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.
5.3.c
Packet Pg. 191 Attachment: Exhibit A-3 Division D4 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D 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.
5.3.c
Packet Pg. 192 Attachment: Exhibit A-3 Division D4 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D 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.
5.3.c
Packet Pg. 193 Attachment: Exhibit A-3 Division D4 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D 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
5.3.d
Packet Pg. 194 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D 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
5.3.d
Packet Pg. 195 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D 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.
5.3.d
Packet Pg. 196 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D 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
5.3.d
Packet Pg. 197 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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
5.3.d
Packet Pg. 198 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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-
52. 5.3.d
Packet Pg. 199 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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;
5.3.d
Packet Pg. 200 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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).
5.3.d
Packet Pg. 201 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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)
5.3.d
Packet Pg. 202 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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
5.3.d
Packet Pg. 203 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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
5.3.d
Packet Pg. 204 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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
5.3.d
Packet Pg. 205 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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
5.3.d
Packet Pg. 206 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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
5.3.d
Packet Pg. 207 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.d
Packet Pg. 208 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.d
Packet Pg. 209 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D 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.
5.3.d
Packet Pg. 210 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D 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.
5.3.d
Packet Pg. 211 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D 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:
5.3.d
Packet Pg. 212 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D 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:
5.3.d
Packet Pg. 213 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D 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.
5.3.d
Packet Pg. 214 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D 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.
5.3.d
Packet Pg. 215 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D 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;
5.3.d
Packet Pg. 216 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D 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.
5.3.d
Packet Pg. 217 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D 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
5.3.d
Packet Pg. 218 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D 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:
5.3.d
Packet Pg. 219 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.d
Packet Pg. 220 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.)
5.3.d
Packet Pg. 221 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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
5.3.d
Packet Pg. 222 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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:
5.3.d
Packet Pg. 223 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D 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;
5.3.d
Packet Pg. 224 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.d
Packet Pg. 225 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.d
Packet Pg. 226 Attachment: Exhibit A-4 Division D6 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.e
Packet Pg. 227 Attachment: Exhibit A-5 Division D7 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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:
5.3.e
Packet Pg. 228 Attachment: Exhibit A-5 Division D7 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D 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
5.3.e
Packet Pg. 229 Attachment: Exhibit A-5 Division D7 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D 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:
5.3.e
Packet Pg. 230 Attachment: Exhibit A-5 Division D7 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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
5.3.e
Packet Pg. 231 Attachment: Exhibit A-5 Division D7 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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
5.3.e
Packet Pg. 232 Attachment: Exhibit A-5 Division D7 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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
5.3.e
Packet Pg. 233 Attachment: Exhibit A-5 Division D7 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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
5.3.e
Packet Pg. 234 Attachment: Exhibit A-5 Division D7 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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
5.3.e
Packet Pg. 235 Attachment: Exhibit A-5 Division D7 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.e
Packet Pg. 236 Attachment: Exhibit A-5 Division D7 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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
5.3.e
Packet Pg. 237 Attachment: Exhibit A-5 Division D7 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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:
5.3.e
Packet Pg. 238 Attachment: Exhibit A-5 Division D7 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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
5.3.e
Packet Pg. 239 Attachment: Exhibit A-5 Division D7 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.e
Packet Pg. 240 Attachment: Exhibit A-5 Division D7 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.e
Packet Pg. 241 Attachment: Exhibit A-5 Division D7 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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."
5.3.f
Packet Pg. 242 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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:
5.3.f
Packet Pg. 243 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.f
Packet Pg. 244 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.f
Packet Pg. 245 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.f
Packet Pg. 246 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.f
Packet Pg. 247 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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)
5.3.f
Packet Pg. 248 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.f
Packet Pg. 249 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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."
5.3.f
Packet Pg. 250 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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:
5.3.f
Packet Pg. 251 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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:
5.3.f
Packet Pg. 252 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.f
Packet Pg. 253 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.f
Packet Pg. 254 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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."
5.3.f
Packet Pg. 255 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.f
Packet Pg. 256 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.f
Packet Pg. 257 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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)
5.3.f
Packet Pg. 258 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.f
Packet Pg. 259 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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."
5.3.f
Packet Pg. 260 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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).
5.3.f
Packet Pg. 261 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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).
5.3.f
Packet Pg. 262 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.f
Packet Pg. 263 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.f
Packet Pg. 264 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.f
Packet Pg. 265 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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:
5.3.f
Packet Pg. 266 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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."
5.3.f
Packet Pg. 267 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.f
Packet Pg. 268 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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:
5.3.f
Packet Pg. 269 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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."
5.3.f
Packet Pg. 270 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.f
Packet Pg. 271 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.f
Packet Pg. 272 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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."
5.3.f
Packet Pg. 273 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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
5.3.f
Packet Pg. 274 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.f
Packet Pg. 275 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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."
