REVISED
CITY COUNCIL AGENDA
October 14, 2025
WE PROVIDE EFFICIENT DELIVERY OF QUALITY PUBLIC SERVICES THAT ARE
ESSENTIAL TO THOSE WHO LIVE AND WORK IN SAN RAMON
Mark Armstrong, Mayor • Sridhar Verose, Vice Mayor
Richard Adler, Councilmember • Robert Jweinat, Councilmember • Marisol Rubio, Councilmember Council Chamber
7000 Bollinger Canyon Road
REGULAR MEETING – 7:00 PM
Agenda Questions: Please contact the City Clerk (925) 973-2539 or [email protected] Please refer to the end of the agenda to review options for participation in the meeting.
Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA Guidelines § 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 and/or Public Resources Code § 21065.
The teleconference location listed below will no longer be accessible.
Councilmember Marisol Rubio will attend the City Council meeting in person.
TELECONFERENCING LOCATION
Councilmember Marisol Rubio
Sleep Inn Guarulhos
2655 Avenida Natalia Zarif
Sao Paulo, 07140-040, Brazil
1. CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ANNOUNCEMENTS
3.1 Changes and Additions to the Agenda
3.2 If you wish to speak under Public Comment or regarding an agenda item please fill out a speaker card located in the back of the room and submit it to the City Clerk.
4. PUBLIC COMMENT
Members of the audience are encouraged to address the City Council on any non-agenda item relating to the business of the City Council. Comments are limited to three (3) minutes, 2 City Council Meeting – October 14, 2025
or less time if a large number of speakers are anticipated. A speaker may not allocate their time to another speaker. All remarks shall be addressed to the City Council.
Comments from the public on non-agenda items may also be submitted by email to [email protected]. Comments received by email will not be read aloud; however, they will be forwarded to the Council for their consideration. If you wish to present your comments to the public, you may do so in-person during this Public Comment period. No Council action can be taken at this meeting on issues raised during public comment.
During public comment, members of the public are permitted to address the City Council only on the following:
▪ Any non-agenda item relating to the business of the City Council. ▪ Items that are on the Consent Calendar, including requests to pull an item from the consent calendar and the reason why you wish to pull the item or items. Please note that the decision to remove the item from the Consent Calendar is strictly at the discretion of the City Council.
▪ Requests for Future Agenda Items.
▪ Special Presentation Items under Section 6 of tonight’s Agenda. ▪ Items that are not on the agenda and are within the City Council’s jurisdiction.
5. CONSENT CALENDAR
Consent Calendar items are considered routine and are acted upon by the City Council with a single action. Members of the audience wishing to provide public input may request (by email to the City Clerk or under Item 4 Public Comment) that the City Council remove the item from the Consent Calendar. Members of the public may request that items be removed from the Consent Calendar, however, the decision to remove the item is solely at the discretion of the City Council.
With respect to the approval of resolutions and ordinances, the reading of the title thereto shall be deemed a motion to waive a reading of the complete resolution or ordinance and unless there is a request by a Council member that the resolution or ordinance be read in full, further reading of the resolution or ordinance shall be deemed waived by unanimous consent of the Council.
5.1 Minutes of the City Council Regular Meeting – September 23, 2025 Recommendation: Approve Minutes
5.2 Resolution No. 2025-107 - Authorizing the Mayor to Execute Amendment No. 3 to the Agreement with Sequoia Ecological Consulting, Inc. (C2021-007) for OnCall Environmental Consulting Services, Increasing the Contract by $20,000 for a Revised Total Cumulative Amount Not to Exceed $120,000 through December 31, 2025
Recommendation: Approve Resolution No. 2025-107
5.3 Ordinance 534 – Amending Title D (Zoning) of the San Ramon Municipal Code Recommendation: Waive the Second Reading, Read by Title Only, and Adopt Ordinance 534
3 City Council Meeting – October 14, 2025
6. SPECIAL PRESENTATIONS
6.1 Proclamation Declaring October 2025 as Domestic Violence Awareness Month Presentation to Ruchi Bansal, Rewire Volunteer Management Team Lead, Shubhi Bhatia, Narika Community Engagement Manager, and Shailaja Dixit, Narika Executive Director
6.2 2025 Community Planning Academy Recognition
Eman Raim Arellano, Betty Avila, Manoj Bhardwaj, Carla Collins, Kellie Fahey, Bansidher Giri, Meera Jacobs, Santhosh Kanjula, Manoj Kulandaivel, Tarun Kumar, Jamie Lancaon, Hui Li, Gina Martini, Mae Mlyniec, Joan Murukami, Paschalis Ntatsos, Lall Tejwani, Josephine Zepp, and Max Zhang
7. DEFERRED CONSENT ITEMS
8. UNFINISHED BUSINESS
9. NEW BUSINESS
9.1 Public Hearing: 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 Recommendation: Introduce the Ordinance (next in line), Waive the Reading and Read by Title Only, Open the Public Hearing, Receive Public Testimony; Close the Public Hearing and Set the October 28, 2025 Meeting for Ordinance Adoption Staff Report by Josh DeMello, Supervising Building Inspector
10. CITY MANAGER'S AND CITY COUNCIL MEMBERS' COMMENTS /
MATTERS INITIATED
11. ADJOURNMENT
I hereby certify the agenda was posted 72 hours before the noted meeting. This agenda is posted in accordance with Government Code Section 54954.2(a).
Dated: October 10, 2025
Revised: October 13, 2025
4 City Council Meeting – October 14, 2025
HOW TO VIEW OR PARTICIPATE IN THE MEETING:
The public is invited to participate in the meeting using any of the following methods:
IN-PERSON
Members of the public can provide in-person comments at the meeting. To make a request for disability-related accommodation to participate in the meeting, please contact the City Clerk’s Office 48 hours in advance of the meeting.
WRITTEN COMMUNICATION BY EMAIL
Public comments may be submitted via e-mail to [email protected]. Any public comments received up until two (2) hours prior to the scheduled start time of the meeting will be distributed to the City Council via e-mail, provided at the meeting in the red binder, and posted online at https://www.sanramon.ca.gov/public_comment.
Written comments received after the cut-off time will be provided to the City Council the day following the meeting.
Please include “Public Comment” in the subject line. In the body of the email please include your name and the item you wish to comment on. Written public comment will not be read aloud during the meeting.
TO VIEW OR LISTEN ONLY
As a courtesy and technology permitting, the public will have the opportunity to view the meeting via one-way feed by the options below. However, the City cannot guarantee that the public’s remote access to any meeting will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments prior to the meeting or to attend the meeting in person.
a. Zoom: https://cityofsanramon.zoom.us/j/97520808482
Webinar ID: 975 2080 8482
b. Zoom Phone Numbers: +1 (669) 900-6833
c. The City’s YouTube Channel: www.sanramon.ca.gov/YouTube Regular City Council meetings are broadcast on Contra Costa Television (CCTV) (Channel 27) on Wednesdays at 7:00 p.m. and Thursdays at 1:00 p.m. immediately following the meeting. Regular City Council meetings are also broadcast on AT&T U-Verse (Channel 99).
ATTENDEE CONDUCT
There will be zero tolerance for any person addressing the Council making profane, offensive and disruptive remarks, or engaging in loud, boisterous, or other disorderly conduct, that disrupts the orderly conduct of the public meeting.
Specifically, it is important for all speakers to adhere to the following guidelines for participation in this meeting:
a. No profanity or obscenity.
b. Refrain from personal threats or attacks.
c. Refrain from hateful epithets and demeaning language based on any person’s race, religion, sexual orientation, ethnicity, gender, or disability.
d. Respect all people that are present or watching.
At the discretion of the Mayor, a speaker may forfeit speaking time for any of the following reasons:
a. Exceeding the allotted time to speak;
b. Yelling, screaming, or other behavior that renders this Council unable to continue the meeting; c. Excessive profanity or slander;
d. Specific threats or “fighting words” that incite violence; or e. Speech that is outside the subject matter jurisdiction of the Council or the specific agenda item in which you are speaking.
While the City of San Ramon ensures the First Amendment rights of its citizens, we do not accept nor endorse any offensive or hateful comments made during our meetings. The City of San Ramon celebrates the diversity of our community, and we strive to be a welcoming and open community for all.
MINUTES OF THE
CITY OF SAN RAMON
CITY COUNCIL MEETING
September 23, 2025
1. CALL TO ORDER/ROLL CALL
The Mayor called the meeting to order at 7:00 p.m.
Attendee Name Title Status
Mark Armstrong Mayor Present
Sridhar Verose Vice Mayor Present
Richard Adler Councilmember Present
Robert Jweinat Councilmember Present
Marisol Rubio Councilmember Absent
Also in attendance: City Manager Steven Spedowfski, City Attorney Martin Lysons, City Clerk Christina Franco, and Senior Planner Cindy Yee.
2. PLEDGE OF ALLEGIANCE
3. ANNOUNCEMENTS
4. PUBLIC COMMENT
Public comment was received from Bob Peoples, Jim Blickenstaff, Gary Alpert, Santhosh Kanjula, Chirag Kathrani, Abhijit Banerjee, and Sandeep.
5. CONSENT CALENDAR
Vice Mayor Verose motioned to approve consent calendar item 5.1 -5.3, and was seconded by Councilmember Jweinat. Prior to a vote, the City Clerk read item 5.3 Ordinance Amending Title B (Regulations), Division B6 (Health, Sanitation and Environmental Quality), Chapter I (Solid Waste and Recycling) Article 2 (Solid Waste, Organic Materials, and Recyclable Materials Collection Service and Containers) and Article 3 (Authorized Collectors) of the San Ramon Municipal Code. The motion passed 4-0-0-1. Councilmember Rubio was absent.
5.1 Minutes of the City Council - Regular Meeting - Sep 9, 2025 7:00 PM Recommendation: Approve Minutes
5.2 Register of Demands as Presented by the City Treasurer (Period Ending August 31, 2025)
Recommendation: Approve Register of Demands
5.1 Packet Pg. 6
Minutes Acceptance: Minutes of Sep 23, 2025 7:00 PM (CONSENT CALENDAR) 2 City Council Meeting – September 23, 2025
5.3 Ordinance 533 - Amending Title B (Regulations), Division B6 (Health, Sanitation and Environmental Quality), Chapter I (Solid Waste and Recycling) Article 2 (Solid Waste, Organic Materials, and Recyclable Materials Collection Service and Containers) and Article 3 (Authorized Collectors) of the San Ramon Municipal Code
Recommendation: Waive the Reading and Read by Title Only, and Adopt Ordinance 533
6. SPECIAL PRESENTATIONS
6.1 Discover San Ramon Event Innovator Competition Award Presentation The 2025 winner were;
Shiven Balaji, Dougherty Valley High School
Lantern and Drones Festival: San Ramon Festival of Lights Samhita and Akshita Chikoti, Dougherty Valley High School San Ramon Summer Olympiad
Dhyan Shetty, Pranav Raghunath, and Sohan Babu, Dougherty Valley High School San Ramon Scavenger Stroll
7. DEFERRED CONSENT ITEMS
8. UNFINISHED BUSINESS
9. NEW BUSINESS
9.1 Public Hearing: Proposed Zoning Ordinance Text Amendment (TA 2024-0005) and Environmental Review (ENVR 2025-0006) Applications for an Ordinance of the City of San Ramon to Amend Title D (Zoning) of the San Ramon Municipal Code
Recommendation: Staff Recommends that the City Council Receive the Staff Report; Open the Public Hearing, Take Public Testimony, Close the Public Hearing and After Discussion, Introduce the Ordinance, Waive the Reading, Read by Title Only, and Set October 14, 2025 for Adoption.
The City Clerk stated, staff would like to acknowledge a revision made this afternoon.
version and has now been added. No other pages or items were revised, removed, or added.
Staff report by Cindy Yee, Senior Planner.
Vice Mayor Verose motioned to open the public hearing. The motion was seconded by Cm. Adler and passed by a vote of 4-0-0-1. Cm. Rubio was absent.
5.1 Packet Pg. 7
Minutes Acceptance: Minutes of Sep 23, 2025 7:00 PM (CONSENT CALENDAR) 3 City Council Meeting – September 23, 2025
Public comment was received from Susie Ferris-Inderkum and Chirag Kathrani. Written public comment was received from Byron De Arakal representing TRC.
Vice Mayor Verose motioned to close the public hearing. The motion was seconded by Cm. Adler and passed by a vote of 4-0-0-1. Cm. Rubio was absent.
Vice Mayor Verose motioned continue the item and set the Ordinance (next in line) for adoption at the City Council meeting scheduled on October 14, 2025. The motion was seconded by Cm. Adler and passed by a vote of 4-0-0-1. Cm. Rubio was absent.
10. CITY MANAGER'S AND CITY COUNCIL MEMBERS' COMMENTS /
MATTERS INITIATED
10.1 Rescheduling of November 2025 City Council Meeting In observance of Veterans Day, the regularly scheduled City Council meeting on Tuesday, November 11, 2025, will be moved to Wednesday, November 12, 2025.
The City Council agreed to move the Tuesday, November 11, 2025 meeting to Wednesday, November 12, 2025 in observance of Veterans Day.
11. ADJOURNMENT
The meeting was adjourned at 8:28 p.m.
5.1 Packet Pg. 8
Minutes Acceptance: Minutes of Sep 23, 2025 7:00 PM (CONSENT CALENDAR)
CITY COUNCIL STAFF REPORT
DATE: October 14, 2025
TO: City Council/City Manager
FROM: Brian Bornstein, Public Works Director
By: Gloria Lee, Associate Civil Engineer
SUBJECT: RESOLUTION NO. 2025-107 - Authorizing the Mayor to Execute Amendment No. 3 to the Agreement with Sequoia Ecological Consulting, Inc. (C2021-007) for On-Call Environmental Consulting Services, Increasing the Contract by $20,000 for a Revised Total Cumulative Amount Not to Exceed $120,000 through December 31, 2025
EXECUTIVE SUMMARY
On January 26, 2021, the City Manager approved executing an Agreement (C2021-007) with Sequoia Ecological Consulting, Inc. (Sequoia) for On-Call Environmental Services for the City in an amount not to exceed $100,000. The Agreement has since been amended twice to extend the contract term by one year each (Amendments No. 1 and No. 2), resulting in the revised expiration date of December 31, 2025. To date, staff have issued eight (8) task letters under this contract for the as-needed environmental consulting services for the City, leaving a remaining balance of $4,584 through the current expiration date. Staff recommends increasing Sequoia’s contract amount by $20,000 for a cumulative not-to-exceed total contract amount of $120,000 to support on-going environmental monitoring and reporting tasks for the City’s creek projects.
Staff’s recommendation is based on Sequoia’s prior work with the City in conducting environmental monitoring and reporting, preparing regulatory documentations, and securing permits for recent creek projects. Their continued involvement will provide project continuity, and their expertise with regulatory agencies and permitting requirements will facilitate efficient monitoring and reporting, thereby minimizing delays and avoiding duplication of effort.
RECOMMENDED ACTION
Staff recommends approval of this Resolution, authorizing the Mayor to execute Amendment No. 3 to the Agreement (C2021-007) with Sequoia to increase the contract amount by $20,000 for a cumulative not-to-exceed total contract amount of $120,000 for the on-going environmental monitoring and reporting for creek projects.
BACKGROUND
Any construction in and around creeks requires regulatory permits to authorize access to protected areas and ensure preservation of natural habitats. This permitting process includes site assessments conducted by qualified biologists who evaluate existing habitat conditions and
5.2 Packet Pg. 9
provide professional opinions on the proposed repair work for review by regulatory agencies.
For creek projects, the permit approval is needed from the California Department of Fish and Wildlife, the San Francisco Bay Regional Water Quality Control Board, and the U.S. Army Corps of Engineers. As a condition of permit approval, these agencies also require three to five years of post-construction monitoring and reporting to confirm that project impacts are adequately mitigated.
DISCUSSION
In October 2022, the City completed the Mill Creek Restoration and Culvert Repair Project (CIP 915548-K), which addressed the damaged creek caused by a failed culvert pipe. Since Project completion, Sequoia has been responsible for monitoring and reporting to the regulatory agencies. In October 2024, the City completed the Coyote Creek and South San Ramon Creek Bank Repair Project (CIP 100001-B) to repair the damaged creek banks from the 2022/2023 major storm event. Sequoia assisted the City with preparing the regulatory documents and secured the necessary permits, giving them in-depth knowledge of the Project’s requirements and conditions.
Sequoia’s direct involvement with both projects, combined with their established working relationships with regulatory agencies, ensures that monitoring and reporting obligations will be completed efficiently. Retaining Sequoia for this work will minimize delays, avoid duplication of effort, and provide consistency in environmental monitoring and reporting. However, the current remaining contract balance of $4,584 is insufficient to cover the cost of monitoring and reporting for the two projects noted above. Therefore, Staff recommends increasing the contract amount by $20,000 for a cumulative total not to exceed $120,000 to complete environmental monitoring and reporting for the two creek projects noted above.
