P - - - CUP - - -
Lodging, Hotel 50+ Rooms P - - - CUP - - -
Lodging, Motel CUP - - - CUP - - -
Market, Grocery/Supermarket P P - - - - - -
Market; Specialty Food and
Beverage
P P - - - - - -
Market; Liquor P P - - - - - -
Market; Convenience P P - - - A
Merchandise Sales, Discount DP DP - - - - - -
Merchandise Sales, New Retail
>100,000 s.f.
P P - - - - - -
Merchandise Sales, New Retail
<100,000 s.f.
P P - - - DP
Merchandise Sales, Showrooms P - - - - - - - - -
Merchandise Sales, Used/Pawn DP - - - - - - - - -
Nightclub CUP - - - - - - - - - Chapter 20.425 (Bars, Alcohol- Service, and Entertainment)
Nursery (Retail-Plant) P - - - - - - - - -
Outdoor Dining P P P P Section 20.400.150 (Outdoor Dining)
Parking Facility, Enclosed
Freestanding
CUP CUP CUP CUP
Parking Lot Sales T - - - - - - - - - Chapter 20.455 (Temporary Events)
Restaurant, Sit-Down P P P A
Restaurant, Take-Out P P DP A
Office, Professional, and Business Support Services 20.220.050.C Business Support Service P P P A
Financial Institution P - - - P - - -
Created: 2021-03-31 20:32:03 [EST]
(Supp. No. 5)
Financial Institution, with
Drive-Through
CUP - - - - - - - - -
Internet-Based Sales P P P - - -
Medical; Hospital CUP - - - CUP - - -
Medical; Urgent Care DP DP DP A
Office; Corporate, Regional
Administrative, Business, and
Professional
P P P - - -
Office; Government DP - - - P - - -
Office; Medical, Dental, and
Holistic
P P P A
Research and Development
(R&D)
- - - - - - P - - - Section 20.400.170 (R&D Uses)
Technical/Scientific/Medical
Laboratory, Incidental Uses
- - - - - - P - - - Section 20.400.170 (R&D Uses)
Service Uses(2)
Animal Sales and Services P - - - - - - - - -
Automotive Services, Repair DP - - - - - - - - - Note 3, Chapter 20.420 (Automotive Services)
Automotive Services,
Washing/Detailing
CUP - - - - - - - - - Chapter 20.420 (Automotive
Services)
Dry Cleaning or Laundry,
Agency
P P P A
Massage, Accessory Use P P - - - - - - Note 4; 20.400.250 (Ord. No. 2017-1443, 6-13-2017)
Massage Establishment P P - - - - - - Note 4; 20.400.250 (Ord. No. 2017-1443, 6-13-2017)
Personal Services, General P P - - - DP
Personal Services,
Fitness/Health Facility
DP DP DP A
Personal Services, Instructional DP DP DP - - -
Tattoo and/or Body Art Facility P - - - - - - - - - Industrial, Manufacturing, and Processing Uses(2)
Commercial Bakery P P - - - - - - Including associated thrift shop outlets
Industrial Design and Services - - - - - - P - - - Limited to on-site support; Section 20.400.170
Recycling Facilities 20.445
Small Collection Facility P P - - - - - - Limited to locations behind main building
Reverse Vending P P P - - -
Transportation, Communication, and Utility Uses(2)
Non-Public Antenna or
Communication Facility
P P P P Chapter 20.400
Antenna or Communication
Facility
P P P P Chapter 20.465
(Telecommunications Facilities)
Transportation Dispatch Only P P P - - -
Created: 2021-03-31 20:32:03 [EST]
(Supp. No. 5)
Notes: For definitions, see Table 20.220-1.
R&D = research and development s.f.=square feet
1. All land uses are subject to the following standards: Chapters 20.320 (Signs on Private Property), 20.330 (Water Efficient Landscape Standards), 20.335 (Walls and Fences), 20.340 (Off-Street Parking and Loading), and 20.400 (Specific Use Standards).
2. Business, including merchandising and sales, shall be conducted entirely within an enclosed building, except as identified in Table 20.220-2, where outdoor business is permitted subject to a Conditional Use Permit (CUP).
3. A Director's Permit (DP) shall be required for the establishment of the land use in an existing building to ensure that adequate parking and student services are provided and to minimize effects on other land uses within the building or site. A CUP shall be required for the establishment of a use in conjunction with a new building (development of the building in conjunction with the use).