5.3.f
Packet Pg. 276 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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),
5.3.f
Packet Pg. 277 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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).
5.3.f
Packet Pg. 278 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.f
Packet Pg. 279 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.f
Packet Pg. 280 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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:
5.3.f
Packet Pg. 281 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.f
Packet Pg. 282 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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:
5.3.f
Packet Pg. 283 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.f
Packet Pg. 284 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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.
5.3.f
Packet Pg. 285 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
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."
5.3.f
Packet Pg. 286 Attachment: Exhibit A-6 Division D8 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D Project Location Map
5.3.g
Packet Pg. 287 Attachment: A: Vicinity Map (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D (Zoning) of the M)
CITY COUNCIL STAFF REPORT
DATE: October 14, 2025
TO: City Council/City Manager
FROM: Lauren Barr, Community Development Director
By: Josh DeMello, Supervising Building Inspector
SUBJECT: Ordinance (Next in Line) Repealing and Replacing Chapter I (California Building Code), Chapter II (California Mechanical Code), Chapter III (California Plumbing Code), Chapter IV (California Electrical Code), Chapter V (California Residential Code), Chapter VIII (California Green Building Standards Code) and Chapter IX (California Fire Code) of Title C, Division C1, of the San Ramon Municipal Code; and Adding Chapter X (California Existing Building Code) to Title C, Division C1, of the San Ramon Municipal Code
RECOMMENDED ACTION
Staff recommends that the City Council introduce the Ordinance (next in line), waive the reading and read the title only, open the Public Hearing, receive public testimony; close the Public Hearing and set the Ordinance for adoption at the October 28, 2025 City Council meeting.
BACKGROUND/DISCUSSION
On July 1, 2025, the California Building Standards Commission (CBSC) published the 2025 edition of the Title 24 Codes, more commonly known as the California Building Standards Codes.
The California Building Standards Codes (CBSC) originate as part of a national code development process that is organized and published by the International Code Council (ICC), the International Association of Plumbing and Mechanical Officials (IAPMO) and the National Fire Protection Association (NFPA).
The CBSC conducted public hearings on code modifications for State agencies and State amendments that local jurisdictions are mandated to enforce. The CBSC adopted the 2025 California Code of Regulations, Title 24, and published these model codes on July 1, 2025.
These codes regulate building construction in the State of California and all jurisdictions that are responsible for the enforcement of building regulations must now adopt the most recent California Code of Regulations or be mandated to accept, by default, the latest adopted version.
Notable 2025 Code Changes Approved by the California Building Standards Commission
9.1 Packet Pg. 288
The California Energy Commission created most of the code changes in the 2025 Code Cycle.
While the Energy Commission continues to require improved efficiency for new residential dwellings, they are also addressing energy use of existing dwellings. For the 2025 Code Cycle, the Energy Code includes requirements that will reduce energy use of California’s 7.6 million existing single-family dwellings. The Energy Code now encourages the use of inherently efficient electric heat pump technology for space and water heating in new buildings, stricter energy performance standards windows and increased insulation ratings for walls and attics, added requirements for electric-ready commercial kitchens and some multifamily buildings, updated standards for solar and energy storage in assembly buildings, added new sections for demand responsive controls such as Heating, Ventilation, and Air Conditioning (HVAC) zoning, and strengthens ventilation standards to improve indoor air quality in multifamily buildings.
Battery storage system readiness for newly constructed homes is now required when service is over 125 amps and PV (Solar) systems are now allowed to utilize the total solar access roof area.
The changes to Residential Code are primarily pointers to Part 7. Part 7 of the California Code was previously blank; this section is now the California Wildland-Urban Interface Code (CWUIC), and adds provisions for homes in the Wildland-Urban Interface Zones. The San Ramon Valley Fire Protection District (Fire District) will be adopting this section along with the Fire Code (Part 8). Once the Fire District completes their code adoption process, staff will bring those codes to the City Council for ratification.
It should also be noted that due to Assembly Bill 130, the City will enforce the 2025 California Residential Code for 6 years (2031) rather than the usual 3-year period. Nonresidential Codes will remain on the triennial cycle (2028).
Recommended Amendments to the 2025 Building Code Specific to San Ramon Due to the City’s proximity to earthquake faults, and because of damage that was documented in past earthquakes, the following amendments provide for additional structural upgrades to the minimum provision provided for in the Codes. These amendments apply to both the 2025 California Building Code and the 2025 California Residential Code.
The amendments to Building Code Section 1905.1.7 ACI 318 Section 14.1.4 address the problem of poor performance of plain or un-reinforced concrete footings. Amendments to Residential Building Code Table R602.10.4, Table R602.10.5, Section R602.10.4 and Section R602.10.5 limit the use of gypsum board bracing and Portland Cement Plaster bracing. These recommendations were made by the Structural Engineers Association of Southern California and the Los Angeles City Joint Task Force that investigated the poor performance of underreinforced concrete footings and braced walls found after the Northridge earthquake.