FISCAL ANALYSIS
On January 26, 2021, the City Manager entered into Agreement C2021-007 with Sequoia for Oncall Environmental Consulting Services for a total not-to-exceed $100,000 funded by various approved budgets including Capital Improvement Program projects and the annual Public Works Operating Budget. After issuing eight (8) task letters to date under this contract with City, the current remaining contract balance is $4,584.
Amendment No. 3 will increase the contract amount by $20,000 with a revised cumulative notto-exceed total contract amount of $120,000. The additional authorized amount will allow staff to complete the environmental monitoring and reporting tasks for the Mill Creek Restoration and Culvert Repair Project (CIP 915548-K) and Coyote Creek and South San Ramon Creek Bank Repair Project (CIP 100001-B), with prior authorized budget within the two projects and no additional funds is requested.
STEPS FOLLOWING APPROVAL
The City will forward Amendment No. 3 to Sequoia for execution. Upon receipt of the executed Amendment, copies of the executed Amendment and all attachments will be sent to the Public
5.2 Packet Pg. 10
Works Engineering Services Division.
5.2 Packet Pg. 11
RESOLUTION NO. 2025-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 3 TO THE AGREEMENT WITH SEQUOIA ECOLOGICAL CONSULTING, INC. (C2021-007)
FOR ON-CALL ENVIRONMENTAL CONSULTING SERVICES, INCREASING THE CONTRACT BY $20,000 FOR A REVISED TOTAL CUMULATIVE AMOUNT NOT TO EXCEED $120,000 THROUGH DECEMBER 31, 2025
WHEREAS, on January 26, 2021, the City Manager executed an Agreement (C2021- 007) with Sequoia Ecological Consulting, Inc. (Sequoia) for on-call environmental consulting services for the City in an amount not to exceed $100,000; and WHEREAS, the Agreement has been amended twice to extend the contract term by one year each from Amendment No. 1 and No. 2, resulting in revised expiration date of December 31, 2025; and
WHEREAS, staff have issued eight (8) task letters to date for the as-needed environmental consulting services for the City, leaving a remaining balance of $4,584 through the current expiration date; and
WHEREAS, the City desires to add additional $20,000 to the contract for a cumulative not-to-exceed total contract amount of $120,000 to support on-going required environmental monitoring and reporting tasks for the City’s Mill Creek Restoration and Culvert Repair Project (CIP 915548-K) and Coyote Creek and South San Ramon Creek Bank Repair Project (CIP 100001-B).
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Ramon does hereby authorizes the Mayor to execute Amendment No. 3 to the Agreement (C2021-007) with Sequoia.
PASSED, APPROVED, AND ADOPTED, at the meeting of October 14, 2025 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________
Mark Armstrong, Mayor
ATTEST:
5.2 Packet Pg. 12
_________________________
Christina Franco, City Clerk
5.2 Packet Pg. 13
CITY COUNCIL STAFF REPORT
DATE: October 14, 2025
TO: City Council/City Manager
FROM: Lauren Barr, Community Development Director
By: Cindy Yee, Senior Planner
SUBJECT: ORDINANCE 534 - Amending Title D (Zoning) of the San Ramon Municipal Code
RECOMMENDED ACTION
Staff recommends that the City Council waive the second reading and read by title only, and adopt Ordinance (next in line) approving Zoning Ordinance Text Amendment Amending Title D (Zoning) of the San Ramon Municipal Code.
INTRODUCTION
Applications: Description:
TA 2024-0005 Zoning Ordinance (ZO) Text Amendment to amend various ZO Divisions
ENVR 2025-0006 Environmental Review application for analysis of environmental impacts of the proposed Project and consistency with San Ramon General Plan 2040 Update EIR.
Applicant: City of San Ramon
Property Owner(s): Multiple property owners
Location: Citywide (see Attachment A Vicinity Map)
Environmental Review/California Environmental Quality Act (CEQA) The proposed Project has been evaluated for consistency with the San Ramon General Plan 2040 Update EIR (General Plan EIR-State Clearinghouse No. 2022060549), certified by City Council Resolution No. 2023-132 on December 12, 2023. The General Plan EIR and related documents can be accessed at the following link:
https://www.sanramon.ca.gov/cms/One.aspx?portalId=10826130&pageId=17438187
5.3 Packet Pg. 14
The proposed changes made to the Zoning Ordinance are strictly policy changes and do not propose new entitlements to any specific land use project and would not result in any direct physical changes to the environment. The proposed Zoning text changes are consistent with the General Plan 2040 and will implement the Land Use and Housing Element as analyzed in the General Plan EIR. No amendments are proposed to the General Plan or zoning map. Therefore, the proposed Project would result in no increase in the severity of impacts analyzed and disclosed in the General Plan EIR.
BACKGROUND/DISCUSSION
On September 23, 2025, the City Council held a public hearing to discuss the proposed Zoning Ordinance Text Amendment, closed the public hearing and moved to set the Ordinance for adoption at their next regularly scheduled City Council meeting on October 14, 2025.
The Council’s discussion was related to clarifying questions on the applicability of the proposed changes to land use tables, Measure G, and purpose of the amendment. Following discussion, the Council proceeded with the Zoning Ordinance text amendments as proposed. The September 23, 2025, public hearing staff report, minutes, and the meeting video can be accessed at the following link: https://sanramonca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=5236
FISCAL ANALYSIS
There are no fiscal impacts associated with the proposed ZO TA beyond staff time associated with preparing staff reports, approval documents, and the cost for the public hearing notice. Such costs are anticipated as part of the operating budget for the Planning Services Division.
STEPS FOLLOWING APPROVAL
Following approval, the Ordinance shall be posted in three (3) places in the City of San Ramon within fifteen (15) days after adoption. The Ordinance shall be effective thirty (30) days after adoption. The Notice of Determination will be posted with the State Clearinghouse and Contra Costa County.
ATTACHMENT(S)
Exhibit A-1 Division D2 Redlines
Exhibit A-2 Division D3 Redlines
Exhibit A-3 Division D4 Redlines
Exhibit A-4 Division D6 Redlines
Exhibit A-5 Division D7 Redlines
Exhibit A-6 Division D8 Redlines
A: Vicinity Map
5.3 Packet Pg. 15
ORDINANCE 534
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAMON
AMENDING TITLE D (ZONING) OF THE SAN RAMON MUNICIPAL CODE THE CITY OF SAN RAMON DOES ORDAIN as follows:
Section 1. The applicable sections of the current Title D, ZONING, of the Municipal Code of San Ramon, are hereby repealed and replaced with the Zoning Ordinance Text Amendment as shown in the attached Exhibits A-1 through A-6.
Section 2. 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 3. This Ordinance shall take effect thirty (30) days from the date of its passing. Before the expiration of fifteen (15) days after its passage, this Ordinance shall be posted in three public 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 September 23, 2025, and was subsequently adopted on October 14, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Mark Armstrong, Mayor
ATTEST:
________________________
Christina Franco, City Clerk
Exhibit A-1 Division D-2 Redlines
Exhibit A-2 Division D-3 Redlines
Exhibit A-3 Division D-4 Redlines
Exhibit A-4 Division D-6 Redlines
Exhibit A-5 Division D-7 Redlines
Exhibit A-6 Division D-8 Redlines
5.3 Packet Pg. 16
City of San Ramon, CA | Municipal Code
1 Division D2 Allowable Land Uses and Zoning Standards
Contents:
Chapter I - Development and Land Use Approval Requirements Chapter II – Residential Zones
Chapter III – Mixed Use Zones
Chapter IV – Commercial, Office and Industrial Zones
Chapter V – Special Purpose Zone
Chapter VI – Overlay Zones
Chapter I - Development and Land Use Approval Requirements Contents:
D2-1 - Purpose
D2-2 - General Requirements for Development and New Land Uses D2-3 - Allowable Land Uses and Permit Requirements
D2-4 - Exemptions from Land Use Permit Requirements
D2-5 - Temporary Uses
D2-1 - Purpose
This Chapter describes the City’s general requirements for the approval of proposed development and new land uses. The permit requirements established by this Zoning Ordinance for specific land uses are in Chapters D2-III through D2-V.
D2-2 - General Requirements for Development and New Land Uses Each land use and/or structure shall be established, constructed, reconstructed, altered, moved or replaced in compliance with the following requirements.
A. Allowable use. The land use shall be allowed by this Zoning Ordinance in the zone applied to the site.
The basis for determining whether a use is allowable is described in Section D2-3 (Allowable Land Uses and Permit Requirements).
B. Permit and approval requirements. Any land use permit or other approval required by Section D2-3 (Allowable Land Uses and Permit Requirements) shall be obtained before the issuance of any required grading, building, or other construction permit, and before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in Section D2-4 (Exemptions from Land Use Permit Requirements).
C. Development standards, conditions of approval. Each land use and structure shall comply with the development standards of this Chapter, the provisions of Division D3 (Site Planning and Project Design Standards), and any applicable conditions imposed by a previously granted land use permit.
D. Legal parcel. The site of a proposed development or new land use shall be a parcel that was legally created in compliance with the Subdivision Map Act and the City’s Subdivision Ordinance.
5.3.a
Packet Pg. 17
Attachment: Exhibit A-1 Division D2 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
2 D2-3 - Allowable Land Uses and Permit Requirements
A. Allowable land uses. The uses of land allowed by this Zoning Ordinance in each zone are listed in Chapters D2-II, D2-III, D2-IV, and D2-V (Tables 2-1, 2-6, 2-8, 2-11, 2-12, 2-14, and 2-15, respectively), together with the type of land use permit required for each use. Each land use listed in Tables 2-1, 2- 6, 2-8, 2-11, 2-12, 2-14, and 2-15 is defined in Division D8 (Glossary).
1. Establishment of an allowable use.
Any one or more land uses identified by Tables 2-1, 2-6, 2-8, 2-11, 2-12, 2-14, and 2-15 as being allowable within a specific zone may be established on any parcel within that zone, subject to the land use permit requirements of Subsection B, and compliance with all applicable requirements of this Zoning Ordinance.
Where a single parcel is proposed for development with two or more of the land uses listed in the tables, the overall project shall be subject to the highest permit level required by Subsection B. for any individual use. For example, a new building proposed in the OA zone with a bank on the ground floor and professional offices on the second floor would require Minor Use Permit (MUP) approval because Table 2-8 requires Minor Use Permit approval for "banks and financial services," even though an "Office - Professional" is listed in the OA zone as a permitted use, requiring only a Zoning Clearance.
2. Use not listed. A land use that is not listed in Tables 2-1, 2-6, 2-8, 2-11, 2-12, 2-14, and 2-15, and is determined by the Zoning Administrator to not be included in Division D8 (Glossary) under the definition of a listed land use, is not allowed within the City, except as otherwise provided in Subsection A.3, or Section D2-4 (Exemptions from Land Use Permit Requirements).
3. Similar and compatible use may be allowed. The Zoning Administrator may determine that a proposed use not listed in this Division is allowable as follows:
a. Required findings. The Zoning Administrator may determine that a proposed use is similar to and compatible with a listed use and may be allowed, only after first making all of the following findings:
1. The characteristics of, and activities associated with the use are similar to one or more of the listed uses, and will not involve a greater intensity than the uses listed in the zone;
2. The use will be consistent with the purposes of the applicable zone;
3. The use will be consistent with the General Plan and any applicable Specific Plan;
4. The use will be compatible with the other uses allowed in the zone; and
5. The use is not listed as allowable in another zone.
A determination that a use qualifies as a “similar use” and the findings supporting the determination shall be in writing.
b. Applicable standards and permit requirements. When the Zoning Administrator determines that a proposed, but unlisted, use is similar to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this Zoning Ordinance apply. c. Referral for determination. The Zoning Administrator may refer the question of whether a proposed use qualifies as a similar and compatible use directly to the Commission for a determination at a public meeting.
d. Appeal. A determination of similar and compatible use may be appealed in compliance with Chapter D7-II (Appeals and Calls for Review).
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3 B. By-right approval. Owner occupied and rental multi-family residential developments that have 20 percent of the units reserved for lower-income households shall be allowed by-right pursuant to California Government Code Section 65583.2. The phrase “by-right” shall mean that the City's review of owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the California Public Resources Code.
Any subdivision of the sites shall be subject to all laws, including, but not limited to, implementing the Subdivision Map Act.
C. Permit requirements. Tables 2-1, 2-6, 2-8, 2-11, 2-12, 2-14, and 2-15 within Chapters D2-III, D2-IV, and D2-V provide for land uses that are:
1. Permitted subject to compliance with all applicable provisions of this Zoning Ordinance. As determined by the Zoning Administrator, a Zoning Clearance may be required prior to operation, (Section D6-30). These are shown as "P" uses in the tables;
2. Allowed subject to the approval of a Minor Use Permit (Section D6-28), and shown as "MUP" uses in the tables;
3. Allowed subject to the approval of a Use Permit (Section D6-28), and shown as "UP" uses in the tables;
4. Allowed subject to the type of City approval required by a specific provision of Chapter D4-III (Standards for Specific Land Uses), and shown as "S" uses in the tables; and
5. Allowed subject to compliance with all applicable provisions of this Zoning Ordinance, subject first obtaining a Zoning Clearance (Section D6-30). These are shown as “ZC” uses in the tables;
6. Not allowed in particular zones, and shown as "—" in the tables.
Note: A land use authorized through the approval of a Zoning Clearance, Minor Use Permit, or Use Permit may also require Architectural Review (Section D6-22), Preliminary Plan Review (Section D6- 26), a Building Permit, or other permit required by the Municipal Code. A By-right land use may also require Architectural Review (Section D6-22) in accordance with subdivision (f) of California Government Code Section 65589.5.
(Ord. No. 522, § 6, 12/12/2023)
D2-4 - Exemptions from Land Use Permit Requirements
The planning permit requirements of this Zoning Ordinance do not apply to the land uses, structures, and activities identified by this Section. These are allowed in all zones subject to compliance with this Section.
A. General requirements for exemption. The land uses, structures, and activities identified by Subsection B below are exempt from the land use permit requirements of this Zoning Ordinance only when:
1. The use, activity or structure is established and operated in compliance with the setback requirements, height limits, parking requirements, and all other applicable standards of this Division (Allowable Land Uses and Zone Standards), Division D3 (Site Planning and Project Design Standards), and, where applicable, Chapter D7-I (Nonconforming Uses, Structures, and Parcels); and
2. Any permit or approval required by regulations other than this Zoning Ordinance is obtained (for example, a Building Permit).
B. Exempt activities and land uses. The following are exempt from the land use permit requirements of this Zoning Ordinance when in compliance with Subsection A above.
1. Decks, paths and driveways. Decks, platforms, on-site paths, and driveways that are not required to have a Building Permit, Grading Permit, or Encroachment Permit.
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4 2. Fences and walls. See Section D3-4 (Fences, Walls, and Screening).
3. Interior remodeling. Interior alterations that do not: (a) increase the gross floor area of the structure; (b) increase the number of dwelling units; (c) increase the number of bedrooms to the extent that additional parking would be required; or (d) change the permitted use of the structure.
4. Repairs and maintenance.
a. Single-family dwellings. Ordinary repairs to, and maintenance of, single-family dwellings, that are also exempt from Architectural Review (Section D6-22). b. Multi-family, and non-residential structures. Ordinary repairs to, and maintenance of, multifamily residential and non residential structures, if:
1. The work does not change the approved land use of the site or structure, or add to, enlarge or expand the land use and/or structure;
2. Any exterior repairs employ the same materials and design as the original construction; and
3. The work is exempt from Architectural Review (Section D6-22).
5. Small, portable residential accessory structures. A single portable structure per lot or unit, limited to pre-manufactured storage sheds and similar small structures in residential zones that are exempt from Building Permit requirements in compliance with the Municipal Code and the Uniform Building Code. Additional structures may be approved in compliance with Section D4-26 (Accessory Structures), where allowed by the applicable zone.
6. Solar Energy System. The installation of a solar energy system to the roof or side of a building, provided that the system complies with applicable height limit requirements; and ground-mounted systems comply with the setback requirements and height limitations of the applicable zone and accessory structure requirements and are not visible from off the site to the maximum extent feasible.
7. Utilities. The erection, construction, alteration, or maintenance by a public utility or public agency of utilities intended to service existing or nearby approved developments shall be permitted in any zone. These include: water; gas; electric; supply or disposal systems; including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, etc., but not including new transmission lines and structures. See Section D3-12 for utility undergrounding requirements. Satellite and wireless communications antennas are not exempt, and are instead subject to Chapter D4-IV (Wireless Telecommunications Facilities).
D2-5 - Temporary Uses
Requirements for establishing a temporary use (for example, a construction yard, seasonal sales lot, special event, temporary office trailer, etc.) are in Section D6-27 (Temporary Use Permits).
Chapter II – Residential Zones
Contents:
D2-6 - Purpose
D2-7 - Purposes of the Residential Zones
D2-8 - Residential Zone Land Uses and Permit Requirements D2-9 - Residential Zone General Development Standards
D2-10 - RC and HR Zone Clustering Requirements
D2-6 - Purpose
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5 This Chapter lists the land uses that may be allowed within the residential zones established by Section D1-7 (Zoning Map and Zones), determines the type of land use permit/approval required for each use, and provides basic standards for site layout and building size.
