6. A directional arrow measuring five inches high by 12 inches long shall be shown on each individual sign, and shall be located on the side of the sign closest to the street right-of-way.
7. Each sign structure shall be designed to include the City of San Ramon’s logo at the top of the sign structure, or as recommended by the ARB and approved by the Commission.
8. As determined by the Director, requests for modification(s) to the design of the off-site directional sign(s) following review by the ARB and the review and approval of the Commission shall require subsequent review and approval by the same review authorities.
E. Locations.
1. The general locations of the off-site directional signs shall be indicated on a master off-site directional sign map approved as part of a Master Off-Site Directional Sign Program. The exact sign structure locations shall be determined by the ARB and the Commission so that the sign structures create an attractive streetscape.
2. The locations of the off-site directional signs shall be typically limited to the major arterial streets within the City (as defined by the General Plan) and shall be located no closer than one-quarter of a mile apart, unless an exception is necessary to properly identify a City or public facility. The precise location of these structures shall comply with the "driveway visibility" requirements in Section D3-37 (Driveways and Site Access).
3. Before installation of the off-site directional signs, all required permits shall be obtained from affected public jurisdictions by the management company, including any City-issued Encroachment Permits, in order to establish offsite directional sign structures within the public rights-of-way.
F.Implementation.
1. The City shall license a management company to administer, implement, install, and maintain the off-site directional signs. This provision does not preclude the City from acting as the management company.
2. Before the construction and installation of the approved off-site directional signs, the authorized management company shall obtain City approval of a leasing program which will include a sign keyboard rental price structure and the specific lease terms including on-going maintenance responsibilities.
3. It shall be the responsibility of the authorized management company to ensure that all sign structures under its control, as approved by the City, are well maintained and are not allowed to become unsightly and/or hazardous.
Noncompliance will be reported to the respective management company for correction with 14 days and if the situation does not improve, the City shall have the right to perform corrective actions at the management company's expense, and may cancel the management company's license for good cause.
4. The City may require a refundable cash deposit in the amount to be determined by the City Engineer for each sign installation in order to ensure the removal or replacement of the off-site directional sign key blades for a residential subdivision within 14 days of the closing of the subdivision model home complex. If the sign has not been completely removed/replaced within the specified period, the City shall have the right to remove/replace the sign and deduct the costs from the cash deposit(s). Additional costs shall be charged to the developer or the management company.
5. Before the construction and installation of the approved off-site subdivision direction signs, the approved management company shall demonstrate to the satisfaction of the City that lease arrangements have been secured with development representatives to utilize keyboard or sign blades for advertisement purposes. The City may delay the installation of one or more signs if sufficient interest or lease(s) has not been secured by the management company.
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Packet Pg. 195 Attachment: Exhibit A-2 Division D3 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and
6. Each approved sign structure shall require a City-issued Building Permit. The individual keyboard signs shall be subject to City administrative review and approval before placement on the individual sign structures to determine exact sign blade locations.
7. The written consent of the affected property owner(s) shall be provided to the City by the authorized management company before sign construction and installation.
8. Individual keyboard signs shall not be modified to identify different subdivisions/developments without first obtaining ARB approval from the City.
9. Individual keyboard signs shall be allowed on the approved sign structures until the model home complex for the subdivision has been closed.
10. The approved off-site directional sign structures shall be allowed for a maximum period of five years. After which, if additional time is required, the management company shall first apply for and receive an extension of the program from the City.
11. Off-site directional sign structures identifying developments located outside of the City limits are prohibited unless first authorized by the City, to provide direction to a regionally-serving cultural facility or other public facility.
D3-54 - Approvals Required
Non-exempt signs may be subject to ARB review and approval when required by the Zoning Administrator or the Commission in compliance with this Section. At the discretion of the Zoning Administrator, any non-exempt sign may be referred to the Commission.
A. Zoning Administrator review and action required. The Zoning Administrator shall review and take action on the following types of signs, unless otherwise required by this Chapter.
1. All free-standing signs.
a. See Subsection D3-47 D. [Free-standing or monument signs], above. b. Free-standing monument signs with less than 30 feet of separation from another free-standing monument sign. c. Free-standing monument signs exceeding more than one sign for each site frontage.
2. Freeway-oriented building-mounted signs. (See Subsection D3-47 R. [Freeway-oriented signs], above)
3. Master Sign Programs. (See Section D3-52, above)
4. Amendments to Master Sign Programs.
5. Miscellaneous signs. (See Section D3-48 [Miscellaneous Signs], above)
6. Public transit shelter signs. Public transit shelter sign design, size, and location standards. (See Subsection D3-47 U. [Public transit shelter signs], above)
7. Roof, wall, and window signs. (See Subsections D3-47 A. [Wall signs], B. [Window signs], and C. [Roof signs], above)
8. Temporary signs. (See Subsections D3-47 F. [Temporary on-site residential real estate signs], G. [Temporary off-site residential real estate signs], H. [Temporary off-site subdivision directional signs], I. [Temporary on-site commercial real estate signs], L. [Temporary advertising/promotional signs], N. [Portable signs], O. [Temporary special event signs], and P. [Temporary business identification signs], above)
9. Theatre and cinema signs. (See Subsection D3-47 T. [Theatre or cinema signs], above) B. Planning Commission review and action required. The Planning Commission shall review and take action on the following types of signs, unless otherwise required by this Chapter.
1. Off-site signs. (See Subsection D3-47 E. [Off-site signs], above)
2. Off-site directional signs (Master Off-Site Directional Sign Program). (See Section D3-53, above)
3. Wall signs exceeding a sign area of 0.75 square feet for each one linear foot of wall length. (See Subsection D3-47 A. [Wall signs], above)
4. Wall/window signs higher than the allowed structure height. (See Subsection D3-47 A. [Wall signs], above)
5. Freeway-oriented business park identification signs. (See Subsection D3-47 S. [Freeway-oriented business park identification signs], above
(Ord. No. 496, § 2, 01/28/2020)
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Packet Pg. 196 Attachment: Exhibit A-2 Division D3 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and Effective on: 2/27/2020
D3-55 - Required Findings
A. Master Sign Programs. In approving a Master Sign Program, the Zoning Administrator shall make the required finding identified in Section D3-52, above.
B. Public transit shelter signs. In approving a public transit shelter sign, the Zoning Administrator shall make the required finding identified in Subsection D3-47 U. [Public transit shelter signs], above.
C. Sign Permits. In approving a Sign Permit, the Zoning Administrator shall make the required findings that the application is in general compliance with the criteria identified in Section D3-43 (Criteria and Guidelines). (Ord. No. 496, § 2, 01/28/2020)
Effective on: 2/27/2020
D3-56 - Sign Permit Required
No sign regulated by this Chapter shall be erected or displayed unless a Sign Permit is first approved by the Zoning Administrator, unless otherwise required by this Chapter. Exempt signs shall not require a Sign Permit.
A. Signs not in compliance with this Chapter. All legally erected/installed signs not in compliance with this Chapter, existing on the date of adoption of this Zoning Ordinance, are allowed to remain in use until there is a request to change the sign or an application for a new Sign Permit is submitted for any sign related to the subject business or development. Sign Permits for new signs may be conditioned upon removal of an existing sign(s) made nonconforming by this Chapter. Any other signs not otherwise legal shall be removed.
B. Alteration or change to an existing sign face.
1. Any alteration to or change of an existing sign face shall be subject to the applicable provisions of this Chapter.
2. The owner, or assigned agent, shall obtain a Sign Permit before making the alterations or changes to an existing sign face.
3. No Sign Permit is required for repainting a sign the same color(s), cleaning, or other normal maintenance or repair of a sign, as long as the sign is not structurally modified in any manner.
C. Signs granted an exception by the City. Any sign in existence on the date of adoption of this Zoning Ordinance which has been granted an exception by the City, may undergo a change to the sign face; provided, the factors justifying the original exception still apply.
D3-57 - Owner’s Consent Required
No sign shall be placed on a property without the written consent of the property owner.
D3-58 - Sign Permit Applications
A Sign Permit application form shall be filed with the Department. The application shall contain the name, address, and telephone number of the applicant, signature or letter of authorization from the property owner, and the location of the structure or property on which the proposed sign(s) is to be placed. Sign plans shall be drawn to scale and shall be clear and legible and consistent with professional standards. The sign application shall include the following:
A. Architectural details, site plan information and elevations. Architectural details, site plan information, and elevations of the structure in context to the project architecture. The site plan shall show the location of all sign(s) existing, proposed, and to be removed.
B. Other information required by the Zoning Administrator. The application shall include other information, attachment details or exhibits, colors, and material samples as the Zoning Administrator may require.
C. Application fee. The application shall be accompanied by an application fee in compliance with the City's Fee Schedule.
D. Consistency with Master Sign Program materials. Consistency with the Master Sign Program required application materials. (See Section D3-52, above)
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Packet Pg. 197 Attachment: Exhibit A-2 Division D3 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and D3-59 - Building Permit Required
All signs shall require a Building Permit, except for those signs identified in Section D3-45 (Exempt Signs - Signs Not Requiring a Sign Permit) as determined by the Chief Building Official, above.
D3-60 - Required Inventory of Illegal or Abandoned Signs A. Inventory required. In compliance with State Law, the Zoning Administrator shall compile an inventory of all illegal or abandoned signs within the City.
B. Identify location of each illegal or abandoned sign. The inventory shall specifically identify the location of each illegal or abandoned sign by lot and block number and by street address, the sign's legal owner or leaseholder, and the specific standards that are violated or the approximate date of abandonment, as the case may be.
C. Establishment of an initial date for amortization. This inventory shall be used to establish an initial date for amortization of nonconforming signs under the provisions of this Chapter.
D. Inventory to be updated twice annually. The inventory shall be updated at least twice annually to include additional illegal signs resulting from Zoning Map amendments and additional abandoned signs, as needed.
D3-61 – Reserved
D3-62– Reserved
D3-63 – Reserved
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Packet Pg. 198 Attachment: Exhibit A-2 Division D3 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
78 D3-63 – Reserved
Chapter V – Portable Outdoor Storage Units
Contents:
D3-64 - Purpose of Chapter
D3-65 - Definitions
D3-66 – Number, Size, Duration, and Location
D3-67 – Signage
D3-68 – Maintenance and Prohibition of Hazardous Materials D3-69 – Reserved
D3-70– Reserved
D3-71 – Permits
D3-72 – Reserved
D3-73 – Reserved
D3-64 - Purpose of Chapter
A. Purpose of Chapter.
This Chapter provides standards and regulation for the use of portable outdoor storage units on residential and non-residential properties.
D3-65 - Definitions
Portable outdoor storage unit. Any container designed for the transportation and/or storage which is typically rented to owners or occupants of property for their temporary use and which is delivered and removed by truck.
Volume. A volume of portable outdoor storage unit is calculated with exterior measurements of each unit.
Total Volume. A total volume is the sum of volumes of multiple portable outdoor storage units to be kept on a site under a single temporary use permit.
D3-66 – Number, Size, Duration, and Location
A. Residential Properties.
There shall be no more than a total volume of 1,050 cubic feet of outdoor storage units, which shall be no more than eight (8) feet in width and eight (8) feet six (6) inches in height, per site. No portable outdoor storage units shall remain at a site in excess of 30 consecutive days in a 12-month period. The Zoning Administrator may authorize the use of portable outdoor storage units up to 90 consecutive days as long as a building permit has been obtained and construction diligently commenced or upon the findings that an unusual circumstance exist as determined by the Zoning Administrator. A portable outdoor storage unit shall be placed in a driveway, on a paved surface, or in the rear yard if alley access exists at the rear of the site, with a minimum setback of 1 foot from the front property line and 3 feet from the side and rear property lines.
B. Non-Residential Properties.
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Packet Pg. 199 Attachment: Exhibit A-2 Division D3 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
79 The allowed number and sizes of portable outdoor storage units shall be determined by the Zoning Administrator. No portable outdoor storage unit shall be placed at any site in excess of fifteen (15) consecutive days, and in excess of thirty (30) days in a 12-month period. Portable outdoor storage units shall be placed only in the rear or side portion of a site. Under no circumstances shall a portable outdoor storage unit be placed in an area fronting a street or road, or in the front parking lot of a commercial establishment. The placement of portable storage units in fire lanes, passenger loading zones, or commercial loading zones shall be strictly prohibited unless approved by the Zoning Administrator.
Any portable outdoor storage unit(s) to be placed at any site in excess of fifteen (15) consecutive days, and/or in excess of thirty (30) days in a 12-month period shall be subject to the provision of Section D6-28 Minor Use Permit.
D3-67 – Signage
A portable outdoor storage unit shall have no signage other than the name, address, and telephone number of the person or firm engaged in the business of renting or otherwise placing the portable outdoor storage unit.
D3-68 – Maintenance and Prohibition of Hazardous Materials The owner and operator of any site on which a portable outdoor storage unit is placed shall be responsible to ensure that the portable outdoor storage unit is in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks. When not in use, the portable outdoor storage unit shall be kept locked. The owner and operator of any site on which a portable outdoor storage unit is placed shall also be responsible that no hazardous substances, as defined in Section D3-5 of this Code, are stored or kept within the portable outdoor storage unit.
D3-69 – Reserved
D3-70– Reserved
D3-71 – Permits
It shall be unlawful for any person to place, or permit the placement of, one or more portable outdoor storage unit(s) on property which he or she owns, rents, occupies, or controls without first having obtained a temporary use permit. Application for a temporary use permit shall be made to the Zoning Administrator in accordance with Section D6-16 and Section D6-27 of this Code. The issuance of a permit shall allow the applicant to place portable outdoor storage units on the property in conformance with the requirements of this chapter. The permit shall be posted in plain view at the site.
D3-72 – Reserved
D3-73 – Reserved
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Packet Pg. 200 Attachment: Exhibit A-2 Division D3 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
1 Division D4 Standards for Specific Land Uses
Contents:
Chapter I - Adult Business Regulations
Chapter II - Alternative Energy Structures
Chapter III - Standards for Specific Land Uses
Chapter IV - Wireless Telecommunications Facilities
Chapter V – Homeless Shelters
Chapter VI – Reasonable Accommodation For The Disabled
Chapter VII – Raising of Chickens
Chapter VIII – Density Bonus
Chapter IX – Beekeeping - Apiary
Chapter I - Adult Business Regulations
Contents:
D4-1 - Purpose
D4-2 - Definitions
D4-3 - Permitted Areas and Minimum Proximity Requirements D4-4 - Use Permit Required
D4-5- Application Requirements
D4-6 - Investigation and Action on Application
D4-7 - Appeal
D4-8 - Judicial Review of Decision to Grant, Deny, or Revoke D4-9 - Permit Expiration
D4-10- Findings
D4-11 - Registration of New Employees
D4-12 - Adult-Oriented Business Development Standards
D4-13 - Display of Permit
D4-14- Persons Under 18 Prohibited
D4-15 - Transfer of Adult-Oriented Business Regulatory Permits D4-16 - Permit Revocation
D4-17 - Violations
D4-18- Applicability to Other Regulations
D4-19- Conduct Constituting a Public Nuisance
D4-20 - Inspections
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Packet Pg. 201 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
2 D4-1 - Purpose
A. Intent. It is the intent of this Chapter to provide special design guidelines, standards, and development regulations to regulate the time, place, and manner of the operation of Adult-Oriented Businesses in order to minimize the negative secondary effects associated with these business including, but not limited to, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of Adult-Oriented Businesses in close proximity to each other or proximity to other incompatible uses, including churches, parks, playgrounds, schools, and residential zones or uses. The Council finds that it has been demonstrated in various communities that the concentration of Adult-Oriented Businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described above can cause other businesses and residents to move elsewhere.
B. Purpose. It is, therefore, the purpose of this Chapter to:
1. Establish reasonable and uniform regulations to prevent the concentration of Adult-Oriented Businesses or their close proximity to incompatible uses, while allowing the location of AdultOriented Businesses in certain areas; and
2. Regulate Adult-Oriented Businesses in order to promote the health, safety, and general welfare of the citizens of the City.
C. Not purpose, intent, or effect. The provisions of this Chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adultoriented materials. Similarly, it is not the intent nor effect of this Chapter to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent nor effect of this Chapter to condone or legitimize the distribution of obscene material.
D4-2 - Definitions
Definitions of the technical terms and phrases used in this Chapter are under "Adult Oriented Business" in Division D8 (Glossary).
D4-3 - Permitted Areas and Minimum Proximity Requirements A. MC (Mixed Commercial) MW (Manufacturing/Warehousing) zone. Subject to the limitations set forth in this Chapter, Adult-Oriented Businesses may be established in the MW (Manufacturing/Warehousing)MC (Mixed Commercial) zone.
B. Specified distance separation requirements. Notwithstanding the above, no Adult-Oriented Business shall be established or located within certain distances of certain specified land uses or zones as set forth below. No Adult-Oriented Business shall be established or located:
1. Within a 500-foot radius from: any existing residential zone or use. The distance between a proposed Adult-Oriented Business use and a residential zone or use shall be measured from the nearest exterior wall of the facility housing the Adult-Oriented Business use or proposed AdultOriented Business use to the nearest property line included within a residential zone or property in current residential use, along a straight line extended between the two points; or
2. Within 1,000 feet of any other Adult-Oriented Business as defined in this Chapter which is located either inside or outside the jurisdiction of the City. The distance between the two Adult-Oriented Business uses shall be measured between the nearest exterior wall of the facility housing the AdultOriented Business use and proposed Adult-Oriented Business use along a straight line extended between the two points; or
3. Within a 500-foot radius from any existing park, playground, religious facility, or school use or property zoned Open Space (OS) Parks and Recreation (P), or Public and Semi-Public (PS). The
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Packet Pg. 202 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
3 distance between a proposed Adult-Oriented Business use and park, playground, religious facility or school uses or property zoned Open Space (OS), Parks and Recreation (P), or Public and SemiPublic (PS), shall be measured from the nearest exterior wall of the facility housing the AdultOriented Business use or proposed Adult-Oriented Business use to the nearest property line where the park, playground, church or school use is located, or property zoned Open Space (OS), Parks and Recreation (P), or Public and Semi-Public (PS) along a straight line extended between the two points.
C. Separation requirements also apply to the General Plan. The above distance limitations shall also apply to residential zones or uses and parks, playgrounds, schools, and religious uses or property so designated in the General Plan Land Use Element of an adjacent jurisdiction.
D4-4 - Use Permit Required
A. Use Permit and Business License required. It shall be unlawful for any person to engage in, conduct, establish, carry on, or to permit to be engaged in, conducted, established, or carried on, in or upon any premises in the City, the operation of an Adult-Oriented Business unless the person first obtains and continues to maintain in full force and effect both an Use Permit and a Business License from the City.
B. Not allowed by right. No Adult-Oriented Business may be established within the City by right. All persons wishing to establish an Adult-Oriented Business within the City shall first apply for and receive a Use Permit in compliance with this Chapter.
C. Applicant to supply sufficient evidence. It is the burden of the applicant for an Use Permit to supply sufficient evidence to justify the grant of an Use Permit.
D4-5- Application Requirements
A. Application submittal. A person desiring to operate or establish an Adult-Oriented Business within the City shall file with the Department a Use Permit application on a standard application form supplied by the Department.
B. Required information. All applications shall include the following information:
1. If the applicant is an individual, the individual shall state his or her legal name, including any aliases, address, and submit satisfactory written proof that he or she is at least 18 years of age.
2. If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names and current addresses of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.
3. If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names, addresses, and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process.
4. The notarized signature of the property owner and proof of ownership via submittal of a Title Report.
5. A non-refundable deposit or fee as set forth by the City’s Fee Schedule.
6. Signed statement by the applicant verifying that applicant intends to and will comply with all of the adult-oriented business development standards of this Chapter.
7. A description of the Adult-Oriented Business for which the permit is requested and the proposed address where the Adult-Oriented Business will operate, plus the names and addresses of all the owners and lessors of the Adult-Oriented Business site.
8. The address to which notice of action on the application is to be mailed.
9. The names of all employees, independent contractors, and other persons who will perform/work at the Adult-Oriented Business.
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Packet Pg. 203 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
4 10. A floor plan showing the interior configuration of the premises, including a statement of the total floor area occupied by the Adult-Oriented Business, and exterior premises lighting per D4-12.D. The floor plan need not be professionally prepared, but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
11. A site plan prepared within 30 calendar days before application depicting the building and the portion thereof to be occupied by the Adult-Oriented Business, and:
a. The property line of any residential zone or use within 1,000 feet of the nearest exterior wall of the Adult-Oriented Business;
b. The property line of any other Adult-Oriented Business within 1,000 feet of the nearest exterior wall of the Adult-Oriented Business for which a Business Permit is requested; and c. the property lines of any church, school, park, or playground within 1,000 feet of the nearest exterior wall of the Adult-Oriented Business.
12. A diagram of the off-street parking areas and premises entries of the Adult-Oriented Business showing the location of the lighting system required by this Chapter.
C. Signature of applicant required. If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a 10 percent or greater interest in the business entity shall sign the application.
D. Fictitious name, if applicable. If the applicant intends to operate the Adult-Oriented Business under a name other than that of the applicant, the applicant shall file the fictitious name of the Adult-Oriented Business and show proof of registration of the fictitious name.
E. CEQA compliance. Each applicant for a Use Permit shall comply with the California Environmental Quality Act (CEQA) as required by the City.
F. Director’s determination of completeness. The Director shall determine whether the application contains all the information required by this Chapter. If it is determined that the application is not complete, the applicant shall be notified, in writing, within 30 days of the date of receipt of the application that the application is not complete and the reasons therefore, including any additional information necessary to render the application complete. The applicant shall have 30 calendar days to submit additional information to render the application complete. Failure to do so within the 30-day period shall render the application automatically void. Within 30 days following the receipt of an amended application or supplemental information, the Director shall again determine whether the application is complete in compliance with the procedures set forth in this Subsection. Evaluation and notification shall occur as provided above until the time the application is found to be complete. All notices required by this Chapter shall be deemed given upon the date that they are either deposited in the United States mail or the date upon which personal service of the notice is provided.
G. Other permits or licenses. The fact that an applicant possesses other types of State or City permits or licenses does not exempt the applicant from the requirement of obtaining a Use Permit.
D4-6 - Investigation and Action on Application
A. Appropriate investigation and inspection. Upon the filing of a completed application, the Commission shall cause to be made by its own members, or members of its staff, an appropriate investigation, including consultation with the building, police, fire and health departments and inspection of the premises as needed. Consultation is not grounds for the City to unilaterally delay in reviewing a completed application.
B. Public hearing within 45 days. Within 45 days of receipt of the completed application, the Commission shall hold a public hearing on the application for a Use Permit. Notice of the public hearing shall be given in compliance with California Government Code Section 65091, as the same may be amended from time to time.
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Packet Pg. 204 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
5 C. Relevant evidence. In reaching a decision on an application for a Use Permit, the Commission shall not be bound by the formal rules of evidence. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.
D. Commission’s decision within 60 days. The Commission shall grant, conditionally grant or deny an application for a Use Permit ("permit"). The Commission shall render a written decision on the application for a Use Permit within 60 days of receiving a completed application. The failure of the Commission to render a decision within this time frame shall be deemed to constitute a denial of the application. Any conditions imposed upon the permit shall be in keeping with the objective development standards of this Chapter and the underlying zone in which the property is located.
E. Transmittal of decision to applicant. The Commission's decision shall be mailed to the applicant.
D4-7 - Appeal
A. Appeal of Commission’s decision. Any interested person may appeal the decision of the Commission to the Council in writing within 10 calendar days after the Commission's written decision. In addition, within 10 calendar days after the Commission's written decision, any member of the Council shall have the authority to direct that the Council review the decision of the Commission on the grounds that the individual council member believes that the matter should be decided by the Council.
B. De novo public hearing. Consideration of an appeal of the Commission's decision shall be at a de novo public hearing which shall be noticed in the same manner as the public hearing of the Commission and shall occur within 30 days of the filing of the appeal or initiation of review by the Council.
C. Council’s action on appeal. The Council action on the appeal of the Commission's decision shall be by a majority vote of the quorum, and upon the conclusion of the public hearing, the Council shall grant, conditionally grant, or deny the application. The Council's decision shall be final and conclusive.
D. Relevant evidence. In reaching its decision, the Council shall not be bound by the formal rules of evidence. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.
D4-8 - Judicial Review of Decision to Grant, Deny, or Revoke A. Court challenge. The time for court challenge to a decision by the Council to grant, deny, or revoke, a Use Permit is governed by California Code of Civil Procedure Section 1094.6.
B. Transmittal of decision to applicant. Notice of the Council's decision and its findings shall be mailed to the applicant and shall include citation to California Code of Civil Procedure Section 1094.6.
C. Prompt judicial review. The Petitioner may seek prompt judicial review of the Council's action in compliance with California Code of Civil Procedure Section 1094.8.
D4-9 - Permit Expiration
Any Use Permit approved in compliance with this Chapter shall become null and void unless the proposed use is established within 180 days of the date from the approval. As to facilities that are a reuse of existing facilities, the Use Permit shall become null and void unless the proposed use is established within 180 days from the date of approval, unless before the expiration date the permittee demonstrates to the satisfaction of the Commission that the applicant has a good faith intent to presently commence the proposed use. The extensions shall not exceed a total of two 180-day extensions.
D4-10- Findings
A. Required findings. The Commission, or Council appeal shall approve or conditionally approve an application for a Use Permit where the information submitted by the applicant substantiates all of the following findings:
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Packet Pg. 205 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
6 1. The applicant is over the age of 18 years;
2. The required application fee has been paid;
3. The proposed use complies with the development and design requirements of the underlying zone in which it is located and with the applicable development standards of this Chapter;
4. The proposed site is not located within a 500-foot radius from any existing residential zone or use.
The distance between a proposed Adult-Oriented Business use and a residential zone or use shall be measured from the nearest exterior wall of the facility housing the Adult-Oriented Business use or proposed Adult-Oriented Business use to the nearest property line included within a residential zone or property in current residential use, along a straight line extended between the two points;
5. That the proposed site is not located within 1,000 feet of any other Adult-Oriented Business as defined in this Chapter which is located either inside or outside the jurisdiction of the City. The distance between the two Adult-Oriented Business uses shall be measured between the nearest exterior wall of the facility housing the Adult-Oriented Business use and proposed Adult-Oriented Business use along a straight line extended between the two points;
6. The proposed site is not located within 500 feet from any existing park, playground, religious facility, or school uses or property zoned Open Space (OS) or Public Facilities (PF). The distance between a proposed Adult-Oriented Business use and park, playground, church, or school uses or property zoned Open Space (OS) or Public Facilities (PF), shall be measured from the nearest exterior wall of the facility housing the Adult-Oriented Business use or proposed Adult-Oriented Business use to the nearest property line where the park, playground, church, or school use or property zoned Open Space (OS) or Public Facilities (PF) is located, along a straight line extended between the two points;
7. The proposed site is not located within 500 feet of a residential zone or use or within 500 feet of a park, playground, church, or school use located in or property so designated in the General Plan Land Use Element of an adjacent jurisdiction; and
8. Neither the applicant, if an individual, or any of the officers or general partners, if a corporation or partnership, have been found guilty or pleaded nolo contendere (no contest) within the past four years of a misdemeanor or a felony classified by the State as a sex or sex-related offense.
B. Conditions imposed on the permit. Any conditions imposed upon the permit shall be in keeping with the objective development standards of this Chapter and the underlying zone in which the property is located.
D4-11 - Registration of New Employees
A. Employee registration required. As a further condition of approval of every Use Permit issued in compliance with this Chapter, every owner or operator of an Adult-Oriented Business shall register every employee with the Police Department within five business days of the commencement of the employee's period of employment at the Adult-Oriented Business.
B. Color photographs and other information required. Each Employee shall be required to provide two recent color passport-quality photographs and, at the discretion of the Police Chief, shall allow himself or herself to be fingerprinted and subject to a background check by the Police Department for purposes of identification. In addition, each new employee shall provide the following information in a form provided by the Police Department:
1. Name, current resident address, and telephone number;
2. Date of birth;
3. Social Security number;
4. Height, weight, color of eyes and hair; and
5. Stage name, if applicable, and other aliases used within the previous two years.
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Packet Pg. 206 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
7 C. Current employee register required. Each owner or operator of an Adult-Oriented Business shall maintain a current register of the names of all employees currently employed by the Adult-Oriented Business, and shall disclose the registration for inspection by any Police Officer for the purposes of determining compliance with the requirements of this Section.
D. Failure to comply. Failure to register each new employee within five days of the commencement of employment, or to maintain a current register of the names of all employees shall be deemed a violation of the conditions of the Use Permit and may be considered grounds for suspension or revocation of the permit in compliance with Section D4-16 (Permit Revocation).
D4-12 - Adult-Oriented Business Development Standards
A. Unlawful hours of operation. It shall be unlawful for any operator or employee of an Adult-Oriented Business to allow the adult business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 10:00 p.m. and 10:00 a.m. of any day.
B. Compliance with building and fire regulations. Maximum occupancy load, fire exits, aisles, and fire equipment shall be regulated, designed, and provided in compliance with the Fire District and building regulations and standards adopted by the City.
C. Observation of activities or materials outside prohibited. No Adult-Oriented Business shall be operated in any manner that permits the observation of any material or activities depicting, describing, or relating to specified sexual activities or specified anatomical areas from any public way or from any location outside the building or area of the establishment. This provision shall apply to any display, decoration, sign, show window, or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.
D. Outdoor lighting level required. All off-street parking areas and other exterior areas of the AdultOriented Business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light evenly distributed at ground level. The required lighting level is established in order to provide sufficient illumination of the parking areas, walkways, and outdoor areas serving the Adult-Oriented Business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises; a photometrics plan shall be submitted with the application.
E. All areas shall be readily accessible. The operator of an Adult-Oriented Business shall not permit any doors on the premises to be locked during business hours and, in addition, the operator shall be responsible to see that any room or area on the premises shall be readily accessible at all times and shall be open to view in its entirety for inspection by any law enforcement official.
F. Posting of California Penal Code Section 314 required. The Adult Oriented Business shall post in plain view inside the front portion of the business, a sign, in two-inch print which shall reference California Penal Code Section 314 which shall read as follows:
1. Every person who willfully and lewdly either: (1) exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or (2) procures, counsels, or assists any person so as to expose himself or take part in any model artist exhibition, or to make any other exhibition of himself to public view or the view of any number of persons, which is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor.
2. Upon the second and each subsequent conviction under Subparagraph 1., above, or upon a first conviction under Subparagraph 1., above after a previous conviction under California Penal Code
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Packet Pg. 207 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
8 Section 288, every person so convicted is guilty of a felony, and is punishable by imprisonment in State prison. (California Penal Code Section 314.)
G. Open to view by management. All indoor areas of the Adult-Oriented Business within which patrons are permitted, except rest rooms and customer changing rooms, if any, shall be open to view by the management at all times.
H. Additional "Adult Arcade" provisions. Any adult-oriented business which is also an "Adult Arcade" (see definition in Glossary), shall comply with the following additional provisions:
1. The interior of the premises shall be configured in so that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms and customer changing rooms. Restrooms and customer changing rooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured so that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this Subparagraph shall be direct line of sight from the manager's station.
2. The view area specified in Subparagraph 1., above shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. No patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.
3. No viewing room or changing room may be occupied by more than one person at any one time.
4. The walls or partitions between viewing rooms or booths, changing rooms, restrooms, and stalls or spaces contained therein shall be maintained in good repair at all times, with no openings in the walls between any two of the rooms that would allow viewing from one booth or room into another or that would allow physical contact of any kind between the occupants of any two of the booths or rooms.
5. Customers, patrons, or visitors who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing, shall not be allowed to stand idly by in the vicinity of any video booths, or to remain in the common area of the business, other than the restrooms. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.
6. The floors, seats, walls, and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen, or saliva in any of the booths shall be evidence of improper maintenance and inadequate sanitary controls; instances of these conditions may justify suspension or revocation of the Use Permit.
I. Indoor lighting level required. All interior areas of the Adult-Oriented Business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:
Location Minimum Illumination Level
(foot-candles)
Adult arcades 10
Bookstores and other retail establishments 20
Modeling studios 20
Motels/hotels 20 in public areas
Theaters and cabarets 5, except that a minimum of 1.25 shall be required during performances
J. Separate restrooms required. The Adult-Oriented Business shall provide and maintain separate restrooms for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using a restroom for females, and female patrons and employees shall be prohibited from using a restroom for males, except to carry out duties of repair, maintenance,
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Packet Pg. 208 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
9 and cleaning of the rest room facilities. The rest rooms shall be free from any Adult-Oriented Material.
Rest rooms shall not contain television monitors or other motion picture or video projection, recording, or reproduction equipment. The foregoing provisions of this Subparagraph shall not apply to an AdultOriented Business that deals exclusively with sale or rental of sexually oriented material or merchandise that is not used or consumed on the premises and which does not provide rest room facilities to its patrons or the general public.
K. Additional requirements for live entertainment. The following additional requirements shall pertain to Adult-Oriented Businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities, except for businesses regulated by the Alcoholic Beverage Control Commission:
1. No employee, owner, operator, responsible managing employee, manager, or permittee of an Adult-Oriented Businesses providing live entertainment shall allow any person below the age of 18 years upon the premises or within the confines of the business if no alcoholic beverage is served, or under the age of 21 if alcoholic beverages are served.
2. No entertainer shall dance with or otherwise be within four feet of a patron while performing for compensation or while on the Adult-Oriented Businesses premises. This four-foot separation shall be marked by a railing or other physical barrier designed to obstruct any contact between the entertainer and the patron(s).
3. No owner, operator, responsible managing employee, manager, or permittee shall permit or allow at licensed premises any patron to approach within four feet of an entertainer, or permit or allow an entertainer to approach within four feet of a patron.
4. All employees, other than entertainers while performing, shall, at a minimum while on or about the licensed premises, wear an opaque covering which covers their specified anatomical areas.
5. The Adult-Oriented Business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use.
6. The Adult-Oriented Business shall provide an entrance/exit for entertainers which is separate from the entrance/exit used by patrons.
7. The Adult-Oriented Business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If a separate access is not physically feasible, the Adult-Oriented Business shall provide a minimum three-foot wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence, or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.
8. No entertainer, either before, during, or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during, or after performances by the entertainer. This Subparagraph shall only apply to physical contact on the premises of the Adult-Oriented Business.
9. No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit any pay or gratuity from any patron.
L. Security guards required. Adult-Oriented Businesses shall employ security guards in order to maintain the public peace and safety, consistent with the following standards:
1. Adult-Oriented Businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than 35 persons, an additional security guard shall be on duty.
2. All Adult-Oriented Businesses shall have a responsible person who shall be at least 18 years of age, or 21 years of age if serving alcohol, and shall be on the premises to act as manager at all times
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Packet Pg. 209 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
10 during which the business is open. The individual designated as the on-site manager shall be registered with the Police Chief by the owner to receive all complaints and be responsible for all violations taking place on the premises.
3. All Adult-Oriented Businesses shall provide a security system that visually records and monitors the exterior premises of the property including all parking lot areas, or in the alternative, uniformed security guards to patrol and monitor the exterior premises of the property, including the parking lot areas during all business hours. These recordings are to be kept available for a minimum period of 72 hours. A sign indicating compliance with this provision shall be posted on the premises. The sign shall not exceed two by three feet and shall at a minimum be one foot by one and a half feet
4. Security guards shall be uniformed in a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of State law. No security guard required in compliance with this Subparagraph shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard.
M. X-rated movies or videos. The availability of X-rated movies or videos shall be restricted only to persons over 18 years of age. If an establishment that is not otherwise prohibited from providing access to persons under 18 years of age sells, rents, or displays videos or other motion picture media that have been rated "X" or rated "NC-17" by the motion picture rating industry ("MPAA"), or which have not been submitted to the MPAA for a rating, and which consist of images which are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, the videos shall be located in a specific Section of the establishment where persons under the age of 18 shall be prohibited. All access to sexually oriented material or merchandise shall be restricted to persons over 18 years of age.
N. Disposal in locked garbage receptacles only. Any and all sexually oriented materials or sexually oriented merchandise discarded by an Adult-Oriented Business shall be fully contained within a locked garbage receptacle at all times so that minors are not exposed to sexually oriented materials or sexually oriented merchandise.
The foregoing applicable requirements of this Section shall be deemed conditions of Use Permit approvals, and failure to comply with every requirement shall be grounds for revocation of the permit issued in compliance with these regulations.
D4-13 - Display of Permit
Each Adult-Oriented Business shall display at all times during business hours the Use Permit issued in compliance with the provisions of this Chapter for an Adult-Oriented Business in a conspicuous place so that the same may be readily seen by all persons entering the Adult-Oriented Business.
D4-14- Persons Under 18 Prohibited
It shall be unlawful for any permittee, operator, or other person in charge of any Adult-Oriented Business to employ, or provide any service for which it requires a Use Permit, to any person who is not at least 18 years of age.
D4-15 - Transfer of Adult-Oriented Business Regulatory Permits A. Only at approved address. A permittee shall not operate an Adult-Oriented Business under the authority of a Use Permit at any place other than the address of the Adult-Oriented Business stated in the application for the Adult-Oriented Permit.
B. No transfer without permit amendment. A permittee shall not transfer ownership or control of an Adult-Oriented Business or transfer a Use Permit to another person unless and until the transferee
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Packet Pg. 210 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
11 obtains an amendment to the permit from the Commission stating that the transferee is now the permittee. The amendment may be obtained only if the transferee files an application with the Commission in compliance with Sections D4-4 (Use Permit Required) and D4-5 (Application Requirements), above, accompanies the application with a transfer fee as set forth in the City’s Fee Schedule, and the Commission determines in compliance with Sections D4-6 that the transferee would be entitled to the issuance of an original Use Permit. The transfer fee shall be paid in lieu of the filing fee required by Section D4-5.
C. No transfer when subject to suspension or revocation. No Use Permit may be transferred when the permittee has been notified that the Use Permit has been or may be suspended or revoked.
D. No transfer in violation of this Section. Any attempt to transfer a Use Permit either directly or indirectly in violation of this Section is hereby declared void, and the Use Permit shall be deemed revoked.
D4-16 - Permit Revocation
A. Findings required for revocation. Any Use Permit issued in compliance with the provisions of this Chapter may be revoked by the City on the basis of any of the following:
1. The business or activity has been conducted in a manner which violates one or more of the conditions imposed upon the issuance of the permit or which fails to conform to the plans and procedures described in the application, or which violates the occupant load limits for the building in which the use is located set by the Fire Marshall;
2. The permittee has misrepresented a material fact in the application for permit or in any report required to be filed with the City or has not answered each question in the application truthfully;
3. The permittee has failed to obtain or maintain all required City, County, and State licenses and permits;
4. The permit is being used to conduct an activity different from that for which it was issued;
5. The building or structure in which the Adult-Oriented Business is conducted is hazardous to the health or safety of the employees or patrons of the business or of the general public under the standards set forth in the Uniform Building, Uniform Plumbing, or Uniform Fire Code;
6. The permitted business creates sound levels which violate the City's noise regulations (Section D3- 8);
7. The permittee, if an individual, or any of the officers or general partners, if a corporation or partnership is found guilty or pleaded nolo contendere to a misdemeanor or felony classified by the State as a sex or sex-related offense after the Adult-Oriented Business has commenced operation;
8. The permittee, employee, agent, partner, director, stockholder, or manager of an Adult-Oriented Business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the Adult-Oriented Business:
a. Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation; b. Use of the Adult-Oriented Business site as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur; c. Any conduct constituting a criminal offence which requires registration under Section 290 of the California Penal Code;
d. The occurrence of acts of lewdness, assignation, or prostitution including any conduct constituting violations of California Penal Code Sections 315, 316, 318, or 647(b); e. Any act constituting a violation of provisions of the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including, but not limited to, Sections 311 through 313.4; or
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Packet Pg. 211 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
12 f. Any conduct prohibited by this Chapter.
9. Failure to abide by any action previously imposed by an appropriate City official; and
10. The use for which the approval was granted has ceased to exist or has been suspended for 180 days or more.
B. Transmittal of notice. Written notice of hearing on the proposed permit revocation, together with written notification of the specific grounds of complaint against the permittee shall be sent by certified mail to the permittee at least 10 days before the hearing.
C. Relevant evidence. The Commission shall hold a public hearing on the proposed revocation of the permit. Notice of the public hearing shall be given in compliance with California Government Code Section 65091, as the same may be amended from time to time. In reaching a decision on the proposed revocation, the Commission shall not be bound by the formal rules of evidence. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.
D. Commission’s action. The Commission shall revoke, not revoke, or not revoke but add additional conditions to, the permittee's Use Permit. Any additional conditions imposed upon the permit shall be in keeping with the objective development standards of this Chapter and the underlying zone in which the property is located.
E. Transmittal of Commission decision. The Commission's decision shall be in writing, and shall be mailed to the applicant and all property owners within 300 feet of the use.
F. Decision within 30 days. The Commission shall make its final decision within 30 days of the public hearing.
G. Appeal of Commission’s decision. Any interested person may appeal the decision of the Commission to the Council in writing within 10 days after the Commission's written decision. In addition, within 10 days after the Commission's written decision, any member of the Council shall have the authority to direct that the Council review the decision of the Commission on the grounds that the individual council member believes that the matter should be decided by the Council.
H. De novo public hearing. Consideration of an appeal of the Commission's decision shall be at a de novo public hearing which shall be noticed in the same manner as the public hearing of the Commission and shall occur within 30 days of the filing of the appeal or initiation of review by the Council. In reaching its decision, the Council shall not be bound by the formal rules of evidence. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.
I. Council’s action on appeal. The Council action on the appeal of the Commission's decision shall be by a majority vote of the quorum, and upon the conclusion of the public hearing, the Council shall revoke, not revoke, or not revoke but add additional conditions to, the permittee's Use Permit. Any additional conditions imposed upon the permit shall be in keeping with the objective development standards of this Chapter and the underlying zone in which the property is located. The Council's decision shall be final and conclusive.
J. No new permit within 12 months after revocation. In the event a permit is revoked pursuant to this Chapter, another adult use development permit to operate an adult business shall not be granted to the permittee within 12 months after the date of the revocation.
D4-17 - Violations
Any person who violates any section of this Chapter shall be guilty of a misdemeanor and is subject to a fine and/or imprisonment in compliance with the limits set forth in California Government Code Section 36901, as it may be amended from time to time, or any other legal remedy available to the City.
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Packet Pg. 212 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
13 D4-18- Applicability to Other Regulations
The provisions of this Chapter are not intended to provide exclusive regulation of the Adult-Oriented Business uses. These uses shall comply with any and all applicable regulations imposed in other articles of this Land Use Code, other City ordinances, and State and Federal law.
D4-19- Conduct Constituting a Public Nuisance
The conduct of any business within the City in violation of any of the terms of this Chapter is hereby found and declared to be a public nuisance, and the City Attorney or the District Attorney may, in addition or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal, and enjoinment thereof, in the manner provided by law; and shall take other steps and shall apply to other courts as may have jurisdiction to grant relief that will abate or remove the Adult-Oriented Business and restrain and enjoin any person from conducting, operating, or maintaining an Adult-Oriented Business contrary to the provisions of this Chapter.
D4-20 - Inspections
An applicant or permittee shall permit representatives of the Police Department, Health Department, Planning Department, or other City Departments or Agencies to inspect the premises of an Adult-Oriented Business for the purpose of ensuring compliance with the law and the development standards applicable to Adult-Oriented Businesses, at any time it is occupied or opened for business. A person who operates an Adult-Oriented Business or his or her agent or employee is in violation of the provisions of this Section if he/she refuses to permit the lawful inspection of the premises at any time it is occupied or open for business.
Chapter II - Alternative Energy Structures
Contents:
D4-21 - Purpose
D4-22 - Solar Energy System
D4-23 - Wind Energy Equipment
D4-21 - Purpose
This Chapter provides regulations for alternative energy structures and equipment, including solar power equipment and windmills(wind energy conversion systems), to assist residents and businesses in reducing the consumption of electricity produced by sources outside of the community.