The Mechanical Code is being amended by deleting Appendix Chapter A. This Appendix Chapter creates a checklist for residential plan review for HVAC system designs. Staff believes that the paperwork created by this additional process is not necessary.
The Plumbing Code is being amended by adding the reference to Building Code Table 2902.1
9.1 Packet Pg. 289
for plumbing fixture count. The number and type of plumbing fixtures from the Building Code includes additional occupancy types that the Plumbing Code Table does not reference.
The Electrical Code is being amended by deleting section 89.108.4. Section 89.108.4 covers permit fees, permit applications and inspections and is proposed for deletion since they are covered by the City's Fees Resolution and the administrative provisions of the proposed Building Code.
Table R301.2(1) of the California Residential Code is being amended to include Climate and Geographic Design Criteria specific to San Ramon. The Residential Building Code is an international code, and local jurisdictions are responsible for completing this data for their specific region.
The Existing Building Code, is being amended by deleting Sections 1.8.4, 1.8.5, 1.8.7 and 1.8.8 in Chapter 1, Division I, These Sections discussing permits, permit fees, application and inspections, Alternate materials design and testing and Appeals Board reference, and Chapter 1, Division II are proposed for deletion since they are covered by the City's Fee Resolution and the administrative provisions of the proposed Building Code.
The adoption of these Codes will not apply to any permits issued or applied for prior to January 1, 2026. All construction activity with a permit issued prior to the adoption of these Codes will be inspected using the prior adopted Codes. Any applicant may use the new Codes prior to January 1, 2026, if they choose to.
FISCAL ANALYSIS
Adoption of 2025 California Code of Regulations, Title 24, will not have a fiscal impact on the City. The Fee Resolution adopted by the City Council for plan check and inspection services includes provisions for additional staff training resulting from the changes in these Codes as well as additional time needed for plan check and inspection resulting from changes to these Codes.
STEPS FOLLOWING APPROVAL
If the City Council desires to make changes to the Ordinance, it will be reintroduced at the October 28, 2025, City Council Meeting. If no changes are made, the Ordinance will be considered for adoption at the October 28, 2025, City Council Meeting. If adopted, the Ordinance will take effect on January 1, 2026.
ATTACHMENT(S)
Ordinance (next in line)
9.1 Packet Pg. 290
1 ORDINANCE (next in line)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAMON
REPEALING AND REPLACING CHAPTER I (CALIFORNIA BUILDING CODE),
CHAPTER II (CALIFORNIA MECHANICAL CODE), CHAPTER III (CALIFORNIA
PLUMBING CODE), CHAPTER IV (CALIFORNIA ELECTRICAL CODE), CHAPTER
V (CALIFORNIA RESIDENTIAL CODE), CHAPTER VIII (CALIFORNIA GREEN
BUILDING STANDARDS CODE) AND CHAPTER IX (CALIFORNIA FIRE CODE) OF TITLE C, DIVISION C1, OF THE SAN RAMON MUNICIPAL CODE; AND
ADDING CHAPTER X (CALIFORNIA EXISTING BUILDING CODE) TO TITLE C, DIVISION C1, OF THE SAN RAMON MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SAN RAMON DOES ORDAIN as follows:
SECTION 1: FINDINGS
In enacting this ordinance, the Council hereby expressly finds by Section 17958.7 of the Health and Safety Code that the certain modifications and changes to the 2025 California Building Code, Volumes 1 and 2, the 2025 California Mechanical Code, the 2025 California Plumbing Code, the 2025 California Electrical Code, the 2025 California Residential Code, the 2025 California Green Building Standards Code and the 2025 Existing Building Code, are required because of local climate, geological and topographical conditions found in and in the vicinity of the City of San Ramon. Furthermore, these modifications and changes are required to specifically address the existence of expansive soil conditions found in San Ramon, and the problem of poor performance of plain or under reinforced concrete footings as was determined by the Structural Engineer Association of Southern California (SEAOSC) and the Los Angeles City Joint Task Force that investigated damaged plain and under-reinforced concrete footings after the 1994 Northridge earthquake.
SECTION 2: TITLE C, DIVISION C1 (Uniform Codes), CHAPTER I (California Building Code) of the Municipal Code of the City of San Ramon is hereby repealed in its entirety and replaced with the following:
Chapter I - California Building Code
C1-1. Incorporation by reference.
A. The building code for the City of San Ramon is the “2025 California Building Code" and Appendices thereto, as published by the International Code Council, as promulgated in the California Building Standards Commission by Title 24, Part 2, California Code of Regulations, and, except, as to any omissions, amendments and additions hereinafter noted, is adopted by reference and made a part hereof as fully as if set forth at length herein.