D2-7 - Purposes of the Residential Zones
The purposes of the residential zones and the manner in which they are applied are as follows.
A. RC (Rural Conservation) zone (0.0 to 0.2 du/ac). The RC zone is applied to areas of the City without urban services, with open space and habitat value, where rural single-family residential development may occur at densities of up to one unit per five gross developable acres. Clustering is encouraged to permit suitable development sites with less than 20 percent slope, where the overall project preserves 90 percent of its site in open space. Minimum lot size for new parcels is at least five acres. The RC zone is consistent with and implements the Rural Conservation land use classification of the General Plan.
B. HR (Hillside Residential) zone (0.0 to 2.0 du/ac). The HR zone is applied to hillside areas of the City appropriate for single-family dwellings, where proposed development requires special standards to ensure resource preservation and limited visual impacts. Single-family residential development may occur at densities of up to two units per acre. Clustering is required to permit suitable development sites on less than 20 percent slope, and to preserve 70 percent of an overall development site in open space. Minimum lot size for new parcels is at least five acres. The HR zone is consistent with and implements the Hillside Residential land use classification of the General Plan.
C. RE (Residential Estate) zone (0.2 to 3.0 du/ac). The RE zone is applied to areas of the City appropriate for very low density residential land uses, at densities of 0.2 to 3.0 units per acre, compatible with the topography and public service capacities. The specific allowable density for each parcel is shown on the Zoning Map by a numerical suffix residential density designator (see Section D2-8). Minimum lot size for new parcels ranges from 15,000 to 20,000 square feet. The RE zone is consistent with and implements the Single Family Low Density Residential land use classification of the General Plan.
D. RS (Single-Family Residential) zone (3.0 to 152.0 du/ac). The RS zone is applied to areas of the City appropriate for single-family residential land uses in neighborhoods at a density of three to six fifteen units per net acre, subject to appropriate standards. The specific allowable density for each parcel is shown on the Zoning Map by a numerical suffix residential density designator (see Section D2-8).
Minimum lot size for new parcels ranges from 3,5002,900 to 12,000 square feet. Depending upon the applicable residential density designator, the RS zone is consistent with and implements the Single Family Low Density Residential, Single Family Low-Medium Density Residential, and Single Family Medium Density Residential land use classifications of the General Plan.
E. RM (Medium-Density Residential) zone (6.0 to 154.0 du/ac). The RM zone is applied to areas of the City appropriate for multiple residential uses, including duplexes, townhouses, or cluster housing with landscaped open space for residents' use at a density of 6 to 154 units per net acre. Single-family dwellings are also permitted. Minimum lot size for new parcels is 3,5002,900 square feet or larger. The RM zone is consistent with and implements the Multiple FamilyMedium - High Density Residential land use classification of the General Plan.
F. RMH (Medium-High Density Residential) zone (154.0 to 22.0 du/ac). The RMH zone is applied to areas of the City appropriate for townhouses or apartments at a density of 154 to 22 units per net acre.
Minimum lot size for new multifamily parcels is 10,000 square feet or larger. Single-family dwellings are also permitted with a minimum lot size for new parcels of 2,000 square feet with a maximum of 3,100 based on the per acre RMH density range. The RMH zone is consistent with and implements the Multiple Family Medium-High Density Residential land use classification of the General Plan.
G. RH (High-Density Residential) zone (22.0 to 30.0 du/ac). The RH zone is applied to areas of the City appropriate for compact, high density, well-designed residential development, including apartments
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6 and town houses with a density range of 22 to 30 units per net acre. Proposed development will reflect high quality design with integrated open space and recreational and/or cultural amenities, as well as providing workforce housing, structured parking, and units of various number of bedrooms, with specific attention to three and more bedroom units to achieve the overall goal of providing diverse types of dwelling units. Minimum lot size for new parcels is 10,000 square feet or larger. The RH zone is consistent with and implements the Multiple Family VeryMedium -High Density Residential land use classification of the General Plan.
H. RVH (Multiple Family-Very High Density) zone (30.0 to 50.0 du/ac). The RVH zone is applied to areas appropriate for the highest density multiple-family residential development within the City, at densities between 30 and 50 units per net acre. Proposed development will reflect high quality design with integrated open space and recreational and/or cultural amenities, as well as providing workforce housing, structured parking, and units of various number of bedrooms, with specific attention to three and more bedroom units to achieve the overall goal of providing diverse types of dwelling units.
Minimum lot size for new parcels is 10,000 square feet or larger. The RVH zone is consistent with and implements the Multiple Family High-Very High Density Residential land use classification of the General Plan.
D2-8 - Residential Zone Land Uses and Permit Requirements A. Applicability. Table 2-1 identifies the uses of land allowed by this Zoning Ordinance in each residential zone, and the land use permit required to establish each use, in compliance with Section D2-3 (Allowable Land Uses and Permit Requirements).
Note: Where the last column in the table ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this Zoning Ordinance may also apply.
B. Additional City review requirements. A land use that is authorized by the planning permit required by Table 2-1 may also require Architectural Review (Section D6-22), and/or Preliminary Plan Review (Section D6-26).
C. Temporary uses. Section D6-27 (Temporary Use Permits) establishes permit requirements and standards for all allowable temporary uses.
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7 TABLE 2-1
Allowed Land Uses and Permit
Requirements for Residential Zones
P Permitted Use, Zoning Clearance may be
required prior to operation
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
ZC Zoning Clearance required
— Use not allowed
LAND USE (1) PERMIT REQUIRED BY DISTRICT Specific Use
RC HR RE RS RM RMH RH RVH Regulations
AGRICULTURAL & OPEN SPACE USES
Agricultural accessory structure P P P — — — — — D4-26
Beekeeping - Apiary P P P P — — — — D4-85
Farm animal keeping - less than 1
acre — — — — — — — —
Farm animal keeping - max. 2
heads on 1 acre or greater P P P — — — — —
Farm animal keeping - 3 heads or
more on 1 acre or greater MUP MUP MUP — — — — —
Crop production, horticulture,
orchard, vineyard MUP MUP MUP — — — — —
Crop production, horticulture,
orchard, vineyard MUP MUP MUP — — — — —
SERVICES - GENERAL
Child day care - Small or large
family day care home P P P P P P P P
Notes:
(1) See Division D8 for land use definitions.
(2) See San Ramon Municipal Code DIVISION B2 for wild or exotic animal regulations. (3) Architectural Review may also be required; see Section D6-22.
Key to Zoning District Symbols
RC Rural Conservation RM Medium Density Residential
HR Hillside Residential RMH Medium-High Density Residential RE Residential Estate RH High Density Residential
RS Single-Family Residential RVH Multi-Family Very High Density (Ord. No. 496, § 2, 01/28/2020)
D2-9 - Residential Zone General Development Standards
Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and established in compliance with the requirements in Tables 2-2, 2-3, and 2-4 in addition to the applicable standards (e.g., landscaping, parking and loading, etc.) in Division D3 of this Zoning Ordinance and the adopted Objective Design and Development Standards.
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8 TABLE 2-2 - RC, HR, AND RE DEVELOPMENT STANDARDS
Development Feature Requirement by Zone
RC HR RE-A RE-B
Minimum lot size Minimum area and width for parcels proposed in new subdivisions.
Area (net) 5 ac (1) 5 ac (1) 20,000 sf 15,000
sf
Width 300 ft (1) 300 ft (1) 100 ft 100 ft
Depth 300 ft (1) 300 ft (1) 150 ft 120 ft
Setbacks Minimum setbacks required. See Section D3-10 for exceptions, and allowed projections into setbacks.
Front 30 ft 30 ft 25 ft 20 ft
Side - Interior (each) 20 ft 20 ft 15 ft 10 ft
Side - Corner 25 ft 25 ft 20 ft 15 ft
Sides – Non-Corner Lot Aggregate 40 ft 40 ft 35 ft 25 ft Sides – Corner Lot Aggregate 45 ft 45 ft 35 ft 25 ft
Rear 35 ft 30 ft 15 ft 15 ft
Accessory structures See Section D4-26 (Accessory Structures) Lot coverage, FAR Maximum percentage of total lot area that may be covered by structures, and maximum floor area ratio (FAR).
Lot coverage N.A N.A N.A N.A
FAR N.A N.A N.A N.A
Height limit
Maximum allowable height of structures. See Section D3-6 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.
Maximum height 35 ft
Exterior finish materials The exterior walls of all primary structures shall have a nonmetallic finish Landscaping See Section D3-II (Landscape Design Standards) Driveways and Paved Area See Section D3-37 (Driveways and Site Access) Parking See Chapter D3-III (Parking and Loading)
Signs See Chapter D3-IV (Signs)
Notes: (1) Clustering is encouraged in the RC zone and required in HR. See Section D2-10 TABLE 2-3 - RS DEVELOPMENT STANDARDS
Development Feature Requirement by Zone
RS-12 RS-10 RS-7 RS-6 RS-D
Minimum lot size Minimum area and width for parcels proposed in new subdivisions.
Area (net) 12,000 sf 10,000 sf 7,000 sf 6,000 sf 3,5002,900 sf Width 100 ft 70 ft 65 ft 60 ft 40 ft
Depth 100 ft 100 ft 95 ft 90 ft 870 ft
Setbacks Minimum setbacks required. See Section D3-10 for exceptions, and allowed projections into setbacks.
Front 20 ft 20 ft 20 ft 20 ft 15 ft (1)
Side - Interior (each) 10 ft 10 ft 5 ft 5 ft 0 ft
Side - Corner 15 ft 15 ft 15 ft 15 ft 10 ft
Sides – Non-Corner Lot
Aggregate 25 ft 20 ft 15 ft 15 ft 10 ft
Sides – Corner Lot Aggregate 25 ft 25 ft 20 ft 20 ft 10 ft Rear 15 ft 15 ft 15 ft 15 ft 15 12 ft
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9 TABLE 2-3 - RS DEVELOPMENT STANDARDS
Development Feature Requirement by Zone
RS-12 RS-10 RS-7 RS-6 RS-D
Accessory structures See Section D4-26 (Accessory Structures) Lot coverage, FAR Maximum percentage of total lot area that may be covered by structures, and maximum floor area ratio (FAR).
Lot coverage N.A N.A N.A N.A N.A
FAR N.A N.A N.A N.A N.A
Height limit Maximum allowable height of structures. See Section D3-6 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.
Maximum height 35 ft
Exterior finish materials The exterior walls of all primary structures shall have a nonmetallic finish.
Landscaping See Chapter D3-II (Landscape Design Standards) Driveways and Paved Area See Section D3-37 (Driveways and Site Access) Parking See Chapter D3-III (Parking and Loading)
Signs See Chapter D3-IV (Signs)
Notes: (1) Driveway aprons require a minimum garage façade setback of 18 feet.
TABLE 2-4 - RM, RMH, RH, AND RVH DEVELOPMENT STANDARDS
Development Feature Requirement by Zone
RM RMH RH RVH
Minimum lot size Minimum area and width for parcels proposed in new subdivisions.
Area (net) 3,5002,900 sf 10,000 sf 10,000 sf 10,000 sf
Width 40 ft 70 ft 70 ft 70 ft
Depth 80 70 ft 90 ft 90 ft 90 ft
Setbacks Minimum setbacks required. See Section D3-10 for exceptions, and allowed projections into setbacks.
Front 15 ft (1) 15 ft (1) 15 ft 10 ft (2)
Side - Interior (each) 6 ft 6 ft 6 ft 6 ft
Side - Corner 10 ft 10 ft 10 ft 10 ft (2)
Sides - Aggregate 16 ft 16 ft 16 ft 16 ft
Rear 15 12 ft 15 ft 10 ft 10 ft
Accessory structures See Section D4-26 (Accessory Structures) Non-Residential Lot
coverage, FAR
Maximum percentage of total lot area that may be covered by structures, and maximum nonresidential floor area ratio (FAR) for non-residential uses identified in Table 2-1.
Lot coverage (non-residential) 25% 35% 35% 50%
FAR (max non-residential) 0.50 0.50 0.50 0.50
Height limit Maximum allowable height of structures. See Section D3-6 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.
Maximum height 35 40 ft 50 ft
Exterior finish materials The exterior walls of all primary structures shall have a nonmetallic finish.
Landscaping See Chapter D3-II (Landscape Design Standards) Driveways and Paved Area See Section D3-37 (Driveways and Site Access) Parking See Chapter D3-III (Parking and Loading)
Signs See Chapter D3-IV (Signs)
Notes:
1. Driveway aprons require a minimum garage façade setback of 18 feet.
2. Five feet is allowed for a Row-house façade with stoop, where the first floor is elevated a minimum of three feet above the sidewalk.
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10 D2-10 - RC and HR Zone Clustering Requirements
A. Applicability. Residential development including four or more units should be clustered within the RC zone, and shall be clustered within the HR zone, in compliance with this Section.
B. Cluster development design standards. The design of a proposed cluster development shall comply with the following standards.
1. Minimum lot area. Each clustered lot shall be a minimum of 20,000 square feet.
2. Maximum cluster size. No more than 10 dwelling units shall be within a single cluster.
3. Setback and buffer requirements. Proposed structures shall be located on each parcel with minimum setbacks of 30 feet in the front, 20 feet on each side, and 35 feet in the rear. A residential cluster shall be separated from each other cluster and any roadway abutting the site by a minimum of 100 feet.
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11 C. Open space preservation.
1. RC zone. Clustering is encouraged to
permit suitable development sites
with less than 20 percent slope, and
so that the overall project will
preserve 90 percent of its site as
open space.
2. HR zone. Clustering is required to
permit suitable development sites
with less than 20 percent slope. The overall project shall preserve 70 percent of its site as open space.
3. Preservation requirements. The open space on the site that is preserved by clustering shall be retained as part of an unsubdivided open space parcel or in individual open space parcels, and shall not be eligible for future development; provided that open space parcels may include conservation open space, community recreation open space, public access opens space, or buffer open space.
D. Maximum residential density. The maximum allowed residential density on a site where the development is clustered in compliance with this Section shall be based on the percentage of total site area that is permanently preserved as open space, as follows.
TABLE 2-5 - MAXIMUM DENSITY IN CLUSTERED DEVELOPMENT
Percent of Site Area
Permanently Preserved as
Open Space
Maximum Allowable Density
RC Zone HR Zone
Up to 49.9% 1 unit per net 5 acres
(0.20 units per net acre)
1 unit per net 5 acres
(0.2 units per net acre)
50 to 59.9% 1 unit per 4 net acres
(0.25 units per net acre)
1 unit per 2.5 net acres
(0.4 units per net acre)
60 to 69.9% 1 unit per 3.33 net acres
(0.30 units per net acre)
1 unit per 1.25 net acres
(0.8 units per net acre)
70 to 79.9% 1 unit per 2.85 net acres
(0.35 units per net acre)
1 unit per 0.5 net acres
(2.0 units per net acre)
80% or more 1 unit per 2.50 net acres
(0.40 units per net acre)
1 unit per 0.5 net acres
(2.0 units per net acre)
Chapter III – Mixed Use Zones
Contents:
D2-11 - Purpose
D2-12 - Purposes of Mixed Use Zones
D2-13 - Mixed Use Zone Land Uses and Permit Requirements D2-14 - Mixed Use Zone General Development Standards
D2-15 - Mixed Use Zone Additional Development Standards D2-11 - Purpose
This Chapter lists the land uses that may be allowed within the Mixed Use zones established by Section D1-7 (Zoning Map and Zones), determines the type of land use permit/approval required for each use, and provides basic standards for site layout and building size.
D2-12 - Purposes of Mixed-Use Zones
Figure 2-1 – Location of Residential Cluster
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12 The purposes of the individual Mixed-Use zones and the manner in which they are applied are as follows:
A. MUX (Mixed-Use Commercial Emphasis) zone. The purpose of the Mixed-Use Commercial Emphasis (MUX) zone is to provide areas for an integrated neighborhood, primarily to enhance existing and promote new commercial uses (retail and/or office) with complementary residential uses. A density range of 20 to 40 dwelling units per acre allows a variety of residential housing types located along street frontages. The MUX zone envisions commercial uses (retail and/or office) as the primary use along street frontages, with residential uses located behind or above the primary commercial uses.
Development could be stand-alone, vertical, or horizontal mixed-use configurations. Within the MUX zone, a nonresidential 0.45 FAR minimum is established to maintain retail square footage. The MUX sitewide FAR range is 0.7 to 2.0.
B. MUR (Mixed-Use Residential Emphasis) zone. The purpose of the Mixed-Use Residential Emphasis (MUR) zone is to provide areas for an integrated neighborhood, with a combination of primarily residential uses mixed with complementary office and commercial uses. The MUR zone provides housing infill opportunities on existing small and mid-size office and service commercial parcels. A density range of 20 to 40 dwelling units per acre allows a variety of residential housing types located along street frontages. Development can be stand-alone, vertical, or horizontal mixed-use configurations. Within the MUR zone, a residential 0.5 FAR minimum is established to maintain and encourage residential development within this zone. The MUR sitewide FAR range is 0.7 to 2.0.