D4-22 - Solar Energy System
The provisions of this Section are intended to ensure that solar energy systems are protected from shading, conform in appearance to the surrounding neighborhood, and to provide design guidelines and installation standards.
A. Definitions.
Solar Energy System means either:
1. Any solar collector whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.
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Packet Pg. 213 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
14 2. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.
(CA Civil Code Section 801.5)
Solar Collectors include:
1. Solar Photovoltaic (PV) System,
2. Building Integrated Photovoltaics (BIPV),
3. Solar Thermal Panels, and like systems; or
4. other solar energy device
Small Residential Rooftop Solar Energy System means all of the following:
1. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.
2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city, and meets all applicable safety and performance standards established by the State.
3. A solar energy system installed on a single or duplex family dwelling unit
4. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction
B. Protection of solar access. A structure, fence, or wall shall not be constructed or modified in a residential zone, and vegetation may not be placed or allowed to grow after the effective date of this Chapter, so as to obstruct more than 10 percent of the absorption area of a solar energy system on a neighboring parcel at any time.
C. Solar Energy System design and installation standards. Solar energy system, except Small Residential Rooftop Solar Energy System, shall be designed and installed in compliance with the following standards:
1. Solar collectors.
a. Roof-mounted collectors shall be placed in the location least visible from public streets without reducing the operating efficiency of the collectors, unless they are integrated into the design of the structure as an architectural element.
b. Wall-mounted and ground-mounted collectors shall be screened from public view. c. Roof-mounted collectors shall be mounted at the same angle or as close as possible to the pitch of the roof.
2. Appurtenant equipment. Equipment appurtenant to solar collectors, including plumbing, and related fixtures, shall be installed within a structure on which the collectors are mounted, where feasible, or shall be screened from public view. Appurtenant equipment outside of a building shall comply with applicable setback requirements.
3. Accessory fixtures. Large accessory fixtures that generally require exposure (e.g., storage tanks) shall be screened through architectural features that harmonize with other elements of the structure.
4. Exterior finishes. Where feasible, exterior surfaces should have a matte finish and should be colorcoordinated to harmonize with roof materials or other dominant colors of the structure.
D4-23 - Wind Energy Equipment
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Packet Pg. 214 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
15 Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), a windmill proposed for the generation of electricity, hereafter referred to as a "windmill," shall comply with the requirements of this Section.
A. Application requirements. The Use Permit application shall include all information and materials required by Section D6-16, and the following.
1. Standard drawings and an engineering analysis of the system's tower, showing compliance with the Uniform Building Code (UBC), and certification by a California-licensed professional mechanical, structural, or civil engineer. A "wet stamp" shall not be required on the drawings and analysis if the application demonstrates that the system is designed to meet the most stringent wind requirements (UBC wind exposure D), the requirements for the worst seismic class (UBC Seismic 4), and the weakest soil class, with a soil strength of not more than 1,000 pounds per square foot.
2. Information demonstrating that the system will be used primarily to reduce on-site consumption of electricity.
3. Evidence that the provider of electric utility service to the site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant intends, and so states in the application, that the system will not be connected to the electricity grid.
4. Evidence that the proposed height of the windmill tower does not exceed the height recommended by the manufacturer or distributor of the system.
B. Minimum site area. A windmill shall only be located on a parcel of one acre or larger.
C. Limitations on location. No more than one windmill shall be approved on a single parcel, or closer than 500 feet from another windmill.
D. Windmill design standards.
1. Setback requirements. A windmill shall not be located closer to a property line than the height of the windmill (the distance from the ground to the topmost point of the windmill blades.
2. Height limit. A windmill tower shall not exceed the maximum height allowed by the applicable zone.
3. Windmill turbine. The turbine proposed for the system shall have been approved by the California Energy Commission (CEC) as qualifying under the Emerging Renewables Fund of the CEC's Renewables Investment Plan, or certified by a national program recognized and approved by the CEC.
E. Noise standards. A windmill shall be designed, installed, and operated so that noise generated by the system shall not exceed the lesser of 60 decibels (dBA), or the maximum noise levels established by the Noise Ordinance for the applicable zone, as measured at the property line, except during shortterm events including utility outages and severe wind storms.
F. Required findings for approval. The approval of a Use Permit for a windmill shall require that the Review Authority first find that the location and design of the windmill will not produce excessive visual impact or cause the windmill to be the dominant visual feature on a ridgeline when viewed from a public right-of-way, in addition to the findings required for Use Permit approval by Section D6-28 (Use Permits and Minor Use Permits).
Chapter III - Standards for Specific Land Uses
Contents:
D4-24 - Purpose
D4-25 - Applicability
D4-26 - Accessory Structures
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Packet Pg. 215 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
16 D4-27 - Bed and Breakfast Inns and Short-Term Rentals D4-28 - Card Rooms
D4-29 - Reserved Child Day Care Facilities
D4-30 - ReservedCommercial Entertainment Facilities
D4-31 - Employee Eating Areas
D4-32 - Heliports
D4-33 - Home Occupations
D4-34 - Live Entertainment
D4-35 - Outdoor Display, Storage, and Vending
D4-36 - Mobile Homes and Mobile Home Parks
D4-37 - Recycling Facilities
D4-38 – ReservedNon-Retail Uses within Retail/Commercial Centers D4-39 - Accessory Dwelling Units
D4-40 - Service Stations and Car Washes
D4-24 - Purpose
This Chapter provides site planning, development, and/or operating standards for certain land uses that are allowed by Division D2 (Allowable Land Uses and Zoning Standards) within individual or multiple zones, and for activities that require special standards to mitigate their potential adverse impacts.
D4-25 - Applicability
The land uses and activities covered by this Chapter shall comply with the provisions of each Section applicable to the specific use, in addition to all other applicable provisions of this Zoning Ordinance.
A. Where allowed. Each use shall be located only where allowed by Division D2 (Allowable Land Uses and Zoning Standards).
B. Planning permit requirements. Each use shall be authorized by the planning permit required by Division D2, except where a planning permit requirement is established by this Chapter for the specific use.
C. Development standards. The standards for specific uses in this Chapter supplement and are required in addition to all other applicable provisions of this Zoning Ordinance (e.g., Divisions D2 and D3, etc.).
1. The land use tables in Division D2 determine when the standards of this Chapter apply to a specific land use.
2. In the event of any conflict between the requirements of this Chapter and those of Divisions D2 or D3, the requirements of this Chapter shall control.
D4-26 - Accessory Structures
The purpose of this Section is to establish standards for usage, construction timing, projections into required setbacks, siting, design, and lot coverage of accessory structures. Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), accessory structures shall comply with the requirements of this Section.
A. Requirements for all accessory structures.
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Packet Pg. 216 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
17 1. Relationship to primary use. An accessory use and/or structure shall be incidental to the primary use of the site, and shall not alter the character of the primary use.
2. Timing of installation. An accessory structure shall only be constructed concurrent with or after the construction of the primary structure on the same site except that construction trailers may be placed on a site at the time site clearance and grading begins, and may remain on the site only for the duration of construction.
3. Allowed projections into setbacks. An architectural feature of an accessory structure may extend into a required front, side or rear setback in compliance with Table 4-1.
TABLE 4-1
ALLOWED ACCESSORY STRUCTURE PROJECTIONS INTO SETBACKS
Projecting Feature
Allowed Projection into Required Setback
Front/Street Side
Setback
Interior
Side Setback Rear Setback
Awnings and canopies 6 ft 30 in (1) 6 ft (1)
Balcony, landing, porch, stairway - Uncovered,
unenclosed, and less than 30 in. above grade 25% of setback Balcony, landing, porch, stairway - Covered and
enclosed by roof and walls Not allowed in any setback
Balcony, landing, porch, stairway - Covered but
unenclosed 6 ft 30 in (1) 6 ft (1)
Bay window, or similar projecting feature 30 in The greater of 30 in or 20% of setback (1) 30 in
Chimney/fireplace, 6 ft. or less in breadth, media
niche 24 in 24 in (1) 24 in (1)
Chimney/fireplace, more than 6 ft. in breadth,
media niche Not allowed 24 in (1) 24 in (1)
Cornice, eave, mechanical equipment, roof
overhang 24 in 24 in (1) 24 in (1)
Notes: (1) Feature may project an additional 6 inches if the minimum provided setback is greater than 5 feet.
B. Exemptions - Decks. A deck shall be exempt from the provisions of section D4-26 only if constructed with an approved Development Plan.
C. CC, CT, CCMU, CR, MC, CS, DMU-N, DMU-S, MUX, MUR MU, OA, and OL zones. An accessory structure shall comply with the following standards, in addition to those in Subsection A.
1. Setback requirements. An accessory structure shall not occupy a required front or corner side setback, or project beyond the front building line of the primary structure on the site. In addition, an accessory structure located to the rear of a primary structure shall be set back from the interior side and rear property lines by a minimum of five feet, unless the accessory structure complies with the height limit requirements of Subsection C.2.
2. Height limit. An accessory structure shall not exceed a maximum height of 16 feet, provided that:
a. A structure placed at a property line shall not exceed six feet in height at the property line, and shall not intercept an inclined daylight plane sloping inward from a point six feet above the property line and rising one foot for each foot of distance from the property line.
D. MW, AG, OS, P, GC, M-1, and M-2 and PS zones. Accessory structures shall comply with all regulations applicable to the principal primary structure. Off-site accessory uses may be allowed only with a Minor Use Permit approval.
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Packet Pg. 217 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
18 E. R zones. Each accessory structure within a residential zone shall comply with the following requirements.
1. Maximum total floor area. The total floor area of all accessory structures on the site with a solid roof over four feet in height and/or deck structures over four feet in height shall not exceed three percent of the lot area. Common areas owned by homeowners’ associations are exempt from the maximum floor area (i.e. pool house, etc.).
An accessory structure with operable louver roofing, which is capable of opening the roof to the sky, is exempt from this total floor area limitation.
2. Height limit. An accessory structure shall not exceed the height limit as stated in Table 4-2. See Section D3-6.D. (Height Limits and Exceptions) to determine how height is measured.
Table 4-2
Maximum Accessory Structure Height
HR, RE-B, RS, RM, RMH, RH and
RVH RC, RE-A and RR
Accessory structure 12 feet 16 feet
Decks Floor plate of the top story of the residence
(1) (2)
Floor plate of the top story of the residence (1)
(2)
Accessory structure within
front setback
3 feet, plus an additional 18 inches for
decorative features or lighting
3 feet, plus an additional 18 inches for
decorative features or lighting
Notes:
(1) Maximum railing/screen height shall be the minimum required under the Uniform Building Code. (2) Decks constructed with an approved Development Plan shall be exempt from height regulations in Table 4-2.
3. Setback requirements. Accessory structures shall comply with the following setback requirements. a. Front setback. An accessory structure shall be set back from a front property line by a minimum distance:
1. As required by Subsection D.3.c for animal structures.
2. An accessory structure in a required front yard setback shall comply with the driveway visibility requirements of Section D3-10 (Setback Requirements and Exceptions), and the site obstruction requirements of Section D3-37 (Driveways and Site Access). b. Side and rear setbacks. An accessory structure shall be set back from the side and rear property line as follows.
1. If the structure is of 18 inches or less in height, no setback is required;
2. If the structure is greater than 18 inches but 6 feet or less in height, a three-foot setback is required; and
3. If the structure is greater than 6 feet in height, the setback shall be equal to the height less three feet.
c. Setbacks for animal keeping structures.
1. Small animal structures. The minimum setback for structures housing small domestic animals shall be 60 feet from the front property line; and 40 feet from both the side and rear property lines (small structures housing dogs are excluded from this standard). For chicken coops, see Division D4, Chapter VII.
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Packet Pg. 218 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
19 2. Large animal structures. The minimum setback for barns, stables, and similar accessory structures housing large animals shall be 100 feet from the front property line; and 50 feet from both side and rear property lines.
F. PD zone. The size and location of accessory structures shall comply with the requirements of the adopted PD or specific plan for the applicable PD zone. If the PD standards do not address standards for accessory structures, then the requirements of R zone apply to residential developments and C zone standards apply to commercial developments.
D4-27 - Bed and Breakfast Inns and Short-Term Rentals
Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), Bed and Breakfast Inns and Short-Term Rentals (internet based or otherwise), shall comply with the requirements of this Section.
A. Definitions. Except where the context otherwise requires, the following definitions are applicable to this Section:
Short-term rental (STR). A dwelling that is leased or rented in full or in part for the purpose of overnight lodging for less than thirty (30) consecutive day terms. Short-term rentals are not considered home occupations for permitting and are treated separately.
Bed and Breakfast Inn (B&B). A residential structure with one or more bedrooms rented for overnight lodging throughout the year, where meals may be provided subject to applicable Environmental Health Department regulations.
Dwelling. Any structure, or any portion of any structure, which is occupied or intended or designed for exclusively residential occupancy by transients for habitation, lodging or sleeping purposes. Dwellings include single-family and multifamily uses, but do not include a hotel, motel or boarding house.
Transient. Any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of twenty-nine (29) consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a short term rental shall be deemed a transient until the period of twenty-nine (29) days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy.
Occupancy. The use or possession, or the right to the use or possession of any room or rooms or portion thereof, in any dwelling for habitation, lodging or sleeping purposes.
Operator. The person who is proprietor of the bed and breakfast inn or short term rental, whether in the capacity of owner, lessee, sub-lessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs his or her functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as his or her principal. Compliance with the provisions of this Chapter by either the principal or the managing agent shall, however, be considered to be compliant by both.
Person. Any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.
Rent. The consideration charged, whether or not received, for the occupancy of space in a short-term rental valued in money, whether to be received in cash, credits and property and services of any kind or nature.
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Packet Pg. 219 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
20 Hosted short-term rental. The renting of a room or portion in a dwelling in which the Operator is living onsite and actively managing the activities that occur on the property.
Un-hosted short-term rental. The renting of a whole dwelling, room(s) or property in which the Operator is not onsite to manage the activities that occur on the property, but has provided a local contact to address potential issues.
B. Bed and Breakfast Inns.
1. Owner occupancy required. A bed and breakfast inn shall be operated by the property owner living on the site. This requirement may be waived by the Planning Commission.
2. Limitation on number of guest rooms. A bed and breakfast inn shall be limited to a maximum of six guest rooms for lodging.
3. Signs. Signs shall be limited to a single sign with a maximum area of six feet. The face of the sign may be indirectly illuminated by an exterior light source entirely shielded from view, but no internal illumination from an interior light source shall be permitted.
C. Short-Term Rentals
1. Registration Required. It is unlawful for any person to operate a short-term rental within any residential district as defined by Division D2 (Allowable Land Uses and Zoning Standards) in the City without first registering the short term rental pursuant to this section.
2. Registration Application Requirements. Each short-term rental shall be registered annually with the City or by completing a City-provided registration form containing the following information:
a. The physical address and type of the short-term rental (hosted or un-hosted). b. The name, address, telephone number, and signature of the property owner of the short-term rental for which the registration is sought.
c. The name, address, telephone number, and signature of the short-term rental operator (if different than the property owner) who will be responsible for operating the rental. d. The name and telephone number of local contact person(s) who can be available twenty-four (24) hours a day to accept telephone calls and respond physically to the short-term rental within thirty (30) minutes when the short-term rental is rented. e. The number of bedrooms in the short-term rental which will be used to calculate the occupancy limit for the short-term rental when it is being rented in full or in part. f. Acknowledgement that the owner/operator shall include the City short-term rental registration number provided with the proof of registration on any written advertisements (whether in paper or electronic form) for use of the short-term rental.
g. Acknowledgement that all construction at the property containing the short-term rental was conducted in compliance with building codes applicable at the time. h. Acknowledgement that the short-term rental does and shall comply with all Terms of Use requirements set forth in Subsection D below.
i. Proof of insurance that demonstrate that the property is insured for the use of a short-term rental.
j. Acknowledgement of the requirement to hold harmless, indemnify and defend the City and staff against claims and litigations arising from or related to the issuance of the short-term rental registration.
D. Terms of Use/Conditions of Operation. In the registration filed with the City, the owner and Operator (if different from the owner) shall acknowledge the following requirements and conditions:
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Packet Pg. 220 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
21 1. When any portion of the short-term rental is rented, the total maximum occupancy of the dwelling containing the short-term rental is limited to the maximum number specified on the proof of registration. That maximum is calculated as follows: two (2) adults per bedroom.
2. The short-term rental shall not be rented for the purpose of holding special events such as weddings, conferences, parties, etc.
3. All short-term rentals shall be associated with a habitable structure/dwelling. No tents, RVs or camping shall be allowed as a short-term rental.
4. The owner/operator of a short-term rental on any given lot may only arrange for one rental contract to take place at any given time on that property.
5. The short-term rental owner and operator are jointly responsible for ensuring the short-term rental complies with all local, state and federal health and safety requirements, including those regarding smoke detectors, fire alarms and fire extinguishers.
6. The short-term rental owner and operator are jointly responsible for compliance with all City regulations including those regarding noise, property maintenance, trash and occupancy.
7. Parking for short-term rentals shall utilize the onsite parking (garage and driveway), as provided for by the property design and layout. Street parking shall be utilized only after the onsite options have been exhausted. No oversized vehicle shall be parked on the property associated with a short-term rental and there shall be no parking on landscape areas.
8. No signage shall be permitted in association with short-term rentals.
9. The Operator shall register with the City for the collection and remittance of Transient Occupancy Taxes (TOT) associated with the operation of the short-term rental. The Operator shall be responsible for annual payments of TOT less any TOT payments collected by host websites which are subject to a separate agreement with the City.
10. The short-term rental registration is non-transferable.
11. The Operator shall be responsible for providing the renter copies of the Terms of Use, any additional house rules, and ensuring compliance with those standards.
12. The renting of un-hosted short-term rentals shall be limited to a maximum of 12 weeks per year.
Hosted short-term rentals, with onsite live-in Operators, are not subject to specific limitations on the renting of rooms, etc.
13. No short-term rentals shall be allowed within a dwelling unit that is subject to an affordable housing agreement which restricts the dwelling unit from being rented.
14. Any modification, improvements and conversions within the dwelling unit shall be made in compliance with the Uniform Building Code and subject to the building permitting process.
E. Application Review. The Director (or designee), shall be responsible for reviewing the site conditions and verifying the veracity of the information provided on the registration applications. Based on that review, the Director shall have the authority to impose additional conditions on the Terms of Use based on site conditions or other concerns that result from the application review. Any additional conditions imposed by the Director may be appealed to the Planning Commission.
F. Registration and Renewal Fee Required. At the time of registration or renewal, the owner/operator shall pay a registration fee in an amount set from time to time by Resolution of the City Council to reimburse the City for the cost of processing the registration. Registration shall be initiated only upon the successful payment of the registration fee and a complete registration packet. An annual renewal application and fee shall be submitted 30 days prior to the expiration of the current short-term rental registration. The registration and renewal fees are non-refundable.
G. Enforcement. Violations of this Section may be enforced pursuant to TITLE B of the Municipal Code.
Upon a determination of a violation of the short-term rental standards or the determination that the
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Packet Pg. 221 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
22 operation of the short-term rental constitutes a public nuisance, a public hearing may be scheduled by the Zoning Administrator to consider revocation of the registration and the ability to operate a shortterm rental at the subject property per Section D7-32 of the Zoning Ordinance. A revoked short-term rental registration shall not be considered for re-issuance for a period of 12 months following the effective date of the revocation.
(Ord. No. 496, § 2, 01/28/2020)
D4-28 - Card Rooms
Card rooms shall comply with the requirements of Municipal Code DIVISION B1, Chapter I (Cardrooms).
D4-29 - ReservedChild Day Care Facilities
Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), large family day care homes shall comply with the requirements of this Section.
A. Purpose. The intent of these regulations is to prescribe reasonable standards for large family day care homes in San Ramon.
B. Permit required. A Use Permit issued by the Zoning Administrator shall be required before operating a large family day care home.
C. Hearing. If requested in writing after a 15-day notice from the City, a hearing will be held on the application for a large family day care home.
D. Contents of application. An application for a Large Family Day Care Home Permit shall contain the information as outlined by the Zoning Administrator with the General Submittal Requirement List.
E. Findings required. The Zoning Administrator shall issue a Use Permit only when the following findings can be made:
1. The proposal adheres to all State of California Department of Social Services requirements for large family day care homes; and
2. The large family day care home is not within 300 feet of any other legally established large family day care home; and
3. The Fire and Building Departments approve clearance for use of the residential structure as a large family day care home; and
4. The primary use of the structure is as a residence; and
5. Operation of the large family day care home at the proposed location will not result in hazardous traffic circulation, traffic conditions, and parking; and
6. Operation of the large family day care home at the proposed location will be in compliance with adopted noise standards applicable to the site.
F. Standards. All large family day care homes shall comply with all applicable State standards and requirements for family day care homes. In addition, all large family day care homes shall comply with the following standards:
1. Outdoor play area. Outdoor play areas shall be provided at all large family day care homes. a. All outdoor play areas shall be enclosed by a natural barrier, wall, solid fence, or other solid structure at least 6 feet in height.
b. All outdoor play areas shall be adequately separated from driveways, streets, and parking areas.
2. Parking. Adequate parking shall be provided for employees of the large family day care home and for pick-up and drop-off of children at the home in accordance with the following standards:
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Packet Pg. 222 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
23 a. In addition to the off-street parking spaces required for the residential zone, one additional offstreet parking space shall be provided per employee, and can be within the setback and/or in the driveway.
b. Adequate space shall be available for the safe pick-up and delivery of children to the day care home. This space shall be off-street, and can be in the driveway or off-street parking area.
1. Overconcentration. A large family day care home shall be a minimum of 300 feet from any other legally established large family day care home. The 300-foot minimum distance shall be measured from the subject site property linesto the property lines of any other legally established large family day care home. Small family day care homes and day care centers are not included when determining overconcentration.
2. Noise. The applicant shall address noise impacts on neighboring properties consistent with the noise standards of the City.
C. Appeals. Decisions of the Zoning Administrator may be appealed to the Planning Commission in accord with Chapter D7-II (Appeals and Calls for Review).
D4-30 - Reserved Commercial Entertainment Facilities
Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), commercial entertainment facilities shall comply with the requirements of this Section.
A. Purpose. The intent of these regulations is to control the location and hours of operation of game centers so as not to allow school children to play the games during school hours nor to encourage minors to congregate in areas close to commercial establishments that sell alcoholic beverages.
B. Permit required. A Use Permit shall be required to install, operate or maintain six or more games.
C. Duration and renewal of permit. Initially, the permit shall be valid only for one year; thereafter, the Zoning Administrator may renew the permit for periods of not more than two years. The procedure for renewal is the same as that for the initial application, and the same factors considered for the initial application shall be considered for the renewal.
D. Adult manager. At least one adult manager (18 years of age, or 21 or over if serving alcohol) shall be on the premises during the time a game center is open to the public.
E. Location criteria.
1. A game center shall not be permitted within 300 feet of a school site or the boundary of an R zone, or within 500 feet of a liquor store, a cocktail lounge or bar. The distance shall be measured in a straight line from the main public entrance to the game center to the property line of the school site, the zone boundary, or the main public entrance of the liquor store or cocktail lounge, as the case may be. Exits not limited to emergency use only shall generally be directed away from an R zone adjoining the site.
2. Within the CC Zone, game centers with not more than five games shall be permitted, subject to the restrictions that may be imposed pursuant to Subsection F below.
F. Restrictions. The Zoning Administrator may impose reasonable restrictions on the physical design, location, and operation of a game center in order to minimize the effects of noise, congregation, parking, and other nuisance factors that may be detrimental to the public health, safety and welfare of the surrounding community.
G. Appeals. Any person may appeal the decision of the Zoning Administrator on an application for an initial permit or a renewal of a game center permit to the Planning Commission in accord with Chapter D7-II (Appeals and Calls for Review)
D4-31 - Employee Eating Areas
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Packet Pg. 223 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
24 Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), outdoor employee eating areas shall comply with the requirements of this Section.
A. Standards.
1. A minimum of 150 square feet of outdoor eating facilities shall be provided for office buildings of 10,000 gross sq. ft. or greater, excluding warehouse and storage space. A larger outdoor eating area shall be required for larger buildings in an amount to be determined by the Zoning Administrator.
Credit toward the required amount of square footage will be given for indoor eating facilities as determined by the Zoning Administrator.
2. The area shall be easily accessible to employees and shall be located to offer a sense of privacy.
3. The area shall be landscaped and provided with attractive outdoor furniture, i.e., metal, wood, or concrete picnic tables, benches/chairs and trash receptacles.
4. A site plan showing the location, landscaping and facilities required above shall be submitted to the Zoning Administrator for approval as part of the development application.
B. Exceptions. This Section shall not apply to industrial/office buildings that are located within 1,000 feet of an approved mini-park or a City park that include facilities for eating and are accessible by walking as determined by the Zoning Administrator.
D4-32 - Heliports
Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), heliports shall comply with the requirements of this Section.
A. Purpose. These regulations establish location criteria and development standards for helicopter takeoff and landing areas to protect the public health, safety and welfare, and to minimize land-use conflicts, noise impacts, and operational hazards.
B. Permit required. A Use Permit shall be issued by the Planning Commission, for the construction and operation of a heliport, helipad, or helistop upon finding that:
1. The helipad, heliport, or helistop conforms to the location criteria and standards established in Subsections D. and E., and the requirements of the California Department of Transportation, Division of Aeronautics;
2. The heliport, helipad, or helistop is compatible with the surrounding environment; and
3. The proposed operation of the helicopter facility does not pose a threat to public health, safety or welfare.
The Planning Commission may impose conditions on approval of the Use Permit to prevent adverse impacts on surrounding properties; if such impacts cannot be mitigated to an acceptable level, the Use Permit application shall be denied.
C. Location criteria.
1. Relation to transportation system. The heliport, helipad, or helistop shall be located within 3,000 feet of a freeway as designated on the General Plan.
2. Minimum separation. Minimum separation between heliports, helipads, and helistops shall be 1.5 miles, except for facilities specifically intended for emergency use, such as medical evacuation, and temporary landing sites.
3. Protected areas. No heliport, helipad, or helistop shall be located within 1,000 feet of an R zone or the site of a public or private school or within 500 feet of a park provided that heliports, helipads or helistops specifically intended for emergency use may be within 500 feet of an R zone, a park or a public or private school. Temporary landing sites within 1,000 feet of a public or private school may
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Packet Pg. 224 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
25 be allowed with a temporary Use Permit subject to approval of: (a) the City of San Ramon; (b) the San Ramon Valley Unified School District; and (c) the California Department of Transportation.
D. Site development standards.
1. Approach and departure paths 65 feet wide shall be free of obstruction for a minimum distance of 400 feet.
2. Setbacks from property lines shall be as follows:
a. Takeoff and landing area - 100 feet;
b. Helicopter maintenance facilities - 25 feet;
c. Administrative or operations building - 15 feet.
3. Any lighting used for nighttime operations shall be directed away from adjacent properties and public rights-of-way.
4. A telephone shall be provided on or adjacent to the heliport, helipad or helistop.
5. Helipads, heliport or helistops intended for emergency use shall have a landing pad with a standard landing area designated and the words "Emergency Only". The initial direction of the departure routes shall be indicated on the takeoff and landing area.
E. Application requirements. The following additional information shall be submitted with a Use Permit application:
1. An area map, at a scale of 1" = 800' showing existing land use within a two-mile radius of the facility site and the proposed flight paths.
2. A plot plan of the site and vicinity, including all land within a 400-foot radius of the takeoff and landing area, that shows clearly the height of the takeoff and landing area; the height of existing, approved and proposed structures and trees within 100 feet of the approach and takeoff flight paths; and the maximum allowable building height under existing zoning.
3. A description of the proposed operations, including the type of use, names and descriptions of helicopters expected to use the facility, and anticipated number and timing of daily flights.
4. A helicopter noise study including a map of the approach and departure flight paths at a scale of 1" = 800' showing existing day/night average noise levels in decibels (LDN noise contours), future day/night average noise levels with the proposed facility and anticipated flight operations, and single-event maximum sound levels associated with the types of helicopters expected to use the facility.
F. Appeals. Decisions of the Commission may be appealed to the Council in compliance with Chapter D7- II (Appeals and Calls for Review).
D4-33 - Home Occupations
Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), home occupations and Cottage Food Operations shall comply with the requirements of this Section.
A. Permit required. A home occupation or Cottage Food Operation in a residential zone shall require a home occupation permit unless a minor use permit is required by subsection D4-33.D (Minor Exceptions) or subsection D4-33.E (Cottage Food Operation). The Zoning Administrator shall issue the permit upon determining that the proposed home occupation complies with the requirements of this section.
B. Application contents. An application for a home occupation permit shall contain the information as required by the Zoning Administrator.
C. Required conditions. Home occupations shall comply with the following regulations:
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Packet Pg. 225 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
26 1. No clients may come to the home.
2. The use is incidental to the residential use of the dwelling.
3. The use shall be conducted entirely within a portion of the main building, not within any required parking facility and shall not exceed 20 percent of the building's floor area, excluding garage square footage. No outside storage shall be permitted.
4. No article shall be sold or offered for sale on the premises.
5. No person other than a resident of the dwelling shall be employed on-site or report to work at the site in the conduct of the home occupation This prohibition also applies to independent contractors.
6. The use will not generate vehicular or pedestrian traffic in excess of that which is normally associated with residential uses in the same zone.
7. No parking space will be obstructed and no additional parking space will be required for the home occupation.
8. There is no exterior indication of the home occupation, including signs.
9. The use will not create noise, odor, dust, fumes, vibration, smoke, electrical interference, or any other interference with residential uses of adjacent property.
10. No motor vehicle repair shall be permitted at operator’s residence. Auto cleaning, detailing, and minor replacement or repair of glass or accessory parts may be performed off-site.
11. No personal services shall be permitted on-site.
12. The address of the home occupation will not be advertised in any publication. Business cards and letterhead are not included in this requirement.
D. Minor Exceptions. Any minor exception to a home occupation such as, but not limited to client visits, outdoor uses, etc. shall require a Minor Use Permit in accordance with Chapter D6-28 (Use Permits and Minor Use Permits). The Zoning Administrator may impose conditions as deemed necessary to protect the best interests of the surrounding area for a home occupation requiring approval of a Minor Use Permit.
1. Factors to be considered. The Zoning Administrator may consider factors such as, but not limited to the following during review of a home occupation requiring a Minor Use Permit:
a. Parking;
b. Traffic control;
c. Noise Control;
d. Operating characteristics;
e. Hours of operation;
E. Cottage Food Operation. A Cottage Food Operation with client visits and/or up to one non-resident employee in a residential zone shall require a Minor Use Permit, in accordance with Chapter D6-28 (Use Permits and Minor Use Permits).
1. Standards. The Zoning Administrator may consider reasonable standards, restrictions, and requirements related to the following:
a. Spacing and Concentration. A Cottage Food Operation with client visits and/or up to one nonresident employee shall be a minimum of 300 feet from any other legally established Cottage Food Operation with client visits and/or up to one non-resident employee. The 300 foot minimum distance shall be measured from the subject site property lines to the property lines of any other legally established Cottage Food Operation with client visits and/or up to one nonresident employee; b. Traffic control;
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Packet Pg. 226 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
27 c. Parking;
d. Noise Control
F. Discontinued Use. As determined by the Zoning Administrator, all permits issued pursuant to this section may become null and void if the business license for a home occupation or Cottage Food Operation is discontinued for a period of one year.
G. Revocation. A permit granted pursuant to this section may be revoked by the Zoning Administrator pursuant to the procedures established by Zoning Ordinance Division D7, Chapter V (Enforcement).
H. Appeals. In accord with Chapter D7-II (Appeals and Calls for Review), decisions of the Zoning Administrator may be appealed to the Planning Commission.
D4-34 - Live Entertainment
Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), live entertainment shall comply with the requirements of this Section.
A. Exits not limited to emergency use only shall generally be directed away from an R zone adjoining the site.
B. A Use Permit shall establish conditions ensuring that no litter problem will exist.
C. A Use Permit for live entertainment shall apply only to the type of entertainment approved, and a different type of entertainment shall require approval of a separate Use Permit.
D. Noise requirements and other limitations. Approval shall include conditions addressing:
1. Hours of operation;
2. Transferability; and
3. The temporary vs. permanent nature of the use.
D4-35 - Outdoor Display, Storage, and Vending
Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), outdoor display and salesshall comply with the requirements of this Section.
A. Outdoor display and storage.
1. Where permitted. The outdoor storage and display of merchandise, materials, or equipment, including display of merchandise, materials, and equipment for customer pick-up may occur only where allowed by the allowable land use tables in Division D2 for the specific zone applicable to the site.
2. Permit conditions, grounds for denial. A Minor Use Ppermit for outdoor display and storage, display, or food service may require yards, screening, or planting areas necessary to prevent adverse impacts on surrounding properties and the visual character of scenic areas as identified in the General Plan. If these impacts cannot be prevented, the Zoning Administrator shall deny the Minor Use Permit application.
3. Exceptions. Notwithstanding the provisions of Subsections A.1 and A.2 above, outdoor storage and display shall be permitted in conjunction with plant nurseries in zones where plant nurseries are allowed by Division D2, provided that the outdoor storage and display is limited to plants only.
4. Screening. Except for the land uses excepted by Subsection A.3 above, each outdoor storage and display area shall be screened from the view of streets by a solid fence or wall. The height of merchandise, materials, and equipment stored or displayed in the MW zone shall not exceed the height of the screening fence or wall. In other zones, sScreening shall be provided as prescribed by the Minor Use Permit.
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Packet Pg. 227 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
28 5. Coin-Operated Vending Machines. Each machine located in an R zone or within 300 feet of an R zone, except for machines located on the site of a service station, shall be buffered from view from public rights-of-way.
6. Outdoor eating areas. Sidewalk cafes and outdoor food service accessory to an Eating and Drinking Establishment shall include no outdoor preparation of food or beverages.
7. Appeals. Decisions of the Zoning Administrator may be appealed to the Planning Commission in compliance with Chapter D7-II (Appeals and Calls for Review).
B. Outdoor vending.
1. Purpose. To provide opportunities for outdoor vendors to operate where allowed by Division D2 (Allowable Land Uses and Zoning Standards) and to ensure that such operations are properly regulated in such a manner that their benefits to the City are realized and at the same time adverse impacts are minimized.
2. Definitions.
Vendor. A person with a current business license who sells, or offers to sell any type of merchandise, including food, beverages or edibles of any type whether hot, cold, fresh, prepared or packaged, from a mobile food truck, or at an approved location other than within a building or structure constructed on a permanent foundation that is rented, leased, or owned by that person.
Vending. Selling or offering to sell any type of merchandise, including food, beverages or edibles of any type, at any location other than within a building or structure constructed on a permanent foundation, which is rented, leased, or owned by the person selling or offering to sell the merchandise.
Vending equipment. Includes, but is not limited to any materials, merchandise, tools, vehicles, carts, tables, chairs, or other items owned by, in the possession of or associated with a licensed vendor.
3. Permits required.
a. Minor Use Permit. A Minor Use Permit issued by the Zoning Administrator shall be required for any vending locations in accordance with Chapter D6-28 (Use Permits and Minor Use Permits).
Where permitted. The outdoor vending land use may occur only where allowed by the allowable land use tables in Division D2 for the specific zone applicable to the site. b. Business License. Every vendor shall obtain a City Business License prior to operation. c. County Health Department. If food and/or beverages are being sold, a valid permit from the County Health Department is required.
d. Building and Fire Departments. All necessary permits and approvals from the Building and Fire Departments shall be obtained prior to operation of a vending business. e. Permit and license display. At all times while vending, a valid Business License and Minor Use Permit shall be displayed at the vending site.
f. Adverse Impacts. The Zoning Administrator may impose conditions of approval on the Minor Use Permit to prevent adverse impacts on surrounding uses.
4. Location criteria and hours of operation.
a. Hours. Hours of operation for vending businesses shall be as determined by the Minor Use Permit.
b. Location. Vending shall be allowed with an approved Minor Use Permit on private property in all the MU (Mixed Use) and CCMU (City Center Mixed Use), C (Commercial) and O (Office) zones only .
c.b. Vendors shall not operate:
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Packet Pg. 228 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
29 1. at a location where space for pedestrian passage will be reduced to less than four feet;
2. at a location which obstructs access to any entrance to any building or facility used by the public, including but not limited to doors and emergency exits;
3. within 10 feet of any handicap access ramp, pedestrian crosswalk, or fire hydrant;
4. within any landscaped area;
5. within the public right-of-way including streets and sidewalks;
6. within 100 feet of the frontage of a store or restaurant selling food and/or beverages for onsite consumption, in the case of a vendor selling food and/or beverages; or within 100 feet of the frontage of a store selling a similar commodity, in the case of a vendor selling commodities other than food and/or beverages;
7. within a public park or recreation area, except when licensed by the City as a concessionaire or when authorized by the City to vend at special events; and
8. within 200 feet of another approved vending location.
5. Standards and design criteria.
a. Vendors shall maintain their immediate sales location in a clean and hazard free condition; failure to so maintain and failure to clean the vending location of all waste shall be cause for revocation of the Use Permit.
b. Vendors selling food and/or beverages shall maintain garbage container(s) immediately adjacent to the vending location for use by customers.
c. No vendor shall use, play or employ any sound, outcry, amplifier, loudspeaker, radio or any other instrument or device for the production of sound in connection with the promotion of a vending operation.
d. No vendor shall sell any merchandise to any person who is in a motor vehicle at the time of sale. e. Every food vendor shall be required to have a written agreement giving the vendor the right to use permanent sanitary facilities located no more than 200 feet from the approving vending location.
f. No off-site signage advertising the vending operation is permitted. g. The maximum sign area is eight square feet per vendor. h. All signage shall be located on the vending equipment. i. Vending equipment shall be easily moved and self-supporting; at no time shall vending equipment be attached, tied, or locked to trees, hydrants, or other permanent vertical structures or benches.
j. After the permitted hours of operation, all vending equipment shall be stored off-site or within an enclosed structure on-site.
k. No vendor shall sell alcoholic beverages.
l. Vendors cooking food shall maintain a fire extinguisher at the vending location at all times. m. Vendors operating within a parking lot shall not inhibit traffic circulation and shall maintain the minimum required on-site parking stalls during operation.
6. Exceptions. The Zoning Administrator may grant minor exceptions to the regulations contained in Subsections D. and E. above, provided that the Required Findings can still be made.
7. Contents of application. An application for a Minor Use Permit shall contain the information as required by the Zoning Administrator in compliance with Section D6-28 (Use Permits and Minor Use Permits).
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Packet Pg. 229 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
30 8. Findings required. In addition to the required Findings for Use Permits and Minor Use Permits contained in Section D6-28.F, t The Zoning Administrator shall make the following additional findings:
a. The proposed vendor operation will maintain location and separation standards at all timesnot adversely impact adjacent businesses including the creation of unfair competition with merchants in fixed locations.
b. The vending equipment and operation will be aesthetically pleasing c. The vending operation will not adversely impact automobile and pedestrian safety, and will have minimal impacts on parking.
D4-36 - Mobile Homes and Mobile Home Parks
Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), mobile homes and mobile home parks shall comply with the requirements of this Section.
A. Purpose.
It is the intent of the City to provide opportunities for the placement of mobile homes in R zones and to insure that such mobile homes are designed and located so as to be harmonious within the context of the surrounding houses and neighborhood.
B. Definitions:
Mobile Home: A Mobile Home means a Manufactured Home as defined in the California Health and Safety Code Section 18008, which is a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight feet or more in width, or 40 feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. (Recreational Vehicles are not classified as Mobile Homes.) Tiny House: A Tiny House is considered as a Recreational Vehicle when it is designed and built on a single chassis to be towed and used as a dwelling unit, provided that it contains less than 320 sq. ft. of interior living room area including wardrobe, closets, cabinets, kitchen fixtures, and bath or toilet room (see Section D3-41 E.). If a Tiny House is designed and constructed on a permanent foundation with a minimum floor area of 150 sq. ft. including a kitchen sink, cooking appliance and refrigeration facilities, it is considered as an efficiency unit (see Section D4-39 Accessory Unit).
Mobile Home Park: A Mobile Home Park is a site planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes.
C. General Requirements
1. Mobile home parks are allowed by Division D2 (Allowable Land Uses and Zoning Standards) and shall comply with the requirements of this Section, except:
a. On substandard lots that do not meet the dimensional standards of Division D2.; or b. On lots with an average slope of more than 10 percent, or on any portion of a lot where the slope exceeds 15 percent.
2. A mobile home may be used for residential purposes if:
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Packet Pg. 230 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
31 a. Such a mobile home has been approved with an Architectural Review application as a primary structure in an R zone; or
b. Such a mobile home has been approved with an applicable building permit as an Accessory Dwelling Unit in an R zone; or
c. Such a mobile home has been approved with a Minor Use Permit by the Zoning Administrator as caretaker housing for their locations in an AG zone or , PS zone, or MW zone.
3. Mobile homes may be used for temporary uses, subject to the requirements of a Temporary Use Permit issued under Chapter D6-27 (Temporary Use Permits).
D. Design Criteria
The location and design of mobile homes for permanent installation shall comply with the following criteria in order to protect neighborhood integrity, provide for harmonious relationship between mobile homes and surrounding uses, and minimize problems that could occur as a result of locating mobile homes on residential lots.
1. Installation of mobile homes shall be consistent with the same restrictions on density and to the same property development standards and shall meet the following standards:
a. A mobile home must have been constructed on or after June 15, 1976, and must be certified under the National Manufactured Home Construction and Safety Act of 1974; b. A mobile home must be built on a permanent foundation approved by the Chief Building Official; c. The unit's skirting must extend to the finished grade; d. Exterior siding must be compatible with adjacent residential structures, and shiny or metallic finishes are prohibited;
e. The roof must have a pitch of not fewer than three inches vertical rise per 12 inches horizontal distance; and
f. The roof must be concrete or asphalt tile, shakes or shingles complying with the most recent edition of the Uniform Building Code fire rating.
2. For a mobile home park, or in a case where a mobile home is used as the primary structure on a single-family residential property, mobile homes shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards:
a. Each mobile/manufactured home (once assembled) must be at least 24 feet wide; b. The roof should have eaves or overhangs of not less than one foot, unless it would be incompatible with the existing architectural characteristics of the community; c. Required covered parking shall be compatible with the mobile home design and with other buildings in the area.
3. If a mobile home is used as an Accessory Dwelling Unit, as per Section D4-39 of this division, the location and the size shall be consistent with the applicable setback requirements for the subject property and shall be compatible in design and appearance with the primary residential structure on the subject property.
E. Surrender of State Vehicle Registration
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Packet Pg. 231 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
32 Whenever a mobile home is installed on a permanent foundation, any registration of said mobile home with the State of California shall be surrendered, pursuant to California Health and Safety Code Section 185519. Prior to issuance of any certificate of occupancy for the use of the mobile home, the owner shall provide the Chief Building Official with an evidence showing that the state registration of the mobile home has been or will be surrendered with certainty. If the mobile home is new and has never been registered with the state, the owner shall provide the Chief Building Inspector with a statement to that effect from the dealer selling the mobile home.
D4-37 - Recycling Facilities
Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), recycling facilitiesshall comply with the requirements of this Section.
A. Definitions.
Recyclable Material. Reusable material including, but not limited to metals, glass, plastic and paper which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form.
Recyclable Material may include electronic waste and universal waste provided that it is collected, handled, transported and recycled in accordance with California Universal Waste Regulations. Recyclable material does not include clothing and small goods covered under D4-37(A)(5) or refuse or hazardous materials, but may include used motor oil collected and transported in accordance with California Health and Safety Code Sections 25250.11 and 25143.2(b)(4).
Recycling Facility. A center for the collection and/or processing of recyclable materials.
A Certified Recycling Facility or Certified Processor. A recycling facility certified by the California Department of Resources Recycling and Recovery (CalRecycle) as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. a. Collection Facility. A center for the acceptance of donation, redemption, or purchase of recyclable materials from the public.
1. Small collection facilities occupy less than 500 square feet and may include:
- A mobile unit;
- Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet;
- Kiosk-type units that may include permanent structures; or - Unattended containers placed for the donation of recyclable materials.