B. The standards for the California Building Code are the International Building Code Standards, 2024 Edition, as published by the International Code Council, and, except, as to any omissions, amendments and additions hereinafter noted, is adopted by reference and made a part hereof as fully as if set forth at length herein.
9.1.a
Packet Pg. 291 Attachment: Ordinance (next in line) (2025-38 : 2025 Building Code Adoption) 2 C. One copy of such "2025 California Building Code" is on file in the City offices, and is made available through the City Clerk for public inspection.
C1-2. Omissions, amendments and additions to California Building Code.
Omissions, amendments and additions to the California Building Code are as set forth in this Chapter.
C1-3. City.
The name "City of San Ramon" is inserted in any and all blank spaces provided in said California Building Code for the name of the city adopting said code, and wherever the word "city" as "jurisdiction" appears in said code or is otherwise used, it shall mean and refer to the City of San Ramon.
C1-4. Violation an infraction.
Any person, firm or corporation violating or causing the violation of any of the provisions of this Chapter shall be guilty of an infraction and, upon conviction thereof, shall be punishable by a fine as set forth in the Municipal Code.
It is declared that any violation of this Chapter constitutes a public nuisance. In addition to any other remedies this code provides for enforcement, the City may bring civil suit to enjoin violation of its provisions or utilizing the administrative citation process under Division A1, Chapter I, Article 4 of the Municipal Code.
C1-5. Appeals.
Any decision of the building official relating to this Chapter may be appealed in the manner set forth in California Building Code Section 113 as adopted by the San Ramon Municipal Code.
C1-6. Amendment to 1705.3 Concrete Construction, Exception 1. 1705.3 Concrete Construction.
The special inspections and verifications for concrete construction shall be as required by this section and Table 1705.3.
Exception: Special inspections shall not be required for isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f' c' no greater than 2,500 pound per square inch (psi) (17.2 Mpa).
C1-7. Amendment to 1905.1.7 ACI 318 Section 14.1.4.
1905.1.7 ACI 318, Section 14.1.4.
9.1.a
Packet Pg. 292 Attachment: Ordinance (next in line) (2025-38 : 2025 Building Code Adoption) 3 Delete ACI 318, Section 14.1.4, and replace with the following:
14.1.4 - Plain concrete in structures assigned to seismic design category C, D, E or F.
14.1.4.1- Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:
a. Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.
b. Plain concrete footing supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing.
A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.
C1-8 through C1-60. Reserved.
SECTION 3: TITLE C, DIVISION C1 (Uniform Codes), CHAPTER II (California Mechanical Code) of the Municipal Code of the City of San Ramon is hereby repealed in its entirety and replaced with the following:
Chapter II - California Mechanical Code
C1-61. Incorporation by reference.
A. The mechanical code for the City of San Ramon is the "2025 California Mechanical Code" and Appendices thereto, as published by the California Building Standards Commission, as promulgated in the California Mechanical Code, Part 4, Title 24 California Code of Regulations, is hereby adopted by reference and made a part hereof as fully as if set forth at length herein.
B. The standards for the California Mechanical Code are the Uniform Mechanical Code, 2024 Edition, as published by the International Association of Plumbing and Mechanical Officials, and, except, as to any omissions, amendments and additions hereinafter noted, is adopted by reference and made a part hereof as fully as if set forth at length herein.
C. One copy of such "2025 California Mechanical Code" is on file in the City offices and is made available through the City Clerk for public inspection.
C1-62. Omissions, amendments and additions to California Mechanical Code.
Omissions, amendments and additions to the California Mechanical Code are as set forth in this Chapter.
C1-63. City.
9.1.a
Packet Pg. 293 Attachment: Ordinance (next in line) (2025-38 : 2025 Building Code Adoption) 4 The name "City of San Ramon" is inserted in any and all blank spaces provided in said California Mechanical Code for the name of the city adopting said code, and wherever the word "city" as "jurisdiction" appears in said code or is otherwise used, it shall mean and refer to the City of San Ramon.
C1-64. Violations an infraction.
Any person, firm or corporation violating or causing the violation of any of the provisions of this Chapter shall be guilty of an infraction and, upon conviction thereof, shall be punishable by a fine as set forth in the San Ramon Municipal Code.
It is declared that any violation of this Chapter constitutes a public nuisance. In addition to any other remedies this code provides for enforcement, the City may bring civil suit to enjoin violation of its provisions or utilizing the administrative citation process under Division A1, Chapter I, Article 4 of the Municipal Code.
C1-65. Appeals.
Any decision of the building official relating to this Chapter may be appealed in the manner set forth in California Building Code Section 113 as adopted by the San Ramon Municipal Code.