C. DMU-N (Downtown Mixed-Use - North) zone. The purpose of the Downtown Mixed-Use - North (DMU-N) zone is to encourage an integrated neighborhood of commercial and residential uses within the Core area of San Ramon. The intent is to incorporate new residential uses in the existing office setting with pedestrian-friendly streetscapes, open spaces, and trails connecting to the Iron Horse Trail and City Center. Residential uses are located adjacent to the street and complementary offices, services, and goods in close proximity to transportation networks. The allowed density in the DMU-N zone ranges from a minimum of 20 dwelling units per acre to a maximum of 60 dwelling units per acre.
Development is generally intended to be vertical in nature with residential entryways taking advantage of the City’s Walking District, and allowance for higher density. Development can be vertical mixed use or stand-alone residential in proximity to nearby commercial uses with a horizontal mixed-use configuration. The DMU-N sitewide FAR range is 0.5 to 2.75.
D. DMU-S (Downtown Mixed-Use - South) zone. The purpose of the Downtown Mixed‐Use - South (DMU‐S) zone is to encourage an integrated transit-oriented and mixed use neighborhood, extending the activity of City Center across Bollinger Canyon Road with shops, offices, and a diversity of housing opportunities set in an urban environment of walkable streets, parks and trails. The intent is to promote a broad mix of uses which incorporates a transition of primarily commercial uses adjacent to the freeway and Bollinger Canyon Road, with residential uses located behind or above the primary commercial uses in close proximity to transportation networks. The allowed density in the DMU-S zone ranges from a minimum of 20 dwelling units per acre to a maximum of 60 dwelling units per acre.
Development is generally intended to be more vertical in nature and allowance for higher density closer to the arterial roadway, with an appropriate transitional buffer adjacent to existing residential uses located to the south. Commercial uses (i.e. restaurants and retail) are encouraged along major streets. Development could be stand-alone, vertical, or horizontal mixed-use configurations. The DMUS sitewide FAR range is 1.25 to 2.75.
E. CCMU (City Center Mixed Use) zone. This designation applies to City Center Bishop Ranch and the adjacent BR-2600 property in the core area of San Ramon. It is intended to foster a vibrant, integrated and cohesive mix of civic, retail, office, residential and open space uses and promote a walkable, bikeable environment at the physical center of the city. The CCMU designation is also intended to create a vital, attractive destination for people from other parts of the city and the region.
Development intensities of up to 0.70 FAR are permitted, with additional FAR, up to a maximum of
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13 1.35, allowed for projects that include such elements as affordable housing; significant public benefits and/or amenities such as public art and plazas, public facilities; and/or a transit facility nearby or in proximity. The allowable residential density range is 22 dwelling units per acre up to 50 dwelling units per acre. Development should reflect high quality design, with integrated open space and recreational and/or cultural amenities, as well as opportunities for workforce housing. Structured parking may be required.
(Ord. No. 522, § 6, 12/12/2023)
D2-13 - Mixed-Use Zone Land Uses and Permit Requirements A. Allowable Land Uses and Permit Requirements. Table 2-6 identifies the uses of land allowed by this Zoning Ordinance in the Mixed-Use Zones, and the land use permit required to establish each use. The uses of land allowed in Table 2-6 (other than the residential uses) only applies to the non-residential component of the Mixed-Use zone. Businesses located within the residential component of the MixedUse zone are limited to those established through a Home Occupation Permit.
B. Specific Use Regulations. Where the last column in the table ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of the Zoning Ordinance may also apply.
TABLE 2-6
Allowed Land Uses and Permit
Requirements for Mixed-Use
Zones
P Permitted Use, Zoning Clearance may be required prior to operation
MUP Minor Use Permit required
UP Conditional Use Permit required
S Specific Use Regulations
ZC Zoning Clearance required
— Use not allowed
LAND USE (1)(2)
PERMIT REQUIRED Specific Use
MUX MUR Regulations DMUN DMU-S CCMU
INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING
Construction contractor base - Indoor MUP MUP — — —
Media production ZC3 ZC3 ZC3 ZC3 ZC3
Recycling facility — — — — —
Research and development, general MUP MUP MUP MUP MUP
Research and development, limited ZC3 ZC3 ZC3 ZC3 ZC3
Storage - Warehouse, indoor storage, limited MUP MUP — — — Laboratory, non-medical MUP MUP MUP MUP MUP
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Commercial recreation facility - Indoor ZCUP MUPUP MUPUP MUPUP ZCUP D4-30 Commercial recreation facility - Outdoor UP UP UP UP UP Conference/convention facility UP UP UP UP UP
Fitness/health facility MUP MUP MUP MUP MUP
Library, museum, gallery (non-retail gallery) P P P P P Meeting facility, public or private MUP MUP MUP MUP MUP Night Club MUP MUP MUP MUP MUP
Park and recreation facility - Site of 2 acres or less P P P P P School - Public or privateElementary, Middle,
Secondary UP UP UP UP UP
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14 TABLE 2-6
Allowed Land Uses and Permit
Requirements for Mixed-Use
Zones
P Permitted Use, Zoning Clearance may be required prior to operation
MUP Minor Use Permit required
UP Conditional Use Permit required
S Specific Use Regulations
ZC Zoning Clearance required
— Use not allowed
LAND USE (1)(2)
PERMIT REQUIRED Specific Use
MUX MUR Regulations DMUN DMU-S CCMU
School - Specialized education or training MUP MUP MUP MUP MUP Sports and entertainment assembly facility UP UP UP UP UP Studio - Art, dance, martial arts, music, etc.
(ground floor) ZC3 ZC3 ZC3 ZC3 ZC3
Studio - Art, dance, martial arts, music, etc. (upper
floors) P P P P P
Theater, movies or performing arts UP UP UP UP UP
RESIDENTIAL USES
Animal - Wild or Exotic S S S S S
Municipal
Code DIVISION B2
- ANIMALS
Animal - Domestic P P P P P
Emergency shelter P P P P P
Home occupation S S S S S
Live/work unit MUP MUP MUP MUP MUP
Mixed use project residential component P P P P P
Supportive housing, 50 or fewer P P P P P
Supportive housing, 51 or more UP UP UP UP UP
Transitional housing, 50 or fewer P P P P P
Transitional housing, 51 or more UP UP UP UP UP
Residential care, 6 or fewer P P P P P
Residential care, 7 or more MUP MUP MUP MUP MUP
RETAIL TRADE
Accessory retail and services P P P P P
Alcoholic Beverage Manufacturing, Micro-Brewery MUP MUP MUP MUP MUP Alcoholic Beverage Manufacturing, Brew Pub P P P P P
Auto and vehicle sales and rental MUP4 MUP4 MUP4 MUP4 MUP4 Building/landscape materials sales - Indoor
showroom MUPUP MUPUP MUPUP MUPUP MUPUP
Convenience store P P P P P
Drive-through retail or services MUP MUP MUP MUP MUP
Eating and drinking establishments P P P P P
With wine and beer P P P P P
With full alcoholic beverage service MUPZC MUPZC MUPZC MUPZC MUPZC Alcoholic Beverage Manufacturing, Brew Pub P P P P P
With drive-through service MUP MUP MUP MUP MUP
With live entertainment ZCMUP ZCMUP ZCMUP ZCMUP ZCMUP D4-34
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15 TABLE 2-6
Allowed Land Uses and Permit
Requirements for Mixed-Use
Zones
P Permitted Use, Zoning Clearance may be required prior to operation
MUP Minor Use Permit required
UP Conditional Use Permit required
S Specific Use Regulations
ZC Zoning Clearance required
— Use not allowed
LAND USE (1)(2)
PERMIT REQUIRED Specific Use
MUX MUR Regulations DMUN DMU-S CCMU
With up to 12 outdoor seats or stools P P P P P
With 13 or more outdoor seats or stools MUPZC MUPZC MUPZC MUPZC MUPZC Table 3-8 Farmer's market – Ongoing MUP MUP MUP MUP MUP
Food and beverage sales - Chain grocery P P P P P
Food and beverage sales - Specialty food store P P P P P Furniture, furnishings, and appliance store ZCP5 ZCP5 ZCP5 ZCP5 ZCP5 Mobile home, boat, or RV sales — — — — —
Outdoor retaildisplay and sales and activities ZCMUP ZCMUP ZCMUP ZCMUP ZCMUP D4-35 Outdoor vendor ZCMUP ZCMUP ZC MUP ZCMUP ZCMUP D4-35
Pharmacy, medical supplies P P P P P
Retail, general - 50,000 sf or less floor area P P P P P Retail, general - over 50,000 sf of floor area UP P P P P Second hand store ZCMUP ZCMUP ZCMUP ZCMUP ZCMUP
SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL
ATM P P P P P
Bank, financial services P P P P P
Business support service P P P P P
Medical services - Clinic, laboratory, urgent care
(ground floor) MUP3 UP3 UP3 UP3 MUP3
Medical services - Clinic, laboratory, urgent care
(upper floors) MUP MUP MUP MUP MUP
Medical services - Doctor office (ground floor) P2 P2 P2 P2 P2 Medical services - Doctor office (upper floors) P2 P2 P2 P2 P2 Medical services - Extended care UP UP UP UP UP
Office - Accessory P P P P P
Office - Business/service (ground floor) P P P P P
Office - Business/service (upper floors) P P P P P
Office - Government (ground floor) P P P P P
Office - Government (upper floors) P P P P P
Office - Processing (ground floor) MUP MUP MUP MUP MUP
Office - Processing (upper floors) MUP MUP MUP MUP MUP
Office - Professional/administrative (ground floor) P P P P P Office - Professional/administrative (upper floors) P P P P P
SERVICES - GENERAL
Adult day care MUPUP MUPUP MUPUP MUPUP MUPUP
Animal services - Boarding/training MUP MUP MUP MUP MUP
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16 TABLE 2-6
Allowed Land Uses and Permit
Requirements for Mixed-Use
Zones
P Permitted Use, Zoning Clearance may be required prior to operation
MUP Minor Use Permit required
UP Conditional Use Permit required
S Specific Use Regulations
ZC Zoning Clearance required
— Use not allowed
LAND USE (1)(2)
PERMIT REQUIRED Specific Use
MUX MUR Regulations DMUN DMU-S CCMU
Animal services - Grooming PZC3 PZC3 PZC3 PZC3 PZC3
Animal services - Veterinary clinic, animal hospital MUP MUP MUP MUP — Catering service ZCMUP3 ZCMUP3 ZCMUP3 ZCMUP3 ZCMUP3
Child day care center MUPUP MUPUP MUPUP MUPUP MUPUP
Child day care center - Accessory to on-site anchor
tenant
ZCUP ZCUP ZCUP ZCUP ZCUP
Child day care - Small or large family day care
home P P P P P—
Equipment rental - Indoor only P P P P P
Lodging - Bed & breakfast inn (B&B) UP UP UP UP UP D4-27 Lodging - Hotel or motel UP UP UP UP UP
Maintenance and repair service MUP MUP — — —
Personal services PZC3 PZC3 PZC3 PZC3 PZC3
Personal services - Restricted ZC ZC ZC ZC ZC
Public safety facility P P P P P
Vehicle services - Service station UP — — — — D4-40
TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE
Broadcasting studio PMUP PMUP PMUP PMUP PMUP
Cogeneration facilities UP UP UP UP UP
Heliport UP UP UP UP UP
Parking facility, public or commercial UP UP UP UP UP
Transit station P P P P P
Utility facility UP UP UP UP UP
Utility infrastructure P P P P P
Wireless telecommunications facility S S S S S
Footnotes:
1. See dDivision D8 for land use definitions.
1. 2. The uses of land allowed in Table 2-6 (other than the residential uses) only applies to the non-residential component of the Mixed-Use zone. Businesses located within the residential component of the Mixed-Use zone are limited to those established through a Home Occupation Permit.
2. Use allowed only if it does not exceed 10% of the total office space on the site.
3. Use allowed with a Minor Use Permit or Zoning Clearance, as identified in the table above, on ground floor if non-retail uses occupy 25% or less of the gross ground floor area. Non-retail uses exceeding 25% gross ground floor area may be authorized by a Minor Use Permit when the economic findings in Section D4-38 Non-Retail Uses within Retail/Commercial Centers can be made.
4. Limited to an auto rental agency accessory to a hotel or retail sales/showroom.
5. Allowed only as accessory to department store.
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17 Key to Zoning District Symbols
MUX Mixed-Use Commercial
Emphasis MUR Mixed-Use Residential Emphasis
DMUNDowntown Mixed-Use -
North
DMU-S Downtown Mixed-Use - South CCMU City Center Mixed Use (Ord. No. 522, § 6, 12/12/2023)
D2-14 - Mixed-Use Zone General Development Standards
Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-7, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Division D3 of this Zoning Ordinance.
TABLE 2-7 - Mixed-Use Zone Development Standards
Development Feature Requirement by Zone
MUX MUR DMU-N DMU-S CCMU
Minimum lot size Minimum area and width for parcels proposed in new subdivisions.
Area (net) Determined through subdivision process
Width Determined through subdivision process
Depth Determined through subdivision process
Residential density
Minimum site area per dwelling unit as determined by the General Plan. The actual number of units allowed will be determined through subdivision or land use permit approval.
Minimum Density (du/ac) 20 20 20 20
Minimum site area
per dwelling
unit as determined
by the General
Plan. The actual
number of units
allowed will be
determined
through
subdivision or land
use permit
approval.
Maximum Density (du/ac) 40 40 60 60 Determined by
General Plan
Floor Area Ratio (FAR)
The measurement of a structure’s floor area in relation to the size of the lot that the structure(s) is located on. FAR is expressed as a decimal number and is derived by dividing the total net area of the structure(s) by the total gross area of the lot (net structure area ÷ gross lot area).
Maximum 0.70
FAR. Additional
FAR up to 1.35
may be permitted
if project
incorporates and
significant public
benefits/amenities
Sitewide Minimum 0.70 0.70 0.5 1.25 N.A.
Sitewide Maximum 2.0 2.0 2.75 2.75 N.A.
Nonresidential Minimum 0.45 N.A. N.A. N.A. N.A.
Residential Minimum N.A. 0.5 N.A. N.A. N.A.
Setbacks1 Minimum setbacks required. See Section D3-10 for exceptions, and allowed projections into setbacks.
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18 TABLE 2-7 - Mixed-Use Zone Development Standards
Development Feature Requirement by Zone
MUX MUR DMU-N DMU-S CCMU
Front 10 Feet
Determined
through project
review and
approval
Side-Interior (Each) Determined through project review and approval Side- Corner Determined through project review and approval Rear Determined through project review and approval
Accessory structure See Section D4-26 (Accessory Structures) Lot coverage The maximum percentage of total lot area that may be covered by structures Maximum N.A. N.A. N.A. N.A N.A.
Height limit Maximum allowable height of structures. See Section D3-6 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.
Maximum (ft) 602 602 852 852 None2
Landscaping See D3 Chapter II (Landscape Design Standards) Parking See D3 Chapter III (Parking and Loading)
Signs See D3 Chapter IV (Signs)
Footnotes:
(1) Except that a 25-foot wide side and/or rear yard shall be required abutting a residential zone, and where a lot abuts the Interstate 680 right-of-way; and structures shall not intercept the daylight plane required by Section D2-15. (2) Except as limited by Daylight Plane Requirements (D2-15.A) and Section D3-6 (Height Limits and Exceptions).
Key to Zoning District Symbols
MUX Mixed-Use Commercial
Emphasis MUR Mixed-Use Residential Emphasis
DMUNDowntown Mixed-Use -
North
DMU-S Downtown Mixed-Use - South CCMU City Center Mixed Use (Ord. No. 522, § 6, 12/12/2023)
D2-15 - Mixed-Use Zone Additional Development Standards A. Daylight plane requirement. A proposed structure shall not intercept a 30-degree daylight plane inclined inward at a residential zone property line and/or I-680 freeway property line. The 30-degree daylight plane shall be measured from:
1. A height of 6 to 8 feet above existing grade, as required by section D3-4.F, at the R zone property line and/or I-680 freeway property line for a site in a MUX, MUR, DMU-N, and DMU-S zone; and
2. A height of 12 feet above existing grade at the R zone boundary line and/or I-680 freeway property line for a site in the CCMU zone.
The 30-degree daylight plane shall be measured from the required height above the existing site grade regardless of the site grade on either side of the property line.
B. Mixed use project development standards. A mixed- use project shall comply with the following requirements. A mixed- use project combines a mix of uses on the same site. In all the CCMU and MU zones, the residential units of mixed- use projects are typicallycan be located above the nonresidential uses (vertical mixed- use), but or can be a horizontal mixed- use may be allowed which provides residential at ground level behind street-fronting nonresidential uses.