2. Large collection facilities occupy more than 500 square feet and may include permanent structures as well as mobile units, bulk reverse vending machines, Kiosk-type units. b. Processing Facility. A building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.
1. A light-processing facility occupies less than 45,000 square feet and includes equipment for baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials, except ferrous metals other than food and beverage containers, and repairing of reusable materials.
2. A heavy-processing facility is any processing facility larger than a light-processing facility.
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Packet Pg. 232 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
33 Reverse Vending Machine. An automated mechanical device that accepts at least one or more types of empty containers including aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip. A reverse vending machine may sort and process containers mechanically, provided that the entire process is enclosed within the machine. a. A single-feed revenue vending machine is designed to accept individual containers one at a time. b. A bulk reverse vending machine is designed to accept more than one container at a time and to compute the refund or credit due on the basis of weight.
Mobile Recycling Unit. An automobile, truck, trailer, or van and appurtenant bins, boxes or containers used for the collection of recyclable materials.
Unattended Donation and Collection Boxes. Unattended donation and collections box or bin means any unattended container, receptacle, or similar device that is located on any lot within the City and that is used for soliciting and collecting donations of clothing or other small scale salvageable personal property. This term does not include recycle bins for the collection of “recyclable material” as defined by Section D4-37 A. (1) or any unattended donation or collection box located inside a building.
B. Permits required. No person shall place, construct, or operate any recycling facility without first obtaining a permit as follows:
TABLE 4-3 - RECYCLING FACILITIES PERMITS REQUIRED
Type of Facility Zones Permitted Permit Required
Single-Feed Reverse Vending
Machine(s) All MU, all C and MW Use Permit
Bulk Reverse Vending MC, CC, CS, and CT, and MW Use Permit Small Collection MC, CS, CT, MW, and PS Minor Use Permit Large Collection MC, CS, CT, MW, and PS Use Permit
Light Processing MW Use Permit
Heavy Processing MW Use Permit
Unattended Donation and Collection
Boxes All MU, all C, and PS, and MW Minor Use Permit
C. Permits for multiple sites.
1. A Use Permit or Minor Use Permit as indicated in Table 4-3 may be granted to allow more than one reverse vending machine or small collection facility located on different sites under the following conditions:
a. The operator of each of the proposed facilities is the same; b. The proposed facilities are determined by the Zoning Administrator to be similar in nature, size and intensity of activity; and
c. All the applicable criteria and standards set forth in this Chapter are met for each such proposed facility.
2. Unattended Donation and Collection Boxes shall require a Minor Use Permit for each commercial property or shopping center for which a box or boxes are located.
D. Design criteria and standards.
1. Reverse vending machines.
a. Each machine shall be located within 30 feet of the entrance to the primary commercial use on the site and shall not obstruct pedestrian or vehicular circulation, not within a landscaped area. b. No required parking space for the development shall be used for the reverse vending machine.
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Packet Pg. 233 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
34 c. Each machine shall occupy no more than 50 square feet of space, including any protective enclosure, and shall not exceed eight feet in height.
d. Each machine shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.
e. The maximum sign area is four square feet per machine, exclusive of operating instructions of Subsection D.1.d.
f. Adequate nighttime lighting shall be provided, if warranted.
2. Small collection facilities.
a. Small collection facilities shall be no larger than 500 square feet, shall be set back at least 10 feet from a front or side property line, and shall not obstruct pedestrian or vehicular circulation. b. No power-driven processing equipment shall be used except for reverse vending machines. c. All containers shall be constructed and maintained with durable waterproof and rustproof material, covered when the site is not attended, secured from unauthorized entry or removal of material, and of a capacity sufficient to accommodate materials collected. d. All recyclable material shall be stored in containers or in a mobile unit vehicle. e. Personnel attended facilities located within 100 feet of the boundary of an R zone shall operate only between 7 a.m. and 7 p.m.
f. Containers for the 24-hour donation of materials shall be at least 100 feet from the boundary of an R zone unless there is a recognized service corridor and acoustical shielding between the containers and residential use.
g. Containers shall be clearly marked to identify the type of material that may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers.
h. The maximum sign area shall be 16 square feet exclusive of informational requirements and operational instruction of Subsection D.2.g. above. Directional signs bearing no advertising message may be installed with the approval of the Zoning Administrator if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way. i. No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use. One space will be provided for the attendant, if needed.
j. Mobile recycling unitsshall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.
k. No required parking spaces shall be occupied by the facility.
3. Large collection facilities.
a. A large collection facility shall be located at least 250 feet from an R zone. b. Each facility shall be in an enclosed building or within an area enclosed by an opaque fence at least six feet in height with landscaping.
c. Six parking spaces shall be for customers and one parking space shall be provided for each commercial vehicle operated by the recycling facility.
d. Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light-processing activities necessary for efficient temporary storage and shipment of material may be allowed if noise and other conditions are met.
4. Processing facilities.
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Packet Pg. 234 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
35 a. Processors will operate in a wholly enclosed building except for incidental storage, or within an area enclosed on all sides by an opaque fence or wall not less than eight feet in height and landscaped on all street frontages located at least 250 feet from an R zone. b. Power-driven processing shall be permitted provided all noise-level requirements are met. Lightprocessing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials. c. If the facility is open to the public, space will be provided for a minimum of 10 customers or the peak load, whichever is higher, except where the Zoning Administrator determines that allowing overflow traffic is compatible with surrounding businesses and public safety. d. One parking space will be provided for each commercial vehicle operated by the processing center.
5. All collection and processing facilities.
a. No facility or storage area shall occupy a required front or corner side yard, and all regulations applicable to the principal structure on the site shall apply to collection and processing facilities except as provided in this section.
b. A large collector or processing facility may accept used motor oil for recycling from the generator in compliance with California Health and Safety Code Section 25250.11. c. All exterior storage of material shall be in sturdy containers or enclosures that are fully covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of non-flammable material. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing. d. Noise levels generated by the facility shall not exceed 60 dBA as measured at the property line of an R zone or otherwise shall not exceed 70 dBA.
e. All facilities shall be administered by on-site personnel during hours the facility is open. If a large collection or processing facility is located within 500 feet of an R zone, it shall not be in operation between 7 p.m. and 7 a.m.
f. Any containers provided for after-hours donation of recyclable materials shall be of sturdy, rustproof construction; shall have sufficient capacity to accommodate materials collected; and shall be secure from unauthorized entry or removal of materials. g. The site of the facility shall be kept free of litter and any other undesirable material. Containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers. h. Sign regulations shall be those provided for the zone in which the facility is located. In addition, each facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation.
i. No dust, fumes, smoke vibration or odor above ambient level may be detectable on neighboring properties.
6. Unattended Donation and Collection Boxes.
a. No more than two (2) unattended donation and collection boxes shall be located on each parcel of real property.
b. Unattended donation and collection boxes shall be no more than eighty-two (82) inches high, fifty-six (56) inches wide and forty-nine (49) inches deep. c. Unattended donation and collection boxes shall be located in a well-lit area that is visually unobtrusive and minimizes any negative aesthetic and view impact to the property and public right of way. Boxes should not be located in the front setback, unless no practical alternative is available and findings are included as part of the approval.
9.1.d
Packet Pg. 235 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
36 d. No unattended donation and collection box shall be placed in required parking spaces, required landscaping, ADA path of travel, stormwater detention area or the public right of way. e. Unattended donation and collection boxes shall be subordinate and accessory to the principal use of the property.
f. Unattended donation and collection boxes shall be maintained in good condition and appearance with no structural damage, holes, or visible rust, and shall be free of graffiti; g. Unattended donation and collection boxes shall be locked or otherwise secured; h. Unattended donation and collection boxes shall be marked clearly to identify the type of material to be deposited.
i. Unattended donation and collection boxes shall contain the following contact information in two (2") inch type visible from the front of each unattended donation box: the name, address, and phone number of both the permittee and operator;
j. The front of every unattended donation and collection box shall display conspicuously a statement in at least two-inch font that either reads, "This collection box is owned and operated by a for-profit organization." or "This collection box is owned and operated by a nonprofit organization." A commercial fundraiser shall be classified as a for-profit organization. k. Unattended donation and collection boxes shall be free of any advertising which is unrelated to the business of the operator of the unattended donation and collection box. l. Unattended donation and collection boxes shall be serviced and emptied as needed, but not less than once every seven (7) days.
m. The permittee shall maintain or cause to be maintained the area surrounding the unattended donation and collection box(es) free of any junk, debris or other material and shall be responsible to the extent provided by law for the cost to abate any violation. n. The Applicant for unattended donation and collection boxes shall provide and maintain a $2,000 dollar per site maintenance or removal deposit should it become necessary for the City or property owner to abate a maintenance violation. The Applicant will be refunded the balance of the deposit provided upon removal of the box(es).
o. Unattended donation and collection boxes shall remain only in the exact location for which they have been permitted and may not be relocated on the property without prior property owner and City approval.
D4-38 – Non-Retail Uses within Retail/Commercial Centers A. Non-retail uses. To ensure the ground floor of retail/commercial centers maintain an appropriate balance of non-retail and retail uses, non-retail uses exceeding 25% gross ground floor area shall be subject to review by a Minor Use Permit for retail/commercial centers with 50,000 or less gross ground floor square feet. A Use Permit is required for retail/commercial centers greater than 50,000 gross ground floor square feet. The following economic findings shall be considered as part of the Minor Use Permit or Use Permit review:
1. The proposed non-retail use would fill a space in a center with existing high (15-20 percent) overall vacancy rate.
2. The proposed non-retail use would generate a high volume (100+ trips per day) of potential customer traffic to the retail center when retailers are open.
3. The proposed non-retail use will generate sales taxes (such as artists’ studio, optometrist, or artisanal food or custom goods manufacturing).
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Packet Pg. 236 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
37 4. The property owner can demonstrate and document they have made a good faith effort to market the space to retailers at a reasonable retail rental rate but nonetheless has experienced long-term vacancy of six-months or greater.
5. The proposed non-retail use will retain an active storefront display and support the flow of pedestrian traffic from one shop to another in the center.
6. The property owner can document that denial of a Minor Use Permit or Use Permit would result in material financial hardship.
Alternatively, a non-profit cultural or arts organization use may be authorized by a Minor Use Permit or Use Permit if the proposed use will generate traffic to the center (Ord. No. 496, § 2, 01/28/2020)
D4-39 - Accessory Dwelling Units
A. Purpose. The purpose of this section is to:
1. Implement California Government Code Chapter 13 of Division 1 of Title 7, as amended from time to time, for the development of accessory dwelling units (including junior accessory dwelling units).
2. Increase overall supply and range of housing options for all economic segments of the community.
3. Streamline small-scale infill development and to minimize governmental constraints on residential development while ensuring such housing remains compatible with the existing neighborhood.
4. Support Housing Element goals of facilitating construction of accessory dwelling units and increasing the number of housing units that are more affordable to San Ramon residents.
5. Encourage development of accessory dwelling units in zoning districts with compatible land uses and infrastructure.
B. Definitions. Unless otherwise specified in this Title, the definitions found in California Government Code Section 66313 et seq. shall apply to the terms contained herein.
C. Applicability. The provisions of this Section apply to all parcels with at least one existing or proposed dwelling unit.
D. Review procedure. Prior to building permit issuance for an accessory dwelling unit and/or a junior accessory dwelling unit, a Zoning Clearance (Section D6-30) application for an accessory dwelling unit and/or junior accessory dwelling unit shall be processed and approved in compliance with California Government Code Sections 66317 and 66335 et seq. Accessory dwelling units shall be allowed by-right (ministerially permitted) in any zone which allows for residential uses. This includes mixed-use zoning districts which allow residential and non-residential land uses. (Ord. No. 522, § 6, 12/12/2023)
D4-40 - Service Stations and Car Washes
Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), service stations and car washes shall comply with the requirements of this Section.
A. Minimum separation. Minimum separation between site boundaries shall be 500 feet, except that one such use may be located at each corner of a street intersection.
B. Site layout. Conditions of approval of a Use Permit may require buffering, screening, planting areas, or hours of operation necessary to avoid adverse impacts on properties in the surrounding area.
C. Planting areas. Perimeter planting areas shall be as required for parking lots by Chapter D-33 (Landscape Design Standards) and Chapter D-34 (Parking and Loading), except where a building adjoins an interior property line. Required interior planting areas may adjoin perimeter planting areas.
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38 D. Storage of materials and equipment. The provisions of Section D4-35 (Outdoor Display, Storage, and Vending) shall apply, except that a display rack for automobile products no more than 4 feet wide may be maintained at each pump island of a service station. If display racks are not located on pump islands, they shall be placed within three feet of the principal building, and shall be limited to one per street frontage. The Storage of inoperative vehicles is prohibited. The location of display racks and vending machines shall be specified by the Use Permit.
E. Hours of Operation. The provisions of Subsection D3-8 H. [Hours of operation] shall apply.
F. Unattended Service Stations. Operation of an unattended service station shall be prohibited, except for the dispensing of Alternative Fuels (see Vehicle Fueling-Alternative Fuels) as approved by a Land Use Permit. Unattended Service Stations dispensing Alternative Fuels, when specifically approved as part of a Land Use Permit, shall consider the following factors/plans:
o Location on site, site circulation and relationship to adjacent properties and land uses, o Hours- Primary facility and accessory fueling,
o Noise control,
o Hazardous materials storage and containment,
o Hazardous Material Business Plan,
o Security Plan- including daytime and afterhours contacts, o Maintenance and Liter Control Plan,
o Other site specific conditions or programs, as applicable.
Exceptions:
a. Electric Vehicle (EV) Charging Stations (Accessory) in existing commercial, office, mixed use or multifamily developments.
b. Private and restricted access fueling stations (corporate yards and fleet vehicles) are not subject to the Unattended Service Station standards.
Chapter IV - Wireless Telecommunications Facilities
Contents:
D4-41 - Purpose
D4-42 - Process and Applicability
D4-43 - Development Standards
D4-44 - Permit Requirements
D4-45- Performance Standards and Maintenance
D4-46 - Administration
D4-47 through D4-54- Reserved
D4-41 - Purpose
The purpose of this Section is to establish standards for siting, design, modifications and maintenance of telecommunications facilities including, but not limited to, telecommunications antennas and related facilities, and other above-ground structures used for the purposes of transmitting data wirelessly. The standards contained in this Section are designed to promote the following:
A. Protect and promote public safety and community welfare; B. Protect the visual character of the City of San Ramon and minimize potential adverse impacts of wireless communications facilities development and installation;
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39 C. Protect the environmental resources of San Ramon; D. Ensure that a competitive, varied and high quality wireless communications service infrastructure is provided to serve San Ramon’s residents and the business community; E. Ensure that all telecommunications providers or carriers are treated equally, without unduly restricting or discriminating among service providers of functionally equivalent services; F. Streamline the permitting process, while ensuring compliance with Zoning and Building and Safety regulations;
G. Encourage the managed development of wireless communication service infrastructure to secure San Ramon’s role in the evolution of technology;
H. Retain local responsibility for management of the use of the public right-of-way; I. Ensure a telecommunications network that will serve an effective role in San Ramon’s emergency response system; and
J. Promote the economic vitality of the City of San Ramon.
D4-42 - Process and Applicability
A. Applicability. Except for the exemptions listed under Subsection D, this ordinance shall apply to all types of wireless telecommunications facilities and related structures within any zones, including the PD zone. It shall include any structures used to transfer data wirelessly including, but not limited to, utility data such as PG&E and AT&T cabinets, facilities built for transmittal of wireless digital television, personal communications systems (PCS), and other wireless facilities specifically addressed in this Chapter.
Above ground cabinets housing equipment for fiber optic cables or housing equipment for telecommunications underground equipment shall also be subject to the provisions of this ordinance.
B. Permitting authority. Subject to the provisions of Division D7 (Zoning Ordinance Administration), of the Zoning Ordinance, the Planning Commission and the Zoning Administrator are authorized to approve, approve with conditions, or deny applications for telecommunications facilities. The review process may be incorporated as part of a specific development project, provided that the process and applicable standards are in accordance with the provisions of this Chapter.
C. General requirements. All telecommunications antenna facilities and related equipment in the City of San Ramon shall conform to the following requirements:
1. Compliance with the General Plan and any other land use plan, policies and guidelines adopted by the City of San Ramon including, but not limited to, the requirements of the Zoning Ordinance and adopted Specific Plans;
2. Compliance with CEQA requirements;
3. Compliance with the requirements of any other governmental agency with jurisdiction over the installation of a telecommunications facilities;
4. Compliance with Federal Aviation Administration (FAA) regulations and permit requirements;
5. Compliance with any applicable easements, restrictions or land use approvals restricting development on any given parcel;
6. The telecommunications facility shall be an accessory use, secondary to the primary use on a parcel, unless the parcel is zoned for Open Space or the parcel is vacant subject to future development to include a primary use;
7. Compliance with radio frequency emission standards adopted by the Federal Communications Commission (FCC), which shall include any combined radio frequency levels produced by antennas
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40 located on the same parcel in addition to all antennas within 100 feet distance of the proposed facility; and
8. Compliance with the Uniform Building Code and subject to the building permitting process.
D. Exemptions. The following telecommunications facilities are exempt from the discretionary review described in this Section if located outside the public right-of-way. The Zoning Administrator may require that application materials be submitted to the Planning Division and/or the City Attorney to verify compliance with the requirements of this section. All exempt facilities are subject to review by the Building & Safety Division and may require approval of a building permit.
1. The facility is preempted from local regulations, by state or federal law. The owner of the antenna shall provide the Planning Division and/or the City Attorney a copy of applicable regulations, and if applicable, a current FCC or California Public Utility Commission (CPUC) permit prior to installation of the exempt antenna. The City Attorney shall determine if a facility is exempt from local regulations.
2. A single building-mounted receive-only radio or television antenna (excluding parabolic or satellite antennas), not exceeding 15 feet above the roof, including mast, used solely by the tenant of a residential or commercial property on which the structure is located.
3. A single ground or building-mounted Direct Broadcast Satellite (DBS) antenna, Multipoint Distribution Services (MDS) antennas, Television Broadcast Service (TVBS) antennas or substantially similar antennas, which are less than one meter (39 inches) in diameter are subject to the following standards:
a. The dish/antenna is for the sole use of the occupant of a residential or commercial property on which it is located;
b. It does not exceed the height of the roof ridge of the main structure on which it is located; c. It is located outside of a required front yard setback.
4. Mobile temporary telecommunications facilities operating at various locations to provide public information or coverage of news events. Mobile facilities providing public information of news events may be setup on public property for 72 hours or less subject to City approval.
5. Temporary telecommunications facilities, including mobile facilities, for a period not to exceed 60 days, when deployed during a community-wide emergency or natural disaster as follows:
a. The Zoning Administrator shall determine whether an event qualifies as a community-wide emergency or natural disaster;
b. The Zoning Administrator may grant an extension to the maximum 60-day time period on a caseby-case basis.
6. Handheld and mobile personal wireless devices such as cell phones, personal digital assistants, cordless phones, and similar devices as determined by the Zoning Administrator.
7. The facility is located entirely inside a building and serves only that building, including but not limited to wireless and fiber-optic networks.
8. Satellite Earth Station (SES) antennas which are 2 meters (78 inches) or less in diameter if located in a commercial or industrial zone and meeting setback requirements of accessory structures. If mounted on a roof, these facilities shall be of a non-contrasting color preferably closely matching the color of the roof.
9. A temporary testing facility to establish the necessary height of a permanent telecommunications tower for a maximum of 48 hours per year per site upon notification of the Planning Division.
10. Amateur radio antenna and supporting structures which meet the following standards:
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Packet Pg. 240 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
41 a. Maximum height of 35 feet when fully extended. The use of retractable antennas is encouraged.
To the extent feasible, antennas shall remain retracted when not in use, unless used for emergency related operations.
b. There shall be only one amateur radio tower on a single parcel. c. There shall be no portions of the amateur tower or antennas, when fully extended, overhanging into the required setbacks for main structures within the applicable zone. d. The maximum total width of the entire structure, including top mounted antennas shall not exceed 30 ft. when fully extended.
e. The operator shall be licensed by the FCC as an amateur radio operator or shall be permitted to operate as an amateur radio station in the United States by treaty or statute.
E. Small wireless facilities. Notwithstanding any other provision of this Chapter, all “small wireless facilities” as defined by the FCC in 47 C.F.R. § 1.6002(l), as may be amended or superseded, shall be exempt from the provisions in this Chapter and subject to permits and other requirements as specified in the Small Cell Wireless Facilities Policy, which shall be adopted and may be amended or repealed by City Council resolution. If the Small Cell Wireless Facilities Policy is repealed and not replaced, an application for a small wireless facility shall be processed pursuant to this Chapter. (Ord. No. 496, § 2, 01/28/2020)
D4-43 - Development Standards
Unless otherwise specifically described in this Section, the following development standards shall apply to all telecommunications facilities:
A. Location standards. Telecommunications structures are permitted in all zones, provided that the standards listed under Sections B., C., and D. below are met:
B. Prohibited sites. Telecommunications structures are prohibited in the following locations:
1. Any areas specifically prohibited by the General Plan, any applicable specific plan, or other sitespecific discretionary planning approvals.
2. Properties listed, or eligible for listing, on the National Register of Historic Places, or properties otherwise deemed of local historic significance by the Zoning Administrator, provided that the visual impact of the proposed facility cannot be mitigated.
3. A site of archeological significance, including but not limited to Native-American religious sites, if such facilities will cause a disturbance to the site.
4. An environmentally sensitive site providing habitat to a special status animal or plant species, or containing wetlands, vernal pools, 100-year floodplains, etc., if such facilities will cause a disturbance to the site.
5. Within a 100 ft. vertical distance of any major ridgeline and a 50 ft. vertical distance from any minor ridgeline within the City and its sphere of influence, and provided that the telecommunications tower does not extend above the ridgeline seen as a backdrop to the facility, as seen from vantage points specified by the Zoning Administrator.
C. Preferred sites. The following is a list of preferred sites for locating telecommunications structures:
1. Any new facility co-located on an existing approved telecommunications structure or on a building roof or facade already containing approved antennas, often broadcasting at different frequencies and operated by different providers.
2. Any new facility located on an existing tall building or structure provided it is positioned strategically and not visible from the public right-of-way and designed to fully mitigate its visual impacts.
3. Located in properties zoned for Commercial, Office, Industrial, Medical, Public and Semi-Public uses.
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42 4. Located on existing structures including, but not limited to, PG&E towers, light poles, water tanks, bell towers, existing flagpoles, etc.
5. Located on a City-owned property used or designated for public/semi-public use as deemed appropriate by the Zoning Administrator.
D. PG&E transmission line corridor. Telecommunications facilitates proposed within the PG&E transmission line easement shall comply with the following minimum standards:
1. The proposal shall include design mitigation strategies to avoid an “antenna farm” effect and reduce visual impacts to the adjoining neighborhoods. These strategies may include, but are not limited to, strategically positioning of the antennas, placement of smaller antennas, limiting the number of antennas per PG&E tower, stealth antenna design, decorative landscaping, etc. In addition, the City may require participation in any existing master landscaping plan for the PG&E corridor.
2. The proposal shall specify any new lighting, parking and/or noise associated with the project and applicable mitigation measures submitted for the Zoning Administrator review.
3. All equipment shelters shall be screened from view. Screening methods may include a combination of decorative landscaping and fencing.
4. The Zoning Administrator may require additional site improvements on the property or nearby to further mitigate for the visual effects of the antennas. These mitigation measures may include, but are not limited to landscaping improvements along the boundaries of PG&E property and residential properties, decorative fencing, public art, etc.
D4-44 - Permit Requirements
All wireless telecommunications facilities not specifically exempted from these regulations in accordance to this Ordinance are subject to one of the following permitting requirements:
A. Minor Use Permit. Telecommunications facilities meeting all the applicable standards of this Subsection require Minor Use Permit approval.
A notice of application will be sent to all property owners within a minimum 300 foot radius of the proposed site. Additional notification may be authorized by the Zoning Administrator consistent with Chapter D6-28 (Use Permits and Minor Use Permits). If neighborhood interest is identified by submittal of a written request for a public hearing, the zoning administrator shall require a Zoning Administrator hearing.
1. The proposal meets the applicable "preferred sites" criteria in Section D4-43.C;
2. The proposal presents no visual impact, is completely hidden from right-of-way view, is built below parapet line, or is fully screened and/or mitigated with a stealth design;
3. The proposal meets the setback and height limit requirements of the applicable zone;
4. The proposal meets all applicable design and development standards of this section; and
5. Proposals for utility cabinets (i.e. PG&E, phone company) containing a wireless component for data transmittal if cabinets are placed underground or shielded from view as deemed appropriate by the Zoning Administrator.
The Zoning Administrator may refer an application that meets these administrative review requirements, to the Architectural Review Board or to the Planning Commission if it is determined that the project may involve a significant design impact or policy issue.
B. Design Review. Applications for telecommunications facilities meeting all of the applicable standards of this Subsection are subject to design review and will be forwarded to the Architectural Review Board.
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43 A notice of application will be sent to all property owners within a minimum 300 foot radius of the property. Additional notification may be authorized by the Zoning Administrator consistent with Subsection A. If neighborhood interest is identified, the Zoning Administrator may require a Zoning Administrator hearing.
Standards:
1. Telecommunications structures or building-mounted antennas extending above the maximum allowed height of a zone by no more than 10 ft.
2. The proposed facility is architecturally integrated or stealth fully designed as seen from sensitive areas such as residential areas, public right-of-way, scenic vistas and recreational areas;
3. The proposal includes artificial lighting;
4. The proposal meets all applicable design and development standards of this section;
5. Utility cabinets containing a wireless component (i.e. PG&E) proposed within a City right-of-way;
6. Satellite dishes over one meter in diameter or exceeding the maximum allowed height in residential zones;
7. Satellite dishes over two meters in diameter in commercial, industrial and office zones; and
8. Amateur radio antennas exceeding 35 feet, but less than 50 feet in height.
The Zoning Administrator may refer an application that meets the above design review requirements to the Commission if it is determined that the project may involve a significant design impact, policy issue, or deemed to be highly controversial.
C. Use Permit. A Use Permit application shall be required for all telecommunications facilities meeting any applicable standards of this Subsection. The Commission shall be the decision-maker for the Land Use Permit application.
The Zoning Administrator shall be responsible for determining whether a project subject to a Use Permit shall also be reviewed by the Architectural Review Board for design recommendations.
Standards:
1. Telecommunications facilities projecting over 10 ft. above the maximum zone height;
2. New telecommunications structures, not meeting the co-location standards and without proper justification as established in Subsection D.1;
3. Telecommunication facilities visible from the right-of-way which would require design mitigation;
4. Telecommunications facilities located within residentially zoned properties;
5. Amateur radio antennas exceeding 50 ft. in height;
D. Modification to approved project. The following modification criteria streamline the process by establishing an appropriate level of review for changes to plans, operating standards, and design of previously approved telecommunications facilities.
The Zoning Administrator is responsible for making any interpretations required to determine which level of modification is applicable, whether a modification application meets the intent of this Section or if a new application is required.
1. Minor modification. Any proposed modifications deemed to be in substantial compliance with the original project may be approved administratively if it meets the following applicable criteria:
a. Changes are consistent with the requirements of this Chapter; Ordinance; b. The changes are part of standard maintenance, which could include equipment replacement of substantially equal appearance provided it uses identical technologies. The applicant would be
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44 responsible for providing a written statement by the appropriate professional demonstrating compliance with this requirement;
c. Changes result in an insignificant revision to the floor plan, physical details or site layout not affecting compliance with the original project approval and the provisions of this Ordinance; d. The changes are not noticeable or insubstantial such as:
1. Minor color changes,
2. Minor landscaping changes,
3. Minor material specification or architectural detail changes, if of equal or greater quality. e. Changes comply with FCC requirements. The applicant would be responsible for demonstrating compliance with this requirement;
f. Proposal does not reflect changes to a condition of project approval; g. Changes do not involve issues of public policy and are not likely to generate neighborhood interest or concern;
h. If there is an increase in the number of antennas proposed, not to exceed 25 percent the original approval, provided the increase does not create a negative visual impact, and an updated RF Emissions Evaluation Report is submitted specifically addressing the proposed increase; i. Proposal does not involve increase of more than 10 percent in antenna height; j. Proposal does not reflect changes to an item specifically approved or discussed during the original project hearing as reflected on meeting minutes or tapes; and k. Changes meet the intent of original project approval and do not involve significantly different design concepts. Any architectural or design changes shall maintain or upgrade the quality of the original approval;
The Zoning Administrator shall be responsible for determining which of the submittal materials are necessary for modification evaluation, other than those documents described in this Subsection, in addition to plans demonstrating the proposed change.
2. Major modification (ARB, ZA or PC). If an application does not meet the criteria to be considered a minor modification as specified in this Section, then the proposal requires a new application.
3. Modification findings. An approval of a modification to a facility shall adopt findings of fact to include all findings listed in Section F. in addition to the following:
a. The proposed change is consistent with the original telecommunications facility and does not require the complete redesign and submittal of a new project; and b. That the proposed change does not result in lack of compliance with the development standards approved with the original telecommunications facility project.
E. Variance. The applicant of a telecommunications facility proposal not meeting the standards established in this Ordinance is entitled to request a Variance in compliance with Section D6-29 (Variances). The variance process is subject to the Zoning Administrator or Commission review and may be approved, denied, or approved with conditions.
F. Findings for approval or denial. The decision maker, as determined by this ordinance, when approving or denying an application for a telecommunications facility, shall adopt findings of fact.
1. Findings for approval shall include, but not be limited to:
a. That the proposed telecommunications facility complies with the intent of this Chapter and shall not result in conditions that would be detrimental to the public health, safety or welfare of the community;
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45 b. That the facility was designed to protect the visual character of the City of San Ramon, and any adverse visual impacts of development have been mitigated to a level of less than significant; c. That the proposal complies with the General Plan and any other land use plan, policies and guidelines adopted by the City including, but not limited to, the Zoning Ordinance and adopted Specific Plans;
d. That the proposed height of the facility is needed for adequate electromagnetic reception and that a reduced height is not feasible;
e. That the site is suitable for the type and intensity of development proposed, and that the location, size, design and operating characteristics of the proposed facility are compatible with adjacent uses and natural resources; and
f. That the proposal complies with the requirements of any other governmental agency with jurisdiction over the installation of a telecommunications facility including, but not limited to, the Federal Communications Commission (FCC) regulations and permit requirements.
2. The decision-maker may deny an application for a telecommunications facility if it is not consistent with the provisions of this Chapter. If the project is denied, findings for denial shall be adopted.
D4-45- Performance Standards and Maintenance
A. Noise. All telecommunications facilities shall be constructed and operated in such a manner as to minimize the amount of noise impacts to sensitive areas such as residences, schools, churches or hospitals. The use of back-up generators shall be limited to during power outages and for the purposes of maintenance and testing.
The Zoning Administrator may request a noise analysis to evaluate whether noise attenuation measures are needed when a facility is located within 100 feet of a residence, school, church or hospital, and generates noise levels, measured at the property lines, exceeding those established in Section D3-8 (Performance Standards) as follows:
1. Maximum 60 dBA during daytime;
2. Maximum 55 dBA between the hours of 10:00 p.m. and 7:00 a.m. as measured at the closest property line of a residential property; and
3. Sound levels shall be measured in decibels (dBA). Noise descriptors used for analysis shall be in DNL (Day-Night Average Level) or CNEL (Community Noise Equivalent Level) consistent with the Noise Element of the 2020 General Plan.
B. Interference. All telecommunications facilities, including HAM radio antennas, shall be operated in compliance with Federal Communications Commission (FCC) regulations for signal interference, including, but not limited to, interference with other telecommunications facilities and household electronics (radios, phones, TV’s, etc.;).
When interference occurs, the Zoning Administrator may require that the carrier responsible for the cell site in question submit an analysis/statement prepared by a licensed Electrical Engineer containing scientific evidence whether the claimed interference is caused by the cell site. If interference is proven to occur, the antenna owner/operator or service carrier shall be responsible for mitigating the effects of the interference. If a reasonable good-faith effort is not made by the antenna owner/operator toward resolving or mitigating the interference problems, revocation proceedings may be initiated.
C. Maintenance & Safety. All telecommunication facilities shall be reviewed and comments provided by the San Ramon Valley Fire Protection District, San Ramon Police Department, and must comply with the Uniform Building Code (UBC) and any conditions imposed by the Building Official, Fire Chief, Police Chief and the Zoning Administrator.
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46 Telecommunications towers and antennas shall be designed to remain in operation during a disaster.
All possible measures to protect against fire, flood, earthquake, etc., shall be made.
Wireless communication facilities may be required to provide warning signs, fencing, anti-climbing devices, or other techniques to control unauthorized access and vandalism and shall be maintained graffiti free and in good condition. The design of any fencing and anti-climbing devices shall be subject to the Zoning Administrator review and approval, who may at his/her discretion require a maintenance agreement to address these issues.
D. RF Emission Monitoring. Telecommunication facilities, whether operating alone or in conjunction with other facilities shall not generate radio frequency emissions in excess of the standards established by the Federal Communications Commission (FCC) and in compliance with the standards in this Chapter.
An annual RF exposure report may be required as a condition of approval for all wireless telecommunications projects. The report shall be prepared by a certified NIER Professional and submitted to the Zoning Administrator to ensure that no modifications to the site, surrounding environment, or equipment wear and tear have caused an increase in RF exposure over the years. In the event an increase over accepted levels is detected, the applicant shall be responsible for immediately making all necessary adjustments to comply with FCC standards; otherwise revocation proceedings shall immediately begin.
An updated RF emission report may be required as part of an administrative ten-year life of approval renewal and for every subsequent ten years required under Section D4-46.C.
E. Confirmation of Height. The Zoning Administrator may require, as a condition of project approval, that a licensed surveyor verify the telecommunications facility height within 60 days of the telecommunications tower, antenna or facility installation. If the height confirmation procedure is requested, the applicant shall be responsible for coordinating the procedure and submit the licensed surveyor’s statement of actual height.
F. Performance and Maintenance Agreement. The City may require, as a condition of project approval, that the applicant for a telecommunications facility enter into a Performance and/or Maintenance Agreement with the City of San Ramon prior to initiating construction.
The terms of the agreement may include items to ensure compliance with the provisions of this section, as well as a requirement that the applicant post a financial security to ensure that the approved facility is properly installed, maintained and to guarantee that the facility is dismantled and removed in accordance to the provisions of this section.
The financial security may be a bond or letter of credit acceptable to the City of San Ramon. The amount of the bond shall be based on a cost estimate equal to 125% of building permit evaluation based on the amount needed to return the facility and surrounding area to its original condition.
G. Abandoned Sites. A telecommunication facility shall be removed and the site restored to its prior condition if the business vacates or no longer operates the facility.
D4-46 - Administration
A. Notification. A minimum 10-day notice of public hearing shall be sent to all property owners within a 300-foot radius of the parcel where the proposed facility is to be located. The Zoning Administrator may also require noticing of projects subject to the administrative review process and/or extend the minimum 300-foot radius to include geographic areas immediately outside the 300-foot radius and potentially affected by the project.
B. Appeal. A decision of the Zoning Administrator may be appealed in compliance with Chapter D7-II (Appeals and Calls for Review).
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47 C. Duration of approval. Unless otherwise established in the project’s conditions of approval, all approvals for telecommunications structures shall be valid unless revoked, abandoned or expired as described below City may require an administrative review to verify compliance with original project approval and all applicable provisions of this section to address any operational concerns associated with an approved telecommunication site. Based on the nature of the review an updated RF Emissions Report may be required. The RF Emissions Report shall be prepared by a NIER Professional and submitted to verify compliance with current State and Federal standards.
D. Lapse of approval. The approval of any telecommunications administrative review, Land Use Permit, Design Review or Modification application authorizing installation or changes to a telecommunications structure and related facilities shall become null and void if any of the following occurs:
1. The project is not implemented/constructed within one-year of its approval, or
2. The project is implemented/constructed, and its approval has expired, or an extension not granted beyond the original life of project approval. If the facility is co-located with other carriers approved at different dates, a separate expiration date will be applicable to each carrier/applicant according to their original approval dates.
E. Expiration or abandonment of permits. Any discretionary planning approvals shall become null and void if lease or rental agreements pertaining to the property on which the telecommunications structure or related facility is located expires or is terminated, and if the facility is abandoned or use is discontinued for more than six months. After this period, a new permit consistent with the provisions of this ordinance would be required to re-instate the project.
F. Permit revocation. In the event of any breach of this Chapter, conditions of approval, or other required agreements of the permit, the City shall notify the applicant and schedule a revocation hearing in accordance with Division D6 (Planning Permit Procedures).
G. Removal of facilities and change of ownership. The applicant shall be responsible for notifying the Zoning Administrator in writing upon temporary or permanent cessation of operation, or change of ownership of any telecommunications facility. The applicant and/or property owner shall be responsible for removal of all obsolete or unused facilities, or portions thereof, within six months of termination of lease, cessation of operation, permit expiration or revocation. The site shall be restored to its original condition to the satisfaction of the Zoning Administrator.
H. Pre-existing & non-conforming uses or structures. All telecommunications towers and antennas legally approved prior to the date this Chapter was adopted shall be allowed to continue as they presently exist and will be considered legal non-conforming uses and structures, provided that all proper building permits were approved. Some facilities may be considered legal conforming uses and structures depending on the original project approval. However, new construction, other than routine maintenance (as determined by the Director) on the existing facilities, shall comply with the requirements of this Chapter.
All previous discretionary planning approvals shall only remain in effect until its permit expires, is abandoned or revoked in accordance to the provision of this Chapter.
I. Changes in Federal or State regulations. All telecommunications facilities shall meet current standards and regulations of the Federal Communications Commission (FCC), California Public Utilities Commission (CPUC), and any other agencies with authority to regulate wireless telecommunications service providers. If existing standards or regulations are changed, the applicant shall bring its facilities into compliance with the new standards within 90 days of the effective date of such standards, unless the Federal or State agency mandates a more restrictive compliance schedule. Changes to approved projects are subject to the Modification process in accordance with this Chapter.
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48 Failure to comply with adopted new State or Federal requirements shall trigger the revocation procedure in accordance to Subsection F.
J. Map and list of locations. The City will maintain a map of telecommunications facilities within the city and shall make the information readily available to the public. The facilities mapped shall include those which were subject to the discretionary review process of this Chapter and were ultimately approved and constructed.
Facilities approved and installed prior to the adoption of this Ordinance will be included in the map to the best of staff’s knowledge. It is the responsibility of the telecommunications providers to inform the City of their pre-existing facilities and any changes in the carrier’s status including name, ownership, and whether the wireless business/facility has been discontinued.
K. Indemnity and liability. The telecommunications service provider shall defend, indemnify and hold harmless the City or any of its boards, commissions, agents, officers, and employees from any claim, action, or proceedings against the City, its boards, commissions, agents, officers, and employees to attack, set aside, void, or annul the approval of a project. The City shall notify the telecommunications service provider of any such claim, action or proceeding. The City shall have the option of participating in the defense, if the City bears its own attorney fees and costs, and the City defends the action in good faith.
Telecommunications service providers shall be strictly liable for any and all sudden and accidental pollution and gradual pollution from usage of their service/facilities within the City. This liability shall include cleanup, injury or damage to persons or property. Additionally, telecommunications service providers shall be responsible for any sanctions, fines, or other monetary costs imposed as a result of release of pollutants from their operations.
Telecommunications service providers shall be strictly liable for any and all damages resulting from electromagnetic waves or radio frequency emissions in excess of the Federal Communications Commission (FCC) standards.
L. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications of the ordinance. To this end, the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof.
D4-47 through D4-54- Reserved
Chapter V – Homeless Shelters
Contents:
D4-55 – Purpose
D4-56 – Permit Requirements
D4-57 – Homeless Shelter Standards
D4-58 – Post Approval Procedures
D4-59 through D4-65 – Reserved
D4-55 – Purpose
The intent of these regulations is to establish a non-discretionary process for homeless shelters that will be permitted within a zone district to meet the requirements of Senate Bill 2 enacted on October 13, 2007.
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Packet Pg. 248 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
49 D4-56 – Permit Requirements
A. Permit required. Prior to operating a homeless shelter, a non-discretionary homeless shelter permit shall be obtained and all other applicable local, State and federal laws, regulations and codes shall be met. The approvalshall be specific to a location and shall not be transferable to any other location. The application shall be on a form prescribed for that purpose, and shall include the written consent of the property owner on which the shelter is to be located.
B. Permit Review and Approval. Once an application has been accepted as complete, the Zoning Administrator shall take action within thirty (30) days. The application shall meet all standards as identified in D4-57 (Homeless Shelter Standards), below.
C. Contents of application. An application for a non-discretionary homeless shelter shall contain the information as outlined by the Zoning Administrator with the General Submittal Requirement List.
D4-57 – Homeless Shelter Standards
All homeless shelters shall comply with all applicable State standards and requirements for homeless shelters. In addition, all homeless shelters shall comply with the following standards:
A. Shelter Occupancy.
1. No more than 6 clients may be sheltered on the premises at any one time.
2. The maximum length of stay shall be no longer than that established by the California Health and Safety Code for homeless shelters.
B. Parking. Adequate parking shall be provided for employees and clients of the homeless shelter in accordance with the following standards:
1. One off-street parking space shall be provided per employee (by shift).
2. One parking space for every three beds.
3. One bicycle parking stall for every three beds.
C. Site Design. The site shall be designed in accordance with the following standards:
1. The shelter shall conform to all property development standards of the subject zone.
2. New construction or exterior alterations shall be reviewed under the provisions of Division D6-22 (Architectural Review).
3. The shelter shall provide at least 10 square feet per bed of public or communal gathering space, not including hallways.
4. The entrance of the shelter shall be designed to discourage clients from loitering or congregating in front of the building.
D. On-site Management. On-site management shall be present during shelter operating hours.
E. Overconcentration. A shelter shall be a minimum of 300 feet from any other legally established shelter.
The 300 foot minimum distance shall be measured from the subject site property lines to the property lines of any other legally established homeless shelter.
F. Noise. The applicant shall address noise impacts on neighboring properties consistent with the noise standards of the City.
G. Security and Lighting Plan.
1. Prior to operation of the shelter, a security and lighting plan must be submitted to the Zoning Administrator for review and approval. The security plan shall include, but is not limited to: hours of operation and intake period; must provide at least one employee/volunteer of same sex as clients; alcohol, weapons, or illegal substances shall not be allowed; and the operator must notify the Police Department of any crimes that are a threat to the safety of others or to themselves.
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Packet Pg. 249 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
50 2. The shelter shall provide outdoor lighting sufficient to provide illumination and clear visibility to all outdoor areas, with minimal shadows or light leaving the property. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of intensity compatible with the neighborhood.
3. If shelter client is disruptive or is responsible for creating any type of nuisance to the neighborhood or facility, the operator must discharge the client.
D4-58 – Post Approval Procedures
A. Appeals. Decisions of the Zoning Administrator may be appealed to the Planning Commission in accord with Division D7, Chapter II (Appeals and Calls for Review).
B. Revocations/Modifications. A homeless shelter permit may be subject to revocation or modification pursuant to Division D7 (Zoning Ordinance Administration).
D4-59 through D4-65 – Reserved
Chapter VI – Reasonable Accommodation For The Disabled
Contents:
D4-66 – Purpose
D4-67 – Process and Applicability
D4-68 through D4-71 – Reserved
D4-66 – Purpose
The purpose of this Section 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 (hereafter “fair housing laws”) in the application of zoning laws and other land use regulations, policies, and procedures.
D4-67 – Process and Applicability
A. Applicability. To make specific housing available to an individual with a disability, any person may request reasonable accommodation under this chapter when the application of a zoning or other land use regulation, policy or practice under this title acts as a barrier to fair housing opportunities. A request for reasonable accommodation shall be made by filing an application as described in Subsection C.
A reasonable accommodation request 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 regulatory barriers and provide an individual with a disability equal opportunity for housing of their choice.
B. Permitting authority. Subject to the provisions of Division D6 (Planning Permit Procedures), of the Zoning Ordinance, the Zoning Administrator is authorized to approve, approve with conditions, or deny applications for reasonable accommodations. An application for reasonable accommodation submitted for concurrent review with another entitlement under this title shall be reviewed by the authority reviewing the other entitlement.