4. Businesses where massage is performed as Massage, Accessory Use and Massage Establishments are permitted by right when all persons performing massage services possess a current, valid and authentic certificate issued by the California Massage Therapy Council. Unless otherwise expressly exempt, all businesses where massage is performed as Massage, Accessory Use and Massage Establishments shall be subject to Chapter 5.44 and Title 5 of this Municipal Code. (Ord. No. 2017-1443, 6-13-2017)
D. Prohibited Uses. When a use is not specifically listed, that use is prohibited. However, consistent with Section 20.205.030.C (Unlisted and Similar Compatible Uses), the Director shall have the authority to determine whether the proposed use shall be permitted or conditio nally permitted based on the finding that the proposed use is similar to and no more detrimental than a particular use permitted in the Zone.
Section 20.225.110 Allowable Mixed Use Land Uses and Permit Requirements A. Permit Requirements. Table 20.225-1 identifies the types of land use permits required to establish land uses in the MU-1 and MU-2 Zones consistent with this Zoning Ordinance.
1. All proposed development projects within the Mixed Use Zones shall be subject to Site Development Review in conjunction with the permit requirements of Table 20.225-2.
B. Mixed Use Land Uses. Any single parcel or building within the Mixed Use Zones may be permitted to include a single or multiple land uses subject to the permit requirements of the applicable Zone.
1. Mixed Use property uses are not specified for the MU-3 (SP) and MU-4 (SP) Zones. Permitted land uses for MU-3 (SP) and MU-4 (SP) developments shall be established at the time of Specific Plan adoption.
Land uses shall be limited to commercial and industrial uses and shall not include residential components or land uses.
C. Ground Floor Use Requirements. Figure 20.225-1 identifies Primary, Secondary, and Tertiary Streets applicable to the Mixed Use Zones. In addition to setback requirements, the purpose o f these street designations is to further encourage active ground floor land uses in specific areas to provide a vibrant, pedestrian-oriented experience. All buildings with frontage along a Primary or Secondary designated street shall contain ground floor uses identified in the "Ground Floor Use" column of Table 20.255 -5 subject to the following minimum requirements.
1. Along primary streets, eighty percent (80%) of the ground floor frontage shall contain "Ground Floor Uses"
2. Along secondary streets, sixty percent (60%) of the ground floor frontage shall contain "Ground Floor Uses"
3. The remainder of the ground floor frontage, and all upper stories, may contain any use subject to permit requirements identified in the "MU-1/MU-2" column of Table 20.255-5.
4. Along tertiary streets a minimum ground floor use shall not apply.
D. Restrictions on Floor Area. Business and Professional Offices shall not exceed twenty percent (20%) of the total gross floor area of any mixed use building without Director appro val. This calculation and verification of consistency shall be part of Site Development Review and/or the Specific Plan process.
Created: 2021-03-31 20:32:03 [EST]
(Supp. No. 5)
E. Additional Use Regulations. In addition to the regulations, development standards, and provisions of this Chapter, all land uses are subject to the specific use standards identified in the "Additional Use Regulations" column of Table 20.225-2, refer to the referenced sections for additional operational standards and regulations applicable to the use.
F. Prohibited Uses. When a use is not specifically listed, that use is prohibited. However, consistent with Section 20.205.030.C (Unlisted or Similar Compatible Uses), the Director shall have the authority to determine whether the proposed use shall be permitted or conditionally p ermitted based on the finding that the proposed use is similar to and no more detrimental than a particular use permitted in the Zone.
Table 20.225-5
MU-1 and MU-2 Zone Permitted Uses
Land Use Ground
Floor Uses
MU-1/
MU-2
Additional Use Regulations
Residential Uses
Adult Day Care DP DP 20.400.110
Live/Work P P
Multifamily Residential P P
Residential Building Entries/Lobbies P P
Residential Care Facility, Small P P 20.400.110
Residential Care Facility, Large CUP DP 20.400.110
Adult Residential Facility, Small P P 20.400.110
Adult Residential Facility, Large CUP DP 20.400.110
Recreation, Education & Public Assembly Uses
Child Day Care Facility, Day Care Center DP DP 20.400.050 Club - - - DP Not permitted in buildings with
residential units
College, Nontraditional Campus Setting - - - DP* Note 2; Note 3 Museum, Library or Gallery P P
Places of Assembly DP DP Note 2; Note 3; 20.400.160
Park/Plaza P P
Office, Professional and Business Support Services
Business Support Service - - - P
Financial Institution P P
Financial Institution, with Drive-Thru - - - - - - 20.400.070 Medical, Urgent Care P P
Office; Administrative, Business,
Corporate
- - - P
Office; Government - - - P
Office; Medical, Dental and Holistic P P
Service Uses(2)
Animal Sales and Services P - - -
Dry Cleaning or Laundry, Agency P P
Massage, Accessory Use P - - - Note 4; 20.400.250(Ord No. 2017-1443, 6-13-2017)
Massage Establishment P - - - Note 4; 20.400.250(Ord No. 2017-1443, 6-13-2017)
Created: 2021-03-31 20:32:03 [EST]
(Supp. No. 5)
Personal Services, General &
Instructional
P - - -
Personal Services, Fitness/Health
Facility
DP DP
Notes:
All land uses are subject to the following standards: Chapters 20.300 (Site Planning and General Development), 20.340 (Off-Street Parking and Loading), 20.320 (Signs on Private Property), 20.330 (Water Efficient Landscape Standards), 20.400 (Specific Use Standards).