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19 1. Design considerations. A mixed- use project shall be designed to in compliance with the adopted Objective Design and Development Standardsachieve the following objectives. a. In the CCMU and MU zones, the design shall provide for internal compatibility between the residential and non-residential uses on the site.
b. In the CCMU and MU zones, potential glare, noise, odors, traffic, and other potentially significant impacts on residents shall be minimized to allow a compatible mix of residential and nonresidential uses on the same site.
c. The design shall take into consideration potential impacts on adjacent properties and shall include specific design features to minimize potential impacts. d. In the CCMU and MU zones, the design shall ensure that the residential units are of a residential character, and that appropriate privacy between residential units and other uses on the site is provided.
e. Site planning and building design shall provide for convenient and attractive pedestrian access from the public street into the nonresidential portions of the project, through such means as courtyards, plazas, walkways, and street furniture.
f. Site planning and building design shall be compatible with and enhance the adjacent and surrounding land uses in terms of building design, color, exterior materials, landscaping, lighting, roof styles, scale, and signage.
2. Mix of uses. A mixed- use project may combine residential uses with any other use allowed in the MU or CCMU zones; provided that where a mixed -use project is proposed with a use that is required to have Use Permit approval, the entire mixed- use project shall be subject to that permit requirement.
3. Site layout and project design standards. Each mixed- use project shall comply with the property development standards of the applicable zone, and in the CCMU and MU zones, the following requirements.
a. Location of residential units. The location of residential units shall comply with the standards prescribed in this Section.
b. Parking. To encourage the development of both residential and nonresidential uses in mixeduse zones, the use of shared parking provisions shall be incorporated between the residential and non-residential usesinto mixed use projects.
c. Loading areas. Nonresidential loading areas shall be located away from residential units and shall be screened from view from the residential portion of the project to the maximum extent feasible.
d. Refuse and recycling areas. Areas for the collection and storage of refuse and recyclable materials shall be located on the site in locations that are convenient for both the residential and nonresidential uses.
4. Performance standards. In the CCMU and MU zones, the following requirements shall apply. a. Lighting. Lighting for nonresidential uses shall be appropriately shielded to limit impacts on the residential units.
b. Noise. Each residential unit shall be designed and constructed to minimize adverse impacts from nonresidential project noise, in compliance with the City's Noise Ordinance.
Figure 2-2 - Daylight Plane Requirement
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20 c. Hours of operation. A mixed use
project proposing a
nonresidential component
located below or in front of a
residential component that will
operate outside of the hours from
7:00 a.m. to 7:00 p.m., shall
require Use Permit approval to
ensure that the commercial uses
will not negatively impact the
residential uses within the project, or any adjacent residential uses. (Ord. No. 522, § 6, 12/12/2023)
Chapter IV – Commercial, Office and Industrial Zones
Contents:
D2-17 - Purpose
D2-18 - Purposes of Commercial, Office and Industrial Zones D2-19 - Commercial, Office and Industrial Land Uses and Permit Requirements D2-20 - Commercial, Office and Industrial General Development Standards D2-21 - Standards for Specific Commercial, Office and Industrial Zones D2-17 - Purpose
This Chapter lists the land uses that may be allowed within the Commercial, Office and Industrial Zones established by Section D1-7 (Zoning Map and Zones), determines the type of land use permit/approval required for each use, and provides basic standards for site layout and building size.
D2-18 - Purposes of Commercial, Office and Industrial Zones The purposes of the individual Commercial, Office and Industrial zones and the manner in which they are applied are as follows.
A. OA (Administrative Office) zone. The OA zone is applied to areas of the City appropriate for major office buildings, support facilities, and compatible commercial uses within landscaped environments that are protected from the more intense levels of activity associated with retail commercial development. Building intensity may be up to 0.45 FAR. The OA zone is consistent with and implements the Office land use classification of the General Plan.
B. OL (Limited Office) zone. The OL zone is applied to areas of the City appropriate for offices and limited retail uses, subject to development standards that prevent significant adverse effects on adjacent uses.
Building intensity may be up to 0.45 FAR. The OL zone is consistent with and implements the Office land use classification of the General Plan
C. CC (Community Commercial) zone. The CC zone is applied to areas of the City appropriate for retail shopping centers containing a wide variety of commercial establishments, including stores selling a wide variety of products, restaurants, commercial recreation, service stations, and business, personal and financial services. Building intensity may be up to 0.45 35 FAR. The CC zone is consistent with and implements the Retail Shopping land use classification of the General Plan.
D. CT (Thoroughfare Commercial) zone. The CT zone is applied to areas near freeways, appropriate for businesses predominately serving the needs of the community and traveling public. Appropriate land All MU zones
________________________
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21 uses within this zone include lodging, automobile service stations, restaurants, and retail uses. Personal services may also be permitted to serve adjacent residential neighborhoods. Building intensity may be up to 0.50 FAR. The CT zone is consistent with and implements the Thoroughfare Commercial land use classification of the General Plan.
E. CS (Service Commercial) zone. The CS zone is applied to areas of the City appropriate for commercial services, including automobile sales and services, building materials, contractors' yards, warehousing, storage and similar uses. Building intensity may be up to 0.50 FAR. The CS zone is consistent with the Commercial Services land use classification of the General Plan.
F.E. CR (Commercial Recreation) zone. The CR zone is applied to areas of the City appropriate for golf courses, sports and fitness clubs, and outdoor commercial recreation facilities at intensities of up to
0.35 FAR. The CR zone is consistent with the Commercial Recreation land use classification of the General Plan.
G. MW (Manufacturing/Warehousing) zone. The MW zone is applied to areas of the City appropriate for general and low intensity industrial uses at up to 0.50 FAR, including manufacturing, warehousing, distribution, research and development, etc., and supportive uses. Offices may be allowed as an accessory use. The MW zone is consistent with the Manufacturing and Warehousing land use classification of the General Plan.
H.F. MC (Mixed Commercial) zone. The MC zone is applied to areas of the City appropriate for an integrated mix of non-residential uses only, including retail, services, and offices at intensities of up to 0.70 FAR.
Development should be integrated with open space and recreational and/or cultural amenities.
Structured parking may be required. The MC zone is consistent with and implements the Mixed Commercial land use classification of the General Plan. (Ord. No. 522, § 6, 12/12/2023)
D2-19 - Commercial, Office and Industrial Land Uses and Permit Requirements Table 2-8 identifies the uses of land allowed by this Zoning Ordinance in the Commercial, Office and Industrial zones, and the land use permit required to establish each use, in compliance with Section D2-3 (Allowable Land Uses and Permit Requirements).
Note: Where the last column in the table ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this Zoning Ordinance may also apply.
TABLE 2-8
Allowed Land
Uses and Permit
Requirements for
Commercial,
Office & Industrial
Zones
P Permitted Use, Zoning Clearance may be required prior to operation
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
ZC Zoning Clearance required
— Use not allowed
LAND USE (1)
PERMIT REQUIRED BY DISTRICT Specific
Use
Regulations OA OL CC CT CS CR MW MC
INDUSTRY, MANUFACTURING & PROCESSING,
WHOLESALING
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22 TABLE 2-8
Allowed Land
Uses and Permit
Requirements for
Commercial,
Office & Industrial
Zones
P Permitted Use, Zoning Clearance may be required prior to operation
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
ZC Zoning Clearance required
— Use not allowed
LAND USE (1)
PERMIT REQUIRED BY DISTRICT Specific
Use
Regulations OA OL CC CT CS CR MW MC
Alcoholic Beverage
Manufacturing, MicroBrewery— — UP UP MUP — MUP —
Alcoholic Beverage
Manufacturing, Distillery — — UP UP MUP — MUP —
Construction contractor
base - Indoor — — MUP(3) — P — MUP —
Construction contractor
base - Outdoor storage — — — — MUP — MUP —
Industry, custom — — MUP(3) — UP — P —
Industry, general — — — — — — P —
Industry, limited — — — — UP — P —
Industry, limited, smallscale — — — — MUP — P —
Media production MUP MUP MUP(3) — — — UP ZC3
Recycling facility — — S S S S S — D4-37
Research and
development, general MUP MUP — — P — P MUP3
Research and
development, limited ZC ZC — — P — P ZC3
Laboratory, non-medical MUP MUP — — P — P MUP3
Storage - Outdoor — — MUP MUP MUP — MUP — D4-35
Storage - Personal storage
facility (mini-storage) — — — — UP — UP —
Storage - Warehouse,
indoor storage, limited — — — — P — P —
Wholesaling and
distribution — — — — MUP — P —
Wholesaling and
distribution - Small scale — — — — P — P —
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Adult business — — — — — — UP UP— D4-I
Commercial recreation
facility - Indoor — UP UP(3) MUP MUP P MUP UP D4-30
Commercial recreation
facility - Outdoor — — — — — UP UP — D4-30
Conference/convention
facility UP UP UP(3) — UP — UP — UP
Equestrian facility — — — — — MUP — —
Fitness/Health facility UP — MUP(3) MUP MUP(2) UP — MUP
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23 TABLE 2-8
Allowed Land
Uses and Permit
Requirements for
Commercial,
Office & Industrial
Zones
P Permitted Use, Zoning Clearance may be required prior to operation
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
ZC Zoning Clearance required
— Use not allowed
LAND USE (1)
PERMIT REQUIRED BY DISTRICT Specific
Use
Regulations OA OL CC CT CS CR MW MC
Golf course — — — — — UP — —
Library, museum, art
gallery UP P UP(3) — — UP — P
Meeting facility, public or
private MUP MUP UP UP UP — — MUP
Night Club — — — — — — — MUP
Park and recreation facility
- Site of 2 acres or less P — P — — P P P
School - Elementary,
Middle, SecondaryPublic or
private
UP UP UP(3) — — — — — UP3
School – Specialized
education or training MUP —MUP MUP(3) MUP UP MUP — MUP3 Sports and entertainment
assembly facility — — — UP — UP — UP
Studio - Art, dance, martial
arts, music, etc. (ground
floor)
MUP MUP MUPZC(3) MUPZC(3) MUP MUP MUP ZC3
Studio - Art, dance, martial
arts, music, etc. (upper
floors)
MUP MUP P MUP MUP MUP MUP P
Theater, movies or
performing arts UP — UP UP — UP — UP
RESIDENTIAL USES
Caretaker Quarters — — — — — — MUP —
Emergency shelter P P P P P P P P
Homeless shelter — — — P — — — — D4-55
Live/work unit — — — UP UP — — —
Residential care, 7 or more
clients — — UP — — — — —
Supportive housing UP UP UP UP UP UP UP UP
Transitional housing UP UP UP UP UP UP UP UP
Residential care, 6 or fewer — — — — — — — P
RETAIL TRADE
Accessory retail and
services P P P P P P P P
Alcoholic Beverage
Manufacturing, Brew Pub — — P P — — — UP
Auto and vehicle sales and
rental — — MUP MUP MUP — MUP MUP7
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24 TABLE 2-8
Allowed Land
Uses and Permit
Requirements for
Commercial,
Office & Industrial
Zones
P Permitted Use, Zoning Clearance may be required prior to operation
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
ZC Zoning Clearance required
— Use not allowed
LAND USE (1)
PERMIT REQUIRED BY DISTRICT Specific
Use
Regulations OA OL CC CT CS CR MW MC
Building/landscape
materials sales - Indoor
showroom
— — PZC — P — P UPZC
Building/landscape
materials sales - Outdoor — — MUP — MUP — MUP —MUP
Construction and heavy
equipment sales and rental — — — — — — UP —
Convenience store — — MUP MUP — — — P
Drive-through retail — — MUP MUP — — — MUP
Eating and drinking
establishments ZC4(6) ZC4(6) P P ZC(5) MUP(4) MUP(4) P
With wine and beer ZC4(6) ZC4(6) P P MUP — — P
With full alcoholic
beverage service MUP4(6) MUP4(6) MUP MUP — — — MUP4
Alcoholic Beverage
Manufacturing, Brew
Pub
— — —P —P — — — P
With drive-through
service — — MUP MUP — — — MUP
With live entertainment MUP4(6) MUP4(6) MUP MUP — — — MUP D4-34 With up to 12 outdoor
seats or stools ZC4(6) ZC4(6) P P P — — P
With 13 or more
outdoor seats or stools MUP4(6) MUP4(6) MUP MUP MUP — — MUP Table 3-8 Farmer's market, Ongoing MUP MUP MUP — — — — MUP
Farm supply and feed store — — — — UP — UP —
Food and beverage sales -
Chain grocery — — MUP MUP MUP — — P
Food and beverage sales -
Specialty food store — — P P P — — P
Fuel dealer (propane for
home and farm use, etc.) — — MUP4 MUP4 MUP — MUP —
Furniture, furnishings, and
appliance store — — P P — — — P8
Mobile home, boat, or RV
sales — — MUP MUP P — UP —
Outdoor retail display and
sales and activities — — MUPZC —MUP — MUP — MUP D4-35
Outdoor vendor MUP MUP MUP MUP MUP MUP — MUP D4-35
Pharmacy, medical supplies PMUP PMUP P P — — — P
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25 TABLE 2-8
Allowed Land
Uses and Permit
Requirements for
Commercial,
Office & Industrial
Zones
P Permitted Use, Zoning Clearance may be required prior to operation
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
ZC Zoning Clearance required
— Use not allowed
LAND USE (1)
PERMIT REQUIRED BY DISTRICT Specific
Use
Regulations OA OL CC CT CS CR MW MC
Plant nursery — — MUP — MUP — — —
Retail, general - 50,000 sf
or less floor area — — P P — — — P
Retail, general - over
50,000 sf of floor area — — UP UP UP — — P
Second hand store — — P — — — — MUP
SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL
ATM P P P P P P P P
Bank, financial services PMUP PMUP PZC ZCP — — — P
Business support service P PMUP P — MUP — — P
Medical services - Clinic,
lab., urgent care (ground
floor)
MUP MUP MUP(3) MUP(3) MUP — — MUP3
Medical services - Clinic,
lab., urgent care (upper
floors)
MUP MUP MUP MUP MUP — — MUP
Medical services - Doctor
office (ground floor) P P ZCMUP(3) — — — — ZCP9
Medical services - Doctor
office (upper floors) P P P — — — — P9
Medical services -
Extended care UP UP — — — — — UP
Office – Accessory P(4) P(4) P3(4) P3(4) P(4) P3(4) P(4) P Office - Business/service
(ground floor) P P ZC(3) ZC(3) MUP(2) — — ZC3
Office - Business/service
(upper floors) P P P P MUP(2) — — P
Office - Government
(ground floor) P P ZC(3) ZC(3) MUP(2) — — ZC3
Office - Government
(upper floors) P P P P MUP(2) — — P
Office - Processing (ground
floor) MUP MUP MUP MUP MUP — MUP MUP3
Office - Processing (upper
floors) MUP MUP MUP MUP MUP — — MUP
Office -
Professional/administrative
(ground floor)
P P ZC(3) ZC(3) MUP — — ZC3
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26 TABLE 2-8
Allowed Land
Uses and Permit
Requirements for
Commercial,
Office & Industrial
Zones
P Permitted Use, Zoning Clearance may be required prior to operation
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
ZC Zoning Clearance required
— Use not allowed
LAND USE (1)
PERMIT REQUIRED BY DISTRICT Specific
Use
Regulations OA OL CC CT CS CR MW MC
Office -
Professional/administrative
(upper floors)
P P P P MUP — — P
SERVICES – GENERAL
Adult day care MUPUP MUPUP MUPUP — UP — — UP
Animal services -
Boarding/training — MUP MUP(3) — MUP — — MUP3
Animal services –
Grooming — MUP P — P — — ZC3
Animal services -
Veterinary clinic, animal
hospital
MUP— MUP MUP(3) — MUP — MUP ZC3
Catering service ZCMUP ZCMUP ZCP — P — P MUP3
Child day care center MUP MUP MUP(3) MUP(3) MUP — — UP3 Child day care center -
Accessory to on-site
employer
ZCMUP ZCMUP MUP(3) MUP(3) MUP — MUP UP3
Drive-through service MUP MUP MUP(3) MUP(3) — — — —
Equipment rental - Indoor
only P— P— P — P — — —
Equipment rental - With
outdoor storage MUP— MUP— MUP(3) — MUP — — —
Laundry, dry cleaning plant — — MUP(3) MUP(3) MUP — MUP — Lodging - Bed & breakfast
inn (B&B) — — UP UP — — — —
Lodging - Hotel or motel — — UP UP — — — UP
Maintenance and repair
service — — — — MUP — P —
Maintenance and repair
service - No outdoor
storage
— — P — P — P —
Maintenance and service
facility — — — — P — P —
Mortuary, funeral home -
Full service — — UP — UP — — —
Mortuary, funeral home -
Partial service — — MUP(3) — MUP — — —
Personal services ZCMUP ZCMUP P P P — — ZC3
Personal services –
Restricted — — ZCMUP(3) ZCMUP(3) MUP — — —
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27 TABLE 2-8
Allowed Land
Uses and Permit
Requirements for
Commercial,
Office & Industrial
Zones
P Permitted Use, Zoning Clearance may be required prior to operation
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
ZC Zoning Clearance required
— Use not allowed
LAND USE (1)
PERMIT REQUIRED BY DISTRICT Specific
Use
Regulations OA OL CC CT CS CR MW MC
Public safety facility P P P P P P P P
Printing and publishing P— P— — — UP — UP —
Repair Service - Equipment,
large appliances, etc. — — — — P — P —
Vehicle services - Major
repair/body work — — — — P — P —
Vehicle services - Minor
maintenance/repair — — MUP4(3) MUP4(3) P — P —
Vehicle services - Service
station — — MUP4 MUP4 MUP — MUP MUP4— D4-40
Vehicle services - Towing
and storage — — — — MUP — MUP —
Vehicle services - Washing,
attended — — MUP4(3) MUP4(3) P — — — D4-40
Vehicle services - Washing,
unattended — — MUP4(3) MUP4(3) MUP — — — D4-40
TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE
Broadcasting studio MUP MUP P — P — P MUP
Cogeneration facilities UP UP UP UP UP UP UP UP
Heliport UP — — — — — UP — D4-32
Parking facility, public or
commercial MUP MUP MUP MUP MUP — — UP
Solid waste transfer station — — — — — — UP —
Transit station UP — — — — — — P
Transportation service
dispatch facility — — — — MUP — UP —
Utility facility UP UP UP UP UP UP UP UP
Utility infrastructure P P P P P P P P
Wireless
telecommunications facility S S S S S S S S D4 Chapter IV
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28 TABLE 2-8
Allowed Land
Uses and Permit
Requirements for
Commercial,
Office & Industrial
Zones
P Permitted Use, Zoning Clearance may be required prior to operation
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
ZC Zoning Clearance required
— Use not allowed
LAND USE (1)
PERMIT REQUIRED BY DISTRICT Specific
Use
Regulations OA OL CC CT CS CR MW MC
Notes:
1. See Division D8 for land use definitions.
2. Use allowed only on second or upper floors with a Minor Use Permit.
3. Use allowed with a Minor Use Permit or Zoning Clearance, as identified in the table above, on ground floor if non-retail uses occupy gross ground floor area. Non-retail uses exceeding 25% gross ground floor area may be authorized by a Minor Use Permit when the economic findings in Section D4-38 Non-Retail Uses within Retail/Commercial Centers can be made
4.3. Accessory use only, limited to 1,000 sf, or to 10% of the total gross floor area on site (whichever is greater).with a Minor Use Permit.