C. Application requirement. An application for reasonable accommodation shall be submitted to the Planning Services Division. The application shall be accompanied by the information identified in the Department handout for reasonable accommodation applications. It is the responsibility of the
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Packet Pg. 250 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
51 applicant to provide evidence in support of the findings required by Subsection E (Required findings), below.
D. Review procedure. The Zoning Administrator, or his designee, shall, within 20 days of acceptance of the application as complete, approve, approve with conditions, or deny an application for reasonable accommodate in accordance with Subsection E (Required Findings),below. If the application for reasonable accommodation is submitted for concurrent review with another entitlement under this title, the decision shall be made by the authority taking action on the other entitlement under this title in accordance with Subsection E (Required Findings), below.
E. Required findings. The Zoning Administrator may approve a reasonable accommodation application, with or without conditions, only after first finding that:
1. The housing will be used by a disabled individual(s) under fair housing law;
2. The request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under fair housing law;
3. The requested reasonable accommodation will not impose an undue financial or administrative burden on the City;
4. The requested reasonable accommodation would not require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning;
5. No detrimental impact would result aesthetically;
6. No detrimental impacts to surrounding uses, properties, and/or structures; and
7. No practical alternative exists which may provide an equivalent level of benefit.
F. 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 in Subsection E, above.
G. Post decision procedures. The procedures and requirements relating to changes to approved plans, effective dates, lapse of approval and extensions, and transferability located in Division D6, Chapter III (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation/ modification located in Division D7 (Zoning Ordinance Administration), shall apply following the decision on an application for reasonable accommodation.
D4-68 through D4-71 – Reserved
Chapter VII – Raising of Chickens
Contents:
D4-72 – Purpose
D4-73 – Applicability and Standards
D4-74 through D4-75 – Reserved
D4-72 – Purpose
This Chapter provides standards for the raising of chickens (hens only, roosters are prohibited) for personal and non-commercial purposes within applicable residential properties. Standards for the raising of chickens for commercial purposes are not included in this Chapter and are defined as “Animal Husbandry”.
D4-73 – Applicability and Standards
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Packet Pg. 251 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
52 A. Permitted Areas. The raising of chickens is permitted within residential properties with a lot size of 6,000 square feet or greater and have direct access to a private yard.
B. Number of Hens. Up to five (5) hens may be allowed.
C. Chicken Coop. A chicken coop or a structure for housing chickens shall meet the following standards:
1. A chicken coop shall be located in the backyard and shall meet the minimum required setback of the primary residence. See Figure 4-1 for an example chicken coop area.
2. The maximum height of a chicken coop shall be no taller than six (6) feet.
3. A chicken coop shall be:
a. Thoroughly ventilated and fully enclosed with a solid roof; and b. Designed and constructed in a manner that the flock can be securely contained; and
4. If a chicken coop or a structure for housing chickens is over four (4) feet in height, whether it is an individual structure or an integral part of other structures, the floor area of such a structure for housing chickens is subject to Zoning Ordinance section D4-26.E.1 (Maximum total floor area of accessory structures).
Figure 4-1 – Example Chicken Coop Area
D4-74 through D4-75 – Reserved
Chapter VIII – Density Bonus
Contents:
D4-76 – Purpose
D4-77 – Definitions
D4-78 – Process and Applicability
D4-79 – Application Requirements
D4-80 – Density Bonus Housing Agreement
D4-81 through D4-84 – Reserved
D4-76 – Purpose
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Packet Pg. 252 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
53 The purpose of this Chapter is to implement the requirements of Government Code 65915 et seq. (“State Density Bonus Law”) by offering density bonuses, incentives, concessions or waivers for the development of housing that is affordable to the types of households and qualifying residents identified in Government Code Section 65915.
(Ord. No. 522, § 6, 12/12/2023)
D4-77 – Definitions
Unless otherwise specified in this Chapter, the definitions found in State Density Bonus Law shall apply to the terms contained herein.
D4-78 – Process and Applicability
A. General. All proposed housing developments that qualify under California Government Code § 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code § 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code § 65915, as it may be amended from time to time.In accordance with State law, neither the granting of an incentive, concession, and/or waiver, nor the granting of a density bonus shall be interpreted, in and of itself, to require a general plan amendment, zoning amendment, variance, or other discretionary approval.
B. Compliance. The applicant shall comply with all requirements stated in California Government Code §§ 65915 through 65918. The requirements of California Government Code §§ 65915 through 65918, and any amendments thereto, shall prevail over any conflicting provision of this Code.
C. Excluded development. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under California Government Code §65915.
D. Interpretation. The provisions of this subdivision shall be interpreted to implement and be consistent with the requirements of California Government Code § 65915. Any changes to California Government Code § 65915 shall be deemed to supersede and govern over any conflicting provisions contained herein. If any portion of this Article conflicts with State Density Bonus Law or other applicable State law, State law shall supersede this Section. Any ambiguities in this Section shall be interpreted to be consistent with State Density Bonus Law.
E. Replacement Housing Requirement. Pursuant to subdivision (c)(3) of California Government Code § 65915, an applicant will be ineligible for a density bonus or other incentives unless the applicant complies with the replacement housing requirements therein.
F. Permitting Authority. Subject to the provisions of Division D7 (Zoning Ordinance Administration), of the Zoning Ordinance, application for a density bonus, incentive(s), concession(s), and/or waiver(s) shall be considered by and acted upon by the decision-making body with authority to approve the housing development.
(Ord. No. 522, § 6, 12/12/2023)
D4-79 – Application Requirements
A. Written Application. Applicants requesting a density bonus, incentive(s), concession(s) and/or waiver(s) shall provide the City with a written density bonus proposal. The proposal shall be processed in conjunction with the underlying application(s) and reviewed for compliance with State Density Bonus Law.
B. Submittal Requirements. The proposal for a density bonus, incentive(s), concession(s) and/or waiver(s) pursuant to State Density Bonus Law shall include the following information:
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Packet Pg. 253 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
54 1. Requested density bonus. A description of the requested density bonus including calculations showing the maximum base density, the number/percentage of market rate and affordable units and identification of the income level at which such units will be restricted pursuant to State Density Bonus Law, proposed unit sizes and number of bedrooms, and the proposed method of ensuring the continued availability of density bonus units.
2. Requested incentive(s) or concession(s). A description of the requested incentive(s) or concession(s) including the number of incentive(s) or concession(s) allowed pursuant to State Density Bonus Law.
3. Requested waiver(s). The written proposal shall include an explanation of the waiver(s) or reduction of development standards requested and why they are necessary to make the construction of the project physically possible.
4. Parking. The applicant may request, and the City shall grant, a reduction in parking requirements in accordance with California Government Code § 65915(p), as that section may be amended from time to time.
5. Physical Constraints. Except as restricted by California Government Code § 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The City shall approve a waiver or reduction of a development standard, unless it finds that:
a. The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant; b. The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of § 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;
c. The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or d. The waiver or reduction of the development standard would be contrary to state or federal law.
6. Fee. Payment of the processing fee in an amount set by resolution of the City Council to reimburse the City for staff time spent reviewing and processing the density bonus application submitted pursuant to this Chapter.
(Ord. No. 522, § 6, 12/12/2023)
D4-80 – Density Bonus Housing Agreement
A. Density Bonus Housing Agreement. For all housing projects receiving a density bonus, incentive(s), concession(s) and/or waiver(s) under this Chapter, a density bonus housing agreement shall be entered into by the City and applicant/property owner. The density bonus housing agreement shall be made a condition of the discretionary planning permits for all housing developments pursuant to this Chapter and shall be recorded as a deed restriction on any parcel on which the residential units will be constructed.
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Packet Pg. 254 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
55 B. Recording of Agreement. The density bonus housing agreement shall be recorded prior to the final or parcel map approval, or, where a map is not being processed, prior to the issuance of a building permit for any structure in the housing development.
The agreement shall run with the land and be binding on all future owners and successors.
C. Contents of Agreement. The density bonus housing agreement shall include, but is not limited to the following:
1. A description of the development, including the total number of units, the number of affordable units, the tenure of the affordable units, the size in square footage and location of affordable units;
2. The term of the agreement and the terms of affordability of the required units in accordance with State Density Bonus Law;
3. A schedule for completion and occupancy of the affordable housing units in accordance with State Density Bonus Law;
4. A description of any incentives, concessions, waivers, or modifications of development standards being provided by the City;
5. Provisions to ensure each affordable unit be kept available only to members of the identified income group at the maximum affordable rent or sales price during the term of the agreement; and
6. Provisions to ensure implementation and compliance with this Chapter D4-81 through D4-84 – Reserved
Contents:
D4-85 – Purpose
D4-86 – Applicability and Standards
D4-85 – Purpose
This Chapter provides standards for residential beekeeping for personal purposes as a hobby within applicable residentially zoned properties.
D4-86 – Applicability and Standards
A. Permitted Areas. Beekeeping and Apiaries for personal purposes as a hobby are permitted within residential properties on lots of at least 610,000 square feet and with access to a private yard within the Single-Family Residential (RS), Rural Conservation (RC), Hillside Residential (HR), and Residential Estate (RE) zones.
B. Number of Hives. Up to two hives are allowed on a lot of at least 6,000 square feet. One additional hive is allowed for every 2,500 square feet of lot area. A maximum of 10 hives shall be allowed on any residential property.
C. Setbacks and Height Limits. Beekeeping and apiary structures shall be located in the rear or side yard with a minimum 6 feet from the side and rear property lines and a minimum of 25 feet from the front property line. The maximum height of a beehive and apiary structure shall be 6 feet, measured from the ground level where the structure is located to the top of the structure.
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Packet Pg. 255 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
56 D. Flyaway Barrier. A beehive located less than 100 feet from a neighboring structure, or outdoor living area, including swimming pools, shall provide a flyaway barrier. The flyaway barrier shall be:
1. A minimum of 6 feet in height, consisting of a solid wall or fence or dense vegetation, and
2. A minimum of 20 feet long, centered on and perpendicular to the shortest line that could be drawn between the hive and the neighbor’s residence or outdoor living area.
E. Water. A convenient source of water shall be made available to the bees at all times during the year so that the bees are not encouraged to visit other water sources where they may cause human or domestic pet contact.
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Packet Pg. 256 Attachment: Exhibit A-3 Division D4 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
1 Division D6 Planning Permit Procedures
Contents:
Chapter I - Permit Application Filing and Processing
Chapter II – Permit Review and Decisions
Chapter III – Permit Implementation, Time Limits, and Extensions Chapter IV – Development Agreements
Chapter I - Permit Application Filing and Processing
Contents:
D6-13 - Purpose
D6-14 - Authority for Land Use and Zoning Decisions
D6-15 - Multiple Permit Applications
D6-16 - Application Preparation and Filing
D6-17 - Application Fees
D6-18 - Initial Application Review
D6-19 - Environmental Assessment
D6-20 - Project Evaluation and Staff Reports
D6-13 - Purpose
This Chapter provides procedures and requirements for the preparation, filing, and initial processing of the permit applications required by this Zoning Ordinance.
D6-14 - Authority for Land Use and Zoning Decisions
Table 6-1 (Review Authority), below identifies the review authority responsible for reviewing and making decisions on each type of application required by this Zoning Ordinance.
TABLE 6-1 - REVIEW AUTHORITY
Type of Decision Procedure
in Section
Role of Review Authority (1)
Architectural
Review
Board (ARB)
(2)
Zoning
Administrator
Planning
Commission
City
Council
Administrative and Legislative
Development Agreement D6-IV – Recommend Recommend Decision General Plan Amendment D7-III – Recommend Recommend Decision Interpretation D1-5 – Decision (3) Appeal Decision
Zoning Map Amendment D7-III – Recommend Recommend Decision Zoning Ordinance Amendment D7-III – Recommend Recommend Decision
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Packet Pg. 257 Attachment: Exhibit A-4 Division D6 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
2 TABLE 6-1 - REVIEW AUTHORITY
Type of Decision Procedure
in Section
Role of Review Authority (1)
Architectural
Review
Board (ARB)
(2)
Zoning
Administrator
Planning
Commission
City
Council
Administrative and Legislative
Specific Plan – – Recommend Recommend Decision
Planning Permit or Other Development Approval
Architectural Review D6-22 Recommend Decision (3) Appeal Appeal Development Plan and
Amendments D6-23 – Decision (3) Appeal Appeal
Extensions D6-34 – Decision (3) Appeal Appeal
Fee Waiver D6-17 – Decision – Appeal
Home Occupation Permit D4-33 – Decision Appeal Appeal
Master Sign Program D3-52 Recommend Decision (3) Appeal Appeal Master Sign Program Amendment D3-52 – Decision (4) Appeal Appeal Minor Exception D6-24 – Decision (3) Appeal Appeal
Minor Use Permit D6-28 – Decision (3) Appeal Appeal
Modification to condition of
approval D6-35 – Decision Appeal Appeal
Planned Development Permit D6-25 – Decision (3) Decision Appeal Preliminary Plan Review D6-26 – Decision (3) Decision Appeal Reasonable Accommodation D4-75 – Decision Appeal Appeal Sign Permit D3-56 Recommend Decision (3) Appeal Appeal
Subdivision - Major – Recommend Recommend Decision Appeal Subdivision - Minor – Recommend Decision (3) Appeal Appeal Temporary Sign Permit D3-56 – Decision Appeal Appeal
Temporary Use Permit D6-27 – Decision Appeal Appeal
Tree Permit D5-II – Decision (3) (4) Appeal Appeal
Use Permit D6-28 – Recommend Decision Appeal
Variance D6-29 – Decision (3) Appeal Appeal
Zoning Clearance D6-30 – Decision (5) Appeal Appeal
Notes:
1. "Recommend" means that the review authority makes a recommendation to a higher decision-making body; "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter D7-II (Appeals and Calls for Review).
2. The Architectural Review Board shall be hereafter referred to in this Zoning Ordinance as the ARB.
3. The Zoning Administrator may defer action and refer the request to the Commission, so that the Commission may instead make the decision.
4. If the Zoning Administrator determines that the proposal may have a significant impact the item may be referred to the ARB for review and a recommendation.
5. The Zoning Administrator may require a Minor Use Permit pursuant to Section D6-30(C) D6-15 - Multiple Permit Applications
A. Concurrent filing. When a single project incorporates different land uses or features so that this Zoning Ordinance requires multiple land use permit applications, the Zoning Administrator may determine that all of the applications shall be filed concurrently, and reviewed, and approved or disapproved, by
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Packet Pg. 258 Attachment: Exhibit A-4 Division D6 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
3 the highest level review authority assigned by Table 6-1 to any of the required applications. (For example, a project that requires a Zoning Map amendment and a Use Permit may be reviewed, and approved or disapproved by the Council (after a recommendation from the Commission), where a Use Permit application by itself may be reviewed and acted upon by the Zoning Administrator.) B. Master application. The Zoning Administrator may authorize use of a single application form and submittal materials for multiple land use applications required by this Zoning Ordinance.
D6-16 - Application Preparation and Filing
A. Pre-application conference. A prospective applicant is strongly encouraged to request a preapplication conference with the Planning Division before completing and filing a planning permit application.
1. The purpose of this conference is to generally:
a. Inform the applicant of City requirements as they apply to the proposed project; b. Review the City's review process, possible project alternatives or modifications; and c. Identify the information and materials the City will require with the application, and any necessary technical studies and information relating to the environmental review of the project.
2. Neither the pre-application review nor the provision of information and pertinent policies shall be construed as either a recommendation for approval or disapproval of the application or project by any City staff.
3. A failure by City staff to identify all required studies or all applicable requirements shall not constitute a waiver of the requirements.
B. Application contents. Each application for a permit, amendment, or other matter pertaining to this Zoning Ordinance shall be filed with the Department on a City application form, together with required fees and/or deposits, and all other information and materials required by the City's list of required application contents, as identified in the Department handout for the specific type of application.
Applicants are encouraged to contact the Planning Division before submitting an application to verify which materials are necessary for application filing.
C. Eligibility for filing. All land use permit and other applications required by this Zoning Ordinance shall be filed with the Department. Applications may be made by:
1. The owner of the subject property; or
2. Any authorized agent or representative, with the written consent of the property owner.
D. Zoning Administrator’s determination. If the Zoning Administrator determines that the application does not support a prima facie right to the granting of the application (e.g., a request for a Zoning Map amendment or Tentative Map that could not be granted in absence of a required General Plan amendment application, or a request for an Use Permit allowing a use that is not allowable in the subject zone, etc.), the City shall not accept the application.
D6-17 - Application Fees
A. Fee schedule. The Council shall establish a schedule of fees for the processing of the applications required by this Zoning Ordinance, hereafter referred to as the City's Fee Schedule.
B. Multiple applications. The City's processing fees are cumulative. For example, if a proposed project requires the approval of both a Use Permit and a Variance, both fees will be charged. Large or complex projects may be subject to an hourly rate in addition to the basic application fees, at the discretion of the Zoning Administrator.
C. Timing of payment. No application shall be deemed complete, and processing shall not commence on any application until all required fees/deposits have been paid.
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Packet Pg. 259 Attachment: Exhibit A-4 Division D6 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
4 D. Refunds and withdrawals.
1. The required application fees cover City costs for public hearings, mailings, staff time, and the other activities involved in processing applications.
2. No refund due to a disapproval shall be allowed.
3. In the case of a withdrawal, the Zoning Administrator shall have the discretion to authorize a partial refund based upon the pro-rated costs to-date and the status of the application at the time of withdrawal.
D6-18 - Initial Application Review
A. Review for completeness. The Department shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. The Department’s determination of completeness shall be based on the City's list of required application contents (see Section D6-16.B - Application contents, above) and any additional instructions provided the applicant in any preapplication conference.
1. Notification of applicant. As required by State law (Government Code Section 65943), within 30 calendar days of application filing, the applicant shall be informed in writing, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the Department letter, shall be provided.
2. Appeal of determination. Where the Department has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the Department is not required, the applicant may appeal the Department’s determination in compliance with Chapter D7-IIh (Appeals and Calls for Review).
3. Time for submittal of additional information. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur. The time available to an applicant for submittal of additional information is limited by following Subsection A.4.
4. Expiration of application.
a. If an applicant fails to provide the additional information specified in the Department letter within 30 days following the date of the letter regarding the incomplete application, the application shall expire and be deemed withdrawn, without any further action by the City. b. The Department may grant one or more 30-day extensions if the Department determines that circumstances unique to the project justify each extension. c. After the expiration of an application, future City consideration shall require the submittal of a new, complete application and associated fees.
5. Environmental information. After an application has been accepted as complete, the Department may require the applicant to submit additional information needed for the environmental review of the project in compliance with Section D6-19 (Environmental Assessment), below.
6. Violation on the site.
a. The Department shall not find an application complete, and shall not process or approve the application, if conditions exist on the site in violation of this Zoning Ordinance or any permit or other approval granted in compliance with this Zoning Ordinance, except for an application for a permit, if any, needed to correct the violation.
b. The Department authority under this Subsection shall apply whether:
1. The current applicant was the owner of the subject property at the time the violation occurred; or
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5 2. The applicant is the current owner of the subject property with or without actual or constructive knowledge of the violation at the time of acquisition of the subject property. c. The Department's decision may be appealed in compliance with Chapter D7-II (Appeals and Calls for Review).
B. Filing date. The filing date of an application shall be the date on which the Department receives the last submission, map, plan, or other material required as a part of that application by Section D6-16.B. (Application contents), above, and deemed complete by the Department in compliance with this Section.
C. Revised materials.
1. Whenever an applicant desires/needs to file revised materials, the materials shall be submitted at least 15 days before the scheduled public hearing on the application.
2. The Department may choose to accept revised materials after that time, upon determining that there is sufficient time to review them before the scheduled hearing date.
3. The review authority may continue an application until the next available meeting date in order to adequately evaluate materials received after the date of receipt of the application package.
D. Referral of application. At the discretion of the Department, or where otherwise required by this Zoning Ordinance or State or Federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed project.
D6-19 - Environmental Assessment
After acceptance of a complete application, the project shall be reviewed as required by the California Environmental Quality Act (CEQA) and the City’s Environmental Guidelines.
D6-20 - Project Evaluation and Staff Reports
A. Staff evaluation. The Department shall review all discretionary applications filed in compliance with this Division to determine whether they comply and are consistent with the provisions of this Zoning Ordinance, other applicable provisions of the Municipal Code, the General Plan, and any applicable specific plan.
B. Staff report. The Department shall provide a written recommendation to the Zoning Administrator, Commission and/or Council (as applicable) on whether the application should be approved, approved subject to conditions, or disapproved.
C. Report distribution. Each staff report shall be furnished to the applicant, after being provided to the review authority, before the scheduled hearing on the application.
Chapter II – Permit Review and Decisions
Contents:
D6-21 - Purpose
D6-22 - Architectural Review
D6-23 - Development Plans
D6-24 - Minor Exceptions
D6-25 - Planned Development Permits
D6-26- Preliminary Plan Review
D6-27 - Temporary Use Permits
D6-28 - Use Permits and Minor Use Permits
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6 D6-29 - Variances
D6-30 - Zoning Clearances
D6-21 - Purpose
A. Permit review procedures. This Chapter provides procedures for the final review, and approval or disapproval of the planning permit applications established by this Zoning Ordinance.
B. Subdivision review procedures. Procedures and standards for the review and approval of subdivision maps are found in DIVISION C5 of the Municipal Code (Subdivision Regulations and Procedures).
C. Application filing and initial processing. Where applicable, the procedures of this Chapter are carried out after those described in Division D6, Chapter I (Permit Application Filing and Processing), for each application.
D6-22 - Architectural Review
A. Purpose and applicability.
1. Purpose. The purpose of Architectural Review is to recognize the interdependence of land values and aesthetics and to provide a method to promote sound land use development.
2. Objectives. Architectural Review is intended to accomplish the following objectives:
a. Ensure that siting and architectural design of structures, their materials, and colors are visually harmonious with surrounding development and with the natural landforms and vegetation of the areas in which they are proposed to be located;
b. Ensure that plans for the landscaped areas conform with the requirements of this Zoning Ordinance and Ordinance No. 218 (Landscape Design Guidelines) and that they provide a visually pleasing setting for structures on the site and on adjoining and nearby sites, and blend harmoniously with the natural landscape; and
c. Prevent excessive and unsightly grading, including hillsides, and preserve natural landforms and existing vegetation, where feasible.
3. Applicability. All building and site plans shall be subject to Architectural Review and Zoning Administrator approval before issuance of a Zoning Clearance and a Building Permit in compliance with this Section.
B. Improvements subject to Architectural Review.
1. Zoning Administrator responsibilities. The Zoning Administrator and his/her designee shall review and approve the design of each improvement for which a Building Permit, Zoning Clearance, certificate, or other approval is required in compliance with Subsection C. (Zoning Administrator responsibilities), below.
2. Architectural Review Board (ARB) responsibilities. The ARB shall review the design of each improvement for which a Building Permit, Zoning Clearance, certificate, and provide recommendation to the Zoning Administrator in compliance with Subsection D. (ARB responsibilities), below.
3. Improvements exempt from Architectural Review. The following improvements are exempt from Architectural Review:
a. Additions or repairs to any existing improvement if the exterior is not to be altered; b. Appurtenances and accessory improvements, and repairs to detached single-family residences; c. Exempt signs, as identified in Section D3-45; and
d. Individual signs conforming to a Master Sign Program approved in compliance with Section D3-
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7 4. Improvement defined. The term "improvement" as used in this Section shall be liberally interpreted, and shall include the alteration, construction, and repair of all structures and facilities permanently affixed to real property and all appurtenances to these structures and facilities.
5. Compliance with Architectural Review approval required. No improvement subject to Architectural Review shall hereafter be altered, constructed, located, repaired, or thereafter maintained, except in compliance with an Architectural Review approval granted in compliance with this Section.
C. Zoning Administrator responsibilities. The following improvements shall be subject to Architectural Review by the Zoning Administrator. All other residential and nonresidential improvements shall be subject to the review and recommendation to the Zoning Administrator by the ARB.
1. Residential. The following minor residential improvements and modifications to an existing structure can be reviewed in association with a Building Permit plan check. If new construction, improvements, or modifications are determined to result in a major change/modification, the Zoning Administrator may require an administrative Architectural Review application and/or refer the application to the ARB for review and a recommendation. a. Additions to existing single-family dwellings.
1. Single-story and second-story additions to existing single-story single-family dwellings; and
2. Second story additions to existing two-story single-family dwellings. b. Architectural projections into yards (e.g., bay windows, fireplace chimneys, stairs or landings, etc.);
c. Accessory structures (e.g., arbors, balconies, carports, decks, gazebos, greenhouses, patio covers and enclosures, storage sheds, trellises, etc.);
d. Decorative mail boxes and columns located in front yards; e. Exterior structure modifications and repairs (e.g., balconies, doors, exterior siding, skylights, solar panels, windows, etc.);
f. Retaining walls; and
g. Good neighbor fence that is taller than six feet.
2. Nonresidential. An administrative Architectural Review application is required for the following nonresidential new construction improvements or major changes/modifications to an existing structure, unless, in the opinion of the Zoning Administrator, the item may have a significant impact, in which case the item may be referred to the ARB for review and a recommendation. If the improvement/structure is determined to be minor in nature and would not, in the opinion of the Zoning Administrator, cause a significant impact, the review and decision may be conducted by the Zoning Administrator in association with a Building Permit plan check. a. Accessory structures;
b. Exterior structure and parking lot lighting;
c. Exterior structure modifications and storefront changes (e.g., doors, exterior siding, windows, exterior paint change, etc.);
d. Fences and walls;
e. Landscape improvements or modification;
f. Master Sign Program Amendments;
g. Parking lot restriping and minor parking lot modifications; h. Retaining walls;
i. Signs in compliance with an approved Master Sign Program;
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8 j. Signs not regulated with an approved Master Sign Program;
1. Sign face copy changes; and
2. Trash and storage areas.
D. Architectural Review Board (ARB) responsibilities. The ARB shall be responsible for the review and recommendation to the Zoning Administrator and/or the Commission on all other residential and nonresidential improvements, as that term is defined in Subparagraph B.4. (Improvement defined) above.
E. Initiation of Architectural Review.
1. Architectural Review shall be initiated by the property owner or an authorized agent by filing the number of copies of all plans and materials identified in Subsection F. (Application requirements), below, as required by the Department.
2. Preliminary consultation between the project applicant and the Department to discuss applicable standards and design guidelines may be initiated by requesting an appointment with the Zoning Administrator.
F. Application requirements. An Architectural Review shall be filed in compliance with Division D6, Chapter I (Permit Application Filling and Processing). The Architectural Review shall be accompanied by the information identified in the Department handout for Architectural Reviews. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection I. (Required findings), below.
G. Factors to be considered during Architectural Review.
1. Advisory capacity. The ARB shall function in an advisory capacity to the Zoning Administrator or Commission in compliance with this Section.
2. Factors to be considered. The review authority (e.g., the Zoning Administrator) shall review the design of all improvements subject to the requirements of this Section in relation to the following factors:
a. Area, bulk, and height of structures;
b. Colors and types of structures and installations;
c. The architectural and physical relationship with existing and proposed structures in the area and to the site’s location within the City;
d. Location, orientation, and site layout of the structures, and their relationship with open space areas, topography, and solar/energy efficiency;
e. Colors, height, materials, and variations in boundary fences, walls, or screen planting; f. Location and type of landscaping including setback areas and the project’s off-street parking areas;
g. Appropriateness of sign design and exterior lighting, and other building graphics; and h. Second story additions to existing single-story homes.
3. Recommendations/actions of the ARB. Following review, the Summary of Action shall be kept on file with the Department which duly note the ARB’s recommendations/actions and conditions pertaining to the subject improvement.
4. Department to ensure conformance with approved plans. a. Following plan approval, the Department shall review all final plans before issuance of a Building Permit to ensure their conformance to the plans approved by the review authority, and any conditions that were a part of that approval.
b. Procedures for this review are identified in Section D6-30 (Zoning Clearances).
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9 H. Architectural Review and approval.
1. Time periods for review.
a. The review authority shall conduct a review of the plans and specifications submitted for review within 45 days following the submittal of a complete application, unless the applicant agrees to an alternative time schedule.
b. In the case of plans and specifications which are associated with an approved Development Plan, Sign Permit, or subdivision previously reviewed and approved by the Commission, the review authority shall conduct the review within 45 days of the Commission’s decision, unless the applicant agrees to an alternative time schedule.
c. Following the decision of the review authority’s review, the Department shall mail notice of the decision to the applicant.
2. Action required.
a. All decisions shall be consistent with the findings identified in Subsection I. (Required findings), below.
b. Any conditions imposed shall be deemed reasonable and necessary and designed to ensure attainment of the purposes and standards established by this Zoning Ordinance.
3. Appeals. All decisions of the review authority shall be appealable in compliance with Chapter D7-II (Appeals and Calls for Review).
I. Required findings. The review authority may approve or disapprove an Architectural Review only after first making all of the following findings:
1. The project’s design would be:
a. Consistent with the goals and objectives of the General Plan; b. Consistent with the purposes of this Zoning Ordinance; c. In compliance with Subparagraph G. 2. (Factors to be considered), above; and d. In the best interest of the public health, safety, and general welfare of the community.
2. General site considerations, including site layout, open space and topography, orientation and location of structures, circulation and parking, height, fences and walls, public safety, setbacks, vehicular access, and similar elements have been designed to provide a desirable environment for the subject development;
3. General architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other structures, building materials, colors, exterior lighting and signs, screening of exterior appurtenances, and similar elements have been incorporated into the design of the subject development in order to ensure the compatibility of the development with its design concept and the character of adjacent structures; and
4. General landscape considerations, including the location, color, coverage, size, texture, and type of plant materials, provisions for irrigation, maintenance, and protection of landscaped areas and similar elements have been considered to ensure visual relief, to complement structures, and to provide an attractive environment for the enjoyment of the public.
J. Post decision procedures. The procedures and requirements relating to changes to approved plans, effective dates, lapse of approval and extensions, and transferability located in Division D6, Chapter III (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation/ modification located in Division D7, Chapter V (Enforcement), shall apply following the decision on an Architectural Review.
(Ord. No. 496, § 2, 01/28/2020)
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10 D6-23 - Development Plans
A. Purpose. This Section provides the flexibility in application of land use and development regulations necessary to achieve the purposes of this Zoning Ordinance by establishing procedures for approval, conditional approval, or disapproval of Development Plan or Development Plan Amendment applications, and to establish the review procedure for Development Plan Concept Review applications.
B. Applicability.
1. Development Plans or Development Plan Amendments are required for all new development and additions to existing structures, unless the Zoning Administrator finds that the addition is noncontroversial, minor, and does not involve a substantial alteration to the existing structure.
2. Development Plans or Development Plan Amendments are not required for the construction or alteration of a single-family dwelling unit.
C. Review authority – Zoning Administrator. The Zoning Administrator shall approve, conditionally approve, or disapprove applications for Development Plans and Development Plan Amendments. The Zoning Administrator may defer action and refer the request to the Commission, so that the Commission may instead make the decision.
D. Consistency with the General Plan required. All approvals or conditional approvals shall be consistent with the General Plan and subject to the general purposes of this Zoning Ordinance, the specific purposes of the base or overlay zone in which a development site is located, and the provisions of this Section.
E. Application requirements.
1. An application for a planning permit approval shall be filed in compliance with Division D6, Chapter I (Permit Application Filling and Processing). The application shall be accompanied by the information identified in the Department handout for the specific permit.
2. For applicants for a housing development project as defined by Government Code Section 65598.5, the application shall be deemed to have been submitted upon submittal of an application form, providing all of the information required by Government Code Section 65941.1, and upon payment of the permit processing fee. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection H. (Required findings), below.
F. Project Review, notice and public hearing. Each application shall be reviewed by the Zoning Administrator to ensure that the proposal complies with all applicable requirements of this Zoning Ordinance. Before a decision on a Development Plan or Development Plan Amendment, the City shall provide notice as follows:
Development Plan
1. A public hearing shall be required for the Zoning Administrator’s consideration of a Development Plan application.
2. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter D7-IV (Public Hearings).
3. When an application for a Development Plan is submitted concurrently with a Use Permit or Variance application on the same site, the Zoning Administrator shall schedule a combined public hearing.
Development Plan Amendment
1. A public notice shall be required prior to the Zoning Administrator’s decision. The public notice shall state that the Zoning Administrator will decide whether to approve or disapprove the Development
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11 Plan Amendment application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.
2. When a public hearing is requested, notice of the hearing shall be provided in compliance with Chapter D7-IV, and the Zoning Administrator shall conduct the public hearing before a decision on the application in compliance with Chapter D7-IV (Public Hearings).
G. Duties of the Review Authority.
1. The Zoning Administrator shall conduct a public hearing, if required in subsection F above, and hear testimony for and against the application.
2. Within 30 working days of the conclusion of the public hearing, the Review Authority shall approve, conditionally approve, or disapprove the application.
3. Notice of the decision shall be mailed to the applicant, and any other party requesting notice, after the decision is rendered.
H. Required findings. The Zoning Administrator shall approve an application for a Development Plan or Development Plan Amendment as it was applied for, or in modified form as required by the Zoning Administrator if, on the basis of the application, materials, plans, and testimony submitted, the Zoning Administrator first finds that the proposed development:
1. Will not be detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood of the proposed development;
2. Will not be injurious or detrimental to property or improvements in the neighborhood;
3. Will not be injurious or detrimental to the general welfare of the City;
4. Will not be inconsistent with the policies and goals of the General Plan or any applicable specific plan; and
5. Is architecturally compatible with other developments in the same vicinity, both inside and outside of the subject zone.
I. Conditions of approval.
1. In approving a Development Plan or Development Plan Amendment the Zoning Administrator may impose conditions that are deemed reasonable and necessary to:
a. Achieve the general purposes of this Zoning Ordinance or the specific purposes of the subject zone, or to make it consistent with the General Plan or any applicable specific plan; b. Protect the public health, safety, and general welfare; or c. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area.
2. The conditions of approval shall not include bulk, density, height, loading, open space, parking, sign, or use requirements that are less restrictive than those identified by the applicable zone regulations, unless a variance to these regulations is granted.
J. Post decision procedures. The procedures and requirements relating to changes to approved plans, effective dates, lapse of approval and extensions, and transferability located in Division D6, Chapter III (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation/ modification located in Division D7, Chapter V (Enforcement), shall apply following the decision on an application for a Development Plan or Development Plan Amendment.
K. Development Plan Concept Review – Planning Commission Review
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12 Purpose: The Development Plan Conceptual Review process is intended to serve as an initial screening of a project concept and not a detailed review of a development proposal. The value of the process is in the feedback provided by the Planning Commission and Staff that allows the applicant to make an informed decision regarding potential revisions to their project based on the comments received. The Planning Commission’s feedback is non‐binding and no formal or final decisions are issued for a Conceptual Review.
Submittal Requirements: An application for a Concept Review shall be filed in compliance with Division D6, Chapter I (Permit Application Filling and Processing). The application shall be accompanied by the information identified in the Department handout for the specific permit. The specific submittal requirements will be based on the nature of the project for which a Concept Review is being sought.
Public Notice: Notice of the Planning Commission’s consideration of a Concept Review Application will be sent to property owners within 300 feet of the subject property. The purpose of providing public notice on a non-action item is to solicit public input in advance of formal applications and give the potential project applicant a better understanding of public opinion regarding their potential project. (Ord. No. 496, § 2, 01/28/2020)
D6-24 - Minor Exceptions
The Zoning Administrator may grant a Minor Exception from specified regulations contained in this Zoning Ordinance in compliance with this Section.
A. Purpose. The purposes of this Chapter are to:
1. Allow the Zoning Administrator to grant a Minor Exception from specified zone or development standards required by this Zoning Ordinance.
2. Provide an appropriate process to enable the Zoning Administrator to grant a requested Minor Exception.
3. Provide appropriate and reasonable findings to allow the Zoning Administrator to grant a requested Minor Exception.
B. Applicability. A Minor Exception application shall be approved for any item identified in Table 6-2, below, if in the opinion of the Zoning Administrator the findings identified in Subsection E. (Required findings), below can be made.
TABLE 6-2 - ALLOWABLE MINOR EXCEPTIONS
Types of Minor Exceptions Allowed Maximum
Adjustment
1. Area requirements. A decrease in the minimum area requirements. (Not including minimum parcel area requirements - See number 6. below.) 15 percent
2. Fence or wall height. An increase in the maximum allowable height of a fence or wall, in compliance with Section D3-4 (Fences, Hedges, and Walls). Up to a 1 foot increase
3. Floor Area Ratio (FAR). An increase in the maximum allowable FAR. 10 percent
4. Landscaping area. A decrease in the minimum landscaping area requirements. 20 percent
5. Loading. A decrease in the number of required loading spaces, but not exceeding two spaces. 30 percent
6. Parcel area. A decrease in the minimum required parcel area. 10 percent
7. Parcel coverage. An increase in the maximum allowable parcel coverage. 10 percent
8. Parcel depth or width. A decrease in the minimum required parcel depth or width, only when the total parcel area requirements are met. 10 percent
9. Parking. A decrease in the number of required parking spaces. 15 percent
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13 TABLE 6-2 - ALLOWABLE MINOR EXCEPTIONS
Types of Minor Exceptions Allowed Maximum
Adjustment
10. Projections. An increase in the allowable projection of canopies, cornices, eaves, fireplaces, landings, masonry chimneys, overhangs, raised porches, stairways, and steps into a required setback areas, but no closer than 3 feet to any property line. 25 percent
11. Setback areas. A decrease in the required setbacks.
Front setback: But no closer to the front property line than 15 feet. 25 percent Side setbacks: But no closer to the side property lines than 3 feet. 25 percent Rear setback: But no closer to the rear property line than 5 feet. 25 percent
12. Signs. An increase in the maximum allowable sign area or height. 25 percent
13. Structure height. An increase in the maximum allowable structure height, but not to exceed an increase of five feet. 25 percent
14. 10-year parking restriction. 10-Year Restriction on Off-Site Parking Facility Case by case
15. Eating areas. Employee Eating Areas Case by case
16. Satellite antennas. Rear Roof Mounting of Satellite Antennas Case by case
17. Screening Requirements. Screening Requirement for refuse storage areas in the IG zone Case by case
18. Wall requirements. Wall requirement - residential abutting nonresidential Case by case
19. Other standards. The Zoning Administrator shall also be allowed to vary other standards including minor operational/performance standards relating to dust, glare, hours of operation, landscaping, light, noise, etc.
Case by case
20. Required Variance. A request that exceeds the limitations identified in this Section shall require the approval of a Variance in compliance with Section D6-29.
C. Application requirements. An application for a Minor Exception shall be filed in compliance with Division D6, Chapter I (Permit Application Filling and Processing). The application shall be accompanied by the information identified in the Department handout for Minor Exception applications. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection E. (Required findings), below.
D. Project review, notice, and hearing. Each application shall be reviewed by the Zoning Administrator to ensure that the proposal complies with all applicable requirements of this Zoning Ordinance. Before a decision on a Minor Exception, the City shall provide notice in compliance with Chapter D7-IV (Public Hearings).
1. Public notice. The notice shall state that the Zoning Administrator will decide whether to approve or disapprove the Minor Exception application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.
2. Requested hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter D7-IV, and the Zoning Administrator shall conduct the public hearing before a decision on the application in compliance with Chapter D7-IV (Public Hearings).
E. Required findings.
1. General findings. The Zoning Administrator may approve a Minor Exception application, with or without conditions, only after first finding that:
a. No practical alternative exists;
b. The purpose of the subject zone would not be compromised; c. No detrimental impact would result aesthetically; and
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14 d. The proposed construction project would otherwise be in compliance with all applicable Zoning Ordinance standards and requirements.
In the event the Zoning Administrator cannot make the above findings, the Minor Exception shall be denied and the applicant may instead apply for a variance.
F. Letter to the applicant required. Any Minor Exception granted shall be in writing, with a letter sent to the applicant stating the reasons for the Minor Exception along with the supporting findings and any necessary conditions of approval in compliance with Subsection E. (Required findings), above.
G. Post decision procedures. The procedures and requirements relating to changes to approved plans, effective dates, lapse of approval and extensions, and transferability located in Division D6, Chapter III (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation/ modification located in Division D7, Chapter V (Enforcement), shall apply following the decision on an application for a Minor Exception.
D6-25 - Planned Development Permits
A. Purpose. Planned Development Permits are intended to promote and encourage quality development within the City’s residential, commercial, industrial, and other zones, while protecting the public health, safety, general welfare, integrity, and character of the City, and ensuring conformance with the General Plan and any applicable specific plan.
1. Comprehensive development. Planned Development Permits are encouraged and expected to produce comprehensive development incorporating more enhanced environmental and architectural excellence than would normally be possible under more standard zone development requirements.
2. Project review. The Review Authority shall determine whether the Planned Development Permit should be approved by weighing the public need for, and the positive benefits to be derived from, the proposed project against any of the potential unavoidable negative effects it may cause.
B. Applicability. An application for a Planned Development Permit shall be required before the issuance of any nondiscretionary building, grading, or other required permits. For a major project that also requires other discretionary permits, these permits shall be processed concurrently.
1. Minimum site area. A Planned Development Permit application may be approved only for a site of 10 acres or larger.
2. Allowable land use. A Planned Development Permit may only authorize a land use that is allowed in the applicable zone by Division D2 (Allowable Land Uses and Zoning Standards).
3. General Plan conformance required. Conformance with the goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan shall be required.
4. Modify standards.
a. A Planned Development Permit may adjust or modify, where necessary and justifiable, all applicable development standards (e.g., building envelope [coverage, height, and setbacks], fence and wall heights, landscaping, off-street parking and loading [design and ratios], open space, street layout, etc.) identified in this Zoning Ordinance, with the exception of an increase in the applicable density or intensity provisions.
b. A Planned Development Permit may allow for the density to be averaged on parcels divided by two or more zones.
c. Residential development projects with increased density standards may only be approved in compliance with the City’s density bonus procedure in the Municipal Code.
C. Application filing and processing. An application for a Planned Development Permit shall be completed, filed, and processed in compliance with Division D6, Chapter I (Permit Application Filing
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15 and Processing), and any requirements of the applicable zone. The application shall be accompanied by the information identified in the Department handout for Planned Development Permit applications. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection G. (Findings and decision), below.
D. Review authority. Planned Development Permits may be granted by the Commission.
E. Criteria for approval. The review authority may approve a Planned Development Permit only when the following criteria are met:
1. The site shall be a minimum of 10 acres, unless the Commission reduces this requirement in lieu of a substantial public benefit received.
2. The proposed development shall be in conformance with the General Plan and any applicable specific plan, and shall result in a comprehensive development incorporating a more enhanced environment and architectural excellence than would normally be possible under more standard zone development requirements.
3. The various elements of the proposed plan, including structures, grounds, and open space, shall relate to one another in a manner that forms a comprehensive plan of sufficient unity to justify exceptions, if any, to the standard zone development requirements identified in this Zoning Ordinance.
4. The proposed development shall not adversely affect adjacent properties.
F. Project review, notice, and hearing. Each application shall be reviewed by the Zoning Administrator to ensure that the proposal is consistent with the purpose and intent of this Section.
1. (Major) Planned Development Permit. The Commission shall conduct a public hearing on an application for a (Major) Planned Development Permit before a decision on the application. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter D7-IV (Public Hearings).
2. (Minor) Planned Development Permit. Before a decision on a (Minor) Planned Development Permit, the City shall provide notice in compliance with Chapter D7-IV (Public Hearings). a. Public notice. The notice shall state that the Zoning Administrator will decide whether to approve or disapprove the (Minor) Planned Development Permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.
b. If hearing is requested. If a public hearing is requested, the Zoning Administrator shall refer the application to the Commission for a hearing and decision to be conducted in compliance with Chapter D7-IV (Public Hearings).
c. If no hearing is requested. If no public hearing is requested, the Zoning Administrator shall render a decision on the date specified in the notice referred to in Subparagraph 2.a, above.