2. ;hg;Business, including merchandising and sales, shall be conducted entirely within an enclosed building.
3. ;hg;DP required for new buildings and land use renewals; CUP required for new land use establishment in an existing building.
4. ;hg; Businesses where massage is performed as Massage, Accessory Use and Massage Establishments are permitted in legal, non- conforming commercial shopping centers when all persons performing massage services possess a current, valid and authentic certificate issued by the California Massage Therapy Council. Unless otherwise expressly exempt, all businesses where massage is performed as Massage, Accessory Use and Massage Establishments shall be subject to Chapter 5.44 and Title 5 of this Municipal Code. (Ord No. 2017-1443, 6-13-2017)
Table 20.225-5 Continued
MU-1 and MU-2 Zone Permitted Uses
Land Use Ground
Floor Uses
MU-1/
MU-2
Additional Use Regulations
General Retail Uses(2)
ATM, interior to building/vestibule P P
ATM, freestanding exterior/exterior
wall
P P
Automotive, Fueling Station CUP CUP
Bar CUP CUP
Catering - - - DP
Commercial Entertainment P P
Commercial Recreation, Indoor P P
Drive-Thru Facility CUP CUP
Hookah Lounge - - - - - - Prohibited in all Zones
Kiosk (stand-alone) DP - - -
Lodging, Hotel <100 Rooms CUP CUP
Market, grocery or supermarket P - - -
Market; specialty food and beverage P - - -
Market; Liquor CUP - - -
Market; convenience P - - -
Merchandise Sales, New Retail P - - -
Outdoor Dining P P
Parking Facility, Enclosed Freestanding P CUP
Restaurant, Sit-Down P P
Restaurant, Take-Out P DP
Winery/Tasting Room DP CUP
Industrial, Manufacturing & Processing Uses(2)
Industrial Design and Services - - - P
Recycling Facilities
Small Collection Facility P P 20.445 (Refuse and Recycling) Reverse Vending DP DP 20.445 (Refuse and Recycling)
Transportation, Communication & Utility Uses(2)
Created: 2021-03-31 20:32:03 [EST]
(Supp. No. 5)
Antenna or Communication Facility P P 20.465 (Telecommunication Facilities) Non-Public Antenna or Communication
Facility
P P+ 20.465 (Telecommunication Facilities)
Notes:
All land uses are subject to the following standards: Chapters 20.300 (Site Planning and General Development), 20.340 (Off-Street Parking and Loading), 20.320 (Signs on Private Property), 20.330 (Water Efficient Landscape Standards), 20.400 (Specific Use Standards).
2. ;hg;Business, including merchandising and sales, shall be conducted entirely within an enclosed building.
3. ;hg;DP required for new buildings and land use renewals; CUP required for new land use establishment in an existing building.
Section 20.400.110 Care Facilities
The standards of this section shall be in addition to all applicable state and federal requirements, such as the ADA. Care facilities include large and small residential care homes and extended care facilities.
A. Density. The maximum density of any care facility shall not exceed the maximum permitted residential density of the applicable Zone. Density of any facility shall be further regulated by the adequate provision of parking for the use.
B. Residential Adjacency. Where a care facility is adjacent to a Residential Zone, the following standards shall apply:
1. The front setback shall be equal to or greater than the adjacent existing residential use.
2. Maximum building height within twenty (20) feet of the residential p roperty line shall be limited to one (1) story greater than the existing residential use.