5. Only allowed as ancillary use complimentary to adjacent CS uses, as determined by the Zoning Administrator
6. Use allowed on the ground floor if occupying 25% or less of the gross ground floor area. 4. Not permitted on the upper floors.
7. Limited to an auto rental agency accessory to a hotel or retail sales/showroom.
8. Allowed only accessory to department store.
9. Use allowed only if it does not exceed 10% of the total office space on the site.
Key to Zone Symbols
OA Administrative Office CS Service Commercial OL Limited Office CR Commercial Recreation CC Community Commercial MW Manufacturing/Warehousing CT Thoroughfare Commercial MC Mixed Commercial
(Ord. No. 522, § 6, 12/12/2023)
D2-20 - Commercial, Office and Industrial General Development Standards Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Tables 2-9 and 2-10, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Division D3 of this Zoning Ordinance.
TABLE 2-9 - OA, OL, CC, AND CT DEVELOPMENT STANDARDS
Development Feature Requirement by Zone
OA OL CC CT
Minimum lot size Minimum area and width for parcels proposed in new subdivisions.
Area (net) 5 acres 15,000 sf 10,000 sf 10,000 sf
Width 325 ft 100 ft 80 ft 80 ft
Depth Determined through subdivision process
Setbacks Minimum setbacks required. See Section D3-10 for exceptions, and allowed projections into setbacks.
Front 35 ft 20 ft 15 ft 15 ft
Side - Interior (each) 30 ft 10 ft None None
Side - Corner 35 ft 20 ft 10 ft 15 ft
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29 TABLE 2-9 - OA, OL, CC, AND CT DEVELOPMENT STANDARDS Development Feature Requirement by Zone
OA OL CC CT
Rear 20 ft 15 ft None None
Except that a 25-foot wide side and/or rear yard shall be required abutting a residential zone, and where a lot abuts the Interstate 680 right-of-way. Structures shall not intercept the daylight plane required by Section D2-21 except where a lot abuts the Interstate 680 right-of-way.
Accessory structures See Section D4-26 (Accessory Structures) Lot coverage, FAR Maximum percentage of total lot area that may be covered by structures, and maximum nonresidential floor area ratio (FAR).
Lot coverage 25% 30% 30% 30%
FAR 0.45 0.45 0.35 0.50
Height limit Maximum allowable height of structures. See Section D3-6 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.
Maximum height 55 ft 40 ft 35 ft 50 ft
Landscaping See Chapter D3-II (Landscape Design Standards) Parking See Chapter D3-III (Parking and Loading)
Signs See Chapter D3-IV (Signs)
TABLE 2-10 - CR, CS, MW, AND MC DEVELOPMENT STANDARDS
Development
Feature
Requirement by Zone
CR CS MW MC
Minimum lot size Minimum area and width for parcels proposed in new subdivisions.
Area (net) 5 acres 7,500 sf 10,000 sf 10,000 sf
Width 325 ft 70 ft 70 ft 80 ft
Depth Determined through the subdivision process.
Setbacks Minimum setbacks required. See Section D3-10 for exceptions, and allowed projections into setbacks.
Front 35 ft 10 ft 10 ft 15 ft
Side - Interior (each) 30 ft None None None
Side - Corner 35 ft 10 ft 10 ft 10 ft
Rear 20 ft None None None
Except that a 25-foot wide side and/or rear yard shall be required abutting a residential zone, and where a lot abuts the Interstate 680 right-of-way. Structures shall not intercept the daylight plane required by Section D2-21, except where a lot abuts the Interstate 680 right-of-way.
Accessory structures See Section D4-26 (Accessory Structures) Lot coverage, FAR Maximum percentage of total lot area that may be covered by structures, and maximum nonresidential floor area ratio (FAR).
Lot coverage 25% 40% 40% N.A.
FAR 0.35 0.50 0.50 Maximum 0.70 FAR.
Height limit Maximum allowable height of structures. See Section D3-6 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.
Maximum height 35 ft 35 ft 35 ft
40 ft., and as limited
by Daylight Plane
Requirements (D2-
15.A) and Section D3-
6 (Height Limits and
Exceptions)
Landscaping See D3 Chapter II (Landscape Design Standards)
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30 TABLE 2-10 - CR, CS, MW, AND MC DEVELOPMENT STANDARDS Development
Feature
Requirement by Zone
CR CS MW MC
Parking See D3 Chapter III (Parking and Loading)
Signs See D3 Chapter IV (Signs)
(Ord. No. 522, § 6, 12/12/2023)
D2-21 - Standards for Specific Commercial, Office and Industrial Zones A. Daylight plane requirement – Commercial, and Office and Manufacturing / Warehousing zones.
Where required by the applicable commercial, office or industrial zone, a proposed structure shall not intercept a 30-degree daylight plane inclined inward at the residential zone property line. The 30- degree daylight plane shall be measured from:
1. A height of six to eight feet above existing grade, as required by section D3-4.F, at the R zone property line for a site in a commercial zone; and
2. The 30-degree daylight plane shall be measured from the required height above the existing site grade regardless of the site grade on either side of the property line.
3. A height of 12 feet above existing
grade at the R zone property line for
a site in the MW zone.
Chapter V – Special Purpose Zone
Contents:
D2-22 - Purpose
D2-23 - Purposes of Special Purpose
Zones
D2-24 - Special Purpose Zone Land
Uses and Permit Requirements
D2-25 - Special Purpose Zone General Development Standards D2-26- Special Purpose Zone Land Use Limitations and Additional Standards D2-22 - Purpose
This Chapter lists the land uses that may be allowed within the special purpose zones established by Section D1-7 (Zoning Map and Zones), determines the type of land use permit/approval required for each use, and provides basic standards for site layout and building size.
D2-23 - Purposes of Special Purpose Zones
The purposes of the Special Purpose zones and the manner in which they are applied are as follows.
A. AG (Agriculture) zone. The AG zone is applied to areas of the City appropriate for large-scale agricultural operations and related open-space uses, where non-agricultural uses are limited to those incidental to agricultural operations and to mining activities, and where residential development is permitted only at very low density, compatible with low-intensity agriculture and keeping of livestock.
Building intensity may be up to 0.10 FAR, and residential density is limited to one dwelling unit per 20 acres. The AG zone is consistent with and implements the Open Space land use classification of the General Plan.
Figure 2-3 - Daylight Plane Requirement
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31 B. OS-1 (Open Space) zone. The OS-1 zone is applied to areas of the City with large public or private sites of at least two contiguous acres, to be permanently designated for open-space use to maintain their natural unaltered state. The OS zone is consistent with and implements the Open Space land use classification of the General Plan.
C. OS-2 (Open Space) zone. The OS-2 zone is applied to areas of the City where privately owned land is suitable for passive recreational and limited agricultural purposes, and/or where lands subject to flooding, landslide, or other hazards should remain in open space. Building intensity may be up to 0.10 FAR, and residential density is limited to one dwelling unit per 20 acres. The OS zone is consistent with and implements the Open Space land use classification of the General Plan.
D. P (Parks and Recreation) zone. The P zone is applied to areas of the City with public and private recreation sites and facilities. Building intensity may be up to 0.10 FAR. The P zone is consistent with and implements the Parks land use classification of the General Plan.
E. GC (Golf Course) zone. The GC zone is applied to sites developed and used as golf courses, for the purpose of maintaining each site in golf course use, including closely related and supporting uses as allowed by Table 2-12. The GC zone implements and is consistent with the Golf Course designation of the General Plan.
F. PS (Public and Semi-Public) zone. The PS zone is applied to areas of the City with schools, hospitals and related medical offices, public and private meeting facilities, utilities, and quasi-public uses.
Building intensity may be up to 0.35 FAR. The PS zone is consistent with and implements the Public and Semipublic land use classification of the General Plan.
G. M-1 (Medical Center) zone. The M-1 zone is applied to sites within the City of at least two acres, that are appropriate for clustered medical facilities that include an acute care hospital licensed in compliance with Health and Safety Code Section 1520 et seq., other inpatient medical care facilities, doctor's offices, and related services. Building intensity may be up to 0.35 FAR. The M-1 zone is consistent with and implements the Public and Semipublic land use classification of the General Plan.
H. M-2 (Health Facility) zone. The M-2 zone is applied to sites within the City of at least two acres, that are appropriate for facilities for outpatient medical services, excluding an acute care hospital as defined by the Health and Safety Code. Building intensity may be up to 0.35 FAR. The M-1 zone is consistent with and implements the Public and Semipublic land use classification of the General Plan.
I. PD (Planned Development) zone. The PD zone is applied to large parcels of land in order to reduce or eliminate the rigidity, delays, and conflicts that otherwise would result from application of zoning standards and procedures designed primarily for small parcels, and to:
1. Ensure orderly and thorough planning and review procedures that will result in quality urban design;
2. Encourage variety and avoid monotony in large developments by allowing greater freedom in selecting the means to provide access, light, open space, and amenity;
3. Provide a mechanism whereby the City may authorize desirable developments consistent with the General Plan without inviting speculative rezoning applications, which, if granted, often could deprive other owners of development opportunities without resulting in construction of the proposed facilities;
4. Encourage allocation and improvement of common open space in residential areas, and provide for open space maintenance at the expense of those who will directly benefit from it; and
5. Encourage the assembly of properties that might otherwise be developed in unrelated increments to the detriment of surrounding neighborhoods.
Building intensity may be up to the maximum required by the General Plan land use classification applicable to the site. The PD zone is consistent with and implements all land use classifications of the General Plan.
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32 D2-24 - Special Purpose Zone Land Uses and Permit Requirements A. AG, OS-1, OS-2, P, GC, PS, M-1, and M-2 zones. Tables 2-11 and 2-12 identify the uses of land allowed by this Zoning Ordinance in the Special Purpose zones, and the land use permit required to establish each use, in compliance with Section D2-3 (Allowable Land Uses and Permit Requirements).
Note: Where the last column in the table ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this Zoning Ordinance may also apply.
B. PD zone. Any permitted or conditional use allowed by this Zoning Ordinance may be authorized on a site in the PD zone through the approval of a Planned Development Permit in compliance with Section D6-25 (Planned Development Permits), or a Specific Plan, consistent with the General Plan land use designations applicable to the site. Prior to the approval of a Planned Development Permit or Specific Plan, the use of a site within the PD zone shall be limited to the uses existing as of the date the site was rezoned to apply the PD designation.
TABLE 2-11
Allowed Uses and
Permit Requirements for Special
Purpose Zones
P Permitted Use, Zoning Clearance may be required
prior to operation
MUP Minor Use Permit required
UP Conditional Use Permit required
S Permit requirement set by Specific Use
Regulations
ZC Zoning Clearance required
— Use not allowed
LAND USE (1)
PERMIT REQUIRED BY DISTRICT Specific
Use
Regulations AG OS-1 OS-2 P
AGRICULTURE & OPEN SPACE USES
Agricultural product processing MUP — — —
Animal husbandry UP — UP —
Animal husbandry - Grazing only P MUP MUP —
Crop production, horticulture, orchard, vineyard P — MUP MUP Surface mining UP — — —
INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING
Storage - Personal storage facility (mini-storage) — — — UP D2-26
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Commercial recreation facility - Indoor — — — MUP D4-30 Commercial recreation facility - Outdoor — — — UP D4-30 Equestrian facility P — — UP
Fitness/health facility — — — UP
Golf course — — UP UP
Library, museum, gallery — — — P
Meeting facility, public or private UP — — UP
Park and recreation facilities, public or private — — — UP Sports and active recreation facility — — — UP
RESIDENTIAL USES
Caretaker Quarters MUP — — —
Residential care - 6 or fewer clients P — P —
Single-family dwelling P — MUP —
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33 TABLE 2-11
Allowed Uses and
Permit Requirements for Special
Purpose Zones
P Permitted Use, Zoning Clearance may be required
prior to operation
MUP Minor Use Permit required
UP Conditional Use Permit required
S Permit requirement set by Specific Use
Regulations
ZC Zoning Clearance required
— Use not allowed
LAND USE (1)
PERMIT REQUIRED BY DISTRICT Specific
Use
Regulations AG OS-1 OS-2 P
RETAIL TRADE
Accessory retail and services — — — P
Eating and drinking establishment - Accessory — — — MUP D2-26 Farmer's market, Ongoing — — — MUP
SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL
Office – Accessory — — — MUP
Office –Government — — — UP
SERVICES - GENERAL
Child day care center — — — UP
Lodging - Bed and breakfast inn MUP — — — D4-27
Maintenance and service facility — — — UP
Public safety facility UP — — UP
TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE
Utility facility UP UP UP UP
Utility infrastructure P UP UP P
Wireless telecommunications facility S S S S D4 Chapter IV Notes:
1. See Division D8 for land use definitions
Key to Zoning District Symbols
AG Agriculture P Parks and Recreation
OS-1, 2 Open Space
TABLE 2-12
Allowed Uses and
Permit Requirements for Special
Purpose Zones
P Permitted Use, Zoning Clearance may be required
prior to operation
MUP Minor Use Permit required
UP Conditional Use Permit required
S Permit requirement set by Specific Use
Regulations
ZC Zoning Clearance required
— Use not allowed
LAND USE (1)
PERMIT REQUIRED BY DISTRICT Specific
Use
Regulations GC PS M-1 M-2
INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING
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34 TABLE 2-12
Allowed Uses and
Permit Requirements for Special
Purpose Zones
P Permitted Use, Zoning Clearance may be required
prior to operation
MUP Minor Use Permit required
UP Conditional Use Permit required
S Permit requirement set by Specific Use
Regulations
ZC Zoning Clearance required
— Use not allowed
LAND USE (1)
PERMIT REQUIRED BY DISTRICT Specific
Use
Regulations GC PS M-1 M-2
Media production — UP — —
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Golf course UP UP — —
Library, museum, gallery — MUP — —
Meeting facility, public or private — MUP — —
Park and recreation facilities, public or private — MUP — — Park and recreation facilities, public or private - 2 ac. or less UP MUP — —
School - Public or private — MUP — —
School - Specialized education/training — MUP — —
RESIDENTIAL USES
Caretaker Quarters — MUP — —
Residential care - 7 or more clients — UP — —
RETAIL TRADE
Accessory retail and services UP P P P
Eating and drinking establishment - Accessory — MUP MUP MUP Farmer's market, Ongoing — MUP — —
Pharmacy, medical supplies — — P P
Retail, general — — P(2) P(2)
SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL
Medical services - Clinic, laboratory, urgent care — UP P MUP Medical services - Doctor Office — MUP P P
Medical services - Extended care — UP P P
Medical services - Hospital, acute care — UP P —
Medical services - Hospital, physical rehabilitation — — P P Medical services - Hospital, psychiatric/chemical
dependency — — P P
Office - Accessory UP P — —
Office - Government — UP — —
SERVICES - GENERAL
Adult day care — UP — —
Child day care center — UP UP UP
Lodging - Bed and breakfast inn — — — —
Maintenance and service facility — UP — —
Public safety facility — P P UP
TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE
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35 TABLE 2-12
Allowed Uses and
Permit Requirements for Special
Purpose Zones
P Permitted Use, Zoning Clearance may be required
prior to operation
MUP Minor Use Permit required
UP Conditional Use Permit required
S Permit requirement set by Specific Use
Regulations
ZC Zoning Clearance required
— Use not allowed
LAND USE (1)
PERMIT REQUIRED BY DISTRICT Specific
Use
Regulations GC PS M-1 M-2
Heliport — UP UP UP D4-32
Solid waste transfer station — UP — —
Transportation service dispatch facility — — P MUP(3)
Transit station — UP — —
Utility facility — UP UP UP
Utility infrastructure — P P P
Wireless telecommunications facility S S S S D4 Chapter IV Notes:
1. See Division D8 for land use definitions.
2. Limited to ground floor of hospital or medical office building, with no establishment exceeding 1,000 square feet.
3. Minor Use Permit required if located within 1,000 feet of an R zone or site occupied by a school or park. Conditions may limit vehicle speed and/or the use of sirens.