C1-66. Amendment to Appendix A.
Appendix A is deleted.
C1-67 through C1-80. Reserved.
SECTION 4: TITLE C, DIVISION C1 (Uniform Codes), CHAPTER III (California Plumbing Code) of the Municipal Code of the City of San Ramon is hereby repealed in its entirety and replaced with the following:
Chapter III - California Plumbing Code
C1-81. Incorporation by reference.
A. The plumbing code for the city is the "2025 California Plumbing Code", and Appendices thereto, as published by the California Building Standards Commission, as promulgated in California Plumbing Code, Part 5, Title 24 , California Code of Regulations, is hereby adopted by reference and made a part hereof as fully as if set forth at length herein.
B. The standards for the California Plumbing Code are the Uniform Plumbing Code, 2024 Edition, as published by the International Association of Plumbing and Mechanical Officials, and, except, as to any omissions, amendments and additions hereinafter noted, is adopted by reference and made a part hereof as fully as if set forth at length herein.
C. One copy of such "2025 California Plumbing Code" is on file in the City offices and is available through the City Clerk for public inspection.
9.1.a
Packet Pg. 294 Attachment: Ordinance (next in line) (2025-38 : 2025 Building Code Adoption) 5 C1-82. Omissions, amendments and additions to California Plumbing Code.
Omissions, amendments and additions to the California Plumbing Code are as set forth in this Chapter.
C1-83. City.
The name "City of San Ramon" is inserted in any and all blank spaces provided in said California Plumbing Code for the name of the city adopting said code, and wherever the word "city" as "jurisdiction" appears in said code or is otherwise used, it shall mean and refer to the City of San Ramon.
C1-84. Violations an infraction.
Any person, firm or corporation violating or causing the violation of any of the provisions of this Chapter shall be guilty of an infraction and, upon conviction thereof, shall be punishable by a fine as set forth in the San Ramon Municipal Code.
It is declared that any violation of this Chapter constitutes a public nuisance. In addition to any other remedies this code provides for enforcement, the City may bring civil suit to enjoin violation of its provisions or utilizing the administrative citation process under Division A1, Chapter I, Article 4 of the Municipal Code.
C1-85. Appeals.
Any decision of the building official relating to this Chapter may be appealed in the manner set forth in California Building Code Section 113 as adopted by the San Ramon Municipal Code.
C1-86. Amendment to 422.1-Fixture count.
Section 422.1 is amended to read as follows:
422.1 Fixture Count. Plumbing fixtures shall be provided for the type of building occupancy and in the minimum numbers as shown in Table 422.1 of the California Plumbing Code, Table 2902.1 of the California Building Code, or as otherwise determined by the Building and Safety Official.
C1-87. Amendment to 612.0.
Section 612.0 is deleted.
C1-88 through C1-90. Reserved.
SECTION 5: TITLE C, DIVISION C1 (Uniform Codes), CHAPTER IV (California Electrical Code) of the Municipal Code of the City of San Ramon is hereby repealed in its entirety and replaced with the following:
Chapter IV - California Electrical Code
9.1.a
Packet Pg. 295 Attachment: Ordinance (next in line) (2025-38 : 2025 Building Code Adoption) 6 C1-91. Incorporation by reference.
A. The electrical code for the City of San Ramon is the "2025 California Electrical Code", and Appendices thereto, as published by the California Building Standards Commission, as promulgated in the California Electrical Code, Part 3, Title 24, California Code of Regulations, is hereby adopted by reference and made a part hereof as fully as if set forth at length herein.
B. The standards for the California Electrical Code are the National Electrical Code, NFPA70, 2020 Edition, as published by the National Fire Protection Association, and, except, as to any omissions, amendments and additions hereinafter noted, is adopted by reference and made a part hereof as fully as if set forth at length herein.
C. One certified copy of such "2025 California Electric Code" is on file in the City offices and is made available through the City Clerk for public inspection.
C1-92. Omissions, amendments and additions to California Electrical Code.
Omissions, amendments and additions to the California Electrical Code are as set forth in this Chapter.
C1-93. City.
The name "City of San Ramon" is inserted in any and all blank spaces provided in said California Electrical Code for the name of the city adopting said code, and wherever the word "city" as "jurisdiction" appears in said code or is otherwise used, it shall mean and refer to the City of San Ramon.
C1-94. Violation an infraction.
Any person, firm or corporation violating or causing the violation of any of the provisions of this Chapter shall be guilty of an infraction and, upon conviction thereof, shall be punishable by a fine as set forth in the San Ramon Municipal Code.
It is declared that any violation of this Chapter constitutes a public nuisance. In addition to any other remedies this code provides for enforcement, the City may bring civil suit to enjoin violation of its provisions or utilizing the administrative citation process under Division A1, Chapter I, Article 4 of the Municipal Code.