C. ADA Units. All units designed for people with disabilities shall comply with the standards of Title 24 of the California Code of Regulations.
D. Congregate Dining. Congregate dining facilities may be provided, subject to the following conditions:
1. Dining shall be limited to use by residents, guests, and employees of the individual facility; dining shall not be open to the public.
2. A separate service entrance to the kitchen with an adequate loading area shall be provided.
3. Congregate dining floor area shall not count toward calculation of any open space requirements.
E. Development Standards. The care facility shall comply with the development standards for the applicable Zone.
F. Landscaping. A minimum of twenty percent (20%) of the entire site shall be landscaped; this shall include all landscaping provided in conjunction with parking. See Chapter 20.330 (Water Efficient Landscape Standards) for further details.
G. Accessory Uses. Any life care facility may include accessory retail and personal service uses appropriate for the population served and limited to use by residents of the individual facility, subject to the permit requirements of the applicable Zone.
Exhibit A – Clean Version
Reasonable Accommodation
TITLE 20 - ZONING
CHAPTER 20.440 REASONABLE ACCOMMODATION
San Marcos, California, Code of Ordinances Created: 2021-03-31 20:32:21 [EST] (Supp. No. 5)
CHAPTER 20.440 REASONABLE ACCOMMODATION
Section 20.440.010 Purpose of Chapter
The purpose of this chapter is to provide a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies, and procedures.
Section 20.440.020 Applicability
A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity when the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one (1) or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment. This chapter is intended to apply to those persons who are defined as disabled under the Acts.
A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate or modify regulatory barriers to provide a person with a disability equal opportunity to housing of their choice.
Requests for reasonable accommodation shall be made in the manner prescribed by Section 20 .440.030 (Applications).
Section 20.440.030 Applications
A. [Applications.] Requests for reasonable accommodation shall be submitted on a n application form provided by the Planning Division or in the form of a letter to the Director and shall contain the following information:
1. The applicant's name, address, and telephone number.
2. Address of the property for which the request is being made.
3. The current actual use of the property.
4. The Zoning Ordinance provision, regulation, or policy from which reasonable accommodation is being requested.
5. Why the reasonable accommodation is necessary to make the specific property accessible to the individual.
B. Review with other land use applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including CUP, DP, Site Development Plan Review, General Plan Amendment, Zone change, or Annexation), then the applicant shall file the information required by Section 20.440.030.A (Applications) together for concurrent review with the application for discretionary approval.
Created: 2021-03-31 20:32:20 [EST]
(Supp. No. 5)
Section 20.440.040 Environmental Review
The City's reasonable accommodation process is administrative, and not subject to review under the California Environmental Quality Act (CEQA).
Section 20.440.050 Approval
A. Planning Director. Requests for reasonable accommodation shall be reviewed by the Director, or his/her designee if no approval is sought other than the request for reasonable accommodation. The Director shall make a written determination within thirty (30) days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with this chapter.
B. Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application. The written determination on whether to grant or deny the request for reasonable accommodation shall be made in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with this chapter.
C. Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by this chapter.
Section 20.440.060 Findings
The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:
1. Whether the housing, which is the subject of the request, will be used by an individual who is disabled under the Acts.
2. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.
3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City.
4. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a City program or law, including land use and zoning.
5. Physical attributes of the property and structures.
6. Alternative reasonable accommodations that may provide an equivalent level of benefit.
Section 20.440.070 Appeal
A determination to grant or deny a request for reasonable accommodation may be appealed in compliance with Chapter 20.545 (Appeals and Revocations) of this Zoning Ordinance.
Exhibit A – Clean Version
Density Bonus
TITLE 20 - ZONING
CHAPTER 20.305 DENSITY BONUS
San Marcos, California, Code of Ordinances Created: 2022-04-25 14:13:03 [EST] (Supp. No. 6)
CHAPTER 20.305 DENSITY BONUS
Section 20.305.010 Purpose of Chapter
This chapter is intended to provide incentives for the production of housing for very low, low and moderate income households, senior citizen households, transitional foster youth, disabled veterans, homeless persons, and lower income students in accordance with the State's density bonus laws (Sections 65915 through 65918 of the California Government Code). In enacting this chapter, it is the intent of the City to encourage and facilitate the development of affordable housing and to implement the goals, objectives, and policies of the City's Housing Element.
The regulations and procedures set forth in this chapter shall apply throughout the City. Sections of the California Government Code referenced in this chapter, and application forms for complying with this chapter, shall be available to the public.