Key to Zoning District Symbols
GC Golf Course M-1 Medical Center
PS Public and Semipublic M-2 Health Facility
D2-25 - Special Purpose Zone General Development Standards A. AG, OS-1, OS-2, P, and PS zones. Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements specified by the Use Permit required for the project by Tables 2-11 and 2-12; except that if the Use Permit does not regulate a development feature that is regulated by an abutting primary zone, or if a Use Permit is not required, the regulations of the abutting primary zone shall apply to each adjacent portion of an AG, OS-1, OS-2, P, or PS zone, as applicable. The applicable development standards (e.g., landscaping, parking and loading, etc.) in Division D3 of this Zoning Ordinance shall also apply to proposed development and new land uses in the AG, OS-1, OS-2, P, or PS zones.
B. GC zone development standards. Subdivisions, new land uses and structures, and alterations to existing land uses and structures shall be designed, constructed, and/or established in compliance with the requirements specified by the Use Permit required for the project by Table 2-12, except as identified in Subsections B.1 and B.2, below. The applicable development standards (e.g., landscaping, parking, signs, etc.) in Division D3 of this Zoning Ordinance shall also apply to development and new land uses proposed in the GC zone.
1. Height limit. No structure shall exceed a height of one story or 24 feet.
2. Floor area ratio. The maximum allowable floor area ratio (FAR) for all structures on the project site shall not exceed 0.10.
C. PD zone development standards.
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36 1. Minimum site area. The minimum net area of a PD zone shall be 10 acres, provided that a PD zone may be subdivided in compliance with an approved Planned Development Permit or Specific Plan.
A site that does not meet the minimum acreage or lot width requirement may be developed, provided that the development proposal includes adjoining parcels which collectively meet the minimum development standards. It is not necessary for the collective properties to be under the same control and/or ownership. The review authority may reduce the 10 acre requirement where it determines that the proposed project will provide substantial public benefit.
2. Residential density. Except where a density bonus is granted in compliance with the City's density bonus regulations, the total number of dwelling units in a PD zone shall not exceed the maximum number permitted by the General Plan density for the total area of parcels designated for residential use and for open space excluding area devoted to public and private streets, areas with a slope of 20 percent or more, areas with a maximum elevation of 40 feet and areas with a minimum contiguous area of three acres.
3. Other development regulations. Other development regulations shall be as prescribed by the PD Plan, provided that the minimum setback requirements for front, corner-side, side and rear yards may not be reduced by more than 20 percent from those of the base zone that would otherwise apply.
4. Mixed use component. Each PD development proposal shall consider a mixed use development strategy. This strategy should include a horizontal and/or vertical integration of project types (i.e., residential adjacent to commercial/office or residential above commercial). If this approach is determined to be infeasible by the applicant it shall be the obligation of the applicant to substantiate this before the Commission.
D. M-1 and M-2 zone development standards. Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-13, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Division D3 of this Zoning Ordinance.
TABLE 2-13 - M-1 AND M-2 DEVELOPMENT STANDARDS
Development Feature Requirement by Zone
M-1 M-2
Minimum lot size Minimum area and width for parcels proposed in new subdivisions.
Area (net) 10 acres 2 acres
Width 650 ft 150 ft
Depth Determined through subdivision process.
Setbacks Minimum setbacks required. See Section D3-10 for exceptions, and allowed projections into setbacks.
Front 35 ft 20 ft
Side - Interior (each) 30 ft 15 ft
Side - Corner 35 ft 20 ft
Rear 20 ft 15 ft
Accessory structures See Section D4-26 (Accessory Structures) Lot coverage, FAR Maximum percentage of total lot area that may be covered by structures, and maximum floor area ratio (FAR).
Lot coverage 30% N.A.
FAR 0.35 0.35
Height limit Maximum allowable height of structures. See Section D3-6 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.
Maximum height 40 ft 35 ft
Landscaping See D3 Chapter II (Landscape Design Standards)
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37 TABLE 2-13 - M-1 AND M-2 DEVELOPMENT STANDARDS
Development Feature Requirement by Zone
M-1 M-2
Parking See D3 Chapter III (Parking and Loading)
Signs See D3 Chapter IV (Signs)
D2-26- Special Purpose Zone Land Use Limitations and Additional Standards A. Self-storage - P zone requirements - Self-storage. Self-storage facilities are limited to appropriate portions of the Southern Pacific right-of-way in the P zone which feasibly combine adequate public access and visual compatibility with surrounding land uses, and the Iron Horse Trail. The review authority may impose conditions of approval including screening and buffering, landscaping, lighting, and security to ensure compatibility with surrounding land uses.
B. Eating and drinking establishment - M-1, M-2, P and PS zone requirements. An eating and drinking establishment is permitted as an accessory use in a cultural, park, commercial recreation and entertainment facility or medical institution, occupying no more than 10,000 square feet on any individual site in the P zone and 5,000 square feet in the PS zone, if there is no separate entrance or sign along a street frontage. An additional 10,000 square feet of space may be allowed for banquet rooms and conference facilities in the P zone with Use Permit approval.
Chapter VI – Overlay Zones
Contents:
D2-27 - Purpose
D2-28 - Applicability of Overlay Zones
D2-29 - Height Limit (-H) Overlay Zone
D2-30 - Interim Study (-IS) Overlay Zone
D2-31 - Landmark (-L) Overlay Zone
D2-32- Reserved
D2-33 - Senior Housing (SH) Overlay Zone
D2-27 - Purpose
This Chapter regulates new and existing structures and land uses in the overlay zones established by Section D1-7 (Zoning Map and Zones). The provisions of this Chapter provide guidance for development in addition to the standards and regulations of the primary zones, where important site, environmental, safety, compatibility, or design issues require particular attention in project planning.
D2-28 - Applicability of Overlay Zones
The provisions of this Chapter apply to proposed land uses and development in addition to all other applicable requirements of this Zoning Code. Any perceived conflict between the provisions of this Chapter and any other provision of this Zoning Ordinance shall be resolved in compliance with Section D1- 5 (Rules of Interpretation).
A. Mapping of overlay zones. The applicability of any overlay zone to a specific site is shown by the overlay zone Zoning Map symbol established by Section D1-7 (Zoning Map and Zones), being appended as a suffix to the symbol for the primary zone on the Zoning Map.
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38 B. Application of overlay zones to property. The overlay zones are applied to property through the rezoning process in compliance with Chapter D7-III (Amendments), subject to any specific rezoning requirements of the applicable overlay zone. The rezoning of property to apply an overlay zone may be initiated by either the City or the property owner, except where initiation is otherwise restricted by this Chapter for a specific overlay zone.
C. Allowed land uses, permit requirements, development standards. Except as may be otherwise provided by this Chapter for a specific overlay zone:
1. Any land use normally allowed in the primary zone by this Chapter may be allowed within an overlay zone, subject to any additional requirements of the overlay zone;
2. Development and new land uses within an overlay zone shall obtain the land use permits required by this Chapter for the primary zone; and
3. Development and new land uses within an overlay zone shall comply with all applicable development standards of the primary zone, except as modified by this Chapter.
D2-29 - Height Limit (-H) Overlay Zone
A. Purpose. The Height Limit (-H) overlay zone is intended to control the location of structures which exceed the height limits of a primary zone, and to ensure that the appearance and effects of commercial and office buildings are harmonious with the character of their surroundings, and to minimize the impact of commercial and office development on adjacent Residential Zones.
B. Applicability. The -H overlay zone shall be applied to each parcel in the OA zone that has an existing and/or approved but unbuilt structure that exceeds 55 feet in height, and to each parcel in a commercial zone with an existing and/or approved structure that exceeds 50 feet in height as of the effective date of the ordinance establishing this overlay zone.
C. Development regulations. Proposed development and new land uses within the -H overlay shall comply with the development regulations of the applicable primary zone, except as follows.
1. A major department store within a retail center of a regional context providing a minimum 400,000 gross square feet of retail shall be allowed a maximum height of up to 70 feet.
2. An office building may be allowed a maximum height of up to 75 feet provided that building architecture incorporates a varying roof plane to add variation in the structures' appearance.
3. An existing structure with a height in excess of 55 feet, shall not be permitted to increase its height except through the approval of a Variance in compliance with Section D6-29.
4. Each approved but unbuilt structure with an entitlement and/or development agreement to build at a height over 55 feet, shall be built only to the maximum height permitted by the conditions of approval of its entitlement and/or development agreement.
D2-30 - Interim Study (-IS) Overlay Zone
A. Purpose. The Interim Study (-IS) overlay zone is intended to allow discretionary review of development proposals in areas where changes in the General Plan or zoning regulations are contemplated or under study.
B. Applicability. The -IS overlay may be combined with any primary zone established by Section D1-7 (Zoning Map and Zones).
C. Application to property.
1. Prior to approving an amendment reclassifying land to an -IS zone, the Commission and Councilshall approve a study plan that identifies regulatory problems and identifies the land use and development issues to be resolved for the area proposed for rezoning to the -IS overlay zone.
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39 2. An ordinance applying the -IS overlay shall contain a provision terminating the -IS designation two years from its effective date. An ordinance establishing an -IS zone may be amended, reenacted, or superseded by a zoning map amendment adopted in compliance with Chapter D7-III (Amendments).
D. Permit requirements. Use Permit approvalshall be required for establishment of any new or expanded use allowed in the primary zone. A Use Permit application that has been denied, or approved subject to conditions unacceptable to the applicant, may be resubmitted on or after the effective date of a zoning map and/or text amendment that supersedes an -IS overlay zone designation.
E. Required findings. In addition to the findings required for Use Permit approval by Section D6-28 (Use Permits and Minor Use Permits), and any additional findings that may be required by the study plan required by Subsection C. for a specific use type, Use Permit approval shall require a finding that the proposed use will not conflict with the land use and development policies established for the area at the time the -IS zone was adopted.
F. Development regulations. Proposed development and new land uses shall comply with the development regulations of the primary zone in addition to any requirements imposed through Use Permit conditions of approval.
D2-31 - Landmark (-L) Overlay Zone
A. Purpose. The Landmark (-L) overlay zone is intended to implement the General Plan by:
1. Preventing the demolition, destruction, alteration, misuse, or neglect of historic or architecturally significant buildings that form an important link to San Ramon's past.
2. Promote the conservation, preservation, protection, and enhancement of each landmark district.
3. Stimulate the economic health and visual quality of the community and stabilize and enhance the value of property.
4. Encourage development tailored to the character and significance of each landmark district through a Conservation Plan that includes goals, objectives, and design guidelines and development criteria.
5. Provide a mechanism to resolve conflicts in an orderly fashion between goals of landmark preservation and alternative land uses.
B. Applicability.
1. Primary zones. The -L overlay zone may be combined with any zone established by Section D1-7 (Zoning Map and Zones).
2. Exempt projects. The requirements of this Section shall not apply to a project initiated prior to the effective date of an ordinance establishing an -L overlay zone or designating a landmark. a. The project shall be considered a nonconforming use, subject to Chapter D7-I (Nonconforming Uses, Structures, and Parcels).
b. For the purposes of this Subsection, a project shall be deemed initiated if an application, plans, and materials for concept or development plan review have been filed and accepted as complete.
C. Definitions. Definitions of technical terms and phrases used in this Section may be found in Division D8 (Glossary) under "Landmark."
D. Procedure for designating property. An area of the community, a site, and/or a structure may be designated with the -L overlay zone in compliance with the following requirements.
1. Eligibility for designation. An area within the City may be designated with the -L overlay as a landmark district, and/or a site or individual structure may be designated with the -L overlay as a landmark, if one or more of the following criteria are met, as rigorously applied and supported by findings of historical or architectural significance.
a. The area possesses character, interest, or value as part of the heritage of the City;
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40 b. The area is the location of a significant historical event; c. The area is identified with a person or group that contributed significantly to the culture and development of the City;
d. Structures within the area exemplify a particular architectural style or way of life important to the City, or are the best remaining examples of an architectural style in a neighborhood; e. The area or its structures are identified as the work of a person or group whose work has influenced the heritage of the City, the state or the United States; and/or f. The area has potential for yielding information of archaeological interest.
Portions of an area within the City that do not meet the above criteria may be included within an - L overlay zone if inclusion is found to be essential to the integrity of the district.
2. Landmark conservation plan required. Prior to filing an application for rezoning to apply the -L overlay, the applicant shall prepare a Landmark District Conservation Plan with the assistance of the Department. Each Landmark Conservation Plan shall contain:
a. A map and description of the proposed district, including boundaries; the age, setting, and character of structures; urban design elements and streetscapes; major public improvements; and proposed objectives to be achieved;
b. A statement of the architectural or historical significance of the proposed district; c. A list of specific alterations that should be subject to Architectural Review in order to protect the architectural or historical character of the proposed district; d. A set of specific development guidelines for new construction and alterations necessary to preserve the character of the proposed district; and
e. Proposed rules and regulations for Architectural Review.
3. Application requirements.
a. Eligibility for filing. An application for rezoning to apply an -L overlay zone or landmark designation may be initiated by the Commission, Council, or the property owner. b. Application contents. The application shall include a proposed Landmark Conservation Plan for the district in compliance with Subsection D.2, and the following information:
1. A map showing the location of the building or structure and building plans or photographs of the building exterior;
2. A statement of the architectural or historical significance of the proposed building and description of the particular features that should be preserved; and
3. The consent of the owner or authorized agent to the proposed designation. For purposes of this Section, each condominium owners' association shall be deemed the property owner of common areas.
Prior to accepting the application as complete, the Zoning Administrator may request additional information, plans or materials deemed necessary to support the application.
4. Review and approval.
a. Preliminary review, neighborhood workshop. The Commission shall consider the proposed designation and make a preliminary determination based on any documentation that the Commission may require.
1. If the Commission determines that the process of designating the property should proceed, it shall conduct a neighborhood workshop in the proposed district to explain the proposal and the amendment process to neighborhood residents.
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41 2. Notice of the workshop shall be given in compliance with Chapter D7-IV (Public Hearings).
After the workshop, the Commission shall decide whether to proceed with the -L designation. b. Public hearing. If the Commission determines that an -L designation may be appropriate and complies with the criteria in Subsection D.1, the proposed district shall be the subject of public hearings before the Commission and the Council. The hearings shall be set, noticed, and conducted in compliance with Chapter D7-IV.
In addition to the information required in a public hearing notice by Chapter D7-IV, notice of a public hearing to establish an -L district or designation of a landmark shall include a statement that original petitioners have the right to withdraw their support of the district at any time prior to the hearing, and that property owners who have not signed the petition have the right to do so prior to the date of the hearing.
c. Required findings. In addition to the findings for the approval of a rezoning by Chapter D7-III (Amendments), a rezoning to apply the -L designation shall require that the Commission and Council shall also first find that the proposed district or historical site has a significant architectural or historical character that can be preserved and enhanced through appropriate controls on new development and alterations to existing buildings and landscaping. d. Adoption of Landmark Conservation Plan. An ordinance establishing an -L district shall include a Landmark District Conservation Plan, in the form submitted or as revised by the Commission or Council.
1. The development guidelines included within the plan may modify the land use and development regulations of the primary zone, but shall not significantly alter the regulations.
2. A guideline shall be found to be a significant alteration of primary zone regulations if it substantially prevents property from being used in compliance with the provisions of the primary zone, or creates a substantial number of nonconforming uses or structures. e. Amendment of Landmark Conservation Plan. An adopted Landmark Conservation Plan shall be amended only in compliance with Chapter D7-III (Amendments).
E. Land use and development regulations. Proposed development and new land uses within an -L overlay zone shall comply with all applicable requirements of the primary zone, except:
1. Where modified by another overlay zone;
2. Where the Commission grants an exception to the land use regulations of the primary zone through Use Permit approval, where the Commission first determines that the exception is necessary to permit the preservation or restoration of a historic or architecturally significant building, structure or site; or
3. In the event of a conflict between the requirements of the primary zone or another overlay zone and the -L zone Landmark Conservation Plan, the requirements of the -L zone Landmark Conservation Plan shall control.