C1-95. Appeals.
Any decision of the building official relating to this Chapter may be appealed in the manner set forth in California Building Code Section 113 as adopted by the San Ramon Municipal Code.
C1-96. Amendment to 89.108.4.
Section 89.108.4 is deleted.
9.1.a
Packet Pg. 296 Attachment: Ordinance (next in line) (2025-38 : 2025 Building Code Adoption) 7 C1-97 through C1-110. Reserved.
SECTION 6: TITLE C, DIVISION C1 (Uniform Codes), CHAPTER V (California Residential Code) of the Municipal Code of the City of San Ramon is hereby repealed in its entirety and replaced with the following:
Chapter V - California Residential Code
C1-111. Incorporation by reference.
A. The residential code for the City of San Ramon is the “2025 California Residential Code" and Appendices thereto, as published by the International Code Council, as promulgated in the California Building Standards Commissions by Title 24, Part 2.5, California Code of Regulations, and, except, as to any omissions, amendments and additions hereinafter noted, is adopted by reference and made a part hereof as fully as if set forth at length herein.
B. The standards for the California Residential Code are the International Building Code Standards, 2024 Edition, as published by the International Code Council, and, except, as to any omissions, amendments and additions hereinafter noted, is adopted by reference and made a part hereof as fully as if set forth at length herein.
C. One copy of such "2025 California Residential Code" is on file in the City offices, and is made available through the City Clerk for public inspection.
C1-112. Omissions, amendments and additions to California Residential Code.
Omissions, amendments and additions to the California Residential Code are as set forth in this Chapter.
C1-113. City.
The name "City of San Ramon" is inserted in any and all blank spaces provided in said California Residential Code for the name of the city adopting said code, and wherever the word "city" as "jurisdiction" appears in said code or is otherwise used, it shall mean and refer to the City of San Ramon.
C1-114. Violation an infraction.
Any person, firm or corporation violating or causing the violation of any of the provisions of this Chapter shall be guilty of an infraction and, upon conviction thereof, shall be punishable by a fine as set forth in the San Ramon Municipal Code.
It is declared that any violation of this Chapter constitutes a public nuisance. In addition to any other remedies this code provides for enforcement, the City may bring civil suit to enjoin violation of its provisions or utilizing the administrative citation process under Division A1, Chapter I, Article 4 of the Municipal Code.
9.1.a
Packet Pg. 297 Attachment: Ordinance (next in line) (2025-38 : 2025 Building Code Adoption) 8 C1-115. Appeals.
Any decision of the building official relating to this Chapter may be appealed in the manner set forth in California Building Code Section 113 as adopted by the San Ramon Municipal Code.
C1-116. Amendment to Table R301.2(1).
Table R301.2(1) is amended to read as follows:
TABLE R301.2(1)
CLIMATIC AND GEOGRAPHIC
DESIGN CRITERIA
GROUND
SNOW
LOAD
WIND DESIGN SEISMIC
DESIGN
CATEGORY
f
SUBJECT TO DAMAGE FROM WINTER
DESIGN
TEMPe
ICE
BARRIER
UNDERLAYMENT
REQUIREDh
FLOOD
HAZARDS
g
AIR
FREEZING
INDEXi
MEAN
ANNUAL
TEMPj
Speed Topographic Special Wind- Weathering Frost Termite mphd effectsk Wind borne a line c
Regionl debris depthb
zonem
N/A NO NO NO D0, D1, D2, E Negligible N/A Very
Heavy
32° NO See
Footnote g
2% 58.7°
MANUAL J DESIGN CRITERIAn
Elevation Latitude Winter
heating
Summer cooling Altitude
correction
factor
Indoor design
temperature
Design
temperature
cooling
Heating temperature difference
350 ft 38´ 32° 93° 1.0 70° 75° 38°
Cooling temperature difference Wind
velocity
heating
Wind velocity
cooling
Coincident wet
bulb
Daily range Winter
humidity
Summer humidity
18° 15 mph 7.5 mph 67 35% 75% 75%
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. The weathering index for the City of San Ramon is classified as “negligible”. b. The City of San Ramon does not require additional depth of footing below finish grade. c. The City of San Ramon has a history of local subterranean termite damage. d. The City of San Ramon location-specific basic wind speeds is determined using www.atcouncil.org/windspeed <http://www.atcouncil.org/windspeed>. e. The outdoor design dry-bulb temperature for the City of San Ramon was selected from the columns of 97½-percent values for winter from Appendix D of the 2018 International Plumbing Code.
f. The City of San Ramon is in Seismic design categories Do, D1, D2 and E. g. The date of the City of San Ramon’s entry into the National Flood Insurance Program: April 28, 2009.