Section 20.305.020 Applicability
This chapter applies when an applicant seeks a density bonus for a housing development within the City or for the donation of land for housing within the City. The City shall provide the applicant with incentives or concessions for the production of housing units and child care facilities as prescribed in Government Code Section 65915. The granting of the density bonus shall not be interpreted to require a General Plan amendment, Zone change, or other discretionary approval.
A. Terms. The following definitions apply for terms used throughout this chapter:
1. Density Bonus. A density increase over the otherwise maximum allowable gross residential density as of the date of submission of the density bonus application to the City, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density. The amount of density increase to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exc eeds the percentage established in Government Code Section 65915.
2. Density Bonus Housing Agreement. A legally binding agreement between the developer and the City to ensure that the requirements of this chapter are satisfied.
3. Density Bonus Unit. An additional residential unit granted according to the provisions of this chapter that exceeds the otherwise maximum residential density of a development site.
4. Housing Development. A development project for five or more residential units, including mixed use developments. For purposes of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels.
5. Target Unit. A unit designated to be occupied by a household meeting certain eligibility standards defined by the City.
Section 20.305.030 State Density Bonuses
A. Incentive Grant. The City shall grant a density bonus after review by the City Council, as set forth in Section
20.305.080 (Density Bonus Housing Agreement) to:
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1. Housing Development. An applicant or developer of a housing development who seeks and agrees to construct a housing development in compliance with the standards set forth in Government Code Section 65915, as amended from time to time;
2. Donation of Land. An applicant for a tentative subdivision map, parcel map or other resid ential development approval who donates land to the City in accordance with the standards set forth in Government Code Section 65915, as amended from time to time;
3. Child Care Facility. An applicant or developer of a housing development who proposes to construct a child care facility located on the premises of, as part of, or adjacent to, the housing development in accordance with the standards set forth in Government Code Section 65915, as amended from time to time;
4. Condominium Conversions. An applicant or developer of a housing development who proposes to covert apartments to a condominium project in accordance with the standards set forth in Government Code Section 65915.5, as amended from time to time; and/or
5. If requested by the applicant or developer of a housing development, and consistent with the applicable requirements of this chapter and Government Code Section 65915, the City may also grant any of the additional incentives listed in Section 20.305.060.
B. Calculation. In determining the minimum number of density bonus units to be granted pursuant to this section, the maximum residential density for the site shall be increased as defined in Government Code Sections 65915(f) and (g). When calculating the number of permitted density bonus u nits, any fraction of units shall be rounded to the next larger integer.
1. The density bonus units shall not be included when determining the total number of target units in the housing development. When calculating the required number of target units, any resulting decimal fraction shall be rounded to the next larger integer.
2. In cases where a density increase less than what is provided for in Government Code Section 65915 is requested, no reduction shall be allowed in the number of target units required.
3. An applicant who requests a density bonus pursuant to Government Cod e Section 65915 shall elect on what basis the bonus shall be awarded.
4. The maximum combined mandated density increase shall be fifty (50) percent.
C. Limited Action. The granting of a density bonus shall not be interpreted, in and of itsel f, to require a General Plan amendment, Zone change, or other discretionary approval.
Section 20.305.040 Affordability and Occupancy Standards A. Documentation. The City Council, by resolution, shall approve standard documents to ensure the continued affordability of target units consistent with Government Code Section 65915 and this section. The documents may include regulatory agreements, promissory notes, deeds of trust, resale restrictions, rights of first refusal, options to purchase, and/or other documents that shall be recorded against all target units.
Affordability documents for target units offered for sale may also include subordinate shared appreciati on documents permitting the City to recapture at resale the difference between the fair market rate price of the target unit at the time of sale, and the affordable price to the initial occupants at the time of the initial sale, plus the City's proportionate share of appreciation realized from an unrestricted sale in such amounts as deemed necessary by the City to replace the target units.
B. Rental Affordability Tenure. Target units offered for rent to low or very-low income households shall be made available for rent consistent with Government Code Section 65915, and shall remain restricted and affordable to the designated income group for fifty-five (55) years or more. A term of affordability longer
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than fifty-five (55) years may be required if the residential development receives a subsidy of any type, including a loan, grant, construction or mortgage financing, mortgage insurance, or rental subsidy, and the subsidy program requires a longer term of affordability, or as prescribed in any guidelines adopt ed by the City for the Density Bonus Program. Rents for the lower income target units shall be set at an affordable rent, as that term is defined in Section 50053 of the California Health and Safety Code.