G. Findings and decision. The review authority may approve or disapprove an application for a Planned Development Permit only after first making all of the following findings:
1. The proposed development is:
a. Allowed within the subject zone;
b. In conformance with the:
1. Criteria identified in Subsection E. (Review authority criteria), above;
2. General Plan and any applicable specific plan; and
3. Applicable provisions of this Zoning Ordinance relating to both on and off site improvements that are necessary to accommodate flexibility in site planning and property development and to carry out the purpose and intent of the subject zone.
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16 2. The proposed project would produce a comprehensive development incorporating a more enhanced environment and architectural excellence (e.g., appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities, etc.) than would normally be possible under more standard zone development requirements;
3. The design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle access and public services and utilities (e.g., drainage, fire protection, sewers, water, etc.), would ensure that the proposed development would not endanger, jeopardize, or otherwise constitute a hazard to the public health, safety, or general welfare, or injurious to the property or improvements in the vicinity and zone in which the property is located;
4. The site is:
a. Physically suitable for the type and density/intensity of development being proposed; b. Adequate in shape and size to accommodate the proposed development; and c. Served by streets of adequate capacity to carry the quantity and type of traffic expected to be generated by the proposed development.
5. The public need for, and the positive benefits to be derived from, the proposed project clearly outweigh any of the potential unavoidable negative effects it may cause.
H. Conditions of approval. In approving a Planned Development Permit, the review authority may impose any conditions deemed reasonable and necessary to:
1. Ensure that the approval will comply with the findings required by Subsection G. (Findings and decision), above;
2. Ensure compliance with applicable requirements of this Zoning Ordinance (e.g., allowable land uses and density/intensity) to ensure compatibility with surrounding properties);
3. Accommodate flexibility in site planning and property development;
4. Mitigate all project related adverse effects, unless a statement of overriding considerations is adopted in compliance with Public Resources Code Section 15093; and
5. Protect the public health, safety, and general welfare.
I. Post decision procedures. The procedures and requirements relating to changes to approved plans, effective dates, lapse of approval and extensions, and transferability located in Division D6, Chapter III (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation/modification located in Division D7, Chapter V (Enforcement), shall apply following the decision on an application for a Planned Development Permit.
D6-26- Preliminary Plan Review
A. Purposes. The purposes of Preliminary Plan Review are to:
1. Familiarize project applicants, not exempt from CEQA, with City regulations and the concerns of City departments before expenditure for the preparation of the required application materials.
2. Familiarize City department representatives with proposed projects and provide an opportunity for an exchange of views on project characteristics that may be of mutual concern.
3. Enable the Zoning Administrator to discuss project impacts with representatives of other City departments before making an environmental determination and determining responsible trustee agencies in compliance with CEQA.
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Packet Pg. 272 Attachment: Exhibit A-4 Division D6 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
17 4. Allow City departmental representatives to discuss potentially significant environmental impacts, the nature of mitigation measures, and the need for background studies to be submitted with the project application.
B. Applicability.
1. When required. Preliminary Plan Review shall be required for:
a. Projects requiring a General Plan amendment, specific plan approval, or Zoning Map amendment;
b. Projects involving construction and/or modification of 50,000 square feet or more of gross floor area and not considered a housing development as defined by Government Code Section 65598.5. For housing developments, see Section D6-23 E (Development Plan), above; and c. Projects deemed necessary by the Zoning Administrator.
2. Waiver of Preliminary Plan Review. The Zoning Administrator may waive Preliminary Plan Review upon determining that neither the applicant nor the City staff would benefit from the review due to the minimal impact of the proposed project.
3. Changing requirements and procedures. Information and comments provided to an applicant through the Preliminary Plan Review process are subject to change in the event that environmental conditions, applicable laws, or other requirements change prior to a formal permit application being deemed complete.
C. Initiation of Preliminary Plan Review. Preliminary Plan Review shall be initiated by filing the following items with the Department.
1. A completed "pre-application" request for Preliminary Plan Review, stating that the applicant is the property owner or the authorized agent of the owner.
2. A completed Environmental Questionnaire.
3. Five copies of all required plans and materials identified in Subsection D. (Application requirements), below.
4. The required application fee in compliance with the City’s Fee Schedule.
D. Application requirements. An application for a Preliminary Plan Review shall be filed in compliance with Division D6, Chapter I (Permit Application Filling and Processing). The application shall be accompanied by the information identified in the Department handout for Preliminary Plan Review applications.
E. Duties of the Zoning Administrator.
1. The Zoning Administrator shall:
a. Make a preliminary determination as to whether the project requires a Negative Declaration (ND), Mitigated Negative Declaration (MND), or an Environmental Impact Report (EIR) and, if so, shall recommend the appropriate lead agency;
b. State identified concerns based on the preliminary review of the project plans and materials. c. Ask questions of the applicant to clarify understanding of the applicant’s intent. d. Discuss potentially significant impacts, the nature of any mitigation measures, and any background studies that may be required with the application.
2. Following Preliminary Plan Review, the Zoning Administrator shall mail the comments to the applicant and a statement outlining the type and sequence of approvals necessary before the issuance of a Zoning Clearance and any other permits or approvals required by this Zoning Ordinance.
F. Post review procedures.
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Packet Pg. 273 Attachment: Exhibit A-4 Division D6 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
18 1. Related procedures. The procedures and requirements relating to changes to approved plans, effective dates, lapse of approval and extensions, and transferability located in Division D6, Chapter III (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation/modification located in Division D7, Chapter V (Enforcement), shall apply following the decision on an application for a Preliminary Plan Review.
2. Duration. Administrative decisions on the approval process made during the Preliminary Plan Review process shall be valid for a period of 180 days from their effective date.
3. Application for a Zoning Clearance. An application for Zoning Clearance review shall be submitted before expiration of this 180-day period.
(Ord. No. 496, § 2, 01/28/2020)
D6-27 - Temporary Use Permits
A. Purpose. This Section establishes procedures for the granting of Temporary Use Permits that allow short-term activities to be conducted on private property and that may not meet the normal development or use standards of the applicable zone, but may be acceptable because of their temporary nature.
B. Applicability. Temporary land uses shall not be established, operated, or conducted in any manner without the approval and maintenance of a valid Temporary Use Permit granted in compliance with this Section. The following two categories of temporary uses identify the level of permit required, if any, based on the proposed duration, size, and type of use:
1. Exempt temporary uses are identified in Subsection C. (Exempt temporary uses), below; or
2. Temporary Use Permits are identified in Subsection D. (Allowed temporary uses), below.
C. Exempt temporary uses. The following minor and limited duration temporary uses are exempt from the requirement for a Temporary Use Permit. Uses that do not fall within the categories defined below shall comply with Subsection D. (Allowed temporary uses), below.
1. Construction yards – On-site. On-site contractors' construction yards, including temporary trailers and storage of equipment, in conjunction with an approved construction project on the same site.
The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit authorizing the construction project, whichever first occurs.
2. Emergency facilities. Emergency public health and safety needs/land use activities.
3. Garage sales. Garage sales are exempt from the requirement for a Temporary Use Permit; provided, the sales occur no more often than three (3) times per year per residence, for a maximum of two (2) consecutive days each. Garage sales or community garage sales are allowed on Saturday, Sunday, and any National Holidays.
Conduct of garage sales shall require registration with the Planning Services Division.
Community garage sales requesting public street closure are subject to a Special Event Permit, which is managed by the Parks and Community Services Department.
4. Temporary model home. Temporary model homes and related facilities within the area of an approved residential subdivision project, solely for the first sale of homes, approved as part of the overall project.
5. Temporary real estate sales office. A temporary real estate sales office within the area of an approved development project, solely for the first sale of homes, approved as part of the overall project.
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Packet Pg. 274 Attachment: Exhibit A-4 Division D6 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
19 D. Allowed temporary uses. The following temporary uses may be allowed, subject to the issuance of a Temporary Use Permit by the Zoning Administrator. Uses that do not fall within the categories defined below shall comply with the use and development regulations and land use permit review provisions that otherwise apply to the property.
1. Commercial filming. The temporary use of an approved site for the filming of commercials, movies, videos, etc. The Zoning Administrator shall make an additional finding: the approval would not result in a frequency of uses likely to create incompatibility between the temporary filming activity and the surrounding neighborhood.
2. Construction yards – Off-site. Off-site contractors' construction yards, in conjunction with an approved construction project. The permit shall expire and the construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit authorizing the construction project, whichever first occurs. (See also Subsection D.8, below, regarding temporary work trailers.)
3. Events. Events on nonresidential property including the following:
a. Amusement rides, arts and crafts shows, auctions, carnivals, circuses, civic and community events, concerts, fairs, farmers' markets, festivals, flea markets, food events, live entertainment, outdoor entertainment/sporting events, recreation events, rodeos, rummage sales, second hand sales, street fairs, swap meets, and tent revivals for no more than 15 days total within a 12-month period. On-going/annual events may be permitted through a Minor Use Permit/Use Permit based on the allowable land use tables in Division D2 for the specific zone applicable to the site. b. Outdoor meetings or group activities for seven consecutive days or less, within a 90-day period.
4. Outdoor display/sales. The temporary outdoor display/sales of merchandise (e.g., parking lot and sidewalk sales), in compliance with Section D4-35 (Outdoor Display, Storage, and Vending) shall be allowed only if the merchandise displayed is otherwise sold within a building on the same site. These activities shall be located immediately adjacent to the structure, and their duration shall not exceed five consecutive days within a 90-day period. On-going/annual events may be permitted through a Minor Use Permit/Use Permit based on the allowable land use tables in Division D2 for the specific zone applicable to the site. Any sales activity proposed within a public right-of-way shall require a Special Events Permit in compliance with the Municipal Code.
5. Residence. A mobile home as a temporary residence of the property owner when a valid Building Permit for a new single-family dwelling is in force, or for temporary caretaker quarters during the construction of a subdivision, multi-family, or nonresidential project. The permit may be approved for a specified duration, or upon expiration of the Building Permit, whichever first occurs.
6. Seasonal sales lot. Halloween pumpkin sales and Christmas tree sale lots by businesses holding a valid Business License; provided, the activity may only be held from October 1st through October 31st, of the same year for the Halloween pumpkin sales, and from the day after Thanksgiving through December 26th, of the same year for Christmas tree sales. A five day period before and after the event may be used for set-up and clean-up.
7. Searchlights. The use of outdoor searchlights when used for advertising or “attention-getting” purposes.
8. Temporary structure. A temporary classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved, for a maximum time period of 12 months, as an accessory use or as the first phase of a development project, in the commercial and industrial zones.
9. Temporary work trailer.
a. A trailer or mobile home may be used as a temporary work site for employees of a business:
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Packet Pg. 275 Attachment: Exhibit A-4 Division D6 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
20 1. During construction of a subdivision or other development project when a valid Building Permit is in force; or
2. Upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is being obtained.
b. A permit for temporary work trailers may be granted for up to 12 months.
10. Similar temporary use. Similar temporary uses which, in the opinion of the Zoning Administrator, are compatible with the zone and surrounding land uses, and are necessary because of unusual or unique circumstances beyond the control of the applicant.
E. Application filing, processing, and review. An application for a Temporary Use Permit shall be filed with the Department and processed in the following manner.
1. Application contents. An application for a Temporary Use Permit shall be completed, filed, and processed in compliance with Division D6, Chapter I (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for Temporary Use Permit applications. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection G. (Findings and decision), below.
2. Time for filing. An application for a Temporary Use Permit shall be submitted for approval at least 10 days before the date that the proposed use is scheduled to take place.
3. Public hearing not required. A public hearing shall not be required for the Zoning Administrator’s decision on a Temporary Use Permit unless determined by the Zoning Administrator.
4. Effective date. An approved Temporary Use Permit shall be effective on the date of its approval.
F. Standards. Standards for floor areas, heights, landscaping, parking, setbacks, and other structure and property development standards that apply to the category of use or the zone of the subject site shall be used as a guide for determining the appropriate development standards for temporary uses.
1. Adjustment of standards. The Zoning Administrator may authorize an adjustment from the specific standards deemed necessary or appropriate consistent with the temporary nature of the use.
2. Removal of materials and structures associated with the temporary use. All materials and structures associated with the temporary use shall be removed within 10 days from the actual termination of operations, or after the expiration of the Temporary Use Permit, whichever first occurs.
3. 30-day interval before new permit. A minimum of 30 days shall pass between the issuance of a new Temporary Use Permit and the expiration of a similar Temporary Use Permit for the same property, or the actual removal of the materials and structures associated with the former use, whichever last occurs.
4. Other permits required. Temporary uses may be subject to additional licenses, inspections, or permits required by applicable local, State, or Federal requirements.
5. Issue only four times per year for the same activity (rug sales).
G. Findings and decision.
1. A Temporary Use Permit may be approved, modified, conditioned, or disapproved by the Zoning Administrator.
2. The Zoning Administrator may defer action and refer the application to the Commission for review and decision at a scheduled public hearing.
3. The review authority may approve or conditionally approve a Temporary Use Permit application, only after first finding that:
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Packet Pg. 276 Attachment: Exhibit A-4 Division D6 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
21 a. The establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use;
b. The use, as described and conditionally approved, would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City; and c. Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Zoning Ordinance.
H. Conditions of approval. In approving a Temporary Use Permit, the Zoning Administrator may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection G. (Findings and decision), above.
I. Condition of site following temporary use. Each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used in compliance with the applicable provisions of this Zoning Ordinance. The Zoning Administrator may require appropriate security before initiation of the use to ensure proper cleanup after the use is finished.
J. Post decision procedures.
1. Related procedures. The procedures and requirements relating to changes to approved plans, effective dates, lapse of approval and extensions, and transferability located in Division D6, Chapter III (Permit Implementation, Time Limits, and Extensions), and those related to appeals located in Division D7, Chapter V (Enforcement) shall apply following the decision on an application for a Temporary Use Permit.
2. Revocation/modification. A Temporary Use Permit may be revoked or modified by the Zoning Administrator effective immediately upon verbal or written notice for violation of the terms of the permit.
(Ord. No. 496, § 2, 01/28/2020)
D6-28 - Use Permits and Minor Use Permits
A. Purpose. A Use Permit or Minor Use Permit provides a process for reviewing uses and activities that may be appropriate in the applicable zone, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site.
B. Applicability. A Use Permit or Minor Use Permit is required to authorize proposed land uses identified by Division D2 (Allowable Land Uses and Zoning Standards) as being allowable in the applicable zone subject to the approval of a Use Permit or Minor Use Permit, respectively.
C. Review authority.
1. Use Permit – By the Commission. The Commission may approve, conditionally approve, or disapprove applications for Use Permits in compliance with Division D2 (Allowable Land Uses and Zoning Standards) and other applicable sections of this Zoning Ordinance.
2. Minor Use Permits – By the Zoning Administrator.
a. The Zoning Administrator may approve, conditionally approve, or disapprove applications for Minor Use Permits in compliance with Division D2 (Allowable Land Uses and Zoning Standards) and other applicable sections of this Zoning Ordinance. b. The Zoning Administrator may instead refer any Minor Use Permit application to the Commission for a public hearing and decision.
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Packet Pg. 277 Attachment: Exhibit A-4 Division D6 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
22 D. Application filing and processing. An application for a Use Permit or Minor Use Permit shall be filed and processed in compliance with Division D6, Chapter I (Permit Application Filing and Processing). The application shall be accompanied by detailed and fully dimensioned plans, architectural drawings and sketches, and data/materials identified in the Department handout for Use Permits. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection F. (Findings and decision), below.
E. Project review, notice, and hearing. Each application shall be reviewed by the Zoning Administrator to ensure that the proposal complies with all applicable requirements of this Zoning Ordinance.
1. Use Permits.
a. Public hearing required. A Use Permit application shall be reviewed, and approved or disapproved by the Commission at a public hearing.
b. Notice and conduct of hearing. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter D7-IV (Public Hearings).
2. Minor Use Permits. Before a decision on a Minor Use Permit, the City shall provide notice in compliance with Chapter D7-IV (Public Hearings).
a. Public notice. The notice shall state that the Zoning Administrator will decide whether to approve or disapprove the Minor Use Permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.
b. Requested hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter D7-IV, and the Zoning Administrator shall conduct the public hearing before a decision on the application in compliance with Chapter D7-IV.
F. Findings and decision. The review authority may approve a Use Permit or Minor Use Permit application only after first making all of the following findings:
1. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Zoning Ordinance and the Municipal Code;
2. The proposed use is consistent with the General Plan and any applicable specific plan;
3. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity;
4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints; and
5. Granting the permit would not be detrimental to the public health, safety, or welfare of the persons residing or working in the subject neighborhood, or materially detrimental or injurious to property or improvements in the vicinity and zone in which the property is located.
G. Conditions of approval. In approving a Use Permit or Minor Use Permit, the review authority may impose conditions (e.g., the placement, height, nature and extent of the use; buffers, landscaping and maintenance, off-site improvements, performance guarantees, screening, surfacing, time limits, etc.), including conditions which establish standards for development that are more restrictive than the applicable requirements of this Zoning Ordinance, deemed reasonable and necessary to ensure that the approval will comply with the findings required by Subsection F. (Findings and decision), above.
H. Post decision procedures. The procedures and requirements relating to changes to approved plans, effective dates, lapse of approval and extensions, and transferability located in Division D6, Chapter III (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation/ modification located in Division D7, Chapter V (Enforcement), shall apply following the decision on an application for a Use Permit or Minor Use Permit.
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Packet Pg. 278 Attachment: Exhibit A-4 Division D6 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
23 D6-29 - Variances
A. Purpose. This Section allows Variances from the development standards of this Zoning Ordinance only when, because of special circumstances applicable to the subject property, including location, shape, size, surroundings, topography, or other physical conditions, the strict application of the standards denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zone.
B. Applicability.
1. Waive or modify development standards. A Variance may be granted to waive or modify any development standard of this Zoning Ordinance except for those requirements identified in Subparagraphs 2, 3, and 4, immediately below.
2. No special privileges. A Variance shall not be granted that would have the effect of granting a special privilege not shared by other property owners in the vicinity and in the same zone.
3. Does not extend to uses. The power to grant Variances does not extend to allowable land uses. In no case shall a Variance be granted to allow a use of land or structure not otherwise allowed in the zone in which the subject property is located.
4. Does not extend to procedures. A Variance shall not be granted to allow an adjustment to the procedural requirements of this Zoning Ordinance.
C. Review authority.
1. A Variance application shall be reviewed, and approved or disapproved by the Zoning Administrator.
2. The Zoning Administrator may instead refer any Variance application to the Commission for a hearing and decision.
D. Application filing and processing. An application for a Variance shall be completed, filed, and processed in compliance with Division D6, Chapter I (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for Variance applications. It is the responsibility of the applicant to provide evidence in support of the findings, as required by Subsection F. (Findings and decision), below.
E. Project review, notice, and hearing. Each application shall be reviewed by the Zoning Administrator to ensure that the proposal complies with all applicable requirements of this Zoning Ordinance.
1. Public notice. Before a decision on a Variance, the City shall provide notice in compliance with Chapter D7-IV (Public Hearings). The notice shall state that the Zoning Administrator will decide whether to approve or disapprove the Variance application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.
2. Requested hearing. When a hearing is requested, a notice of the hearing shall be provided in compliance with Chapter D7-IV, and the Zoning Administrator shall conduct the hearing before a decision on the application in compliance with Chapter D7-IV.
F. Findings and decision. The Zoning Administrator may approve a Variance application only after first making all of the following findings, as applicable to the application.
1. General findings.
a. There are special circumstances applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Zoning Ordinance denies the property owner privileges enjoyed by other property owners in the vicinity and within the same zone;
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Packet Pg. 279 Attachment: Exhibit A-4 Division D6 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
24 b. Granting the application is necessary for the preservation and enjoyment of substantial property rights enjoyed by other property owners in the same vicinity and zone and denied to the property owner for which the application is sought; and
c. The application is consistent with the General Plan and any applicable specific plan.
2. Findings for off-street parking Variance. For a nonresidential development proposing to locate a portion of the required off-street parking on a different site, or to provide fees or facilities in lieu of the required parking spaces, the Zoning Administrator shall first make both of the following findings, as required by Government Code Section 65906.5, instead of those required by Subparagraph F.1., above.
a. The Variance would be an incentive to, and a benefit for, the subject nonresidential development; and
b. The Variance would facilitate access to the subject nonresidential development by patrons of public transit facilities.
G. Conditions of approval. In approving a Variance, the Zoning Administrator:
1. Shall impose conditions to ensure that the Variance does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zone in which the subject property is located; and
2. May impose conditions (e.g., the placement, height, nature and extent of the use; buffers, landscaping and maintenance, off-site improvements, performance guarantees, screening, surfacing, etc.) deemed reasonable and necessary to ensure that the approval complies with the findings required by Subsection F. (Findings and decision), above.
H. Post decision procedures. The procedures and requirements relating to changes to approved plans, effective dates, lapse of approval and extensions, and transferability located in Division D6, Chapter III (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation/ modification located in Division D7, Chapter V (Enforcement), shall apply following the decision on an application for a Variance.
D6-30 - Zoning Clearances
A. Purpose. Zoning Clearance is the procedure used by the City to verify that a proposed structure or land use complies with the allowed list of activities allowed in the applicable zone, and the development and performance standards applicable to the use.
B. Applicability.
1. Where Division D2 (Allowable Land Uses and Zoning Standards) or other provisions of this Zoning Ordinance requires a Zoning Clearance as a prerequisite to establishing a new or modified land use or structure.
2. A Zoning Clearance shall be required where a land use is determined to be consistent with a (P) permitted use in Division D2 (Allowable Land Uses and Zoning Standards), but the proposed business operation or activity is not clearly associated with the definition of such land use.
3. A Zoning Clearance shall be required before any structure may be altered, constructed, erected, moved, or repaired or before any vacant land may be used or changed in use.
4. A Zoning Clearance shall be required at the time of Department review of any building, grading or other construction permit required by this Zoning Ordinance for the proposed land use or structure.
5. A new Zoning Clearance shall be required if changes are proposed to a land use for which a Zoning Clearance has been previously issued.
C. Applicable authority. The Zoning Administrator shall be the applicable authority for issuing Zoning Clearances.
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Packet Pg. 280 Attachment: Exhibit A-4 Division D6 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
25 In the event that a proposed use that is subject to the Zone Clearance process and which may be generally consistent with a zone, but whose effects on a site and surrounding properties cannot be readily determined, the Zoning Administrator may require a Minor Use Permit pursuant to section D6-
28. Additionally, the Zoning Administrator may refer any Minor Use Permit application to the Planning Commission for a public hearing and decision.
D. Review and form of approval.
1. Zoning Administrator review. The Zoning Administrator shall issue the Zoning Clearance only after first determining that the request complies with all Zoning Ordinance provisions applicable to the proposed use or structure.
2. Form of approval. A Zoning Clearance may be a stamp, City staff signature, or other official notation on approved plans, a letter to the applicant, or other certification, at the discretion of the Zoning Administrator.
E. Post decision procedures. The procedures and requirements relating to changes to approved plans, effective dates, lapse of approval and extensions, and transferability located in Division D6, Chapter III (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation/ modification located in Division D7, Chapter V (Enforcement), shall apply following the decision on an application for a Zoning Clearance
Chapter III – Permit Implementation, Time Limits, and Extensions Contents:
D6-31 - Purpose
D6-32 - Effective Dates
D6-33 - Performance Guarantees
D6-34 - Time Limits and Extensions
D6-35- Changes to an Approved Project
D6-36 - Permits to Run with the Land
D6-37 - Resubmittals
D6-38- Covenants of Easements
D6-31 - Purpose
This Chapter provides requirements for the implementation or “exercising” of the permits required by this Zoning Ordinance, including time limits, and procedures for extensions of time.
D6-32 - Effective Dates
The approval of a land use permit (e.g., Architectural Review, Development Plan, Planned Development Permit, Temporary Use Permit, Use Permit, or Variance) shall become effective on the 11th calendar day following the date of application approval by the appropriate review authority, where no appeal of the review authority's action has been filed in compliance with Chapter D7-II (Appeals and Calls for Review).
D6-33 - Performance Guarantees
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Packet Pg. 281 Attachment: Exhibit A-4 Division D6 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
26 A permit applicant may be required by conditions of approval or by action of the Zoning Administrator to provide adequate security to guarantee the faithful performance and proper completion of any approved work, and/or compliance with conditions of approval imposed by the review authority. The provisions of this Section apply to performance guarantees for projects authorized by any land use permits required by this Zoning Ordinance.
A. Form and amount of security. The required security shall be in a form approved by the Zoning Administrator, upon recommendation of the City Attorney. The amount of security shall be as determined by the Zoning Administrator to be necessary to ensure proper completion of the work and/or compliance with conditions of approval.
B. Security for maintenance. In addition to any improvement security required to guarantee proper completion of work, the Zoning Administrator may require security for maintenance of the work, in an amount determined by the Zoning Administrator to be sufficient to ensure the proper maintenance and functioning of the improvements.
C. Duration of security.
1. Improvement security. Required improvement security shall remain in effect until final inspections have been made and all work has been accepted by the Zoning Administrator, or until any warranty period required by the Zoning Administrator has lapsed.
2. Maintenance security. Maintenance security shall remain in effect for at least 12 months after the date of final inspection.
D. Release or forfeit of security.
1. Upon satisfactory completion of work and the approval of a final inspection (or after the end of the required time for maintenance security), the improvement and/or maintenance deposits or bonds shall be released.
2. Upon a determination by the Zoning Administrator that the responsible parties have failed, within a required time or an otherwise reasonable time period, to complete the work, to comply with all of the terms of any applicable permit, or in the event of a failure of the completed improvements to function properly, the City may do the required work or cause it to be done, and collect from the permittee or surety all the costs incurred by the City, including the costs of the work, and all administrative and inspection costs.
3. Any unused portion of the security shall be refunded to the funding source after deduction of the cost of the work by the City.
D6-34 - Time Limits and Extensions
A. Time limits.
1. Any planning permit or approval granted in compliance with Division D6, Chapter II (Permit Review and Decisions) that is not exercised within 12 months of its approval shall expire and become void, after being given notice and a hearing unless one of the following are met: a) the conditions of approval or other provisions of this Zoning Ordinance establish a different time limit; b) the property owner or applicant applied for all permits relating to project improvements and is working diligently to complete such improvements; or c) the property owner or applicant provided substantial evidence of use in progress to the satisfaction of the Community Development Director demonstrating that the property owner or applicant is working diligently and in good faith to complete any necessary improvements and commence upon the proposed use. The property owner or applicant may apply for an extension of time in compliance with Subsection B. (Extensions), below.
2. The planning permit shall not be deemed "exercised" until:
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27 a. A Building Permit has been issued and actual construction diligently commenced thereon and has not expired; or
b. A Certificate of Occupancy has been issued; or
c. The use is established (in operation on the site).
3. For the purposes of this Zoning Ordinance, actual construction shall mean the placing of construction materials in a permanent manner or demolition of existing structures preparatory to rebuilding; provided, that in all cases construction work shall be diligently pursued until completion of the subject structures.
4. The planning permit or approval shall remain valid after it has been exercised as long as a Building Permit is active for the project, or a final building inspection or Certificate of Occupancy has been issued.
5. If a project is to be developed in pre-approved phases, each subsequent phase shall be exercised within 12 months from the date that the previous phase was exercised, unless otherwise specified in the planning permit, or the planning permit shall expire and be deemed void. If the project also involves the approval of a Tentative Map, the phasing shall be consistent with the Tentative Map and the planning permit or approval shall be exercised before the expiration of the Tentative Map, or the planning permit or approval shall expire and be deemed void.
B. Extensions. Upon request by the applicant, the Zoning Administrator may extend the time for an approved planning permit to be exercised in the following manner.
1. The permittee shall file a written request for each extension of time with the Planning Services Division at least 10 days before the expiration of the permit, together with the filing fee required by the City’s Fee Schedule.
2. The burden of proof is on the permittee to establish with substantial evidence that the permit should not expire. If the Zoning Administrator determines that the permittee has proceeded in good faith and has exercised due diligence in complying with the conditions in a timely manner, the Zoning Administrator may grant a time extension to extend the permit, provided that the Zoning Administrator first finds that:
a. The requested extension is consistent with the General Plan, and any applicable specific plan, and the overall project remains consistent with those plans as they exist at the time the extension request is being considered;
b. The findings required by the original approval remain valid; and c. There are adequate provisions for public services and utilities (e.g., access, drainage, fire protection, sewers, water, etc.), to ensure that the requested extension would not endanger, jeopardize, or otherwise constitute a hazard to the public health, safety, or general welfare, or be injurious to the property or improvements in the vicinity and applicable zone.
3. Upon making the findings in subsection B.2., above, the Zoning Administrator may grant a maximum of three, 12-month time extensions from the effective date of an approved planning permit.
C. Hearing on expiration. The review authority shall hold a noticed hearing on any proposed expiration of a planning permit, in compliance with Chapter D7-IV (Public Hearings). (Ord. No. 496, § 2, 01/28/2020)
D6-35- Changes to an Approved Project
A new development project or land use authorized through a permit granted in compliance with this Zoning Ordinance shall be established only as approved by the review authority and subject to any conditions of approval, except where changes to the project, including conditions of approval, are approved in compliance with this Section.
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28 A. Request for change.
1. An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request.
2. Changes may be requested either before or after construction or establishment and operation of the approved use.
B. Minor changes. The Zoning Administrator may approve changes to an approved site plan, architecture, or the nature of the approved use if the changes:
1. Are consistent with all applicable provisions of this Zoning Ordinance;
2. Do not involve a feature of the project that was specifically addressed in, or was a basis for findings in a Negative Declaration (ND), Mitigated Negative Declaration (MND), or Environmental Impact Report (EIR) for the project;
3. Do not involve a feature of the project that was specifically addressed in, or was a basis for conditions of approval for the project or that was a specific consideration by the review authority in the original approval of the permit; and
4. Do not expand the approved floor area or any outdoor activity area by 10 percent or more over the life of the project.
C. Other changes. Changes to the project that are not included in Subsection B. (Minor changes), above, shall be reviewed by the Zoning Administrator to determine the appropriate process of review.
D6-36 - Permits to Run with the Land
A land use permit (e.g., Architectural Review, Development Plan, Minor Use Permit, Planned Development Permit, Temporary Use Permit, Use Permit, or Variance) granted in compliance with Division D6, Chapter II (Permit Review and Decisions) shall continue to be valid upon a change of ownership (e.g., of the site, structure, or use that was the subject of the permit application), provided that the use remains in compliance with all applicable provisions of this Zoning Ordinance and any conditions of approval.
D6-37 - Resubmittals
A. Resubmittals prohibited within 12 months. For a period of 12 months following the disapproval or revocation/modification of a discretionary land use permit, entitlement, or amendment decided in compliance with this Zoning Ordinance, no application for the same or substantially similar discretionary permit, entitlement, or amendment for the same site shall be submitted, unless the disapproval is made without prejudice, and so stated in the record.
B. Zoning Administrator’s determination. The Zoning Administrator shall determine whether the new application is for a discretionary land use permit or other approval which is the same or substantially similar to the previously disapproved or revoked permit, entitlement, or amendment.
C. Appeal. The determination of the Zoning Administrator may be appealed to the Commission, in compliance with Chapter D7-II (Appeals and Calls for Review).
D. Council waiver. The Council may waive the prohibition in Subsection A., above if the Council first finds that by reason of changed legal, physical, or sociological circumstances, reconsideration would be in the best interests of the City.
D6-38- Covenants of Easements
A. Applicability. When necessary to achieve the land use goals of the City, the City may require a property owner holding property in common ownership to execute and record a Covenant of Easement in favor of the City, in compliance with State law (Government Code Sections 65870 et seq.)
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29 1. A Covenant of Easement may be required to provide for emergency access, access to an on-site public art feature for maintenance, landscaping, light and air access, ingress and egress, parking, solar access, or for open space.
2. The Covenant of Easement may be imposed as a condition of approval by the review authority.
B. Form of covenant. The form of the Covenant shall be approved by the City Attorney, and the Covenant of Easement shall:
1. Describe the real property to be subject to the easement;
2. Describe the real property to be benefitted by the easement;
3. Identify the City approval or permit granted which relied on or required the Covenant; and
4. Identify the purposes of the easement.
C. Recordation. The Covenant of Easement shall be recorded in the County Recorder’s Office.
D. Effect of covenant. From and after the time of its recordation, the Covenant of Easement shall:
1. Act as an easement in compliance with Civil Code Section 801 et seq., except that it shall not merge into any other interest in the real property. Civil Code Section 1104 shall be applicable to the conveyance of the affected real property; and
2. Impart notice to all persons to the extent afforded by the recording laws of the State. Upon recordation, the burdens of the Covenant shall be binding on, and the Covenant shall benefit, all successors-in-interest to the real property.
E. Enforceability of covenant. The Covenant of Easement shall be enforceable by the successors-ininterest to the real property benefited by the Covenant and the City. Nothing in this Section creates standing in any person, other than the City, and any owner of the real property burdened or benefited by the Covenant, to enforce or to challenge the Covenant or any requested amendment or release.
F. Release of covenant. The release of the Covenant of Easement may be effected by the Commission, or the Council on appeal, following a noticed public hearing in compliance with Chapter D7-IV (Public Hearings).
1. The Covenant of Easement may be released by the City, at the request of any person, including the City or an affected property owner, on a finding that the Covenant, on the subject property, is no longer necessary to achieve the land use goals of the City.
2. A notice of the release of the Covenant of Easement shall be recorded by the Zoning Administrator with the County Recorder's Office.
G. Fees. The City shall impose fees to recover the City's reasonable cost of processing a request for a release. Fees for the processing shall be established by the City’s Fee Schedule.
Chapter IV – Development Agreements
Contents:
D6-39 - Purpose
D6-40 - Application Requirements
D6-41 - Pre-Application Process
D6-42 - Department Review and Recommendation
D6-43 - Public Hearing Required
D6-44 - Commission Action
D6-45 - Council Action
D6-46 - Annual Review
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30 D6-47 - Application of Existing Rules, Regulations, and Policies D6-48- Modification and Termination
D6-49 - Zoning Administrator Responsibilities
D6-39 - Purpose
A. Authorization of development agreements. In order to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development, the Legislature of the State of California adopted Government Code Section 65864 et seq., authorizing local governments to enter into development agreements with applicants for development projects.
B. Objective. The objective of an agreement is to provide assurances that, upon approval of the project, the applicant may proceed with the project in compliance with existing policies, rules, and regulations, subject to the conditions of approval, thus vesting certain development rights in the subject property.
C. Purpose. The purpose of this Chapter is to establish procedures and requirements for consideration of development agreements by the City consistent with State law.
D6-40 - Application Requirements
A. Compliance with State law required. An applicant may propose that the City consider entering into a development agreement in compliance with Government Code Section 65864 et seq., by filing an application with the Department.
B. Application requirements. An application for a development agreement shall be filed in compliance with Division D6, Chapter I (Permit Application Filling and Processing). The application shall be accompanied by the information identified in the Department handout for development agreement applications. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection D6-45 E. (Required findings), below.
D6-41 - Pre-Application Process
A. Authorization by the Council following pre-application process. Unless otherwise directed by the Zoning Administrator, City staff shall not begin to negotiate with the applicant until the Council has so authorized staff, following completion of the pre-application process identified below.
B. Review and preparation of Council recommendation. The Zoning Administrator shall review the proposal, consult with all City departments, obtain the additional information from the applicant as may be deemed necessary by the Zoning Administrator, and shall, within 45 calendar days of receipt of the proposal, prepare a report containing the Zoning Administrator’s recommendation to the Council.
C. The written recommendation shall consist of the following:
1. A statement of the potential public benefits accruing to the City if the agreement were entered into, as identified by the Zoning Administrator;
2. A recommendation whether the City should negotiate further with the applicant, with supporting arguments;
3. A statement of issues for further research and investigation, and issues that should be addressed in the development agreement;
4. A statement of those documents, applications, and other items required by the Zoning Administrator in order to further process the application or negotiate with the applicant.
D. The Council shall either:
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Packet Pg. 286 Attachment: Exhibit A-4 Division D6 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
31 1. Direct City staff to continue negotiating with the applicant, and to prepare a proposed development agreement for Commission review; or
2. Determine that no further negotiations are desirable and reject the application.
D6-42 - Department Review and Recommendation
Unless the project is categorically exempt, the Department shall, at the applicant's expense and in compliance with City procedures for implementation of CEQA, undertake environmental review and, upon completion of the review, transmit the application, together with the Zoning Administrator's recommendations to the Commission.
D6-43 - Public Hearing Required
A. Determination of compliance with the General Plan. Upon receipt of an application, the results of the environmental review, and the recommendations of the Department, the Commission shall schedule a public hearing to determine whether the proposal conforms to the General Plan.
B. Scheduling of Commission hearing. The Commission hearing shall be scheduled within 180 days following Council authorization to staff to negotiate with the applicant, unless the City and the applicant mutually agree to a later date.
C. Compliance with State law. Notice of intention to consider the application shall be given in compliance with State law (Government Code Sections 65090 and 65091) and Chapter D7-IV (Public Hearings).
D. Compliance with notice for companion development project. If the development agreement application is being processed together with the development project, notice of the intention shall be given as required for consideration of the companion development project.
D6-44 - Commission Action
A. Commission’s recommendation. After the public hearing is closed, the Commission shall recommend either approval, modification, or disapproval of the proposed development agreement.
B. Transmittal of recommendation within 30 days. The Commission shall transmit its recommendation to the Council and applicant within 30 calendar days following the Commission’s date of action.
D6-45 - Council Action
A. Scheduling of Council hearing. Upon receipt of the application, the results of the environmental review, and the recommendations of the Department and the Commission, the Council shall schedule a public hearing on the application.
B. Notice in compliance with State law. Notice of intention to consider the application shall be given in compliance with Subsection D6-43 C. (Compliance with State law), above.
C. Hearing may be held concurrently with companion project. If the application is being processed together with the development project, the public hearing on the application may be held concurrently with the hearing on the companion development project.
D. Council’s action. After the public hearing is closed, the Council shall approve, modify, or disapprove the proposed development agreement.
E. Required findings. An agreement shall not be approved unless the Council makes the following findings:
1. The agreement is consistent with the General Plan and with any applicable specific plan;
2. The agreement is consistent with all provisions of this Zoning Ordinance, the Municipal Code, and the State Subdivision Map Act;
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32 3. The agreement will not be detrimental to the health, safety, and general welfare and will not adversely affect the orderly development of property or the preservation of property values;
4. The Council has considered the effect of the development agreement on the housing needs of the region in which the City is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources.
F. Approval by ordinance. Any approval of a proposed agreement shall be made by ordinance, which shall authorize the Mayor and the City Manager to sign the agreement on behalf of the City, and shall become effective after 30 calendar days following the second reading, unless a referendum is filed within that time in compliance with State law.
G. Signatures of owner and applicant required. The agreement shall not be signed by the Mayor and the City Manager until it has been duly signed by the applicant and owner, if the applicant is not the owner.
H. Failure to sign within 30 days – withdrawal of application. If the applicant has not signed and returned the approved agreement to the Mayor and the City Manager for signing within 30 calendar days of Council approval, the application shall be deemed withdrawn by applicant.
I. Recordation of agreement. Within 10 calendar days after the Mayor and the City Manager sign a development agreement and the ordinance becomes effective, the City Clerk shall cause a copy thereof to be recorded.
J. Modification or suspension in compliance with State law. All agreement provisions are subject to modification or suspension in compliance with State law (Government Code Section 65864 et seq.) D6-46 - Annual Review
Each development agreement shall be reviewed by the Planning Director at least once every 12 months, unless the agreement provides for more frequent review, in which case the agreement shall prevail.
A. Maximum term of agreement. A development agreement shall be limited in its term to a maximum of 15 years from the effective date of the adopted ordinance.
B. Extension of term of agreement. The City may specify in the agreement options to extend the agreement.
C. Purpose of the review. The purpose of the review shall be to inquire into the good faith compliance of the applicant with the terms and conditions of the agreement and for any other purpose specified in the agreement.
D. Preparation of report. Before each review, the Department shall prepare a report relative to all development that has occurred under the agreement subsequent to the last past review and any other matters the Department wishes to bring to the City Manager's attention.
E. Compliance with all terms and conditions – no further review required. If the Department review determines that all terms and conditions of the agreement have been met, and the Planning Director concurs in writing, no further review shall be required.
F. Recommendation for modification or termination – Commission hearing first required. If the Department report recommends modification or termination of the agreement, or if the Zoning Administrator proposes to make a recommendation to the Council, a public hearing before the Commission shall first be scheduled and conducted.
G. Notice in compliance with State law. Notice of the Commission’s intention to modify or terminate the agreement shall be given in compliance with Subsection D6-43 C. (Compliance with State law), above.
H. Applicant’s responsibility during hearing. At the hearing the applicant shall have the burden of demonstrating good faith compliance with the terms and conditions of the agreement.
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33 I. Commission’s recommendation. After closing the public hearing, the Commission shall determine whether to recommend that the agreement be terminated, modified, or confirmed as is.
J. Scheduling of Council hearing. Upon receipt of the Zoning Administrator's or Commission's recommendation, the Council shall schedule a public hearing.
K. Notice in compliance with State law. Notice of the Council’s intention to modify or terminate the agreement shall be given in compliance with Subsection D6-43 C. (Compliance with State law), above.
L. Council’s action to modify or terminate the agreement. If, after the public hearing is closed, the Council finds and determines on the basis of substantial evidence that the applicant or its successorin-interest has not complied in good faith with the terms and conditions of the agreement, the Council may modify or terminate the agreement.
M. Compliance with Section D6-48 required. Any modification or termination shall be in compliance with Section D6-48 (Modification and Termination), below.
D6-47 - Application of Existing Rules, Regulations, and Policies A. Applicable policies, regulations, and rules. Unless otherwise provided by the development agreement, the official policies, regulations, and rules applicable to development of the property subject to a development agreement, shall be those official policies, regulations, and rules in force at the time of execution of the agreement.
B. Vesting only in compliance with agreement. No rights shall be deemed to vest in the applicant, or any other person, under any development agreement, except as expressly identified in the development agreement.
D6-48- Modification and Termination
A. Amendment, cancellation, modification, or termination of agreement. Any development agreement may be amended, or canceled in whole or in part, by mutual consent of the applicant (or its successorin-interest) and the City, or it may be modified or terminated in compliance with this Section and Section D6-46 (Annual Review), above.
B. Notice of intention to take action.
1. Notice of intention to take any action shall be given in compliance with Subsection D6-43 C. (Compliance with State law), above.
2. The parties may identify an alternative notice procedure in the agreement for processing insubstantial amendments.
C. Compliance with State law required. Any significant amendment shall be subject to the provisions of State law (Government Code Section 65867.5).
D6-49 - Zoning Administrator Responsibilities
The Zoning Administrator shall prepare and adopt application forms, check-lists, and other documents as considered necessary and desirable to implement the procedures and requirements identified in this Chapter.
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1 Division D7 Zoning Ordinance Administration
Contents:
Chapter I - Nonconforming Uses, Structures, and Parcels Chapter II - Appeals and Calls for Review
Chapter III - Amendments
Chapter IV - Public Hearings
Chapter V - Enforcement
Chapter I - Nonconforming Uses, Structures, and Parcels Contents:
D7-1 - Purpose
D7-2- Nonconforming Uses
D7-3- Nonconforming Structures
D7-4 - Nonconforming Parcels
D7-5 - Exemptions
D7-6 - Unlawful Uses and Structures
D7-7 - Nuisance Abatement
D7-1 - Purpose
A. Purpose. This Chapter provides regulations for nonconforming uses, structures, and parcels that were lawful before the adoption, or amendment of this Zoning Ordinance, but which would be prohibited, regulated, or restricted differently under the current terms of this Zoning Ordinance, or future amendments.
B. Intent. It is generally the intent of this Chapter to discourage the long-term continuance of nonconformities, providing for their eventual elimination, while allowing them to exist under the limited conditions identified in this Chapter.