The date(s) of the Flood Insurance Study: May 3, 1990. The panel numbers of all currently effective FIRMs adopted by the City of San Ramon, as amended:
Panel 060710 0004A
h. The City of San Ramon does not have a history of local damage from the effects of ice damming.
i. The City of San Ramon selected the 100-year (99%) value on the National Climatic Data Center data table “Air Freezing Index- USA Method (Base 32°)” at www.ncdc.noaa.gov/fpsf.html.
9.1.a
Packet Pg. 298 Attachment: Ordinance (next in line) (2025-38 : 2025 Building Code Adoption) 9 j. The City of San Ramon selected the mean annual temperature from the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32°F)” at www.ncdc.noaa.gov/fpsf.html.
k. No local historical data documenting structural damage to buildings due to topographic wind speed-up effects in the City of San Ramon.
l. The City of San Ramon is not in a Special Wind Region. m. The City of San Ramon is not in a Wind-borne debris zone. n. The City of San Ramon is using Table 1B for San Ramon, CA from ACCA Manual J. o. The City of San Ramon does not have Ground Snow Loading.
C1-117. Amendment to Table R602.10.3(3)-Bracing Requirements based on seismic design category.
Table R602.10.3(3) is amended to read as follows:
Table column title MINIMUM TOTAL LENGTH (FEET) OF BRACED WALL PANELS REQUIRED ALONG EACH BRACED WALL LINE is amended to add footnote “g”.
Footnote “g” is added, to read as follows:
g. Method CS-SFB and Method GB are not permitted, and the use of Method PCP is limited to one-story single-family dwellings and accessory structures.
C1-118. Amendment to R602.10.4.5-Limits on methods GB and PCP.
Section R602.10.4.5 is added, to read as follows:
4. Method GB is not permitted for use as intermittent braced wall panels, but gypsum board is permitted to be placed on the opposite side of the studs from other types of braced wall panel sheathing. The use of Method PCP is limited to one-story single- family dwellings and accessory structures.
C1-119 through C1-160. Reserved.
SECTION 7: TITLE C, DIVISION C1 (Uniform Codes), CHAPTER VIII (California Green Building Standards Code) of the Municipal Code of the City of San Ramon is hereby repealed in its entirety and replaced with the following:
Chapter VIII - California Green Building Standards Code C1-161. Incorporation by reference.
A. The green building code for the City of San Ramon is the “2025 California Green Building Standards Code" and Appendices thereto, as published by the California Building Standards Commission as promulgated in the California Building Standards Commissions by Title 24, Part 11, California Code of Regulations, is adopted by reference and made a part hereof as fully as if set forth at length herein.
9.1.a
Packet Pg. 299 Attachment: Ordinance (next in line) (2025-38 : 2025 Building Code Adoption) 10 B. One copy of such "2025 California Green Building Standards Code" is on file in the City offices, and is made available through the City Clerk for public inspection.
C1-162. Omissions, amendments and additions to California Green Building Standards Code.
Omissions, amendments and additions to the California Green Building Standards Code are as set forth in this Chapter.
C1-163. City.
The name "City of San Ramon" is inserted in any and all blank spaces provided in said California Green Building Standards Code for the name of the city adopting said code, and wherever the word "city" as "jurisdiction" appears in said code or is otherwise used, it shall mean and refer to the City of San Ramon.
C1-164. Violation an infraction.
Any person, firm or corporation violating or causing the violation of any of the provisions of this Chapter shall be guilty of an infraction and, upon conviction thereof, shall be punishable by a fine as set forth in the Municipal Code.
It is declared that any violation of this Chapter constitutes a public nuisance. In addition to any other remedies this code provides for enforcement, the City may bring civil suit to enjoin violation of its provisions or utilizing the administrative citation process under Division A1, Chapter I, Article 4 of the Municipal Code.
C1-165. Appeals.
Any decision of the building official relating to this Chapter may be appealed in the manner set forth in California Building Code Section 113 as adopted by the San Ramon Municipal Code.
C1-166. Amendment to 107.1 - Local enforcing agency.
Section 107.1 is amended to read as follows:
107.1 Local enforcing agency. The Building and Safety Services Division of the City of San Ramon shall enforce all the provisions of the California Green Building Code and the other rules and regulations promulgated by the Building Standards Commission, the Department of Housing and Community Development or the Division of the State Architect.
C1-167 through C1-170. Reserved.
SECTION 8: TITLE C, DIVISION C1 (Uniform Codes), CHAPTER IX (California Fire Code) of the Municipal Code of the City of San Ramon is hereby repealed in its entirety and replaced with the following:
9.1.a
Packet Pg. 300 Attachment: Ordinance (next in line) (2025-38 : 2025 Building Code Adoption) 11 Chapter IX - California Fire Code
C1-171. Incorporation by reference.