C. Ownership Affordability Tenure.
1. Target units offered for sale to low, very-low or moderate income households shall be sold at an affordable cost to the initial occupants of the target units. At resale, the City shall enforce an equity - sharing agreement in accordance with Government Code Section 65915, unless such an agreement is in conflict with the requirements of another public funding source or law.
2. For all other target units offered for sale other than to low, very-low or moderate income households, any subordinate shared appreciation documents shall continue for a term of fifty-five (55) years or more. If resale restrictions are used in lieu of shared appreciation documents, any resale restriction shall continue for a term of fifty-five (55) years or more. A term of affordability longer than fifty-five (55) years may be required if the residential development receives a subsidy of any type, including a loan, grant, construction or mortgage financing, mortgage insurance, or rental subsidy, and the subsidy program requires a longer term of affordability.
D. Principal Residence. Any household that occupies a target unit must occupy that dwelling unit as its principal residence.
E. Occupancy Requirements. No household may begin occupancy of a target unit until the household has been determined by the City or its designee to be eligible to occupy that dwelling unit, including, but not limited to, that the initial occupant of the target unit is a person or family of very low, low or moderate income, as required. The City Council, by resolution, shall establish guidelines for determining household income, maximum occupancy standards, affordable ownership cost, affordable rent, provisions for continued monitoring of tenant eligibility, and other eligibility criteria.
F. Eligibility Restrictions.
1. Any person who is a member of the City Council, the Planning Commission, and their immediate family members, and any person having any equity interest in the residential development, including a developer, partner, investor, or applicant and their immediate family members, is ineligible to rent, lease, occupy, or purchase a target unit. The City Council, by resolution, may establish guidelines for determination of "immediate family members."
2. An applicant shall be ineligible for a density bonus or other incentives or concessions according to the standards set forth in Government Code Section 65915 if: (i) the housing development is proposed on any property that includes a parcel on which rental dwelling units are located, or if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of low or very low income; (ii) subject to any other form of rent or price control through the City's valid exercise of its police power; or (iii) occupied by lower or very low income households, unless the proposed housing development replaces those units and either the proposed housing development, inclusive of the units replaced, contains affordable units at the percentages set forth in Government Code Section 65915, or each unit in the development, exclusive of the manager's unit, is affordable to and occupied by either a low or very low income household.
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Section 20.305.050 Requirements
A. Inclusionary Housing. All residential projects, including density bonus projects, are subject to and must satisfy the requirements of any inclusionary housing policies or ordinances of the City.
B. Design. All units within a density bonus project, including the density bonus units and the target units, must comply with all applicable building and housing codes. The design of the target units shall be consistent and compatible with the design of the total project development in terms of size, appearance, materials, and finished quality.
C. Agreement Conditions. A density bonus housing agreement shall be a condition of all housing developments pursuant to this chapter. The relevant terms and conditions of the density bonus housing agreement shall be filed and recorded as a deed restriction on those individual lots or units of a project development that are designated for the location of the target units.
D. Construction. Target units shall be constructed concurrent with market-rate units unless both the final decision-making authority of the City and the developer/applicant agree within the density bonus housing agreement to an alternative schedule for development.
E. On-Site Requirement. Target units and density bonus units shall be built on-site, except as expressly permitted by this chapter or Government Code Section 65915 or subject to the discretion of the City, and, whenever reasonably possible, distributed throughout the project site.
F. Housing Options. The target units created shall provide a range of housing options to specifically address the affordable housing needs and priorities of the residents of the City. This includes such factors as housing configuration (condominiums, townhouses, apartments, single-family occupancy, etc.); number of bedrooms; and certain amenities specific to the housing type such as facilities for older adults, students, and families.
G. Affordability Tenure. Target units shall remain restricted and affordable, as determined pursuant to Sections
20.305.040.B and C.
Section 20.305.060 Additional Incentives
An applicant or housing developer seeking a density bonus pursuant to this chapter may submit a proposal to the City for any of the following: (i) specific concessions or incentives; (ii) waivers or reductions of development standards; and/or (iii) parking ratios. The applicant or housing developer requesting the additional incentives may also request a meeting with the City to discuss such additional incentives.
A. Concessions or Incentives. An applicant may submit a proposal to the City for specific incentives or concessions that the applicant or housing developer requests. The number of concessions or incentives granted by the City shall be restricted in compliance with the standards set forth in Government Code Section 65915, as amended from time to time. The City shall grant the requested concession(s) or incentive(s), unless the City makes a written finding, based upon substantial evidence, of any finding included in this subsection or Government Code Section 65915. The City shall bear the burden of proof for the denial of any requested concession or incentive.