C. Detrimental to orderly development. The continuance of a nonconforming use or structure is generally detrimental to the orderly development of the City and the general welfare of its residents and is particularly detrimental to the welfare of persons and property in the vicinity of any nonconformity.
D. Illegal use or structure. Any use or structure which was established or constructed in violation of the applicable zoning regulations in effect at the time of establishment or construction and which is not in conformity with the applicable regulations of this Zoning Ordinance, is not a nonconforming use or structure, and the use or structure is in violation of this Zoning Ordinance.
D7-2- Nonconforming Uses
A. Continued, transferred, or sold. Nonconforming uses may be continued, transferred, or sold, but only in compliance with the provisions of this Chapter.
B. Replacing nonconforming uses with similar uses.
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2 1. A nonconforming use may be changed to another nonconforming use of a similar or more restricted classification or nature; provided, the proposed new nonconforming use would not increase the degree or intensity of the nonconformity.
2. The replacement nonconforming use shall serve as the "new bench mark" in terms of establishing the acceptable level of nonconformity.
3. Where a nonconforming use is changed to another nonconforming use of a more restrictive classification, it shall not thereafter be changed to a use of a less restrictive classification.
C. Enlargement or expansion of use not allowed.
1. Nonconforming use of land. A nonconforming use of land which does not involve any structure, except accessory structures, shall not be enlarged or expanded in size or capacity, or extended to occupy a greater area, or increased in intensity. "Accessory structures," as used in this Subsection, include driveways, fences, parking areas, signs, walls, or minor structures less than 400 square feet in area.
2. Nonconforming use of a structure. Changes to a nonconforming use of a structure by addition, enlargement, extension, reconstruction, or relocation, may be allowed only if the changes comply with all of the regulations of the subject zone and the following provisions:
a. A nonconforming use of a structure may only be expanded or enlarged in size or capacity, or extended to occupy a greater area, or increased in intensity through the approval of a Minor Use Permit granted in compliance with Section D6-28.
b. In approving the Minor Use Permit, the Zoning Administrator shall make the following finding, in addition to those identified in Section D6-28: The enlargement, expansion, extension, or increase would not increase the degree or the detrimental effects of the nonconformity.
D. Loss of nonconforming status.
1. If a nonconforming use of land, or a nonconforming use of a conforming structure, is discontinued for a continuous period of at least 180 calendar days, the rights to legal nonconforming status shall terminate.
2. The nonconforming use shall not be resumed once the use has ceased for at least 180 days.
3. A nonconforming use shall be deemed to have ceased when it has been discontinued, either temporarily or permanently, whether or not the discontinuance was with the intent to abandon the use.
4. The Zoning Administrator shall base a determination of discontinuance on evidence including the removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or no business receipts/records to document continued operation.
5. Without further action by the City, any further use of the site shall comply with all of the regulations of the subject zone and all other applicable provisions of this Zoning Ordinance.
D7-3- Nonconforming Structures
A. Continued, transferred, or sold. Nonconforming structures may be continued, transferred, or sold, but only in compliance with the provisions of this Chapter.
B. Nonconforming status. Except as provided by Section D7-5.D (Nonconforming single- and multi-family dwelling units), below, the nonconforming status shall terminate if a nonconforming structure is involuntarily damaged or destroyed by earthquake, explosion, fire, flood, riot, war, wind, or other calamity or act of Nature; provided, the structure may be repaired and reoccupied only in the following manner:
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Packet Pg. 291 Attachment: Exhibit A-5 Division D7 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
3 1. When damage equals 50 percent or less. A nonconforming structure involuntarily damaged to 50 percent or less of its current market value (as defined in Subsection B.5.b., below) may be reconstructed, repaired, restored, and used as before; provided, the restoration is initiated (as defined in Subsection B.5.a., below) within 180 days, and is substantially completed within 12 months from the date of application for the required Building Permit.
2. When damage equals greater than 50 percent. A nonconforming structure involuntarily damaged to greater than 50 percent of its current market value (as defined in Subsection B.5.b., below) shall not be reconstructed, repaired, or restored, except in conformity with the applicable requirements of the subject zone.
3. Ordinary repair and maintenance allowed. The ordinary and normal repair and maintenance work that may be required to keep a nonconforming structure in sound condition may be made in compliance with this Subparagraph; provided, no structural alterations or repairs shall be made, except those required by law or may be authorized under Subsection B.1., above. A nonconforming structure may undergo ordinary and normal repair and maintenance only in the following manner:
a. Minor. Minor normal repair and maintenance may be made to a nonconforming structure:
1. Provided, no structural alterations are made (exception: see following Subparagraph a (2)), and the work does not exceed 50 percent of the current market value of the structure during any calendar year period;
2. When required structural alteration work is greater than 50 percent of the current market value of the structure, the work shall be subject to Minor Use Permit approval in compliance with Section D6-28; and
3. For purpose of this Subparagraph the cost of any required foundation work shall not be counted within the 50 percent limitation.
b. Major. Major repair to a nonconforming structure, when the cost of repairing or replacing the damaged portion of the structure exceeds 50 percent of the current market value of the structure, before damage or destruction, may be made only in compliance with Subparagraphs B.2 and B.3.a(2), above.
4. Other modifications allowed. The addition, enlargement, extension, reconstruction, or structural alteration of a nonconforming structure may be allowed; provided, the modification is necessary to secure added safety or to reduce the fire hazard and/or to secure aesthetic advantages through the alignment, architecture, or closer conformity to surrounding allowed structures in the immediate neighborhood, and only in compliance with Subparagraphs B.2 and B.3a (2), above.
5. Definitions.
Restoration is initiated. As used in this Subsection, “restoration is initiated” requires that, at a minimum, a complete Building Permit application has been filed.
Current market value.
1. As used in this Subsection, “current market value” is the market value of the structure immediately before the occurrence of the damage.
2. For purposes of administering the provisions of this Subsection, the applicant shall submit an appraisal from a licensed appraiser and the City's Building Official shall verify the appraiser’s determination of the current market value of the damaged structure, which determination shall be final, unless appealed in compliance with Division D7, Chapter II (Appeals and Calls for Review).
D7-4 - Nonconforming Parcels
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Packet Pg. 292 Attachment: Exhibit A-5 Division D7 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and City of San Ramon, CA | Municipal Code
4 A. Legal building site. A nonconforming parcel that does not comply with the applicable area or width or depth requirements of this Zoning Ordinance shall be considered a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the Zoning Administrator by evidence furnished by the applicant.
1. Approved subdivision. The parcel was created by a recorded subdivision;
2. Individual parcel legally created by deed. The parcel is under one ownership and of record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the parcel nonconforming;
3. Variance or lot line adjustment. The parcel was approved through the Variance procedure or resulted from a lot line adjustment;
4. Partial government acquisition. The parcel was created in compliance with the provisions of this Zoning Ordinance, but was made nonconforming when a portion was acquired by a governmental entity so that the parcel size is decreased not more than 20 percent and the yard facing a public right-of-way was decreased not more than 50 percent, or B. Subdivision or lot line adjustment of a nonconforming parcel. No subdivision or lot line adjustment shall be approved that would increase the nonconformity of an existing parcel or any nonconforming use on the parcel.
D7-5 - Exemptions
A. Historic structures. Nonconforming structures of historical significance may be altered or enlarged with Minor Use Permit approval granted in compliance with Section D6-28, without conforming to current setback provisions; provided, the historic structure is:
1. Included in a San Ramon Landmark District;
2. Listed as an historic resource;
3. Has been certified to be an historic resource by the City, County, or State, or in the Federal Register of Historic Places; and
4. To be altered or enlarged as an authentic replica of the original structure(s).
B. Height of single-family dwellings. An existing single family dwelling that is nonconforming only because it exceeds the height limit of the applicable zone, shall not be required to comply with the provisions of this Chapter.
C. Single-family residences and detached residential accessory structures. Where a single family residence, or its detached accessory structure(s), is nonconforming only by reason of substandard setbacks, the provisions of this Section shall not apply; provided, any structural alteration of a nonconforming structure shall not increase the degree of nonconformity, and any enlargements shall comply with the setback requirements of the subject zone.
D. Nonconforming single- and multi-family dwelling units.
1. Nonconforming single- and multi-family dwelling units that have been involuntarily damaged or destroyed by earthquake, explosion, fire, flood, riot, war, wind, or other calamity or act of Nature, may be reconstructed or replaced with a new structure using the same development standards applied to the damaged or destroyed structure (e.g., building footprint, building height, density standards, number of dwelling units, setbacks, and square footage); provided:
a. The applicant provides documentation, satisfactory to the Zoning Administrator, supporting the claim that the damage or destruction occurred involuntarily; b. No expansion of the gross floor area or number of dwelling units occurs; c. The replacement structure:
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5 1. Complies with the Building Code; and
2. Will not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the immediate vicinity of the replacement structure. d. A Building Permit is issued no later than 12 months after the date of destruction, and construction is diligently pursued to completion.
2. If the preceding requirements are not met, the replacement structure shall comply with all of the regulations of the subject zone in effect on the date of application for the required Building Permit.
E. Seismic retrofitting.
1. Alterations, reconstruction, or repairs otherwise required by law (e.g., City adopted Building, Electrical, Plumbing Codes) shall be allowed.
2. Reconstruction required to reinforce unreinforced masonry structures or to comply with Building Code requirements shall be allowed without cost limitations; provided, the retrofitting and Code compliance are limited exclusively to compliance with earthquake safety standards and other applicable Building Code requirements.
F. Nonconforming upon annexation. Nonconforming uses or structures, or both, which are lawfully existing at the time the property on which they are located is annexed to the City, and which do not conform to the regulations of the subject zone following annexation, shall be deemed nonconforming uses or structures, or both, and shall, upon annexation, be subject to the provisions of this Chapter.
G. Nonconforming due to a lack of a Minor Use Permit or Use Permit.
1. Conformity of uses requiring Minor Use Permit or Use Permits. A use lawfully existing without a Minor Use Permit or Use Permit that would be required by this Zoning Ordinance to have Minor Use Permit or Use Permit approval, in compliance with Section D6-28, shall be deemed conforming, but only to the extent that it previously existed (e.g., maintain the same site area boundaries, hours of operation, etc.)
2. Previous Minor Use Permits or Use Permits in effect. A use that was authorized by a Minor Use Permit or Use Permit but is not allowed by this Zoning Ordinance in its current location may continue, but only in compliance with the original Minor Use Permit or Use Permit (e.g., if the original Minor Use Permit or Use Permit specified a termination date, then the use shall terminate in compliance with the requirements of the Minor Use Permit or Use Permit.) H. Previous permits.
1. A use or structure which does not conform to the current regulations of the subject zone, but for which a Building Permit, or a permit or entitlement approved in compliance with this Zoning Ordinance, was issued and exercised before the applicability of this Zoning Ordinance, may be completed; provided, the work is diligently pursued to completion.
2. Upon completion, these uses or structures, or parts thereof, shall be deemed to be nonconforming and shall thereafter be subject to the provisions of this Chapter.
3. For the purposes of this Subsection, the provisions of Section D-6-34 (Time Limits and Extensions) shall govern the determination of whether the permit or entitlement has been exercised in a timely manner.
I. Public utilities. The provisions of this Chapter, concerning the required removal of nonconforming uses and structures, and the reconstruction of nonconforming structures partially destroyed, shall not apply to public utility structures when the structures pertain directly to the rendering of the service of distribution of a utility (e.g., electric distribution and transmission substations, gas storage, metering, and valve control stations, steam electric generating stations, water wells and pumps, etc.); nor shall any provision of this Chapter be construed to prevent the expansion, modernization, or replacement
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6 of the public utility structures, equipment, and features, that are used directly for the delivery of or distribution of the service.
J. Public acquisition.
1. Nonconforming due to public acquisition. Whenever any structure or parcel is rendered nonconforming within the meaning of this Chapter by reason of a reduction in a required parcel area, reduction of off-street parking facilities, or setbacks occurring solely by reason of dedication to, or purchase by, the City for any public purpose, or eminent domain proceedings, which result in the acquisition by the City or any agency authorized for the eminent domain proceedings of a portion of the property, the same shall not be deemed nonconforming within the meaning of this Chapter.
2. Required reconstruction, remodeling, or repair. Any required reconstruction, remodeling, or repair shall be limited to that necessary to render the structure reasonably safe for continued use; provided, all reconstruction, remodeling, or repair work shall be substantially completed within 12 months from the date of application for the required Building Permit.
D7-6 - Unlawful Uses and Structures
A. Unlawful uses and structures are in violation. Uses and structures which did not comply with the applicable provisions of this Zoning Ordinance or prior planning and zoning regulations when established are violations of this Zoning Ordinance and are subject to the regulations of the Municipal Code.
B. No right to continue occupancy. This Chapter does not grant any right to continue occupancy of property containing an illegal use or structure.
C. Can’t continue without required permits. The activity shall not be lawfully allowed to continue unless/until permits or entitlements required by this Zoning Ordinance and the Municipal Code are first obtained.
D7-7 - Nuisance Abatement
A. Not applicable to public nuisances. The provisions of this Chapter shall not apply to a use or a structure which is, or which becomes, a public nuisance.
B. Continuance of public nuisances prohibited. The provisions of this Chapter do not allow, and shall not be interpreted to allow, the continuation of a use or structure which is deemed a public nuisance or which is prohibited or otherwise made unlawful, in whole or in part, by the Municipal Code (including the Building Code, Fire Code, Zoning Ordinance, etc.) or by laws enacted by the State or Federal government which are applicable to this City.
C. Enforcement actions. In the event that a nonconforming use or structure is found to constitute a public nuisance, appropriate action shall be taken by the City, in compliance with the Municipal Code. A violation of the Zoning Ordinance can be deemed to be evidence of a public nuisance.
Chapter II - Appeals and Calls for Review
Contents:
D7-8- Purpose
D7-9 - Right of Appeal
D7-10 - Time Limits for Appeals and Calls for Review
D7-11 - Initiation of Appeals and Calls for Review
D7-12 - Procedures for Appeals and Calls for Review
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7 D7-13 - Effective Dates
D7-14 - New Appeal
D7-8- Purpose
A. Appeals. To avoid results inconsistent with the purposes of this Zoning Ordinance, any decision made in compliance with this Zoning Ordinance:
1. Zoning Administrator. Decisions made by the Zoning Administrator may be appealed to the Commission; and
2. Commission. Decisions made by the Commission may be appealed to the Council.
B. Calls for Review. As an additional safeguard to avoid results inconsistent with the purposes of this Zoning Ordinance, any decision of:
1. Zoning Administrator. The Zoning Administrator may be called up for review by the Commission; and
2. Commission. The Commission may be called up for review by the Council.
D7-9 - Right of Appeal
An appeal may be initiated by the applicant or any interested person.
D7-10 - Time Limits for Appeals and Calls for Review
A. Appeals by applicant or other interested parties. An appeal of a decision by an applicant or other interested party shall be initiated within 10 calendar days of the date of the decision.
B. Time limits. When the appeal period ends on a weekend or holiday, the time limits shall be extended to the next working day.
C. Calls for Review. Calls for Review shall be initiated before the end of the appeal periods identified in Subsections A. and B., above, which is the effective date of the decision to be reviewed.
D7-11 - Initiation of Appeals and Calls for Review
A. Filing of an appeal. An appeal accompanied by the fee identified in the City’s Fee Schedule shall be filed with the City Clerk on a form provided and shall state specifically the following information:
1. The specific determination or interpretation that is claimed to be not in compliance with the purposes of this Zoning Ordinance;
2. The specific facts that are claimed to be in error or an abuse of discretion;
3. The specific facts of the record which are claimed to be inaccurate; or
4. The specific decision that is claimed to be unsupported by the record.
B. Calls for Review. A Call for Review shall be filed by a member of the Commission or the Council with the Zoning Administrator stating the reasons for the review before the effective date of the decision to be reviewed in compliance with Section D7-8 (Purpose and Authorization for Appeals and Calls for Review), above.
C. Effect on decisions. The timely filing of an appeal or a Call for Review shall cause a stay (e.g., shall temporarily vacate all proceedings associated with the matter subject to the appeal) in the effective date of the action or decision from which the appeal or a Call for Review has been taken until a final decision on the matter has been rendered by the appropriate review authority.
D7-12 - Procedures for Appeals and Calls for Review
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8 A. Hearing date. An appeal or Call for Review shall be scheduled for a hearing before the appellate body within 60 calendar days of the City's receipt of an appeal unless both the applicant and appellant consent to a later date.
B. Notice and public hearing.
1. An appeal or Call for Review hearing shall be a public hearing only if the decision being appealed or reviewed required a public hearing.
2. Notice of the public hearing shall be given in the same manner required for the decision being appealed or reviewed in compliance with Division D7, Chapter IV (Public Hearings).
C. Plans and materials.
1. At an appeal or Call for Review hearing, the appellate body shall conduct a hearing “de novo” and may consider new materials and testimony in addition to the same application, plans, and related project materials that were the subject of the original decision.
2. The City Clerk shall advise the appellate body as to compliance with this provision.
D. Hearing. At the hearing, the appellate body shall review the record of the decision and hear testimony of the appellant, the applicant, and any other interested party.
E. Decision and notice.
1. After the hearing, the appellate body shall affirm, modify, or reverse the original decision.
2. The appellate body’s decision shall be supported by the weight of the evidence presented at the hearing.
3. Decisions on appeals or Calls for Review shall be rendered within 30 calendar days of the close of the hearing.
4. The notice shall be mailed within five working days after the date of the decision to the applicant, the appellant, and any other party requesting notice.
F. Failure to act. Failure of the appellate body to act within the time limits identified in Subsections A. and E., above shall be deemed affirmation of the original decision.
D7-13 - Effective Dates
A. Commission decision. A decision by the Commission regarding an appeal or Call for Review shall become final 10 calendar days after the effective date of the decision, unless appealed to the Council in compliance with this Chapter.
B. Council decision. A decision by the Council regarding an appeal or Call for Review shall become final on the effective date of the decision.
D7-14 - New Appeal
Following disapproval of an appeal or certification of a decision called for review, any matter that is the same or substantially the same shall not be considered by the same appellate body within the following 12-month period, unless the disapproval or certification was made without prejudice, and so stated in the record.
Chapter III - Amendments
Contents:
D7-15- Purpose
D7-16 - Initiation of Amendment
D7-17 - Application Requirements
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9 D7-18 - Public Hearing Scope and Notice
D7-19 - Duties of the Commission
D7-20 - Duties of the Council
D7-21 - Revisions of Proposed Amendments
D7-22 - Post Decision Procedures
D7-15- Purpose
This Chapter provides procedures for the amendment of the General Plan, the Zoning Map, or this Zoning Ordinance whenever it is determined public necessity and general welfare require an amendment.
A. General Plan. A General Plan amendment may include revisions to text or diagrams.
B. Zoning Map. A Zoning Map amendment has the effect of rezoning property from one zone to another.
C. Zoning Ordinance. A Zoning Ordinance amendment may modify a standard, requirement, or procedure applicable to land use or development within the City.
D7-16 - Initiation of Amendment
A. General Plan or Zoning Map.
1. Methods of initiation. Amendments to the General Plan or Zoning Map shall be initiated in compliance with the following:
a. Motion of the Council;
b. Motion of the Commission;
c. Action of the Zoning Administrator; or
d. A petition of the owner or authorized agent of property for which the amendment is sought.
2. If under multiple ownership. If property that is the subject of a petition is under more than one ownership, all of the owners or their authorized agents shall join in filing the petition.
B. Zoning Ordinance. Amendments to this Zoning Ordinance shall be initiated in compliance with the following:
1. Motion of the Council;
2. Motion of the Commission;
3. Action of the Zoning Administrator; or
4. A petition of any resident, property owner, or business owner in the City.
D7-17 - Application Requirements
A property owner or an authorized agent of the owner, initiated amendment application shall be filed in compliance with Chapter D6-1 (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for amendment applications. It is the responsibility of the applicant to provide evidence in support of the findings required by Section D7-
19.B (Recommendation to Council), below.
D7-18 - Public Hearing Scope and Notice
A. Scope.
1. The Zoning Administratorshall set a date, time, and place for the public hearing and prepare a report to the Commission on an application of a property owner for a General Plan or Zoning Map amendment, or a petition for an amendment to this Zoning Ordinance. It should be noted that
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10 Amendments to the General Plan are governed by Measure G adopted by the voters of San Ramon on March 5, 2002.
2. The report shall describe the area or subject to be considered for change and, if warranted, proposing alternative amendments.
B. Notice of the hearing. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Division D7, Chapter IV (Public Hearings).
C. Multiple applications. The Commission may schedule a combined public hearing on multiple applications for General Plan, Zoning Map, or Zoning Ordinance amendments.
D7-19 - Duties of the Commission
A. Public hearing. At the time and place set for the public hearing, the Commission shall consider the report of the Zoning Administrator and shall hear evidence for and against the proposed amendment.
The Commission may continue the public hearing to a definite date and time without additional notice.
The Commission shall hold a minimum of three public hearings for each General Plan amendment.
Pursuant to Measure G, for amendments to the General Plan, a recommendation to the City Council shall require a 4/5th vote of the Commission.
B. Recommendation to Council. Following its final public hearing, the Commission shall make specific findings as to whether the proposed zoning regulation or General Plan or Zoning Map amendment is consistent with the General Plan and this Zoning Ordinance, and shall recommend approval, conditional approval, or disapproval of the proposed amendment as submitted or in a modified form.
D7-20 - Duties of the Council
A. Hearing date and notice.
1. Council shall set a date and time.
a. Zoning Map and Zoning Ordinance amendments. Upon receipt of the Commission’s recommendation for an amendment to the Zoning Map or this Zoning Ordinance, the Council shall set a date and time for one or morea public hearings to consider the proposed amendment. b. General Plan amendments. Upon receipt of the Commission’s recommendation for an amendment to the General Plan, the Council shall set dates and times for, and conduct a minimum of threeone or more public hearings for each General Plan amendment.
2. Time for hearings. The required hearings shall be held within 60 calendar days of the date of filing of the Commission’s recommendation.
3. Notice required. Notice of the public hearings shall be provided, and the hearing shall be conducted in compliance with Division D7, Chapter IV (Public Hearings).
B. Public hearing. At the time and place set for the public hearing, the Council shall hear evidence for and against the proposed amendment. The Council may continue the public hearing to a definite date and time without additional notice.
C. Council decision.
1. Council action on amendment. After the public hearing the Council shall approve, modify, or reject the Commission recommendation; provided, a modification not previously considered by the Commission shall be referred to the Commission for a report before adoption of an ordinance approving the amendment, consistent with the requirements of Government Code Section 65857.
2. Failure of the Commission to report back to the Council. Failure of the Commission to report within 40 calendar days after referral, or a longer period designated by the Council, shall be deemed recommending approval of the proposed modification.
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11 3. Required findings. Pursuant to Measure G, amendments to the General Plan require a 4/5th vote of the Council substantially consistent with the 4/5th recommendation of the Commission. Before adoption of an ordinance (or resolution in the case of a General Plan amendment), the Council shall make findings that the proposed amendment is consistent with the policies of the General Plan and the notice and hearing provisions of this Zoning Ordinance.
D7-21 - Revisions of Proposed Amendments
At or after a public hearing, the Commission or the Council may determine that the public interest would be served by:
1. Reviseing General Plan or Zoning Map amendment. Revising the boundaries of an area proposed for a General Plan or Zoning Map amendment;
2. Considering other General Plan or Zoning Map designations. Considering General Plan or Zoning Map designations not originally presented in a motion, petition, or Commission recommendation; or
3. Considering other amendments to this Zoning Ordinance. Considering Zoning Ordinance amendments not originally presented in a motion, petition, or Commission consideration.
D7-22 - Post Decision Procedures
The procedures and requirements in Chapters D-64 (Permit Implementation, Time Limits, and Extensions) including resubmittals, and D-72 (Appeals and Calls for Review), and those in this Division shall apply following the decision on an application for an amendment to the General Plan, Zoning Map, or this Zoning Ordinance.
Chapter IV - Public Hearings
Contents:
D7-23 - Purpose
D7-24 - Notice of Hearing
D7-25 - Scheduling of Hearing
D7-26 - Hearing Procedure
D7-27- Review Authority Decision and Notice
D7-28 - Recommendation by Commission
D7-29- Effective Date of Decision
D7-23 - Purpose
This Chapter establishes procedures for public hearings before the Zoning Administrator, Commission, and Council.
D7-24 - Notice of Hearing
When a land use permit, or other matter requires a public hearing, the public shall be provided notice of the hearing in compliance with Government Code Sections 65090, 65091, 65094, and 66451.3, and Public Resources Code 21000 et seq., and as required by this Chapter.
A. Contents of notice. Notice of a public hearing shall include:
1. Hearing information. The date, time, and place of the hearing and the name of the review authority; a brief description of the City's general procedure concerning the conduct of hearings and decisions
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12 (e.g., the public’ right to appear and be heard); and the phone number and street address of the Department, where an interested person could call or visit to obtain additional information;
2. Project information. The date of filing of the application and the name of the applicant; the City's file number assigned to the application; a general explanation of the matter to be considered; and a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing; and
3. Statement on environmental document. If a proposed Negative Declaration or final Environmental Impact Report has been prepared for the project in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City’ Environmental Guidelines, the hearing notice shall include a statement that the review authority will also consider approval of the proposed Negative Declaration or certification of the final Environmental Impact Report.
B. Method of notice distribution. Notice of a public hearing required by this Chapter for a land use permit, amendment, or appeal shall be given as follows, as required by State law (Government Code Sections 65090, and 65091, and 65854).
1. Mailed notice.
a. Who shall receive notice. Notice shall be mailed or delivered at least 10 calendar days before the scheduled hearing, or if a proposed ordinance or amendment affects the permitted uses of real property, the notice shall be published, posted, mailed, and delivered, or advertised, as applicable, at least 20 days before the hearing to the following:
1. Owners of proposed site. The owners of the property being considered in the application, or the owners' agent, and the applicant.
2. Local agencies. Each local agency expected to provide schools, water, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected.
3. Property owners. All owners of the real property shown on the latest equalized assessment roll within a radius of 300 feet of the exterior boundaries of the parcel that is the subject of the hearing.
4. Persons requesting notice. Any person who has filed a written request for notice with the Zoning Administrator and has paid the fee established by the City’ Fee Schedule for the notice.
2. Additional notice required. If the notice is mailed as required in Subparagraph B.1, above, the notice shall also either be:
a. Published. Published at least once in a newspaper of general circulation in the City at least 10 or 20 days, as applicable, before the scheduled hearing; or b. Posted. Posted at the Department and at two other public locations in the City at least 10 or 20 days, as applicable, before the scheduled hearing.
3. Alternative to mailed notice. If the number of property owners to whom notice would be mailed in compliance with Subsection B.1, above is more than 1,000, the Zoning Administrator may choose to provide the alternative notice allowed by Government Code Section 65091(a)(3).
4. Additional optional notice. In addition to the types of notice required by this Subsection, the Zoning Administrator may provide additional notice with content or using a distribution method as the Zoning Administrator determines is necessary or desirable (e.g., use of a greater radius for notice, use of the Internet, etc).
C. Notice for continued public hearing items. As determined by the Zoning Administrator, in combination with the sensitivity of the proposed project, notice for continued public hearing items may occur in the following manner:
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13 1. Announcement at previous public hearing. Items continued to a date, time and location certain at the previous public hearing shall constitute the required notification for the future public hearing.
2. Mailed notice. See subsection D7-24.B.1 above.
3. Posted notice. Notice may also be provided in accordance with subsection D7-24.B.2 and B.3 above.
D7-25 - Scheduling of Hearing
After the completion of environmental documents required by the California Environmental Quality Act (CEQA) and the City’s Environmental Guidelines, the matter shall be scheduled for public hearing on a Zoning Administrator, Commission, or Council agenda (as applicable).
D7-26 - Hearing Procedure
A. Conduct of hearing. A hearing shall be held at the date, time, and place for which notice was given.
B. Testimony. The review authority shall hear testimony regarding the subject application from any interested party.
C. Continuance. A hearing may be continued from time-to-time without further notice; provided, the chair of the review authority announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.
D. Deferral of final decision. The review authority may announce a tentative decision, and defer their action on a final decision until appropriate findings and/or conditions of approval have been prepared.
D7-27- Review Authority Decision and Notice
A. Decision. The review authority (Zoning Administrator, Commission, or Council, as applicable) shall announce and record their decision on the matter being considered at the conclusion of a scheduled hearing, or defer action and continue the matter to a later meeting agenda in compliance with Section D7-26 (Hearing Procedures), above.
B. Action of Zoning Administrator. The Zoning Administrator may take appropriate action or instead refer the matter to the Commission for a determination. A referral will require a new noticed hearing before the Commission in compliance with this Chapter.
C. Decision of Council is final. The decision of the Council on any matter shall be final.
D. Notice of decision.
1. Provision of notice. Within 10 calendar days of a final decision on an application for a permit or other approval required by this Zoning Ordinance, the City shall provide notice of its final decision to the applicant and to any person who specifically requested notice of the City’s final action.
2. Contents of notice. The notice of the final decision shall contain applicable findings, conditions of approval, reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the City, and the procedures for appeal.
D7-28 - Recommendation by Commission
A. At the conclusion of a public hearing on an amendment (e.g., General Plan, Zoning Map, or Zoning Ordinance), a development agreement, or a specific plan, the Commission shall forward a written recommendation, including all required findings, to the Council for final action.
B. Following the hearing, a copy of the Commission's recommendation shall be mailed to the applicant at the address shown on the application.
D7-29- Effective Date of Decision
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14 A. Zoning Administrator or Commission decision. The decision of the Zoning Administrator or Commission is final and effective on the 11th calendar day following the date the decision is rendered, unless an appeal is filed in compliance with Division D7, Chapter II (Appeals and Calls for Review).
B. Council decision.
1. Permit or appeal. A permit application or appeal shall become effective immediately on the date the final decision is rendered by the Council.
2. General Plan amendment. A General Plan amendment shall become effective immediately upon the adoption of a resolution by the Council.
3. Zoning Map or Zoning Ordinance amendment. A Zoning Map or Zoning Ordinance amendment shall become effective on the 31st day following the adoption of an ordinance by the Council.
Chapter V - Enforcement
Contents:
D7-30- Purpose
D7-31 - Enforcement Responsibilities
D7-32- Revocation or Modification of Discretionary Permits D7-33- Violations
D7-34- Penalties
D7-30- Purpose
This Chapter establishes procedures for enforcement of the provisions of the Zoning Ordinance. These enforcement procedures are intended to assure due process of law in the abatement or correction of nuisances and violations of this Ordinance.
D7-31 - Enforcement Responsibilities
The Zoning Administrator shall enforce all provisions of this Ordinance related to discretionary permits and shall have responsibility for revocation of discretionary permits, as provided in Section D7-32. The Chief Building Official shall enforce the provisions of this Ordinance pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure. All other officers of the City shall enforce provisions related to their areas of responsibility.
D7-32- Revocation or Modification of Discretionary Permits A. Duties of Zoning Administrator. Upon determination by the Zoning Administrator that there are reasonable grounds for revocation or modification of any permit, variance, or other discretionary approval authorized by this Ordinance, a revocation hearing shall be set by the Zoning Administrator, the Planning Commission, or the City Council, whichever took final previous action on the permit, except for appeals.
B. Notice and Public Hearing. Notice shall be given in the same manner required for a public hearing to consider approval. If no notice is required for the permit, none shall be required for the revocation or modification hearing, provided that notice shall be mailed to the property owner and owner of the use or structure for which the permit was granted at least 10 calendar days prior to the hearing. Contents of any notice shall be as prescribed by Division D7, Chapter IV (Public Hearings).
C. Public Hearing. The person or body conducting the hearing shall hear testimony of City staff, property owner, and the owner of the use or structure for which the permit was granted, if present. At a public hearing, the testimony of any other interested person shall also be heard.
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15 D. Required Findings. The person or body conducting the hearing shall revoke or modify the permit upon making one or more of the following findings:
1. That the permit was issued on the basis of erroneous or misleading information or misrepresentation;
2. That the terms or condition(s) of approval of the permit have been violated or that other laws or regulations have been violated;
3. That there has been a discontinuance of the exercise of the entitlement granted by the permit for three consecutive months;
4. That the use is being conducted contrary to the public’s health, safety, and welfare; and/or
5. That circumstances or conditions related to the site or use have changed necessitating a modification to the permit.
E. Decision and Notice. Within 10 calendar days of the conclusion of the hearing, the person or body that conducted the hearing shall render a decision, and shall mail notice of the decision to the property owner and owner of the use or structure for which the permit was revoked and to any other person who has filed a written request for such notice.
F. Effective Date: Appeals. A decision to revoke a discretionary permit shall become final and effective on the 11th day following the date the decision is rendered, unless appealed.
G. Cumulative Right. The City’s right to revoke a discretionary permit, as provided in this Chapter, shall be cumulative to any other remedy allowed by law.
D7-33- Violations
Any person violating any other provision of this ordinance, including failure to secure a zoning permit or comply with any condition of approval, shall be guilty of an infraction, and each day or portion thereof that such violation is in existence shall be a new and separate offense. In these cases, the fourth and any additional violations within one year shall each constitute a misdemeanor. In addition, the City Attorney shall, upon order of the City Council, commence action or proceedings for the abatement, removal, and enjoinment of any violation in the manner provided by law.
D7-34- Penalties
Any person who violates any provision of this ordinance and is convicted of an infraction shall be punished by fines as prescribed in Government Code Section 36900. Any person who violates any provision of this ordinance and who is convicted of a misdemeanor shall be punishable by fines as prescribed by Government Code 36900. Payment of any fine or penalty shall not relieve a person, firm or corporation from the responsibility of correcting the condition consisting of the violation.
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1 5 or
Division D8 Glossary
Contents:
Chapter I - Definitions
Chapter I - Definitions
Contents:
D8-1- Purpose
D8-2 - Definitions of Specialized Terms and Phrases
Definitions, "A."
Definitions, "B."
Definitions, "C."
Definitions, "D."
Definitions, "E."
Definitions, "F."
Definitions, "G."
Definitions, "H."
Definitions, "I."
Definitions, "J."
Definitions, "K."
Definitions, "L."
Definitions, "M."
Definitions, "N."
Definitions, "O."
Definitions, "P."
Definitions, "Q."
Definitions, "R."
Definitions, "S."
Definitions, "T."
Definitions, "U."
Definitions, "V."
Definitions, "W."
Definitions, "X."
Definitions, "Y."
Definitions, "Z."
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2 D8-1- Purpose
This Chapter provides definitions of terms and phrases used in this Zoning Ordinance that are technical or specialized, or that may not reflect common usage. If a definition in this Chapter conflicts with a definition in another provision of the Municipal Code, these definitions shall control for the purposes of this Zoning Ordinance. If a word is not defined in this Chapter, or in other provisions of the City of San Ramon Municipal Code, the Director shall determine the correct definition, giving deference to common usage.
If a property condition exists that meets two or more categorical definitions found in this Chapter, then such property condition must comply with each and every applicable definition to comply with this Zoning Ordinance. Any ambiguities will be resolved under the Rules of Interpretation set forth in Section D1-5 of this Zoning Ordinance.
(Ord. No. 496, § 2, 01/28/2020)
D8-2 - Definitions of Specialized Terms and Phrases
As used in this Zoning Ordinance, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise.
Definitions, "A."
Abut. Having property lines, street lines, and/or zoning boundaries in common.
Accessory Retail or Services. The limited retail sale of various products, or the provision of certain personal services within a health care, hotel, office, or industrial complex, to employees or customers of, or visitors to the primary use. Examples of these uses include pharmacies, gift shops, and food service establishments within hospitals; convenience stores and food service establishments within hotel, office and industrial complexes; bank tellers in grocery stores; food marts in gas stations; and barber and beauty shops within residential care facilities.
Access Drive. A private roadway that provides vehicle access from an off-street parking area to a public street.
Accessory Dwelling Unit (ADU). A permanent dwelling that is accessory to a primary dwelling on the same property. An ADU provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, sanitation, and parking, and if attached to the primary dwelling, is provided exterior access separate from the primary dwelling. An ADU may also be located on an upper floor above the detached garage of a single-family dwelling.
Accessory Structure. Any residential or non-residential structure that is secondary and incidental to a primary structure on the same parcel. This definition includes, but is not limited to, the following attached or detached accessory structures.
- arbors
- balconies (with ground posts)
- barbeques
- barns
- corrals
- coops
- decks
- garages
- gazebos
- greenhouses (non-commercial)
- large water fountains, greater than 6’ high
- outdoor fireplaces
- patio covers
- spas and hot tubs
- storage sheds
- studios
- recreation area, see “recreation area” definition
- workshops
An Accessory Structure does not include:
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3 - accessory dwelling unit (ADU),
- balconies (without ground posts),
- attached sunrooms which are enclosed,
- attached sunrooms integrated with the primary residence (attached rooms enclosed with walls/windows by more than 50 percent),
- basketball hoops (portable),
- barbeques (portable),
- play equipment (permanent or portable),
- mechanical equipment (e.g. air conditioning units).
- recreation area, dual use (e.g. basketball hoop which is “dual use” and permanent, see “recreation area” definition)
- home satellite dish and other receiving antennas for earthbased TV and radio - broadcasts (see "Telecommunications Facilities")
Accessory Use. A use customarily incidental to, related and clearly subordinate to a primary use on the same parcel, which does not alter the primary use nor serve property other than the parcel where the primary use is located.
Adult Day Care. See "Day Care."
Adult Oriented Business. The following terms and phrases are defined for the purposes of Division D4, Chapter I (Adult Oriented Business Regulations).
Adult Arcade. Any business establishment or concern containing one or more coin or slug operated or manually or electronically controlled still or motion picture projectors, video machines, projector or similar image-producing devices, that are maintained to display images to an individual or group of individuals when those images are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
Adult Bookstore. Any establishment which as a regular and substantial course of conduct, displays and/or distributes sexually oriented merchandise, sexually oriented material, books, periodicals, magazines, or other printed materials, or photographs, drawings, sculptures, films, motion pictures, videos, discs, cassettes, slides, tapes, records, or other form of visual or audio representations which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities and/or specified anatomical areas (See “adult-oriented business” for definition of regular and substantial course of conduct.)
Adult Cabaret. A nightclub, bar, lounge, restaurant, or similar business establishment or concern which features as a regular and substantial course of conduct, any type of live entertainment, films, motion pictures, computer generated images, videos, discs, slides, or other photographic reproductions, or other oral, written or visual representations which are distinguished or characterized by an emphasis upon matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
Adult Dance Studio. Any business establishment or concern which provides for members of the public a partner for dance where the partner, or the dance is distinguished or characterized by an emphasis upon matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
Adult Hotel/Motel. A hotel, motel, or other similar business establishment or concern offering public accommodations for any form of consideration which as a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closed-circuit television, films, computer generated images, motion pictures, videos, discs, slides, other photographic reproductions, or other medium, material which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas and which rents, leases, or lets any room for less than a 12-hour period, or rents, leases, or lets any single room more than once in a 24-hour period.
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4 Adult Modeling Studio. Any business or premises where there is furnished, provided, or procured, a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas where the model(s) is being observed or viewed by any person for the purpose of being sketched, photographed, painted, drawn, sculpted, filmed, or videotaped or otherwise depicted for a fee, compensation, gratuity, or other thing of value as consideration for the right or opportunity to so observe the model or to remain on the premises. “Adult Modeling Studio” does not include any live art class or any studio or classroom which is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree in compliance with standards set by the State Board of Education.
Adult-Oriented Business. Any business establishment or concern which as a regular and substantial course of conduct operates as an adult arcade, adult bookstore, adult cabaret, adult dance studio, adult hotel/motel, adult modeling studio, adult theater; any business establishment or concern which as a regular and substantial course of conduct sells or distributes or offers for sale or distribution sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services, or entertainment characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas. “Adult-oriented business” does not include those uses or activities, the regulation of which is preempted by State law. For the purposes of this Section, a business establishment or concern has established the provision of products, merchandise, services, or entertainment characterized by an emphasis on matters depicting describing, or relating to specified sexual activities or specified anatomical areas as a regular and substantial course of conduct when one or more of the following conditions exist:
a. The area devoted to adult merchandise and/or sexually oriented material exceeds more than 20 percent of the total display or floor space area open to the public; b. The business establishment or concern presents any type of live entertainment which is characterized by an emphasis on specified sexual activity or specified anatomical areas; c. The regular and substantial course of conduct of the business consists of or involves the sale, trade, display, or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
Adult Theater. A business establishment or concern which, as a regular and substantial course of conduct, presents live entertainment performances, motion pictures, videos, computer images, slide photographs, or other pictures or visual representations or reproductions which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
Adult-Oriented Business Operator. A person, who supervises, manages, inspects, directs, organizes, controls, or in any other way is responsible for or in charge of the premises of an Adult-Oriented Business or the conduct or activities occurring on the premises thereof. This term shall hereinafter be referred to as “operator.”
Applicant. A person who is required to file an application for a permit under this Chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an Adult-Oriented Business.
Bar. Any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises.
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5 Distinguished or characterized by an emphasis upon. Shall mean and refer to the dominant or essential theme of the object described by the phrase. For instance, when the phrase refers to films “which are distinguished or characterized by an emphasis upon” the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character or theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina (1981) 115 Cal.App.3d 151.
Entertainer. Any person who dances, models, entertains, and/or performs specified sexual activities or displays specified anatomical areas in an Adult-Oriented Business.
Establishment of an Adult-Oriented Business. Shall mean and include any of the following:
a. The opening or commencement of any Adult-Oriented Business as a new business; b. The conversion of an existing business, whether or not an Adult-Oriented Business, to any AdultOriented Business defined herein; c. The addition of any of the Adult-Oriented Businesses defined herein to any other existing AdultOriented Business; or d. The relocation of any Adult-Oriented Business.
Figure Model. Any person who, for pecuniary compensation, consideration, hire, or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed, or otherwise depicted.
Live Art Class. Any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing, or sculpting of live models exposing specified anatomical areas; instruction is offered in a series of at least two classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and preregistration is required at least 24 hours in advance of participation in the class.
Nudity or a state of nudity. The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the areola.
Operate an Adult-Oriented Business. The supervising, managing, inspecting, directing, organizing, controlling, or in any way being responsible for or in charge of the conduct of activities of an AdultOriented Business or activities within an Adult-Oriented Business.
Permittee. The person to whom an Adult-Oriented Business Permit is issued.
Person. Any individual, partnership, co-partnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.
Semi-nude. A state of dress in which clothing covers only the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.
Sexual Encounter Center. Any business, agency, or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble, or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.
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6 Sexually Oriented Material. Any element of sexually oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, disc, computer generated image, or other written, oral or visual representation which, for purposes of sexual arousal, provides depictions which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
Sexually Oriented Merchandise. Sexually oriented implements and paraphernalia, including, but not limited to, dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery or electrically operated vaginas or penises, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity or which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
Specified Anatomical Areas. Shall mean and include any of the following:
a. Less than completely and opaquely covered human (1) genitals or pubic region; (2) buttocks; and\or (3) female breast below a point immediately above the top of the areola; or b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered; or c. Any device, costume, or covering that simulates any of the body parts included in Subparagraphs a. or b., above.
Specified Sexual Activities. Shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering;
a. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship, any of the following depicted sexually oriented acts or conduct: analingus, bestiality, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia; or b. Clearly depicted human genitals in a state of sexual stimulation, arousal, or tumescence; or c. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or d. Fondling, or touching of nude human genitals, pubic region, buttocks, or female breast; or e. Masochism, erotic, or sexually oriented torture, beating, or the infliction of pain; or f. Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a human being; or human excretion, urination, menstruation, vaginal, or anal irrigation; or g. The presence of any person who performs, or appears in a state of nudity or semi nude.
Affordable Rent. Monthly housing expenses, including a reasonable allowance for utilities, for rental units reserved for very low or low income households, not exceeding the following calculations:
1. Low Income: 80 percent of median income as defined by State law (Health and Safety Code Section 500105) and the HUD income limits.
2. Very Low Income: 50 percent of median income as defined by State law (Health and Safety Code Section 50105) and the HUD income limits.