A. The fire code for the City of San Ramon is the "2025 California Fire Code" and Appendices thereto, as published by the International Code Council as promulgated in the California Fire Code, Part 9, Title 24 California Code of Regulations, together with amendments thereto adopted by the San Ramon Valley Fire Protection District which are hereby ratified and, except as to any omissions, amendments and additions hereinafter noted, is hereby adopted by reference and made a part hereof as fully as if set forth at length herein.
B. The standards for the California Fire Code are the International Fire Code Standards, 2024 Edition, as published by the International Code Council, and, except, as to any omissions, amendments and additions hereinafter noted, is adopted by reference and made a part hereof as fully as if set forth at length herein.
C. One (1) copy of such "2025 California Fire Code" is on file in the City offices and is made available through the City Clerk for public inspection.
C1-172. Omissions, amendments and additions to California Fire Code.
Omissions, amendments and additions to the California Fire Code are as set forth in this Chapter.
C1-173. City.
The name "City of San Ramon" is inserted in any and all blank spaces provided in said California Fire Code for the name of the city adopting said code, and wherever the word "city" as "jurisdiction" appears in said code or is otherwise used, it shall mean and refer to the City of San Ramon.
C1-174. Violation an infraction.
Any person, firm or corporation violating or causing the violation of any of the provisions of this Chapter shall be guilty of an infraction and, upon conviction thereof, shall be punishable by a fine as set forth in the San Ramon Municipal Code.
It is declared that any violation of this Chapter constitutes a public nuisance. In addition to any other remedies this code provides for enforcement, the City may bring civil suit to enjoin violation of its provisions or utilizing the administrative citation process under Division A1, Chapter I, Article 4 of the Municipal Code.
C1-175. Appeals.
Any decision of the building official relating to this Chapter may be appealed in the manner set forth in California Building Code Section 113 as adopted by the San Ramon Municipal Code.
C1-176 through C1-180. Reserved.
9.1.a
Packet Pg. 301 Attachment: Ordinance (next in line) (2025-38 : 2025 Building Code Adoption) 12 SECTION 9: DIVISION C1 (Uniform Codes), CHAPTER X (California Existing Building Code) is hereby added to TITLE C of the Municipal Code of the City of San Ramon and shall read as follows:
Chapter X - California Existing Building Code
C1-181. Incorporation by reference.
A. The existing building code for the City of San Ramon is the “2025 California Existing Building Code" and Appendices Chapters A1, A3 and A4, as published by the International Code Council, as promulgated in the California Building Standards Commissions by Title 24, Part 10, California Code of Regulations, and, except, as to any omissions, amendments and additions hereinafter noted, is adopted by reference and made a part hereof as fully as if set forth at length herein.
B. The standards for the California Existing Building Code are the International Existing Building Code Standards, 2024 Edition, as published by the International Code Council, and, except, as to any omissions, amendments and additions hereinafter noted, is adopted by reference and made a part hereof as fully as if set forth at length herein.
C. One copy of such "2025 California Existing Building Code" is on file in the City offices, and is made available through the City Clerk for public inspection.
C1-182. Omissions, amendments and additions to California Existing Building Code.
Omissions, amendments and additions to the California Existing Building Code are as set forth in this Chapter.
C1-183. City.
The name "City of San Ramon" is inserted in any and all blank spaces provided in said California Existing Building Code for the name of the city adopting said code, and wherever the word "city" as "jurisdiction" appears in said code or is otherwise used, it shall mean and refer to the City of San Ramon.
C1-184. Amendment to Chapter 1 Division I.
Chapter 1 Division I Sections 1.8.4, 1.8.5, 1.8.7 and 1.8.8 are deleted.
C1-185. Amendment to Chapter 1 Division II.
Chapter 1 Division II is deleted.
C1-186 through C1-190. Reserved.
9.1.a
Packet Pg. 302 Attachment: Ordinance (next in line) (2025-38 : 2025 Building Code Adoption) 13 SECTION 10: CEQA
The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15378 and 15061 of the CEQA Guidelines in that the activity has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment.
SECTION 11: Severability
If any part of this Ordinance is held invalid for any reason by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby declares that it would have passed the remainder of the Ordinance if such invalid portion thereof had been deleted.
SECTION 12: Effective Date
This ordinance shall take effect thirty (30) days from the date of its passage. Before the expiration of fifteen (15) days after its passage, this ordinance shall be posted in three (3) places within the City of San Ramon along with the names of the members of the City Council voting for and against the same.
The foregoing ordinance was introduced at the public hearing of the City Council of the City of San Ramon on October 14, 2025 and was subsequently adopted on October 28, 2025 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mark Armstrong, Mayor
ATTEST:
Christina Franco, City Clerk
9.1.a
Packet Pg. 303 Attachment: Ordinance (next in line) (2025-38 : 2025 Building Code Adoption)