1. The concession or incentive does not result in identifiable and actual cost reductions to provide affordable housing costs, or for rents for the target units; or
2. The concession or incentive would have a specific, adverse impact upon the public health and safety or the physical environment, or on any real property listed in the California Register of Historical Resources, and for which there is no feasible method to mitigate or avoid the adverse impact without rendering the development unaffordable; or
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3. The concession or incentive would be contrary to State or Federal law.
B. Waiver of Reduction of Development Standards. An applicant may submit a proposal to the City for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a housing development. A proposal for such a waiver or reduction of development standards shall not reduce or increase the number of concessions or incentives to which the City determines the applicant is entitled. The City shall grant the requested waiver or reduction of development standards, unless the City makes a written finding, based upon substantial evidence, of any finding included in this subsection or Government Code Section 65915. The City shall bear the burden of proof for the denial of any requested waiver or reduction of development standards.
1. The waiver or reduction of development standards would have a specific , adverse impact upon the public health and safety or the physical environment, or on any real property listed in the California Register of Historical Resources, and for which there is no feasible method to mitigate or avoid the adverse impact without rendering the development unaffordable; or
2. The waiver or reduction of development standards would be contrary to State or Federal law.
C. Parking. An applicant may submit a request to the City to limit and/or exempt the vehicular parking ratio of a housing development, inclusive of handicapped and guest parking, to the ratios listed under this subsection or any other ratio permitted under Government Code Section 65915, as amended from time to time. A request for limited parking ratios shall not reduce or increase the number of concessions or incentives to which the City determines the applicant is entitled.
1. Zero to one bedroom: one (1) on-site parking space
2. Two to three bedrooms: one and one-half (1.5) on-site parking spaces
3. Four and more bedrooms: two and one-half (2.5) parking spaces
4. Transit Stop. An applicant may submit a request to the City to limit and/or exempt the vehicular parking ratio of a housing development, inclusive of handicapped and guest parking, if the housing development is located within one-half mile of a major transit stop in accordance with the standards under Government Code Section 65915.
Section 20.305.070 Density Bonus Application
A. Required Items. The City shall provide a list of all documents and information required to be submitted with the density bonus application for the application to be deemed complete.
B. Timeline for Review and Notification to Applicant of Completion. The City shall process a density bonus application within thirty (30) days after receiving the application, and shall notify the applicant in writing whether or not the application is deemed complete in a manner consistent with Government Code Section 65943. If additional time is required for the City to review a density bonus application, the City shall inform the applicant in writing of the reason for the additional time necessary to review the application.
Section 20.305.080 Density Bonus Housing Agreement
A. Agreement Required. Applicants/developers requesting a density bonus shall agree to enter into a density bonus housing agreement with the City. The terms of the draft agreement shall be reviewed and revised, as appropriate, by the Director, and approved by the City Manager.
B. Recordation. Following execution of the agreement by all parties, the completed density bonus housing agreement, or memorandum thereof, shall be recorded and the conditions recorded as a deed restriction on the parcel(s) or unit(s) designated for the location of target units. The approval and recordation shall take
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place prior to final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The density bonus housing agreement shall be bindin g to all future owners and successors in interest.
C. Required Items. In addition to the density bonus application required under Section 20.305.070, the density bonus housing agreement shall include the following:
1. The total number of units approved for the housing development, including the number of target units and density bonus units.
2 A description of the household income group to be accommodated by the housing development, as outlined in Section 20.305.030 (State Density Bonuses and Concessions ), and the standards for determining the corresponding affordable rent or affordable sales price and housing cost.
3. The household/unit size assumptions used for the purpose of calculating housing costs, which shall be as follows (unless an adjustment is agreed to by the City, or the applicable state or federal funding source has different requirements):
a. One (1)-bedroom units shall be based on the median income for a household of two (2) b. Two (2)-bedroom units shall be based on the median income for a household of three (3) c. Three (3)-bedroom units shall be based on the median income for a household of four (4) d. Four (4)-bedroom units shall be based on the median income for a household of five (5)
4. The location, unit size (square feet), and number of bedrooms of target units.
5. Tenure of restrictions for target units of at least fifty-five (55) years, in accordance with Section
20.305.050 (Requirements).