Affordable Sales Price. A sales price at which households at income levels specified by the City's affordable housing programs can qualify for the purchase of designated dwelling units, calculated on the basis of underwriting standards of mortgage financing available for the development.
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7 Agent. A person authorized in writing by the property owner to represent and act for a property owner in contacts with City employees, committees, Commissions, and the Council, regarding matters regulated by this Zoning Ordinance.
Agricultural Product Processing. The processing of harvested crops to prepare them for on-site marketing or processing and packaging elsewhere. Examples of this land use include the following:
- alfalfa cubing
- corn shelling
- custom grist mills
- custom milling of flour, feed and grain
- dairies (but not feedlots, see instead "Livestock Operations, Sales Yards, Feedlots, Stockyards")
- drying of corn, rice, hay, fruits and vegetables
- grain cleaning and custom grinding
- hay baling and cubing
- pre cooling and packaging of fresh or farm dried fruits and vegetables
- sorting, grading and packing of fruits and vegetables - tree nut hulling and shelling
Does not include wineries, which are separately defined.
Alcoholic Beverage Manufacturing, beer. An alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof in water, and includes ale, porter, brown, stout, lager beer, small beer, and strong beer but does not include sake, known as Japanese rice wine. (Section 23006 Business and Professions Code) Alcoholic Beverage Manufacturing, Brewery. A facility that manufactures beer with a capacity generally greater than 15,000 barrels per year. May also include a tasting room on-site.
Alcoholic Beverage Manufacturing, Brew Pub. An Eating and Drinking Establishment with a microbrewery as an accessory use where the beer it produces is sold in draft form at its own premises. This operation may sell other supplier's beer, including other hand-crafted or micro-brewed beers as well as wine to patrons for consumption on its premises. The premises are defined as a "bona fide public eating place" by the State of California Department of Alcoholic Beverage Control. The ABC specific operational requirements are dictated by a Type 75 license.
Alcoholic Beverage Manufacturing, distilled spirts. An alcoholic beverage obtained by the distillation of fermented agricultural products, and includes alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and gin, including all dilutions and mixtures thereof. (Section 23005 Business and Professions Code).
Alcoholic Beverage Manufacturing, Distillery. A facility which manufactures distilled spirits. May also include a tasting room on-site.
Alcoholic Beverage Manufacturing, Micro-Brewery. A small-scale brewery facility that generally produces 15,000 barrels of beer per year or less. Its beer products are primarily intended for local and/or regional consumption. These facilities are typically dedicated to the production of specialty or craft beers.
May also include a tasting room on-site and off –sale of alcoholic beverages is limited to beers brewed on site. The ABC specific operational requirements are dictated by a Type 23 license.
Alcoholic Beverage Manufacturing, wine. An alcoholic beverage obtained from normal alcoholic fermentation of the juice of sound ripe grapes or other agricultural products containing natural or added sugar or any such alcoholic beverage to which is added grape brandy, fruit brandy, or spirits of wine, which is distilled from the particular agricultural product or products of which the wine is made and other rectified wine products and by whatever name and which does not contain more than 15 percent added flavoring, coloring, and blending material and which contains not more than 24 percent of alcohol by volume, and includes vermouth and sake, known as Japanese rice wine. (Section 23007 Business and Professions Code)
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8 Alley. A public or private roadway that provides vehicle access to the rear or side of parcels having other public street frontage that is not intended for general traffic circulation.
Allowed (Allowed Use). A land use identified by Division D2 (Allowable Land Uses and Zoning Standards)) as a permitted or conditional use that may be established with planning permit and, where applicable, Design Review and/or Building Permit approval, subject to compliance with all applicable provisions of this Zoning Ordinance.
Altered. Physical change in the internal arrangement of rooms or the supporting members of a structure, or a change in the external appearance of any structure, not including painting.
Animal - Domestic. Any animal customarily kept by humans, including but not limited to dogs, cats, birds, rabbits, hamsters, fish, mice, turtles, and other animals as determined by the Zoning Administrator, incidental to a residential use. Does not include roosters, which are separately defined under “Animal Husbandry”; hens which are separately defined under “Chickens, raising of”; and honey bees which are separately defined under “Beekeeping – Apiary”.
Animal – Wild or Exotic. Any animal as defined in the San Ramon Municipal Code section B2-18.
Animal Husbandry. The raising and keeping of farm animals (e.g., cows, goats, sheep, chickens including roosters, honey bees, etc.) for commercial purposes within allowable zoning district as listed in the Land Use Tables in Division D2.
Animal Husbandry, Grazing Only. The raising and keeping of farm animals on undeveloped property where the primary food source consists of the grasses on the site.
Animal Services, Boarding/Training. A commercial establishment that provides overnight animal boarding, kenneling, and/or trains animals as a paid service.
Animal Services, Grooming. A commercial establishment that provides household pet grooming services.
Animal Services, Veterinary Clinic/Animal Hospital. Office and indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals.
Antique or Collectible Store. A retail store that sells antiques, curios, gifts and souvenirs, and collectible items including sports cards and comic books. A store that primarily sells books is included under "Retail, general." Does not include stores selling other types of second hand items (e.g., clothing), which are instead included in the definition of "Second Hand Store." Antenna. See "Telecommunications Facilities."
Apartment. See "Multi-Family Housing."
Applicant. Any person who is filing an application requesting an action who is:
1. The owner or lessee of property;
2. A party who has contracted to purchase, rent, or lease property contingent upon that party's ability to acquire the necessary approvals required for that action in compliance with this Zoning Ordinance, and who presents written authorization from the property owner to file an application with the City; or
3. The agent of either of the above who presents written authorization from the property owner to file an application with the City.
Approval. Includes both approval and approval with conditions.
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9 Arborist. 1) A person currently certified by the Western Chapter of the International Society of Arboriculture as an expert on the care of trees; 2) a consulting arborist who satisfies the requirements of the American Society of Consulting Arborists; or 3) other qualified professional who the Director determines has gained through experience the qualifications to identify, remove, or replace trees.
Architectural Feature. An exterior building feature including roof, windows, doors, porches, etc.
Artisan/Craft Product Manufacturing. An establishment that manufactures and/or assembles small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products, where any retail sales are incidental to the manufacturing activity.
Artisan Shop. A retail store selling art glass, ceramics, jewelry, paintings, sculpture, and other handcrafted items, where the store includes an area for the crafting of the items being sold, but where the crafting activity occupies less area within the building than retail sales. Does not include commercial art galleries, which are instead defined under "Retail, general." Assessed Value. The value of a structure as shown in the records of the County Assessor.
Attic. The area located between the uppermost plate and the roof or ridge of a structure.
Auto and Vehicle Sales/Rental. A retail or wholesale establishment selling and/or renting automobiles, trucks and vans, trailers, and motorcycles. Vehicles for sale may be displayed outdoors or indoors, as authorized by the required Use Permit. A wholesale establishment with no on-site storage or display of vehicles (office space only) are classified under “Office - Professional/Administrative.” May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships.
Does not include: the sale of auto parts/accessories separate from a vehicle dealership (see "Auto Parts Sales"); mobile home, recreational vehicle, or watercraft sales (see "Mobile Home, RV and Boat Sales"); tire recapping establishments (see "Vehicle Services"); businesses dealing exclusively in used parts, (see "Recycling - Scrap and Dismantling Yards"); or "Service Stations," which are separately defined.
Auto Parts Sales. Stores that sell new automobile parts, tires, and accessories. Establishments that provide installation services are instead included under "Vehicle Services - Repair and Maintenance - Minor." Does not include tire recapping, which is found under "Vehicle Services" or businesses dealing exclusively in used parts, which are included under "Recycling - Scrap and Dismantling Yards." Auto Repair. See "Vehicle Services."
Automated Teller Machine (ATM). A computerized, self-service machine used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without face-to-face contact with financial institution personnel. The machines may be located at or within banks, or in other locations, including independent machines in convenience stores. Does not include drive-up ATMs; see "DriveThrough Services." Definitions, "B."
Bank, Financial Services. Financial institutions including:
- banks and trust companies
- credit agencies
- holding (but not primarily operating) companies
- lending and thrift institutions
- other investment companies
- securities/commodity contract brokers and dealers
- security and commodity exchanges
- vehicle finance (equity) leasing agencies
See also, "Automated Teller Machine." Does not include check cashing stores, which are instead defined under "Personal Services - Restricted."
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10 Balcony. A platform that projects from and is supported by the wall of a building rather than columns or other supports below the platform, and is enclosed by a parapet or railing.
Bed and Breakfast Inn (B&B). See "Lodging."
Beekeeping – Apiary. A place in which a colony or colonies of honey bees are kept in beehives. (As a hobby for personal purposes, an apiary shall consist of no more than ten (10) hives, and for commercial purposes, an apiary may consist of over ten (10) hives.) Broadcasting Studio. Commercial and public communications uses including radio and television broadcasting and receiving stations and studios, with facilities entirely within buildings. Does not include transmission and receiving apparatus, including antennas and towers, which are instead defined under "Telecommunications Facilities".
Build-to Line. A line parallel to a property line where a structure is required to be located.
Building and Landscape Materials Sales. A primarily indoor (showroom only, no on-site delivery or bulk inventory storage) or primarily outdoor retail establishment selling hardware, tools, appliances, lumber and other building materials, plants and other landscaping materials. Includes paint, wallpaper, flooring, glass, fixtures, and similar products. Includes these types of stores selling to the general public, even if contractor sales account for a major proportion of total sales. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "Wholesaling and Distribution."
Building Frontage. A building wall adjacent to a parcel boundary that abuts a public right-of-way. A primary building frontage provides the main pedestrian entrance to the building. A secondary building frontage abuts a side street, rear entrance, or has an entrance from other than a public right-of-way.
Figure 8-1 Building Frontage
Building Height. See Section D3-6 (Height Limits and Exceptions).
Business Park. An area that has been built to accommodate a coordinated development including, but not limited to offices, warehouses, industrial buildings, mixed-use development, etc. (Ord. No. 496, § 2, 01/28/2020)
Business Support Service. An establishment within a building that provides services to other businesses. Examples of these services include:
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11 - blueprinting
- computer-related services (rental, repair) (see also "Maintenance Service - Client Site Services") - copying and quick printing services
- film processing and photofinishing (retail)
- mailing and mail box services
Definitions, "C."
Cabinet Shop. See "Furniture, Furnishings, and Appliance Store." California Environmental Quality Act (CEQA). State law (California Public Resources Code Sections 21000 et seq.) requiring public agencies to document and consider the environmental effects of a proposed action, prior to allowing the action to occur.
California Public Utilities Commission (CPUC). The governmental agency that regulates the terms and conditions of public utilities in the State.
Caretaker Quarters. A permanent residence that is secondary or accessory to the primary use of the property, and used for housing a caretaker on the site of a nonresidential use where needed for security purposes or to provide 24- hour care or monitoring of people, plants, animals, equipment, or other conditions on the site. Does not include residential "accessory dwelling units (ADU)," which are separately defined.
Catering Service. A business that prepares food for consumption on the premises of a client.
Change of Use. The replacement of an existing use on a lot or parcel, or any portion thereof, by a new use, or a change in the nature of an existing use; but does not include a change of ownership, tenancy, or management associated with a use for which the previous nature of the use will remain substantially unchanged.
Chickens, raising of. Raising of hens (roosters prohibited) for personal and non-commercial purposes as a hobby or household pets within applicable residential properties.
Child Day Care Center. See "Day Care."
City. The City of San Ramon, State of California, referred to in this Zoning Ordinance as the "City." City Council. The San Ramon City Council, referred to in this Zoning Ordinance as the "Council." Clustering. A subdivision design that concentrates allowable residential development on parcels that are located within a larger parcel that remains in permanent open space.
Cogeneration Facilities. Facilities and equipment for the conversion of waste heat from manufacturing or other on-site processes to electricity, for on-site consumption or sale to a public utility.
Co-Location. The placement of two or more wireless communications facilities on a single support structure or otherwise sharing a common location. Co-Location shall also include the placement of wireless communications facilities on buildings, water tanks, light poles, electricity towers, or other existing facilities and/or structures.
Commercial Recreation Facility - Indoor. Establishments providing indoor amusement and entertainment services for a fee or admission charge, including:
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12 - bowling alleys
- coin-operated amusement arcades
- dance halls, clubs and ballrooms
- electronic game arcades (video games, pinball, etc.)
- escape rooms
- ice skating and roller skating
- parties/play centers for children
- pool and billiard rooms as primary uses
- virtual reality simulators (driving, golf, gaming, etc.) This use does not include adult oriented businesses, which are separately defined. Four or more electronic games or coin operated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices are considered an electronic game arcade as described above; three or fewer machines are not considered a land use separate from the primary use of the site.
Commercial Recreation Facility - Outdoor. A facility for various outdoor recreational activities, where a fee is charged for use. Examples include:
- amusement and theme parks
- go-cart tracks
- golf driving ranges
- miniature golf courses
- skating parks
- water slides
May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars and restaurants, video game arcades, etc.
Communications Facility. See "Telecommunications Facilities." Community Center. A multi-purpose meeting and recreational facility typically consisting of one or more meeting or multi-purpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc.
Community Garden. A site used for growing plants for food, fiber, herbs, flowers, and others, which is shared and maintained by community residents.
Condominium. As defined by Civil Code Section 1715, a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map.
Conference/Convention Facility. One or more structures accommodating multiple assembly, meeting, and/or exhibit rooms, and related support facilities (e.g., kitchens, offices, etc.).
Congregate Care. See "Medical Services – Extended Care," and "Residential Care." Construction Contractor. Office, and indoor and/or outdoor storage facilities operated by, or on behalf of a contractor licensed by the State of California for storage of large equipment, vehicles, and/or other materials commonly used in the individual contractor's type of business; storage of scrap materials used for repair and maintenance of contractor's own equipment and vehicles; and buildings or structures for uses such as repair facilities.
Construction and Heavy Equipment Sales and Rental. Retail establishments selling or renting construction, farm, or other heavy equipment. Examples include cranes, earth moving equipment, tractors, combines, heavy trucks, etc.
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13 Convenience Store. A neighborhood serving retail store of 3,500 square feet or less in gross floor area, which carries a range of merchandise oriented to daily convenience shopping needs. A convenience store that is larger than 3,500 square feet is allowed only as "Food and Beverage Sales." A convenience store may be part of a service station or may be an independent land use.
Conveyance, or Convey. Any transfer, sale, lease, rent, or disposition of or act to transfer, sale, lease, rent, or dispose of any affordable unit and include, but are not limited to, transfer of title or any interest therein by nonjudicial or judicial foreclosure and sale; but does not include transfer by gift, devise, or inheritance to the unit owner's spouse or issue, taking of title by surviving joint tenant, transfer of title to a spouse as part of divorce or dissolution proceedings, or acquisition of title or interest therein in conjunction with marriage.
Cottage Food Operation. Use of a residential dwelling as defined by State Health and Safety Code Section 113758.
Council. See "City Council."
County. The County of Contra Costa, State of California.
Crop Production, Horticulture, Orchard, Vineyard. Commercial agricultural production field and orchard uses, including the production of the following, primarily in the soil on the site and not in containers, other than for initial propagation prior to planting in the soil on the site:
- field crops
- flowers and seeds
- fruits
- grains
- melons
- ornamental crops
- tree nuts
- trees and sod
- vegetables
- wine and table grapes
Also includes associated crop preparation services and harvesting activities, such as mechanical soil preparation, irrigation system construction, spraying, crop processing and retail sales in the field, not including sales sheds, which are instead defined under "Produce Stand." Does not include greenhouses which are instead defined under "Plant Nursery," and "Residential Accessory Use or Structure," or containerized crop production, which is instead defined under "Plant Nursery." Does not include noncommercial home gardening, which is allowed as an accessory use in all zones without City approval.
Definitions, "D."
Day Care, Adult. A state-licensed facility that provides nonmedical care and supervision for adult clients for periods of less than 24 hours for any client.
Day Care, Child. Facilities that provide non-medical care and supervision of minor children for periods of less than 24 hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services.
1. Day Care Center. Commercial or non-profit child day care facilities designed and approved to accommodate 15 or more children. Includes infant centers, preschools, sick-child centers, and schoolage day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use.
2. Family Day Care Home. As defined by Health and Safety Code Section 1596.78, a home that regularly provides care, protection, and supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home.
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14 3. Large Family Day Care Home. As defined by Health and Safety Code Section 1596.78, a day care facility in a single-family dwelling where an occupant of the residence provides family day care for seven to 14 children, inclusive, including children under the age of 10 years who reside in the home.
4. Small Family Day Care Home. As defined by Health and Safety Code Section 1596.78, a day care facility in a single-family residence where an occupant of the residence provides family day care for six or fewer children, including children under the age of 10 years who reside in the home.
Dead-End Street. A length of street where a vehicle may exit to another street only from the same point as it entered the street.
Deck. A platform providing outdoor living area that may be roofed, but is without walls on at least two sides, and which includes railings where required by the Building Code. See also "Balcony." Density. The number of housing units on the site (excluding accessory dwelling units) divided by the net acreage of the site.
Density Bonus. As defined by State law (Government Code Section 65915 et seq.), an increase in density over the maximum density otherwise allowed by the applicable zone, that is granted to the owner/developer of a housing project who agrees to construct a prescribed percentage of dwelling units that are affordable to households of very low and/or low income. When determining the number of dwelling units that shall be affordable, the units authorized by the density bonus shall not be included in the calculation.
Department. The City of San Ramon Planning/Community Development Department, referred to in this Zoning Ordinance as the "Department."
Design Review. See Section D6-22 (Architectural Review).
Development. On land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including subdivision in compliance with the Map Act; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure; and the removal or harvesting of major vegetation other than for agricultural purposes.
Development Agreement. A contract between the City and an applicant for a development project, in compliance with the Municipal Code, and Government Code Sections 65864 et seq.
Diameter of a Tree. Trunk diameter measured at 4.5 feet above the ground (also known as "Diameter at Breast Height," or "DBH).
Director. The City of San Ramon Planning/Community Development Department Director or designee of the Director.
Discretionary Permit. A City land use review and entitlement process where the Review Authority exercises discretion in deciding to approve or disapprove the permit. Includes Minor Use Permits, Use Permits, Minor Exceptions, Variances, Architectural Review, Development Plans, Planned Development Permits, and Subdivision Maps.
Diseased Tree. A tree afflicted by, but not limited to, any of the following: insect infestation, heart rot, exfoliation, slime flux, crown rot, leaf scorch, root fungus, structural defects or weaknesses.
District. See "Zone."
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15 Drip line. A line that may be drawn on the ground around a tree directly under its outermost branch tips and which identifies that location where rainwater tends to drip from the trees. When depicted on a map, the drip line will appear as an irregular shaped circle that follows the contour of the tree’s branches as seen from overhead.
Drive-Through Retail or Service. A facility where food or other products may be purchased, or where services may be obtained by motorists without leaving their vehicles. Examples of drive-through sales facilities include fast-food restaurants, drive-through coffee, dairy product, photo stores, pharmacies, etc.
Examples of drive-through service facilities include drive-through bank teller windows, dry cleaners, etc., but do not include automated teller machines (ATMs), gas stations or other vehicle services, which are separately defined.
Duplex. See "Multi-Family Housing."
Dwelling, Dwelling Unit, or Housing Unit. A room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis.
1. Attached dwelling unit. A dwelling unit which has one or more party walls in common with another dwelling unit.
2. Detached dwelling unit. A dwelling unit that does not share any walls in common with another dwelling unit.
Definitions, "E."
Easement. A grant of one 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.
Eating and Drinking Establishment. A retail business selling ready-to-eat food and/or beverages for on- or off-premise consumption. These include eating establishments where customers are served from a walk-up ordering counter for either on- or off-premise consumption ("counter service"); and establishments where customers are served food at their tables for on-premise consumption ("table service"), that may also provide food for take-out. Eating and drinking establishments include the following types:
1. With drive through service. Sells food and beverage products to motorists who remain in their vehicles during the sales transaction;
2. With full alcoholic beverages. Sells distilled spirits for on-site consumption. May also sell wine and/or beer for on-site consumption in accordance with California Department of Alcohol and Beverage Control licensing restrictions. Includes tasting rooms for wine, beer, and/or distilled spirits;
3. With live entertainment. Also may provide live music, karaoke, dancing to live or recorded music, and/or comedy or theatrical performances for its patrons. Includes uses such as a “Night Club”;
4. With outdoor seating. Serves food and beverage products to patrons seated at outdoor tables;
5. With take-out service. Provides prepared and packaged food for consumption off the premises; and
6. With wine and beer. Sells wine and/or beer, but not distilled spirits for on-site consumption. Includes tasting rooms for wine and beer only.
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16 Electric Vehicle (EV) Charging Stations (Accessory) consist of EV charging stations located in existing commercial, mixed use, office or multifamily developments that are available for use by the public. They are typically associated with existing parking spaces where the number of charging stations does not to exceed 5% of the total number of onsite parking spaces. Where the proposed installation of EV charging stations is greater than 5% of the total number of spaces, a Minor Use Permit is required unless the higher EV charging station percentage is required by the State (California Green Building Standards) or local code.
Emergency Shelter. A facility for the temporary shelter and feeding of persons, operated by a public or non-profit agency during emergency operations as defined in Municipal Code DIVISION A8, Chapter I (Emergency Organization and Disaster Council).
Environmental Impact Report (EIR). An informational document used to assess the physical characteristics of an area and to determine what effects will result if the area is altered by a proposed action, prepared in compliance with the California Environmental Quality Act (CEQA).
Equestrian Facility. A commercial facility for horses, donkeys, and/or mules, examples of which include horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), and barns, stables, corrals and paddocks accessory and incidental to these uses. Does not include the simple pasturing of horses, donkeys, and/or mules, which is instead included in the definition of “Animal Husbandry."
Equipment Rental. A service establishment that may offer a wide variety of household and business equipment, furniture, and materials for rental. Does not include "Construction and Heavy Equipment Rental," which is separately defined.
Extended Hour Retail. A business that is open to the public between the hours of 10:00 p.m. and 7:00 a.m. within 100 feet of a residential zone.
Definitions, "F."
Farm Animal Keeping. The keeping and raising of animals common to farms (e.g., beekeeping – apiary, cows, goats, horses, etc.) for personal use.
Farm Supply and Feed Store. A retail business selling supplies for use in soil preparation and maintenance, the planting and harvesting of crops, the keeping and raising of farm animals, and other operations and processes pertaining to farming and ranching. Includes the sale of small animals such as chicks and/or other animals authorized by Use Permit approval. Does not include the sale, rental, or repair of farm machinery and equipment, which is instead included in the definition of "Construction and Heavy Equipment Sales and Rental."
Farmers Market. The temporary use of a site for the outdoor sales of food and farm produce items, in compliance with California Food and Agriculture Code Section 1392 et seq.
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. A constructed, un-roofed barrier of wood, metal, masonry, or other material as allowed by this Zoning Ordinance, that is intended to enclose, separate, define, secure, protect, and/or screen one or more areas of a site. Includes masonry walls.
1. Open Wire Fence. A fence through which fenced areas remain visible because of the wire mesh used for the fence. Includes chain link fencing, deer fencing, etc.
2. Safety Fence. A fence constructed to prevent access to a hazard or hazardous area.
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17 3. Razor or Concertina Wire. Sharp fencing materials that are designed to lacerate animals or unauthorized persons attempting to climb or cross the fence through other than a gate.
Fire District. The San Ramon Valley Fire Protection District.
Fitness/Health Facility. A fitness center, gymnasium, health and athletic club, which may include any of the following: sauna, spa or hot tub facilities; locker rooms and/or showers; indoor tennis, handball, racquetball, archery and shooting ranges and other indoor sports activities. Does not include adult entertainment businesses.
Floor Area, Gross. The sum of the areas of all floors of a building, measured from the exterior faces of exterior walls or from the center lines of walls separating two buildings. Gross floor area shall not include:
- interior parking spaces,
- loading space for motor vehicles,
- porches,
- exterior balconies/decks.
Floor Area, Net (Non-Residential). The sum of the areas of all floors of a non-residential building, measured from the exterior faces of exterior walls or from the center lines of walls separating two buildings. Net non-residential floor area shall not include:
- interior parking spaces,
- loading space for motor vehicles,
- porches,
- exterior balconies/decks,
- areas for vertical circulation,
- elevators shafts,
- stairwells,
- halls,
- Lobbies,
- mechanical, electrical, and technical equipment rooms, - janitorial rooms,
- restrooms,
- storage areas (adjoining loading docks),
- loading and garbage areas,
- residential and non-residential penthouses
Floor Area, Net (Residential). The sum of the areas of all floors of a residential building, measured from the exterior faces of exterior walls or from the center lines of walls separating two buildings. Net residential floor area shall not include:
- interior parking spaces,
- loading space for motor vehicles,
- porches,
- exterior balconies/decks,
- areas for vertical circulation,
- elevators shafts,
- stairwells,
- Lobbies,
- mechanical, electrical, and technical equipment rooms, - janitorial rooms,
- storage areas (adjoining loading docks),
- loading and garbage areas,
- residential and non-residential penthouses
Floor Area Ratio (FAR). The net floor area of a building(s) on a parcel divided by the total gross area of that parcel. See Figure 8-2. See also "Floor Area, Net (Non-Residential)" and "Floor Area, Net (Residential)".
Figure 8-2 - Floor Area Ratio (FAR)
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18 Food and Beverage, Chain Grocery. A retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the store.
Chain groceries are food markets operated by retail chains that carry a full range of food and household products and have three or more store locations. Includes retail bakeries, where any on-site baking is only for on-site sales. (See also "Catering Service".)
Food and Beverage Sales. A retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the store. Includes retail bakeries, where any on-site baking is only for on-site sales. Includes the "Chain Grocery" type, and the "Specialty Food" type, which carries a more limited and focused range of food products (e.g., a cheese store, or gourmet meat store, etc.). See also "Catering Service." Fuel Dealer. A retail trade establishment that sells fuel oil, butane, propane and liquefied petroleum gas (LPG), bottled or in bulk, to consumers.
Furniture, Furnishings, and Appliance Store. A store that primarily sells furniture, furnishings, and appliances with on-site delivery and bulk inventory storage, that may also provide incidental repair services. A store with only a showroom and no on-site delivery or bulk inventory storage is classified under “Retail, general.”
Definitions, "G."
Garage or Carport. Parking space and shelter for automobiles or other vehicles, where the size of the parking space complies with the provisions of Division D3, Chapter III (Parking and Loading).
1. A garage is a completely enclosed attached or detached accessory structure, with an operational door.
2. A carport is an attached or detached accessory structure enclosed on no more than two sides.
Garage Sale. The temporary sale of used and recycled household or personal articles held on the seller’s own residential premises, also referred to as a yard sale, rummage sale, or any similar designation.
Garage Sale, Community. An organized garage sale by more than three residents within 300 feet from each other on the same day.
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19 General Plan. The City of San Ramon General Plan, including all its elements and all amendments thereto, as adopted by the City Council in compliance with Government Code Section 65300 et seq., and referred to in this Zoning Ordinance as the "General Plan."
Golf Course/Country Club. Golf courses, and accessory facilities and uses including: clubhouses with bar and restaurant, locker and shower facilities; driving ranges; "pro shops" for on-site sales of golfing equipment; and golf cart storage and sales facilities.
Grade. The ground surface immediately adjacent to the exterior base of a structure, typically used as the basis for measuring the height of the structure.
Graywater. Untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. Graywater includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. Recycled water and reclaimed water are separately defined under "Recycled water”.
Gross Lot Area. See "Lot Area."
Guest House. A detached structure accessory to a single-family dwelling, accommodating living/sleeping quarters, but without kitchen or cooking facilities.
Definitions, "H."
Habitable Space. Space within a dwelling unit for living, sleeping, eating, cooking, bathing.
Height. See Section D3-6 (Height Limits and Exceptions).
Heliport. An area, either at ground level or elevated on a structure, that is used or intended to be used for the takeoff and landing of helicopters, and includes some or all the various facilities useful to helicopter operations, including helicopter parking, waiting room, fueling and maintenance equipment.
1. Approach-Departure Path. The flight track of the helicopter as it approaches or departs from a designated takeoff and landing area, including a heliport, helipad, or helistop.
2. Helipad or Helistop. A heliport without auxiliary facilities such as waiting room, helicopter parking, fueling and maintenance equipment.
3. Takeoff and Landing Area. The area of a helicopter facility where the helicopter actually lands and takes off, and includes the touchdown area.
Homeless Shelter. A facility providing minimal supportive services for persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied shelter because of an inability to pay.
Home Occupation. The conduct of a business within a dwelling unit or residential site, with the business activity being subordinate to the residential use of the property.
Horticulture. See "Crop Production, Horticulture, Orchard, Vineyard." Hotel or Motel. See "Lodging."
Housing Unit. See “Dwelling, Dwelling Unit, or Housing Unit.” Definitions, "I."
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20 Industry, Custom. An establishment primarily engaged in on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment. Limited custom industry includes mechanical equipment not exceeding two horsepower or a single kiln not exceeding eight kilowatts and the incidental direct sale to consumers of only those goods produced on-site. Typical uses include custom bookbinding, ceramic studios, candle-making shops, and custom jewelry manufacture.
Industry, General. Manufacturing of products, primarily from extracted or raw materials or bulk storage and handling of such products and materials. Uses in this classification typically involve a high incidence of truck or rail traffic, and/or outdoor storage of products, materials, equipment, or bulk fuel. This classification includes food processing and packaging, laundry and dry cleaning plants, stonework and concrete products manufacture (including concrete ready-mix plants), and power generation. No industrial uses such as asphalt and chemical manufacture, hot-mix plants, rendering, and tanneries are excluded from this classification.
Industry, Limited. Manufacturing of finished parts or products, primarily from previously prepared materials; and provision of industrial services; both within and enclosed building. This classification includes processing, fabrication, assembly, treatment, and packaging, but excludes basic industrial processing from raw materials, food processing, and Vehicle/Equipment Services. Small-scale limited industry occupies a maximum gross floor area of 5,000 square feet.
Intensification of Use. A change in the use of a structure or site that generates more traffic or other level of activity on the site, for example: where the new use is required by this Zoning Ordinance to have more off-street parking spaces than the former use; or a change in the operating characteristics of a use (for example, hours of operation).
Interior Property Line. See "Lot Features."
Definitions, "J."
No specialized terms beginning with the letter "J" are defined at this time.
Definitions, "K."
Key Lot. See "Lot, or Parcel - Key Lot."
Kitchen. A room or space within a building used or intended to be used for the cooking or preparation of food, which includes any of the following: stove, oven, range top, dishwasher, kitchen sink.
Definitions, "L."
Laboratory - Non-Medical. A facility for testing, analysis, and/or research. Examples of this use include soils and materials testing labs, and forensic labs. Does not include medical laboratories (see “Medical Service – Clinic, Laboratory, and Urgent Care”).
Land Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained.
Landing. The level portion of a stairway.
Landmark. The following terms are defined for the purposes of Section D2-31 (Landmark (-L) Overlay Zone).
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21 Alteration. Any change or modification, through public or private actions, of any landmark or historical site or of any property located within a landmark district including, but not limited to, changes to or modification of structure, architectural details or visual characteristics such as paint color and surface texture, grading, surface paving, new structures, cutting or removal of trees and other landscape features, disturbance of archaeological sites or areas, and the placement or removal of any objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings and landscape features affecting the visual qualities of the property.
Architectural Feature. The architectural elements embodying style, design, proportions, general arrangement and components of all surfaces of an improvement, including but not limited to, the kind, color or texture of the building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement.
Improvement. Any building, structure, place, work of art or other object constituting a physical betterment of real property or any part of the betterment.
Object. A material thing of functional, aesthetic, cultural, symbolic or scientific value, usually by design or nature moveable.
Ordinary Repairs and Maintenance.
a. Work done on any improvement or landscape feature for which a permit is not needed in compliance with Section D2-31.
b. Replacement of any part of an improvement or landscape feature; for which a permit issued by the Chief Building Inspector is not required by law or by this Zoning Ordinance, where the purpose and effect of the work or replacement is to correct any deterioration or decay of or damage to the improvement or landscape feature or any part thereof and to restore the improvement or feature, as nearly as may be practicable, to its condition prior to the deterioration, decay or damage.
Preservation. The identification, study, protection, restoration, rehabilitation or enhancement of a landmark or historic site.
Landscape and Tree Preservation. The following terms are defined for the purposes of Division D3, Chapter II (Landscape Design Standards), and Division V, Chapter II (Tree Preservation and Protection).
Drought resistant cool season grass. Cool season grasses that can tolerate drought stress. These grasses usually require high water use irrigation scheduling to stay green and vital, but will survive under limited water (e.g., turf type tall fescues, Medallion, and Rebel).
Functional need (for turf). Turf planting which serves a functional or practical need rather than purely aesthetic purpose. Examples include: athletic fields and pedestrian circulation areas.
High water use plantings. Annuals, container plantings, and plants recognized as high water use (e.g., Rhododendrons or Birch) or plants documented as having a plant factor greater than 0.6.
Hydrozone. A landscape area having plants with similar water needs. Typically, a hydrozone is served by a valve or set of valves with the same type of irrigation hardware and schedule.
Irrigation circuit. A section of an irrigation system, including the piping and sprinkler heads or emitters, that is operated by a single remote control valve.
Low water use plants. Plants which are recognized as drought resistant or low water use when established, or plants documented as having a plant factor less than or equal to 0.6.
Microclimate. A section of a landscaped site with unique climatic conditions that affect the amount of water plants within the area use (e.g., courtyards, tree understory areas, and median islands).
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22 Non mechanically compacted soil. Soil which has not undergone engineered compaction procedures.
Organic amendment. Any fully organic material added to the soil to improve soil structure, and other physical properties of the soil (e.g., compost, composted sawdust, peat moss, and redwood soil conditioner).
Overspray. Water which is discharged from an overhead irrigation system outside the desired planting area, especially water which wets adjacent hard surfaces (e.g., patios, sidewalks, and streets).
Plant factor. A number which represents the portion of reference evapotranspiration used by a particular plant. For example, a shrub with a plant factor of 0.5 uses 50 percent of reference evapotranspiration; a tree with a plant factor of 1.2 uses 120 percent of reference evapotranspiration.
Porous mulch. A loose material applied to the soil surface to reduce evaporation and retard weed growth (e.g., compost, decomposed granite, straw, wood chips).
Rain shut off device. A device which automatically shuts the irrigation system off when a measurable amount of rain occurs.
Runoff. Water which is not absorbed by the soil to which it is applied and runs off onto other areas.
Runoff usually occurs when water is applied at a rate greater than the infiltration rate of the soil, and is especially problematic on slopes and on heavy clay soils.
Water feature. Ornamental or functional body of water (e.g., a fountain, pool, or pond).
Water saving techniques (to mitigate runoff from slopes). Landscape design techniques which either allows irrigation to be applied at a rate close to the infiltration rate of the soil or which captures and recycles runoff.
Landscape Area. An area set aside from structures and parking/driveway uses which are developed with Hardscape and Softscape elements. Does not include materials such as turf block when used for parking and/or driveways. See also “Landscape Area – Hardscape” and “Landscape Area – Softscape”. See also “Paved Area”.
Landscape Area – Hardscape. An area comprised of inanimate elements, including but not limited to paving materials (not used for parking), walls, fences, walkways, water features, concrete or brick patios, tile paths, and turf block (not used for parking/driveways uses). Porous materials such as synthetic turf is separately defined under “Landscape Area – Softscape”.
Landscape Area – Softscape. An area comprised of living elements, including but not limited to lawns, trees, shrubs, vines, hedges, and bedding plants. Includes porous materials such as synthetic turf.
Large Family Day Care Home. See "Day Care."
Laundry, Dry Cleaning Plant. A service establishment engaged primarily in high volume laundry and garment services, including: carpet and upholstery cleaners; diaper services; dry cleaning and garment pressing; commercial laundries; linen supply. These facilities may include accessory customer pick-up facilities. These facilities do not include coin operated laundries or laundry/dry cleaning pick up stores without cleaning/processing equipment, which are instead under "Personal Services." Library, Museum, Gallery. A public or quasi-public facility, examples of which include: aquariums, arboretums, art galleries and exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, planetariums, and zoos. May also include accessory retail uses such as a gift/book shop, restaurant, etc.
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23 Live/Work Unit. An integrated housing unit and working space, occupied and utilized by a single household in a structure, either single-family or multi-family, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which 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 or more occupants of the unit.
Lodging.
1. Short term rental. A dwelling that is leased or rented in full or in part for the purpose of overnight lodging for less than thirty (30) consecutive day terms. Short term rentals are not considered home occupations for permitting and are treated separately.
2. Bed and Breakfast Inn (B&B). A residential structure with one or more bedrooms rented for overnight lodging throughout the year, where meals may be provided subject to applicable Environmental Health Department regulations.
3. Hotel or Motel. A facility with guest rooms or suites, with or without kitchen facilities, rented to the general public for transient lodging. Hotels typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc. (Ord. No. 496, § 2, 01/28/2020)
Lot or Parcel. A recorded lot or parcel of real property under single ownership, lawfully created as required by applicable Subdivision Map Act and City ordinance requirements, including this Zoning Ordinance. Types of lots include the following. See Figure 8-3 (Lot Types).
1. Corner Lot. A lot located at the intersection of two or more streets, where they intersect at an interior angle of not more than 175 degrees. If the intersection angle is more than 175 degrees, the lot is considered an interior lot.
2. Double-Frontage Lot. A lot with frontage on two generally parallel streets.
3. Flag Lot. A lot having access from the building site to a public street by means of private right-of-way strip that is owned in fee.
4. Interior Lot. A lot abutting only one street.
5. Key Lot. An interior lot, the front of which adjoins the side property line of a corner lot.
6. Reverse Corner Lot. A corner lot with its longest definition oriented perpendicular to the other lots on the longest block face, the rear of which abuts a key lot.
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24 Figure 8-3 - Lot Types
Lot Area. See Figure 8-4 (Lot Features).
1. Gross area. Gross lot area is the total area included within the lot lines of a lot, exclusive of adjacent dedicated street rights of way.
2. Net area. Net lot area is the gross lot area, not including easements that are not for the exclusive use of the lot on which the easement is located.
Figure 8-4 - Lot Features
Lot Coverage. The percentage of the total area of a lot divided by the area that is occupied by structures over 18 inches in height (including balconies and decks). The area of a structure is measured from the exterior wall to exterior wall. Parking areas, driveways, swimming pools, retaining walls, and other impervious surfaces are not counted towards lot coverage.
Lot Depth. The average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line. See Figure 8-4 (Lot Features). The Director shall determine lot depth for parcels of irregular configuration.
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25 Lot Frontage. The boundary of a lot adjacent to a public street right-of-way. See Figure 8-4.
Lot Line or Property Line. Any recorded boundary of a lot. Types of lot lines are as follows (see Figure 8-4 (Lot Features)):
1. Front Lot Line. On an interior lot, the property line separating the parcel from the street. a. The front lot line on a corner lot is the line with the shortest frontage. If the street-fronting lot lines of a corner lot are equal in length, the front lot line shall be determined by the Director. b. On a double-frontage lot, both lot lines are front lot lines and the lot is considered to have no rear lot line.
2. Interior Lot Line. Any lot line not abutting a street.
3. Rear Lot Line. A property line that does not intersect the front lot line, which is most distant from and most closely parallel to the front lot line.
4. Side Lot Line. Any lot line that is not a front or rear lot line.
Lot Width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. See Figure 8-3 (Lot Features). The Director shall determine lot width for parcels of irregular shape.
Definitions, "M."
Maintenance. See "Repair and Maintenance."
Maintenance and Service Facility. A facility providing maintenance and repair services for fleet vehicles, and accommodating equipment and materials storage areas. This use includes corporation yards, equipment service centers, and similar facilities.
Maintenance and Repair Service. Base facilities for various businesses that provide services on the premises of their clients. Includes gardening, janitorial, pest control, water and smoke damage recovery, and similar services; and appliance, computer, electronics, elevator, equipment, HVAC, instrument, plumbing, security systems, and other maintenance and repair services not operating from a retail establishment that sells the products being maintained or repaired. When these services operate from a retail establishment that sells the products being maintained or repaired, they are instead considered part of the retail use.
Map Act. See "Subdivision Map Act."
Media Production. Facilities for motion picture, television, video, sound, computer, and other communications media production.
Median Income. The annual, area median income applicable to the County, adjusted for family size in compliance with adjustment factors adopted by the United States Department of Housing and Urban Development (HUD). In the event that HUD no longer establishes median income levels at the time of conveyance of a unit, the City will determine by resolution, by any other recognized method of computing median income, the median income for purposes of this Chapter. The determination by the City shall be final and non-appealable.
Medical Services - Clinic, Laboratory, Urgent Care. A facility other than a hospital where medical, mental health, surgical and other personal health services are provided on an outpatient basis. Examples of these uses include:
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26 - medical offices with five or more licensed practitioners and/or medical specialties - out patient care facilities
- urgent care facilities
- other allied health services
These facilities may also include medical laboratories. Counseling services by other than medical doctors or psychiatrists are included under "Offices - Professional/Administrative." Medical Services - Doctor Office. A facility, other than a hospital where medical, dental, mental health, surgical, acupuncture, massage therapy, and/or other personal health care services are provided on an outpatient basis, and that accommodates no more than four licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, etc., other than nursing staff) within an individual office suite. These facilities may also include incidental medical laboratories. A facility with five or more licensed practitioners is instead classified under "Medical Services - Clinic, Laboratory, and Urgent Care." Counseling services by other than medical doctors or psychiatrists in locations other than in the offices of other medical doctors or psychiatrists are included under "Offices - Professional/Administrative." Does not include palm readers, hypnotists, card readers, psychics, and similar services, which are instead included under "Personal Services – Restricted."
Medical Services - Extended Care. Residential facilities providing nursing and health-related care as a primary use with in-patient beds. Examples of these uses include: board and care homes; convalescent and rest homes; extended care facilities; and skilled nursing facilities. Long term personal care facilities that do not emphasize medical treatment are included under "Residential Care." Medical Services - Hospital. Hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on-site accessory clinics and laboratories, accessory retail uses (see the separate definition of "Accessory Retail Uses"), and on-site ambulance dispatch facilities.
Meeting Facility, Public or Private. A facility for public or private meetings, including community centers, religious assembly facilities (e.g., churches, mosques, synagogues, etc.), civic and private auditoriums, Grange halls, union halls, meeting halls for clubs and other membership organizations, etc.
Also includes functionally related internal facilities such as kitchens, multi-purpose rooms, and storage.
Does not include conference and meeting rooms accessory and incidental to another primary use that are typically used only by on-site employees and clients, and occupy less floor area on the site than the offices they support (see "Offices"). Does not include: sports or other commercial entertainment facilities (see "Theater," and "Sports and Entertainment Assembly"); or convention centers (see "Conference/Convention Facility"). Related on-site facilities such as day care centers and schools are separately defined, and separately regulated by Division D2 (Allowable Land Uses and Zoning Standards).
Minor Exception. See Section D6-24 (Minor Exceptions).
Minor Use Permit. See Section D6-28 (Use Permits and Minor Use Permits).
Mixed-Use Project. A project that combines both non-residential and residential uses on the same site.
See Division D2, Chapter III (Mixed Use Zones).
Mobile Home. A trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory built housing. A mobile home on a permanent foundation is included under the definition of "Single-Family Dwellings."
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27 Mobile Home, Boat, or RV Sales. The retail sale of mobile homes, and/or various vehicles and watercraft for recreational uses. Includes the sales of boats, campers and camper shells, jet skis, motor homes, and travel trailers.
Mobile Home Park. Any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes.
Mortuary, Funeral Home. Funeral homes and parlors, where deceased are prepared for burial or cremation, and funeral services may be conducted. Full-service mortuaries include facilities for the preparation of the deceased, and for cremation. Partial service facilities include only chapels and similar rooms for viewing, religious services, wakes, and similar activities, together with accessory office facilities.
Motel. See "Lodging."