6. A schedule for completion and occupancy of target units.
7. A description of the additional incentive(s), equivalent financial incentives, or direct financial assistance being provided by the City.
8. A description of remedies for breach of the agreement by either party (the City may identify tenants or qualified purchasers as third-party beneficiaries under the agreement).
9. For for-sale units, conditions governing the initial sale and resale of for-sale target units to eligible very- low- or low-income households or qualifying residents to ensure continued compliance with the restrictions of this chapter.
10. For for-sale units, a condition requiring disclosure by the developer to the buyer of for -sale target units of the existence of the deed restrictions affecting the re-sale of the property.
11. For rental units, conditions establishing rules and procedures for qualifying tenants, setting rental rates, filling vacancies, and operating and maintaining units as rental target units.
12. For rental units, a method to annually monitor rental target units to ensure continued complianc e with the restrictions of this chapter that identifies the number of bedrooms and monthly rent or cost of each target unit, the income of each person occupying said unit for the prior year, vacancy information for each target unit for the prior year, and any other information as required by the City.
13. A provision allowing the City or its designee the first right of refusal to buy the rental or for -sale target unit(s) for the purposes of providing affordable housing.
14. Other provisions needed to ensure implementation and compliance with this chapter and Sections 65915 through 65918 of the California Government Code.
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D. Review. For purposes of this chapter, the City shall act by and through the City Council or its designee, the City Manager.
Section 20.305.090 Commercial Development Bonus
A. Incentive Grant. The City shall grant a development bonus to a commercial developer that enters into an agreement for partnered housing with a housing developer to contribute affordable housing through a joint project or two separate projects encompassing affordable housing.
B. Agreement for Partnered Housing. The agreement for partnered housing shall be between the commercial developer and the housing developer, and shall identify how the commercial developer will contribute affordable housing. The City must approve any such agreement for partnered housing.
C. Construction. Housing may be constructed on the site of the commercial development or on a site specified under Government Code Section 65915.7, as amended from time to time.
D. Housing Density Bonus and Additional Incentives. A development bonus granted to a commercial developer shall not impact a housing developer's ability to receive a density bonus or other additional incentives from the City under this chapter.
E. City Council Review. Any commercial development bonus project shall be reviewed by the City Council.
F. Sunset Provision. This section shall remain in effect until January 1, 2022, and as of that date, is repealed, or until such time as the State repeals Government Code Section 65915.7.
Section 20.305.100 Processing Fee
A. The City Council, by resolution, may establish fees for projects requesting density bonuses, additional incentives under Section 20.305.060 of this Chapter, and/or commercial development bonuses, and for the ongoing administration and monitoring of the target units and child care facilities. Any such fees shall be subject to the provisions of the regulatory agreement between the parties.
B. A developer and/or subsequent owner of a target unit(s) shall be required to pay such fees as may be established by resolution of the City Council to recover the cost to the City of administration of the provisions of this chapter.
Section 20.305.110 Enforcement
The regulations of this chapter, including the terms of any density bonus housing agreement or documents prepared to administer the affordability and eligibility requirements per Section 20.305.040 (Affordability and Occupancy Standards), shall be enforced according to the provisions in Chapter 20.550 (Enforcement and Penalty) of this Zoning Ordinance.
Section 20.305.120 Appeal Process
A. An applicant may submit a request to appeal a decision of the Director to deny an application for a density bonus, incentive or concession submitted under this Chapter. A written appeal shall be filed with the Director, together with the payment of any required fee, within ten (10) days of the decision. The appeal request shall contain the reasons for the appeal and the grounds upon which the appeal is based. The Planning Commission shall hold a hearing on the appeal after giving notice thereof to the appella nt in the manner prescribed in Chapter 20.505 (Noticing and Public Hearings) of this Zoning Ordinance. The Planning Commission shall consider the appeal and shall either affirm the decision of the Director or render its
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decision de novo on the appeal. The decision of the Planning Commission in the case of any such appeal shall be the final determination of the City.
B. Any other denials issued by the Director or Planning Commission relating to the overall project approval shall be subject to the appeal provisions under Chapter 20.545 (Appeals and Revocation) of this Zoning Ordinance.
C. An applicant may also elect to initiate judicial proceedings to contest the City's denial of an application for a density bonus, incentive or concession, as authorized under Government Code Section 65915.
Section 20.305.130 Severability
If any provision of this chapter or the application thereof is held to be invalid, the remainder of the chapter and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby.
(Ord. 2017-1445, 7/11/2017 - Amended)