Multi-Family Housing. A structure containing two or more dwelling units. Multi-family dwellings include: duplexes, triplexes, fourplexes (buildings under one ownership with two, three or four dwelling units, respectively, in the same structure); apartments (five or more units under one ownership in a single building); townhouse development (three or more attached dwellings where no unit is located over another unit); rowhouses; and other building types containing multiple dwelling units (for example, condominiums, courtyard housing, stacked flats, etc.).
Definitions, "N."
Natural, or Existing Grade. The contour of the ground surface before grading.
Negative Declaration. A Negative Declaration as defined by the California Environmental Quality Act (CEQA).
Net Lot Area. See "Lot Area."
Night Club. A facility that stays open late at night providesing entertainment such as live music and/or dancing, dance halls, ballrooms, comedy, etc. Does not include "Adult Oriented Business." See “Eating and Drinking Establishment with live entertainment” for businesses primarily providing food service in association with live entertainment. See “Meeting Facility, Public or Private” for facilities that primarily provide for public and private meetings.
Nonconforming Parcel. A parcel that was legally created prior to the adoption of this Zoning Ordinance or amendment, but does not comply with the current area, width, depth, or other applicable requirements of this Zoning Ordinance.
Nonconforming Sign. A sign that lawfully existed prior to the effective date of this Zoning Ordinance or amendment, but does not comply with the current sign regulations of this Zoning Ordinance.
Nonconforming Structure. A structure that was legally constructed prior to the adoption or amendment of this Zoning Ordinance, but does not comply with the current setback, height limit, and/or other applicable requirements of this Zoning Ordinance.
Nonconforming Use. A use of land and/or a structure (either conforming or nonconforming) that was legally established and maintained prior to the adoption of this Zoning Ordinance or amendment, but does not conform to the current Zoning Ordinance requirements for allowable land uses within the applicable zone.
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28 Non-Residential Use. A commercial, industrial, public, or other land use type that does not contain or involve one or more dwelling units.
Definitions, "O."
Off-Sale Liquor Establishment. Any establishment at which alcohol is sold, served, or given to patrons, to be consumed off-site, except food markets, supermarkets, drugstores, and other retail establishments in which the sale of alcohol for off-site use constitutes less than 20 percent of the total sales.
Off-Site. An activity or accessory use that is related to a specific primary use, but is not located on the same site as the primary use.
Office. This Zoning Ordinance distinguishes between the following types of offices. These do not include medical offices (see "Medical Service - Clinic, Laboratory, Urgent Care," and "Medical Service - Doctor Office.")
1. Accessory. An office facility for administration, and/or on-site business and operations management that are incidental and accessory to another business, sales, and/or service activity that is the primary use. For example, a business office within a grocery store.
2. Business/Service. Establishments providing direct services to consumers. Examples of these uses include employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, elected official satellite offices, etc. This use does not include “Bank, Financial Services,” which are separately defined.
3. Government. Administrative, clerical, or public contact and/or service offices of a local, state, or federal government agency or service facilities. Includes post offices, but not bulk mailing distribution centers, which are under "Truck or Freight Terminal."
4. Processing. Office-type facilities characterized by high employee densities, and occupied by businesses engaged in information processing, and other computer-dependent and/or telecommunications-based activities. Examples of these uses include:
- airline, lodging chain, and rental car company reservation centers - data processing services
- mail order and electronic commerce transaction processing - telemarketing
5. Professional/Administrative. Office-type facilities occupied by businesses that provide professional services, or are engaged in the production of intellectual property. Examples of these uses include:
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29 - accounting, auditing and bookkeeping services
- advertising agencies
- attorneys
- auto and vehicle sales/rental - wholesale establishment with no on-site storage or display of vehicles (office space only) - business associations, chambers of commerce
- commercial art and design services
- construction contractors (office facilities only)
- counseling services
- court reporting services
- detective agencies and similar services
- design services including architecture, engineering, landscape architecture, urban planning - educational, scientific and research organizations
- financial management and investment counseling
- literary and talent agencies
- management and public relations services
- media postproduction services
- news services
- photographers and photography studios
- political campaign headquarters
- psychologists
- secretarial, stenographic, word processing, and temporary clerical employee services - security and commodity brokers
- writers and artists offices
F. Temporary. A mobile home, recreational vehicle or modular unit used as a temporary office facility. Temporary Offices may include: construction supervision offices on a construction site or off-site construction yard; a temporary on site real estate office for a development project; or a temporary business office in advance of permanent facility construction.
G. Temporary Real Estate. The temporary use of a dwelling unit within a residential development project as a sales office for the units on the same site, which is converted to residential use at the conclusion of its office use.
On-Site. An activity or accessory use that is related to a specific primary use, which is located on the same site as the primary use.
Open Fencing. A fence constructed of rails, pickets, wrought iron, or wire, with the materials spaced so that at least 50 percent of the surface area is open, allowing visibility through the fence.
Ordinary Maintenance and Repair. Work for which a Building Permit is not required, the purpose and effect of which is to correct deterioration of, or damage to a structure, and to restore the structure to its condition before the deterioration or damage.
Organizational House. A residential lodging facility operated by a membership organization for its members and not open to the general public. Includes fraternity and sorority houses, student dormitories, convents, monasteries, and religious residential retreats.
Outdoor Display and Sales. The permanent outdoor display of merchandise incidental to an adjacent indoor retail use, and certain independent outdoor retail sales facilities. Includes news and flower stands, and outdoor dining areas. Does not include the sale of automobiles and recreational vehicles ("Auto and Vehicle Sales and Rental"), mobile homes ("Mobile Home, Boat, or RV Sales"), or building or landscape materials ("Building and Landscape Materials Sales - Outdoor). Outdoor display and sales shall comply with the standards for "Outdoor Displays, Storage and Vending" in Section D4-35.
Outdoor Storage. See "Storage - Outdoor."
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30 Outdoor Vendor. A person with a current business license who sells, or offers to sell any type of merchandise, including food, beverages or edibles of any type whether hot, cold, fresh, prepared or packaged, from a mobile food truck, or at an approved location other than within a building or structure constructed on a permanent foundation that is rented, leased, or owned by that person.
1. Vending. Selling or offering to sell any type of merchandise, including food, beverages or edibles of any type, at any location other than within a building or structure constructed on a permanent foundation, which is rented, leased, or owned by the person selling or offering to sell the merchandise.
2. Vending Equipment. Includes any materials, merchandise, tools, vehicles, carts, tables, chairs or other items owned by, in the possession of or associated with a licensed vendor.
Definitions, "P."
Parcel. See "Lot, or Parcel."
Park and Recreation Facility. An outdoor recreation facility that may provide a variety of recreational opportunities including playground equipment, open space areas for passive recreation and picnicking, and sport and active recreation facilities.
Parking Facility - Public or Commercial. Parking lots or structures operated by the City, or a private entity providing parking for a fee. Does not include towing impound and storage facilities, which are instead defined under "Storage - Outdoor."
Paved Area. An area comprised of but not limited to materials providing a hard or semi-hard (turf block) surface used for parking and/or driveway uses. Does not include elements such as walkways, concrete or brick patios, and tile paths. See also “Landscape Area.” Permit. Authorization by the Planning Department to establish a land use. Does not include building permits, electrical permits, plumbing permits, etc. which may also be required to establish a land use.
Playground. An area occupied by children's play equipment, including climbing equipment, sandboxes, slides, swings, and/or similar equipment.
Pedestrian Orientation. A physical structure or place with design qualities and elements that contribute to an active, inviting and pleasant place for pedestrians that typically includes most of the following elements:
1. Building facades that are highly articulated at the street level, with interesting uses of material, color, and architectural detailing, located directly behind the sidewalk;
2. Visibility into buildings at the street level;
3. A continuous sidewalk, with a minimum of intrusions into pedestrian right-of-way;
4. Continuity of building facades along the street with few interruptions in the progression of buildings and stores;
5. Signs oriented and scaled to the pedestrian rather than the motorist.
Pedestrian orientation may also include: design amenities related to the street level, such as awnings, paseos, and arcades; landscaping and street furniture.
Pedestrian Oriented Use. A land use that is intended to encourage walk-in customers and that generally does not limit the number of customers by requiring appointments or otherwise excluding the general public. A pedestrian oriented use provides spontaneous draw from sidewalk and street due to visual interest, high customer turnover, and/or social interaction.
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31 Permit. Authorization by the Department to establish a land use. Does not include building permits, electrical permits, plumbing permits, etc., which may also be required to establish a land use.
Person. Any individual, firm, partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.
Personal Services. Establishments providing non-medical services to individuals as a primary use.
Examples of these uses include:
- barber and beauty shops
- permanent make-up and body piercing services
- clothing rental
- dry cleaning/laundry pick up
- stores with limited equipment (no on-site plant)
- home electronics and small appliance repair
- laundromats (self service laundries)
- locksmiths
- massage (licensed, therapeutic, non-sexual)
- pet grooming with no boarding
- shoe repair shops
- tailors
- tanning salons
These uses may also include accessory retail sales of products related to the services provided.
Personal Services - Restricted. Personal services that may tend to have a blighting and/or deteriorating effect upon surrounding areas and which may need to be dispersed to minimize their adverse impacts.
Examples of these uses include:
- check cashing stores
- fortune tellers
- palm and card readers
- pawnshops
- psychics
- spas and hot tubs for hourly rental
- tattoo and body piercing services
Pharmacy, Medical Supplies. A retail store that sells prescription drugs, and/or other medical supplies.
Planning Commission. The City of San Ramon Planning Commission, appointed by the San Ramon City Council in compliance with Government Code Section 65101, referred to throughout this Zoning Ordinance as the "Commission."
Planning Permit. Authority granted by the City to use a specified site for a particular purpose. "Planning Permit" includes Use Permits, Minor Use Permits, Limited Term Permits, Variances, Minor Variances, Design Review, Master Development Plans, and Zoning Clearances, as established by Division D6 (Planning Permit Procedures) of this Zoning Ordinance.
Plant Nursery. A commercial agricultural establishment engaged in the production of ornamental plants and other nursery products, grown under cover either in containers or in the soil on the site, or outdoors in containers. The outdoor production of ornamental plants in the soil on the site is instead included under "Crop Production, Horticulture, Orchard, and Vineyard." Also includes establishments engaged in the sale of these products (e.g., wholesale and retail nurseries) and commercial-scale greenhouses (home greenhouses are included under "Residential Accessory Use or Structure"). The sale of house plants or other nursery products entirely within a building is also included under "Retail, general." Porch. A covered but otherwise open platform that provides a transition between the interior of a building and the public space of the street.
Portable Outdoor Storage Unit. Any container designed for the transportation and/or storage of personal property which is typically rented to owners or occupants of property for their temporary use which is delivered and removed by truck.
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32 Primary Structure. A structure that accommodates the primary use of the site.
Primary Use. The main purpose for which a site is developed and occupied.
Printing and Publishing. An establishment engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; establishments manufacturing business forms and binding devices. "Quick printing" services are included in the definition of "Business Support Services."
Private Residential Recreation Facility. A privately-owned, non-commercial outdoor recreation facility provided for residential project or neighborhood residents, including swimming pools, swim and tennis clubs, sport court facilities. Does not include golf courses and country clubs, which are separately defined.
Produce Stand. A temporary business established and operated for a specific time, selling raw, unprocessed fruits, vegetables, nuts, and other produce in its raw or natural state, and that is accessory to an on-site or adjacent agricultural operation.
Property Line. See "Lot Line or Property Line."
Proposed Project. A proposed new structure, new addition or alteration to an existing structure, or area of other new site development; these do not include the alteration of any portion of an existing structure other than an addition.
Protected Zone of a Tree. For the purposes of Division D5, Chapter II (Tree Preservation and Protection), the protected zone of a tree is determined by following method that protects the largest ground area:
1. The maximum extent of the drip line of the tree plus five feet, projected in a circle around the tree, with the trunk at the center of the circle; or
2. A circle equal to the trunk diameter in inches converted to feet. (For example, the radius of the protected zone of a tree with a trunk diameter of six inches is six feet.) Trunk diameter is measured at 54 inches above the ground. In the case of a trunk that is divided into limbs at a point below 54 inches, the trunk diameter shall be measured at the narrowest diameter of the trunk between the base of the tree and 54 inches above the ground.
Public Right-of-Way (ROW). Public streets and utility easements owned by the City or other public entity, but only to the extent of the City or public entity’s right, title, interest or authority to grant a license to occupy and use such streets and easements for wireless communication facilitates.
Public Safety Facility. A facility operated by a public agency including fire stations, other fire prevention and firefighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities. May include ambulance dispatch facilities on the same site.
Definitions, "Q."
Qualifying Resident. A senior citizen or other person eligible to reside in senior citizen housing (for example, a senior citizen's spouse who is less than 55 years of age.
Definitions, "R."
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33 Recreation Area. An area that is primarily designed or intended to be used solely for a sport, athletic or game activity, such as but not limited to tennis, handball, volleyball, basketball, shuffleboard, and ball batting. A Recreation Area encompasses such elements as fencing, lighting, overhead enclosure, netting, equipment, and other structures designed, used or intended to be used in an activity conducted on a recreation area. A Recreation Area does not include “dual use” recreation areas which combines a primary use such as a driveway and/or patio with an alternative use such as a permanent sport, athletic, or game structure (e.g. a permanent basketball hoop on a driveway). See also “Accessory Structure”.
Recreational Vehicle (RV). A motor home, travel trailer, truck camper, carryall, or camp trailer, house car, with or without motive power, typically designed for human habitation for recreational, emergency, or other occupancy, which:
1. Contains less than 320 square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms; and
2. Contains 400 square feet or less of gross area measured at maximum horizontal projections; and
3. Is built on a single chassis; and
4. Is either self-propelled, truck-mounted, or permanently towable on the highways without a towing permit.
Also includes vehicles for non-habitation recreational and work purposes such as boats, boat trailers, offroad vehicles, other types of trailers, golf carts, and busses.
Also See “Trailer” definition
Recreational Vehicle Park. A site where one or more lots are used, or are intended to be used, by campers with recreational vehicles or tents. Recreational vehicle parks may include public restrooms, water, sewer, and electric hookups to each lot and are intended as a higher density, more intensively developed use than campgrounds. May include accessory retail uses where they are clearly incidental and intended to serve RV park patrons only.
Recycled Water. Treated or recycled waste water of quality suitable for non-potable uses such as landscape irrigation and water features. It is not intended for human consumption. Recycled water also includes reclaimed water. Graywater is separately defined under "Graywater”.
Recycling Facility. A center for the collection and/or processing of recyclable materials. A "certified" recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986.
1. Small Collection Facility. A center where the public may donate, redeem or sell recyclable materials.
Small collection facilities which occupy an area of 500 square feet or less and may include a mobile unit;
2. Large Collection Facility. Large collection facilities which occupy an area of more than 500 square feet and/or include permanent structures.
3. Mobile Recycling Unit. An automobile, truck, trailer, or van used for the collection of recyclable materials, carrying bins, boxes, or other containers.
4. Processing Facility. A structure or enclosed space used for the collection and processing of recyclable materials for shipment, or to an end-user's specifications, by such means as baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, re-manufacturing and shredding. Processing facilities include the following types, both of which are included under the definition of "Scrap and Dismantling Yards," below:
a. Light processing facility occupies an area of under 45,000 square feet of collection, processing and storage area, and averages two outbound truck shipments each day. Light processing facilities are
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34 limited to baling, briquetting, compacting, crushing, grinding, shredding and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers; and
b. A heavy processing facility is any processing facility other than a light processing facility.
5. Recycling or Recyclable Material. See Section D 4-37(A)
6. Reverse Vending Machine. An automated mechanical device which accepts at least one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value, as determined by State law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers.
A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and issues a cash refund based on total weight instead of by container.
7. Unattended Donation and Collection Boxes. Unattended donation and collections box or bin means any unattended container, receptacle, or similar device that is located on any lot within the City and that is used for soliciting and collecting donations of clothing or other small scale salvageable personal property. This term does not include recycle bins for the collection of “recyclable material” as defined by Section D4-37 A. (1) or any unattended donation or collection box located inside a building.
8. Scrap and Dismantling Yard. Outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap, and the incidental wholesale or retail sales of parts from those vehicles. Includes light and heavy processing facilities for recycling (see the definitions above). Does not include: pawn shops, and other secondhand stores; the sale of operative used cars; or landfills or other waste disposal sites.
Related Equipment. The term “related equipment” shall mean all equipment ancillary to the transmission and reception of data via radio frequencies. It includes, but is not limited to equipment pads, equipment shelters, cabinets, buildings and access ladders.
Repair Service - Equipment, Large Appliances, etc. A service facility where various types of electrical, electronic, and mechanical equipment, and home and business appliances are repaired and/or maintained away from the site of the equipment owner. Does not include vehicle repair or maintenance, which is included under "Vehicle Services", the repair of small home appliances and electronic equipment, which is included under "Personal Services", maintenance and repair activities that occur on the client's site, which are included under "Maintenance Service - Client Site Services," or repair services provided on the site of a retail use that sells the products for which repair services are offered, which are incidental to the on-site sales.
Repair and Maintenance. For the purposes of Section D2-4 (Exemptions from Land Use Permit Requirements) and Division D7, Chapter I (Nonconforming Uses, Structures, and Parcels), repair and maintenance includes work on a building or other structure involving: cleaning; interior and exterior painting; re-roofing; the patching of cracks, holes, and other damage to interior and exterior walls; the replacement or repair of electrical or plumbing fixtures and lines; but does not include changes to any structural member.
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35 Research and Development, General. A facility for scientific research, and the design, development and testing of electrical, electronic, magnetic, optical and computer and telecommunications components in advance of product manufacturing, and the assembly of related products from parts produced off-site, where the manufacturing activity is secondary to the research and development activities, and where no more than 30 percent of the total floor area is office. Includes pharmaceutical, chemical and biotechnology research and development. Does not include soils and other materials testing laboratories (see "Laboratory – Non-Medical"), or medical laboratories (see "Medical Service - Clinic, Laboratory, Urgent Care").
Research and Development, Limited. A facility for scientific research, and the design, development and testing of electrical, electronic, magnetic, optical and computer and telecommunications components in advance of product manufacturing where the primary floor area use is professional office-based.
Includes limited assembly of related products from parts produced off-site, storage, and warehousing associated with principle office use. Includes pharmaceutical, chemical and biotechnology research and development. Does not include soils and other materials testing laboratories (see "Laboratory – NonMedical"), or medical laboratories (see "Medical Service - Clinic, Laboratory, Urgent Care").
Residential Care. A single-family dwelling or multi-unit facility licensed or supervised by a Federal, State, or local health/welfare agency that provides 24-hour non-medical or medical (RCFE) care of unrelated persons who are handicapped and in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environment.
Does not include day care facilities, which are separately defined under “Day Care.” Residential Care Facility for the Elderly (RCFE). A housing arrangement chosen voluntarily by the residents, or the residents’ guardians, conservators or other responsible persons; where 75 percent of the residents are at least 62 years of age, or, if younger, have needs compatible with other residents; and where varying levels of care and supervision are provided, as agreed to at the time of admission or as determined necessary at subsequent times of reappraisal (definition from California Code of Regulations Title 22, Division 6, Chapter 6, Residential Care Facilities for the Elderly). RCFE projects may include basic services and community space.
RCFE projects include assisted living facilities (board and care homes), congregate housing, independent living centers/senior apartments, and life care facilities as defined below.
1. Assisted Living Facility. A residential building or buildings that also provide housing, personal and health care, as permitted by the Department of Social Services, designed to respond to the daily, individual needs of the residents. Assisted Living Facilities may include kitchenettes (small refrigerator, sink and/or microwave oven) within individual rooms. Assisted Living Facilities are required to be licensed by the California Department of Social Services, and do not include skilled nursing services.
2. Independent Living Center/Senior Apartment. Independent living centers and senior apartments are multi-family residential projects reserved for senior citizens, where common facilities may be provided (for example, recreation areas), but where each dwelling unit has individual living, sleeping, bathing, and kitchen facilities.
3. Life Care Facility. Sometimes called Continuing Care Retirement Communities, or Senior Continuum of Care Complex, these facilities provide a wide range of care and supervision, and also provide health care (skilled nursing) so that residents can receive medical care without leaving the facility. Residents can expect to remain, even if they become physically incapacitated later in life. Life Care Facilities require multiple licensing from the State Department of Social Services, the State Department of Health Services, and the State Department of Insurance.
Residential Component of Mixed Use Project. See "Mixed Use Project."
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36 Resource Management. The following terms and phrases are defined for the purposes of Division D5 Chapter 1 (Hillside, Creek, and Ridgeline Areas).
Creek. A watercourse as shown in General Plan 2030 Figure 8-3 (Resource Management).
Hillside. A part of a hill between the summit and the foot with slopes of 10 percent or more.
Hilltop. The highest elevation at the crest of a hill.
Pocket Area. Land located between any parallel ridges which are separated by less than 1,500 feet measured horizontally.
Ridge. An elongated crest or series of crests of a hill. Major Ridges and Minor Ridges are designated as shown in the General Plan 2030 Figure 8-3 (Resource Management).
Ridgeline. A ground line located at the highest elevation of and running parallel to the long axis of a ridge.
Riparian Vegetation. Vegetation associated with a watercourse which requires or tolerates moisture in excess of that available in adjacent uplands.
Undevelopable Land.
a. Land with an existing, natural slope in excess of 20 percent with a minimum elevation differential of 40 feet and a minimum contiguous area of three acres; or
b. Riparian corridors or associated vegetated areas of creeks, intermittent streams, perennial streams, or lakes.
Review Authority. The individual or official City body (the Planning Director, Zoning Administrator, Architectural Review Board, Planning Commission, or City Council) identified by this Zoning Ordinance as having the responsibility and authority to review, and approve or disapprove the permit applications described in Division D6 (Planning Permit Procedures).
Retail, general. Stores, showrooms and shops selling a variety of retail merchandise not specifically listed under another defined use.
Does not include adult oriented businesses, antique or collectible stores, furniture, furnishings, and appliance stores, or second hand stores, which are separately defined.
Rooming or Boarding House. A dwelling or part of a dwelling where rooms may be rented for occupancy by no more than four persons who are not members of a single housekeeping unit, with no more than four bedrooms rented in each dwelling. Does not include fraternities, sororities, convents, or monasteries, which are separately defined under "Organizational House." Rowhouse. Two-story dwellings fronting a sidewalk that occupy the entire width of their parcels, without side setbacks.
Definitions, "S."
School. An institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained in compliance with standards set by the State Board of Education. This definition includes a kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education or an institution of higher education, including a community or junior college, college, or university, but it does not include a vocational institution. Includes the following facilities.
1. Elementary, Middle, Secondary. A public or private academic educational institution, including elementary (kindergarten through 6th grade), middle and junior high schools (7th and 8th grades),
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37 secondary and high schools (9th through 12th grades). May also include any of these schools that also provide room and board.
2. Specialized Education/Training. A school that provides education and/or training, typically accommodating more than 25 students at a time, including vocational training, in limited subjects.
Examples of these schools include:
- art school
- ballet and other dance school
- business, secretarial, and vocational school
- computers and electronics school
- drama school
- driver education school
- establishments providing courses by mail
- language school
- martial arts
- music school
- professional school (law, medicine, etc.)
- seminaries/religious ministry training facility
Does not include pre-schools and child day care facilities (see "Day Care"). See also the definition of "Studio - Art, Dance, Martial Arts, Music, etc." for smaller-scale facilities offering specialized instruction.
(Ord. No. 496, § 2, 01/28/2020)
Second Hand Store. A retail store that buys and sells used products, including clothing, furniture and household goods, jewelry, appliances, musical instruments, business machines and office equipment, tools, motors, machines, instruments, or any similar secondhand articles or objects. Does not include bookstores (“Retail, general”); secondhand farm and construction equipment (“Construction, Farm, and Heavy Equipment Sales and Rental”); junk dealers, or scrap/dismantling yards (Recycling Facilities - Scrap and Dismantling Yards”); the sale of antiques and collectibles (“Antique or Collectible Store"); the sale of cars and other used vehicles ("Auto and Vehicle Sales and Rental"); or pawnshops ("Personal Services - Restricted").
Second Unit. See “Accessory Dwelling Unit (ADU).”
Senior Housing. The following terms are defined for the purposes of Section D2-33 (Senior Housing (- SH) Overlay Zone).
Senior Housing Development. A residential project of at least 35 dwelling units that are developed for, or substantially rehabilitated or renovated for senior citizens. (Ord. No. 496, § 2, 01/28/2020)
Senior citizen. A person 55 years of age or older.
Households of very low income levels. A person or family whose income does not exceed 50 percent of the area median income, adjusted for family size and revised annually.
Households of low income levels. A person or family whose income does not exceed 80 percent of the area median income, adjusted for family size and revised annually.
Separately Accessible Storage Unit. A personal storage unit provided as part of a multi-family residential use that is fully enclosed, but separately accessible from the out-of-doors, as opposed to indoor storage units that are individually accessible but only from within the enclosed structure.
Service Station. See "Vehicle Services – Service Station." Setback. The distance by which a structure, parking area or other development feature must be separated from a lot line, other structure or development feature, or street centerline. See also "Yard," and Section D3-10 (Setback Requirements and Exceptions).
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38 Sign. The City of San Ramon Sign Ordinance is in Division D3, Chapter IV of this Zoning Ordinance.
Definitions of the technical and specialized terms and phrases used in the Sign Ordinance are in Section D3-44 (Definitions).
Single Family Dwelling. A building designed for and/or occupied exclusively by one family. Also includes factory built, modular housing units, constructed in compliance with the Uniform Building Code (UBC), and mobile homes/manufactured housing units that comply with the National Manufactured Housing Construction and Safety Standards Act of 1974, placed on permanent foundation systems.
Single-Room Occupancy (SRO) Unit. One-room dwelling unit intended for occupancy by a single individual. They are distinct from a studio or efficiency unit, in that a studio is a one-room dwelling unit that must contain a kitchen and bathroom. Although SRO units are not required to have a kitchen or bathroom, many SROs have one or the other.
Site. A parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use.
Small Family Day Care Home. See "Day Care."
Solid Waste Transfer Station. A facility that receives primarily solid waste materials, from commercial vehicles for the purpose of storing and handling prior to transferring to another facility.
Social Service Organization. A public or quasi-public establishment providing social and/or rehabilitation services, serving persons with social or personal problems requiring special services, the handicapped, and the otherwise disadvantaged. Examples of this land use include: counseling centers, welfare offices, job counseling and training centers, or vocational rehabilitation agencies. Includes organizations soliciting funds to be used directly for these and related services, and establishments engaged in community improvement and neighborhood development. Does not include day care services, emergency shelters, transitional and supportive housing, or "Residential Care," which are separately defined.
Specific Plan. A plan that details land use and development regulations, planned infrastructure and public improvements, financing measures, and other topics, in compliance with Government Code Section 65450 et seq.
Sport Court. See "Recreation Area."
Sports and Entertainment Assembly. A large-scale indoor or outdoor facility accommodating spectator-oriented sports, concerts, and other entertainment activities. Examples of this land use include amphitheaters, race tracks, stadiums and coliseums.
Sports and Active Recreation Facility. Public and private facilities for various outdoor sports and other types of recreation, where the facilities are oriented more toward participants than spectators. Examples include:
- athletic/sport fields (e.g., baseball, football, softball, soccer) - health and athletic club outdoor facilities
- skateboard parks
- swimming pools
- tennis and other sport courts (e.g., handball, squash) Storage - Accessory. The indoor storage of materials accessory and incidental to a primary use is not considered a land use separate from the primary use.
Storage - Outdoor. The storage of various materials outside of a structure other than fencing, either as an accessory or primary use.
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39 Storage - Personal Storage Facility. Structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand.
Storage - Vehicle. See "Vehicle Storage."
Storage - Warehouse, Indoor Storage. Facilities for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include: warehouse, storage or mini storage facilities offered for rent or lease to the general public ("Storage - Personal Storage Facility"); warehouse facilities primarily used for wholesaling and distribution (see "Wholesaling and Distribution"); or terminal facilities for handling freight (see "Truck or Freight Terminal").
Story. The portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above, the space between the floor and the ceiling above. Parking structures, basements and other usable space that are 4 feet or less above average existing grade (prior to construction) to the floor above, are not considered a story, but shall be included in the overall height calculation for the structure.
Street. A public thoroughfare accepted by the City, which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley, which is separately defined.
Structure. Anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. For the purposes of this Zoning Ordinance, the term "structure" includes "buildings," but does not include swimming pools.
Structure Ridgeline. The line along the top of a structure, including existing parapets, penthouses, or mechanical equipment screens.
Studio - Art, Dance, Martial Arts, Music, etc. Small scale facilities, typically accommodating one group of 25 students or fewer at a time, in no more than one instructional space. Larger facilities accommodating more than 25 students are included under the definition of "Schools - Specialized education and training." Examples of these facilities include: small-scale tutoring centers; individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios; gymnastics instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment. Also includes production studios for individual musicians, painters, sculptors, photographers, and other artists. Individual photographer studios are also included in the definition of "Office – Professional/Administrative." (Ord. No. 496, § 2, 01/28/2020)
Studio Unit. A residential unit where living and sleeping space is combined in a single room.
Subdivision. The division, by any subdivider, of any unit or portion of land shown on the latest equalized Contra Costa County assessment roll as a unit or contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights of way. Subdivision includes the following, as defined in Civil Code Section 1715: a condominium project; a community apartment project; or the conversion of five or more existing dwelling units to a stock cooperative.
Supportive Housing. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
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40 Surface Mining. All or any part of the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open pit mining of minerals naturally exposed, mining by the auger method, dredging, and quarrying, or surface work incidental to an underground mine. Surface mining operations include: inplace distillation, leaching, or retorting; the production and disposal of mining wastes; and prospecting and exploratory activities. Surface mining operations also include the creation of borrow pits, segregation, streambed skimming, and the stockpiling and recovery of mined materials.
Definitions, "T."
Temporary Structure. A structure without any foundation or footings, and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
Temporary Use. A land use that is designed, operated and occupies a site for a limited time, typically less than 12 months.
Temporary Use Permit. See Section D6-27 (Temporary Use Permit).
Theater. An indoor facility for group entertainment, other than sporting events. Examples of these facilities include:
- civic theaters, and facilities for "live" theater and concerts - movie theaters
See also "Sports and Entertainment Assembly."
Top of Creek Bank. The uppermost ground elevation paralleling a creek or watercourse where the gradient changes from a more defined vertical component to more horizontal.
Trailer. A vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle. Examples include, but are not limited to: boat trailers, cargo and utility trailers, work trailers, car and motorcycle trailers, livestock trailers, camping and travel trailers (See RV Definition) "Trailer" also includes semitrailers (no front trailer axle) and a semitrailer when used in conjunction with an auxiliary dolly, if the auxiliary dolly is of a type constructed to replace the function of the drawbar and the front axle or axles of a trailer.
Transit Station or Terminal. A passenger station for vehicular, and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system.
Includes buses terminals, taxi stands, railway stations, etc.
Transitional Housing. A residence that provides housing for up to two years. Residents of transitional housing are usually connected to supportive services designed to assist the homeless in achieving greater economic independence and a permanent, stable living situation.
Transportation Service Dispatch Facility. A base facility where taxis and/or limousines are stored until dispatched, and/or where ambulance vehicles and crews not based at a hospital or fire department stand by for emergency calls. Does not include dispatch services that have no on-site vehicle storage, which are instead included under "Office - Professional/Administrative." Truck or Freight Terminal. A transportation facility furnishing services incidental to air, motor freight, and rail transportation. Examples include:
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41 - freight forwarding services
- freight terminal facilities
- joint terminal and service facilities
- overnight mail processing facilities
- packing, crating, inspection and weighing services
- postal service bulk mailing distribution centers
- transportation arrangement services
- trucking facilities, including transfer and storage
Definitions, "U."
Un-Serviced Area. An area that is not provided City services.
Unit Owner, or Owner. The holder(s) of record fee title to a unit. "Unit owner" includes a contract purchaser ("vendee") under an installment land contract.
Use. See "Land Use."
Use Permit. See Section D6-28 (Use Permit and Minor Use Permit).
Use, Primary. See "Primary Use."
Utility Facility. A fixed base structure or facility serving as a junction point for transferring electric utility services from one transmission voltage to another or to local distribution and service voltages, and similar facilities for water supply and natural gas distribution. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091:
- electrical substations and switching stations
- natural gas regulating and distribution facilities
- public water system wells, treatment plants and storage tanks - telephone switching facilities
- wastewater treatment plants, settling ponds and disposal fields These uses do not include office or Customer Service centers (classified in "Offices").
Utility Infrastructure. Pipelines for water, natural gas, and sewage collection and disposal; and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company.
Also includes telephone, telegraph, cable television and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service centers (see "Offices - Business and Service"), or distribution substations (see "Utility Facility").
Definitions, "V."
Variance. See Section D6-29 (Variances).
Vehicle Fueling-Alternative Fuels. Alternative vehicle fuels include a range of fuel sources beyond traditional gasoline and diesel options. Common examples include compressed natural gas (CNG), biodiesel, electricity and hydrogen. Facilities that specialize in the retail sales of these fuels are subject to the Service Station requirements. Accessory fueling stations must be accessed on the specifics of the proposal and degree of retail and public availability.
Vehicle Services. The repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes the following categories.
1. Major Repair/Body Work. These establishments include towing, collision repair, other body work, and painting services; muffler and radiator shops; tire recapping.
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42 2. Minor Maintenance/Repair. Minor facilities providing limited repair and maintenance services.
Examples include: attended and self-service car washes; detailing services; quick-lube services; tire and battery sales and installation (not including recapping).
3. Service Station. A retail business selling gasoline and/or other motor vehicle fuels, and related products. May include a convenience store, minor maintenance/repair facilities and services. A service station does not include Electric Vehicle Charging Stations (Accessory) or private fueling facilities (corporate yards, etc.) not available to the general public.
4. Service Station- Unattended. A service station (Fueling Station) that does not have an onsite attendant during the hours that fuel or related services are available to the general public. An unattended service station will have automated systems for safety, security and payment.
5. Towing and Storage. An establishment that dispatches tow trucks and that may include the temporary outdoor storage of wrecked and other inoperable vehicles.
6. Washing, Attended. A commercial facility for washing cars where washing or drying is done by employees of the facility.
7. Washing, Unattended. A commercial facility for washing cars where the car operator washes the vehicle using on-site equipment, or drives through an automated car washing and drying facility.
Does not include automobile parking (see "Parking Facilities"), repair shops that are part of a vehicle dealership on the same site (see "Auto and Vehicle Sales and Rental," and "Mobile Home, RV, and Boat Sales and Rental"); gas stations, which are separately defined; or dismantling yards, which are included under "Recycling - Scrap and Dismantling Yards."
Vehicle Storage. A facility for the storage of operative cars and other fleet vehicles, trucks, buses, recreational vehicles, and other motor vehicles. Includes facilities for the storage and/or servicing of fleet vehicles. Also includes the parking of a vehicle on private property for more than 72 hours without operation. Does not include commercial parking lots, or dismantling yards (classified in "Recycling - Scrap and Dismantling Yards").
Video Rental. See "Retail, general" and "Adult Oriented Business." Definitions, "W."
Warehouse. See "Storage - Warehouse, Indoor Storage."
Warehouse Retail. A retail store that emphasizes the packaging and sale of products in large quantities or volumes, some at discounted prices, where products are typically displayed in their original shipping containers. Sites and buildings are usually large and industrial in character. Patrons may be required to pay membership fees.
Watercourse. A creek, stream, or other waterway.
Wholesaling and Distribution. An establishment engaged in selling merchandise to retailers; to contractors, industrial, commercial, institutional, farm, or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Small scale facilities shall be an establishment up to a maximum of gross floor area of 5,000 square feet. Examples of these establishments include:
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43 - agents, merchandise or commodity brokers, and commission merchants - assemblers, buyers and associations engaged in the cooperative marketing of farm products - merchant wholesalers
- stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment.
Also includes storage, processing, packaging, and shipping facilities for mail order and electronic commerce retail establishments.
Windmill. A tower and propeller assembly used to transform wind energy into mechanical energy for generating electricity or pumping water.
Wine Tasting. A facility, or area within a winery where wine and related products are offered for retail sale, where wine may be tasted for a fee, or without charge.
Winery. A manufacturing facility where wine grapes are crushed, and their juice is fermented, aged, bottled, and sold at wholesale as finished wine. May include tasting and accessory retail sales of wine produced on site.
Wireless Telecommunications Facilities. A facility that transmits and/or receives electromagnetic signals, including antennas, microwave dishes, parabolic antennas, directional antennas and other types of equipment for the transmission or reception of such signals, including towers or similar structures supporting the equipment such as equipment buildings, shelters, cabinets, parking areas and other accessory development related to the main facility.
1. Antenna. A system of poles, panels, rods, reflecting discs, wires or similar devices used for the transmission or reception of electromagnetic signals, including but not limited to radio waves and microwaves. The antenna does not include its support system it is mounted on. See also "Telecommunications Facilities."
2. Antenna, Array. A structure attached to a telecommunications tower that supports the antennas.
3. Antenna, Directional or Panel. An antenna which transmits and/or receives radio frequency signals in a directional pattern of less than 360 degrees.
4. Antenna, Amateur Radio (HAM). A ground, building, or tower-mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service and as designated by the Federal Communications Commission (FCC).
5. Antenna, Facade Mounted. An antenna which is directly attached or affixed to the elevation of a building, tank, tower, or other structure.
6. Antenna, Farm. The term “antenna farm” is used to describe the negative visual impact associated with the placement of a number of antenna facilities in close proximity to each other.
7. Antenna, Ground Mounted. An antenna which base is a single pole or multiple poles or posts, placed directly on the ground or a mast that is less than 15 ft. tall.
8. Antenna, Omni-Directional or Whip. An antenna, which transmits and/or receives radio frequency signals in a 360-degree radial pattern.
9. Antenna, Parabolic or Satellite. An antenna which is any device incorporating a reflective surface that is solid, open mesh, or a bar configuration that is a shallow dish, cone, horn, bowl or cornucopia shaped and is used to transmit and/or receive electromagnetic or radio frequency communication signals in a specific directional pattern.
10. Antenna, Portable. An antenna which is any device used to transmit and/or receive electromagnetic or radio frequency communications signals in a specific directional pattern, located on a portable or moveable base designed to be placed either for temporary or long-term use at a given site.
11. Antenna, Roof-Mounted. An antenna which is directly attached or affixed to the roof of an existing structure which transmits or receives electromagnetic signals.
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44 12. Antenna, Television Broadcast Service (TVBS). An antenna designed to receive only television signals directly to and/or from a satellite.
13. Co-location. The placement of two or more wireless communications facilities on a single support structure or otherwise sharing a common location. Co-location shall also include the placement of wireless communications facilities on buildings, water tanks, light poles, electricity towers, or other existing facilities and/or structures.
14. Communication Facility. An unstaffed facility, generally consisting of antennas, and equipment cabinet or structure, and related equipment, which receives and/or transmits electromagnetic waves, light waves, radio frequencies or other types of signals.
15. Direct Broadcast Satellite Service (DBS). A system in which signals are transmitted directly from a satellite to a small receiving dish whose diameter is less than one meter (39 inches) in a residential property and two meters (78 inches) in a commercial property.
16. Electromagnetic Radiation (EMR). A type of non-ionizing electromagnetic radiation (radio frequency within the electromagnetic spectrum), including radio, TV signals and microwaves. Other forms of this radiation include visible light, and infrared radiation that is sensed as heat.
17. Emission. The electromagnetic energy propagated from a source by radiation or conduction.
18. Equipment Building, Shelter or Cabinet. A cabinet, building or shelter at the telecommunications facility site used to house equipment which supports the telecommunications system, or equipment associated with a wireless, hard wire, or cable communication facility.
19. Lattice Tower. A self-supporting structure erected from the ground, which consists of metal crossstrips or bars to support antennas and related equipment.
20. Monopole. A wireless communication facility which consists of a single-pole structure or spire, exceeding 15 feet, erected on the ground to support wireless communication antennas and related hardware pieces.
21. Multipoint Distribution Service. A microwave communication service that delivers video programming, data and/or voice communication directly to subscribers, including multi-channel multipoint distribution series, instructional television fixed services, and local multipoint distribution services, or as defined by the Section 207 of the Telecommunications Act of 1996, Section 1.4000 of Title 47 of the Code of Federal Regulations and any interpretative decisions thereof issued by the Federal Communications Commission.
22. NIER (Non-Ionizing Electromagnetic Radiation) Professional. A certified professional, usually an Electrical Engineer, health physicist or other technical expert with an understanding of electromagnetic radiation and its health effects. A NIER professional must have substantial professional experience performing environmental measurements of radio frequency (RF) exposure and preparing RF environmental evaluation reports for a variety of entities.
23. Radio Frequency (RF). Electromagnetic energy with wavelengths between the audio range and the light range. Electromagnetic waves transmitted are usually between 500 kHz (kilohertz – one thousand hertz) and 300 GHz (gigahertz – one billion cycles per second).
24. Satellite Dish or Antenna. A device incorporating a reflective surface that is solid, open mesh, or bar configured to form a shallow dish, cone, horn, or cornucopia used to transmit and/or receive electromagnetic signals. This definition includes antennas that are sometimes called “SES”, “TVBS”, and “DBS”.
25. Satellite Earth Station. A facility consisting of more than a single satellite dish or parabolic antenna that transmits and/or receives signals from an orbiting satellite.
26. Service Provider. Any authorized provider of telecommunications services.
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45 27. Stealth Facility. A communications facility designed to blend into the surrounding environment, and be visually unobtrusive. Examples include architecturally screened roof-mounted antennas; buildingmounted antennas painted and treated as architectural elements to blend with the existing building, or antennas built into the structure itself. Also known as concealed telecommunications facilities. The Zoning Administrator shall determine if a facility is a stealth facility.
28. Stealth Pole. A monopole that is disguised or camouflaged as vegetation, a flag pole, public art, clock tower, rock outcropping, etc. A slim pole with antennas that are flush with the structure is not considered a stealth pole. The Zoning Administrator shall determine if a facility is a stealth pole.
29. Tower (Wireless Communication Tower). A mast, pole, monopole, lattice tower, or other structure designed and primarily used to support antennas and other wireless equipment. A ground or building mounted mast greater than 15 feet tall supporting one or more antenna, dishes, arrays, etc.; shall be considered a wireless communications tower.
30. Power Transmission Towers. Other utility structures and building/site architectural features with approved wireless equipment are not considered wireless towers, but rather an ancillary use subject to the requirements of Division 4 Chapter 4 “Wireless Telecommunication Facilities” of the Zoning Ordinance.
Workforce Housing. Affordable housing that is rented in compliance with the definition of "Affordable Rent" in this Article.
Definitions, "X."
No specialized terms beginning with the letter "X" are defined at this time.
Definitions, "Y."
Yard. An area between a lot line and a structure, unobstructed and unoccupied from the ground upward, except as otherwise permitted by this Zoning Ordinance. A yard area includes any setback required by the applicable zone. See also "Setback," and Section D3-10 (Setback Requirements and Exceptions).
1. Front Yard. An area extending across the full width of the lot between the front lot line and the primary structure.
2. Rear Yard. An area extending the full width of the lot between a rear lot line and the primary structure.
3. Side Yard. An area between a side lot line and the primary structure extending between the front and rear yards.
Definitions, "Z."
Zero Lot Line. The location of a building on a lot in such a manner that one or more building sides rests directly on a lot line.
Zone. A zone established by Section D1-7 (Zoning Map and Zones), within which certain land uses are allowed or prohibited, and certain site planning and development standards are established (e.g., setbacks, height limits, site coverage requirements, etc.).
Zoning Administrator. The individual designated as Zoning Administrator by the City Manager.
Zoning Clearance. See Section D6-30 (Zoning Clearances).
Zoning Ordinance. The City of San Ramon Zoning Ordinance, TITLE D of the San Ramon Municipal Code, referred to here as "this Zoning Ordinance."
9.1.g
Packet Pg. 349 Attachment: Exhibit A-6 Division D8 Redlines (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and Project Location Map
9.1.h
Packet Pg. 350 Attachment: A: Vicinity Map (2025-37 : Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and Environmental Review RESOLUTION NO. 11-25