F. Demolition and Design Review procedures.
1. Review authority. Except as modified by an adopted Landmark Conservation Plan, Design Review in an -L zone, or of a proposed alteration, enlargement or demolition of a designated historical site shall be conducted in compliance with Chapter D6-II (Permit Review and Decisions), provided that Design Review shall be the responsibility of the Commission.
2. Permit issuance. Commission approval shall be required in compliance with this Subsection prior to the issuance by the Chief Building Inspector of a permit for the construction, alteration, enlargement, or demolition of a building or structure located in an -L zone, or of a designated historical site.
3. Design Review criteria.
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42 a. In addition to the requirements for Architectural Review in Chapter D6-II the Commission shall consider the proposed demolition, new construction, or alteration in the context of the adopted Landmark Conservation Plan and the architectural or historical value and significance of the site and structure in relation to the Overlay Zone.
b. Commission considerations shall include the visual relationship of proposed architectural design elements to the surrounding area, including scale, height, rhythm of spacing, pattern of windows and doorways, building siting and relationship to landscaping, roof pitch, architectural style, and structural details, materials, colors, and textures.
4. Demolition requirements. If, after review of demolition permit application, the Commission determines that the structure has historical, architectural or cultural interest or value, the Commission may withhold approval for demolition for 180 calendar days from the date of Commission action, or until environmental review is completed, whichever occurs later. a. During the 180 days, the Commission may direct the Department to consult with recognized historic preservation organizations and other civic groups, public agencies and interested citizens, make recommendations for acquisition of property by public or private bodies or agencies, explore the possibility of moving one or more structures or other features, and take any other reasonable measures.
b. At the end of the 180 days, the demolition permit shall be issued if environmental review determines there will not be a significant impact on the environment and all requirements of the zoning ordinance are met or, if there may be substantial environmental damages, that specific economic, social or other considerations make infeasible the mitigation measures or alternatives identified during environmental review.
If, after review of the request for a demolition permit, the Commission determines that the building or structure has no substantial historical, architectural, or cultural interest or value, a Building Permit for demolition may be issued.
5. New construction and alteration requirements. The Commission shall not grant Architectural Review approval for new construction or alterations unless it finds that the proposed new construction or alteration will be compatible with, and help achieve the purposes of the -L zone.
6. Landscape material requirements. Director approval shall be required for the removal or alteration of landscape materials identified as significant resources by a Landmark District Conservation Plan.
Removal or alteration of the landscape materials shall require a finding that the proposed removal or alteration will not affect the character of the -L zone, or that the safety or persons or property requires the removal or alteration. This Subsection does not restrict the routine maintenance of landscape materials.
7. Effective date. A decision of the Commission in compliance with this Section shall become effective on the 10th day after the date of the decision, unless appealed in compliance with Chapter D7-II (Appeals and Calls for Review).
G. Maintenance of structures and sites. Each owner of property within an -L Overlay Zone, and owner of a designated landmark, shall maintain all their structures and premises within the -L overlay in good repair at all times. Structures and premises in good repair shall present no material variance in apparent condition from surrounding structures in compliance with this Section. Good repair includes and is defined as the level of maintenance that ensures the continued availability of the structure and site for a lawfully permitted use, and prevents deterioration, dilapidation, and decay of the exterior portions of the structure and premises.
D2-32- Reserved
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43 D2-33 - Senior Housing (SH) Overlay Zone
A. Purpose. The Senior Housing (-SH) overlay zone is intended to encourage the production of housing which meets the special needs of senior citizens, and provide standards to ensure that senior citizen housing will be compatible with existing neighborhood character, and will provide appropriate guidance for achieving densities above General Plan levels. A Senior Housing Development in the -SH overlay zone must include a minimum of 35 dwelling units that are developed for, or substantially rehabilitated or renovated for senior citizens.
B. Applicability. The -SH Overlay Zone may be combined with any residential or mixed-use primary zone established by Section D1-7 (Zoning Map and Zones).
C. Definitions. Definitions of technical terms and phrases used in this Section may be found in Division D8 (Glossary) under "Senior Housing."
D. Occupancy restrictions. Residents within a -SH zone shall be age 55 years or older, and/or a qualifying resident along with a senior citizen 55 years of age or older or a guest of a senior citizen or qualifying resident on a temporary basis, in compliance with Civil Code Section 51.3. (Ord. No. 496, § 2, 01/28/2020)
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1 Division D3 Site Planning and Project Design Standards Contents:
Chapter I - General Property Development Standards
Chapter II - Landscape Design Standards
Chapter III - Parking and Loading
Chapter IV – Signs
Chapter V – Portable Outdoor Storage Units
Chapter I - General Property Development Standards
Contents:
D3-1 - Purpose
D3-2 - Applicability
D3-3 - Development on Substandard Parcel
D3-4 - Fences, Walls, and Screening
D3-5- Hazardous Materials Storage
D3-6 - Height Limits and Exceptions
D3-7 - Outdoor Lighting
D3-8 - Performance Standards
D3-9 - Relocated Structures
D3-10 - Setback Requirements and Exceptions
D3-11 - Solid Waste/Recyclable Materials Storage
D3-12 - Underground Utilities
D3-13 - Utility and Public Service Requirements
D3-1 - Purpose
This Chapter expands upon the standards established by Division D2 (Allowable Land Uses and Zone Standards) for each zone, by addressing additional details of site planning, project design, and the operation of land uses. These standards are intended to ensure that proposed development is compatible with existing and future development on neighboring properties, and produces an environment of stable and desirable character, consistent with the General Plan and any applicable specific plan.
D3-2 - Applicability
The requirements of this Chapter shall apply to all proposed development and new land uses, except as specified in Chapter D7-I (Nonconforming Uses, Structures, and Parcels). The requirements of this Chapter shall be considered along with the standards for the applicable zone in Division D2 (Allowable Land Uses and Zone Standards) and those in Divisions D4 (Standards for Specific Land Uses) and D5 (Resource Management).
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2 D3-3 - Development on Substandard Parcel
A. Minimum area and width required. A legally created parcel with an area or width less than required for the applicable zone by Division D2 (Allowable Land Uses and Zone Standards) may be occupied by a permitted or conditional use if the parcel has an area of at least 2,500 square feet and a width of at least 25 feet, and if on the effective date of the regulations that made the parcel substandard, the parcel was in single ownership, separate from any abutting parcel.
B. One dwelling unit may be allowed. One dwelling unit may be located on a substandard residentially zoned parcel that meets the requirements of this Section, but only if constructed in compliance with the City adopted Uniform Building Code.
C. Setback and density requirements. A substandard parcel shall comply with the same setback and density requirements in Division D2 (Allowable Land Uses and Zone Standards) as a standard parcel.
D. No further reductions allowed. A substandard parcel shall not be further reduced in area or width.
D3-4 - Fences, Walls, and Screening
A. Applicability. The requirements of this Section apply to all fences and walls unless otherwise stated.
1. Fences or wall in flood hazard area. A fence or wall in an area subject to flooding identified on a Federal Flood Insurance Rate Map (FIRM) on file in the Engineering Services, Public Works Department shall require a Building Permit.
2. Exemptions. These regulations do not apply to fences or walls required by a State or Federal agency, or by the City for public safety.
B. Height limits.
1. General height limit. Each fence and/or wall shall comply with the height limits shown in Table 3-1 for Residential zoned properties or Table 3-2 for Non-Residential zoned properties. Fencing between different land uses shall be provided in compliance with Subsection F. (Screening), below.
TABLE 3-1
HEIGHT OF RESIDENTIAL FENCES AND WALLS
Location Maximum Height
Along a front property line and/or within a required front setback 3 ft Alongside or rear property lines and/or within required setbacks 7 ft. (6 ft. solid with 1 ft. lattice) 1
6 ft. (with architectural feature), see Subsection B.3
below.
Outside of required side or rear setbacks See Accessory Structures, D4-26 Note:
Fence height - No permit required. The Zoning Administrator may allow the height of a fence along a side or rear property line and/or within a side or rear setback to be a maximum of seven feet without a Minor Use Permit if the top one foot is constructed of open lattice subject to the approval of the Zoning Administrator; provided that the fence complies with all other applicable requirements of this Section, including the fence material limitations in Subsection E. (Prohibited materials). Open lattice shall be 50% or more air-penetrable and constructed of like material to the fence. See Figure 3-2.
TABLE 3-2
HEIGHT OF NON-RESIDENTIAL FENCES AND WALLS
Location Maximum Height
Along a front property line and/or within a required front setback 3 ft Alongside or rear property lines and/or within required setbacks 8 ft. (8 ft. solid) Outside of required side or rear setbacks See Accessory Structures, D4-26
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3 Figure 3-1 - Fence Height
Figure 3-2 – Additional Height
2. Increased fence or wall height - Permit required. The maximum fence or wall height allowed by Table 3-1 or Table 3-2 may be increased with Minor Exception or Variance approval, subject to the required findings in D6-24 (Minor Exceptions) or D6-29 (Variances) and the following requirements. a. Each fence or wall shall comply with the traffic safety visibility area requirements in Section D3-
6.F., below.
b. The Zoning Administrator may require conditions of approval to address aesthetic issues and concerns.
3. Architectural Feature. An architectural feature may be constructed a maximum of 2 ft. above a 6 ft. high fence. The architectural feature may project a maximum 18 inches from the posts, but shall not extend beyond a property line. See Figure 3-3 and Figure 3-4.
Figure 3-3 – Architectural Feature
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4 Figure 3-4 – Architectural Feature Projection
C. Measurement of fence and wall height.
1. Fence height shall be measured as the vertical distance between the finished grade at the base of the fence and the top edge of the fence material. Grade may not be modified in order to increase fence height.
2. The height of fencing atop a wall shall be measured from the base of the wall and measured from the side with the lowest natural grade and shall not exceed the maximum height required by this section. See Figure 3-1
3. Where the elevation of the finished grade within six feet of the base of the fence differs from one side of the fence to the other (as when a fence is placed at the top of a slope or on a retaining wall), the height shall be measured from the side with the lowest natural grade. In order to maximize the height of the wall and fence, the fence will need to be offset from the wall. See Figure 3-1.
D. Specific fence and wall requirements.
1. Fencing between different land uses. Fencing between different land uses shall be provided in compliance with Subsection F. (Screening), below.
2. Outdoor equipment, storage, and work areas. Nonresidential outdoor uses and equipment adjacent to a residential use shall be screened in compliance with Subsection F. (Screening), below.
3. Retaining walls. An embankment to
be retained that is over 48 inches in
height shall be benched so that no
individual retaining wall exceeds a
height of 48 inches above finished
grade, and each bench has a
minimum depth of 24 inches. See
Figure 3-5.
4. Swimming pools, spas, and similar
features. Swimming pools/spas and
other similar water features shall be
fenced in compliance with City
adopted Uniform Building Code
(UBC) requirements, regardless of
the other requirements of this Section.
5. Temporary fencing. Temporary fencing may be required by a Zoning Administrator where necessary to protect archaeological or historic resources, trees, or other similar sensitive features, and the general public from construction activities during site preparation and construction.
E. Prohibited materials. The following fence materials are prohibited in all zones unless approved by the Zoning Administrator for animal control, special security needs, or required by a City, State, or Federal law or regulation. Note: open wire fencing is permitted on property abutting open space.
Figure 3-5 - Retaining Wall Design
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5 1. Barbed wire, or electrified fence;
2. Razor or concertina wire in conjunction with a fence or wall, or by itself; and
3. Chain link fencing within a front or street side yard.
F. Screening. This Subsection establishes screening standards between different land uses for mechanical equipment, loading docks, refuse areas, and outdoor storage areas.
1. Screening between different land uses. A commercial or industrial land use proposed on a site abutting to a residential zone shall provide screening at the parcel boundary as follows. The Zoning Administrator may also require other nonresidential uses adjacent to a residential use to comply with these requirements.
a. The screen shall consist of plant materials and a solid, decorative wall of masonry or similar durable material, a minimum of six feet in height.
b. The screen shall consist of plant materials and a solid, decorative wall of masonry or similar durable material, a minimum of six feet in height.
c.b. The maximum height of the wall shall comply with the provisions of Subsection B. (Height limits), above.
d.c. The decorative wall shall be architecturally treated on both sides, subject to Zoning Administrator approval.
e.d. A landscaping strip with a minimum width of five feet shall be installed adjacent to a screening wall, except that 10 feet of landscaping shall be provided between a parking lot and a screening wall, in compliance with Section D3-19 (Landscape Location Requirements). f.e. The Zoning Administrator may waive, or approve a substitute for the requirements of this Subsection F.1, if the Zoning Administrator first determines that:
1. The relationship of the proposed uses makes screening unnecessary;
2. The intent of this Section can be successfully met by alternative screening methods;
3. Physical characteristics and/or constraints on the site make the required screening infeasible or unnecessary.
2. Mechanical equipment. Mechanical equipment shall be screened as follows. Telecommunications equipment and antennas shall be screened in compliance with Chapter D4-IV (Wireless Telecommunications Facilities).
a. Screening required.
1. Except as provided in following Subparagraph (3), all exterior mechanical equipment shall be screened from view on all sides.
2. Equipment to be screened shall include air conditioning, ductwork, heating, plumbing lines, refrigeration equipment, and transformers.
3. Screening of the top of the equipment may be required by the Zoning Administrator, if necessary to protect views from a neighboring residential zone. b. Roof-mounted equipment. Roof-mounted mechanical equipment (e.g., air conditioning, ductwork, heating, plumbing lines, etc.) shall be screened in compliance with Subsection F.2.a, above.
c. Utility meters. Utility meters shall be:
1. Enclosed within subsurface vaults when located within a required front setback or in a street side setback; and
2. Screened from view from public rights-of-way, but need not be screened on top or when located within the interior side setback of a single-family dwelling.
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6 d. Screening specifications.
1. Screening materials may be solid concrete, wood, or other opaque material and shall effectively screen the mechanical equipment so that it is not visible from a street or adjoining parcel subject to the determination of the Zoning Administrator.
2. The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials, and architectural style.
3. Loading docks and refuse areas. Loading docks and refuse storage areas shall be screened from public view from adjoining public streets and rights-of-way and adjoining areas zoned for residential uses. The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials, and architectural style. Refuse storage areas shall comply with all applicable requirements of Section D3-11 (Solid Waste/Recyclable Materials Storage).
4. Screening for other activities and land uses. Screening shall also be provided in compliance with applicable standards in Division D3, Chapter III (Parking and Loading), and Division D4 (Standards for Specific Land Uses), as applicable.
D3-5- Hazardous Materials Storage
A. Purpose. The requirements of this Section are intended to ensure that the use, handling, storage, and transport of hazardous substances comply with all applicable requirements of the California Health and Safety Code, and that the City is notified of emergency response plans, unauthorized releases of hazardous substances, and any substantial changes in facilities or operations that could affect the public health, safety, or welfare. It is not the intent of this Section to impose additional restrictions on the management of hazardous wastes.
B. Definitions. For purposes of this Section, "hazardous substances" shall include all substances on the comprehensive master list of hazardous substances compiled and maintained by the California Department of Health Services in compliance with State law (Health and Safety Code Section 25282).
C. Permit requirement. Use Permit approval shall be required for any new commercial, industrial, or institutional use or accessory use, or major addition or alternative to an existing use that involves the handling, manufacture, processing, or storage of hazardous substances in sufficient quantities that would require permits as hazardous chemicals under the Uniform Fire Code adopted by the City, with the following exceptions:
1. Underground storage of bulk flammable and combustible liquids is allowed in compliance with Subsection E. (Underground storage tanks), below; and
2. Hazardous substances in container sizes of 10 gallons or less that are stored or maintained for the purposes of retail or wholesale sales are exempt from these regulations.
D. Hazardous Materials Release Response Plan required.
1. Each business within the City that is required by Health and Safety Code Chapter 6.95 to prepare a Hazardous Materials Release Response Plan shall submit the plan, including any corrected or revised plans, to the Zoning Administrator at the same time the plan is submitted to the public agency responsible for administering these provisions.
2. The submittal of the Hazardous Materials Release Response Plan shall be a condition of approval of a zoning permit for the following:
a. New development where space may be occupied by a business; and b. Any alteration or addition to an existing structure occupied by a business that is subject to Health and Safety Code Chapter 6.95.
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7 E. Underground storage tanks. The underground storage of hazardous substances shall comply with all applicable requirements of State law (Health and Safety Code Chapter 6.7) and Section 79.113(a) of the Uniform Fire Code.
1. Any business located in the City that uses underground storage tanks shall:
a. Notify the Fire Chief of any unauthorized release of hazardous substances within 24 hours after the release has been detected and the steps taken to control the release; and b. Notify the Fire Chief and the Zoning Administrator of any proposed abandoning, ceasing operation, or closing of any underground storage tank and the actions to be taken to dispose of any hazardous substances.
2. These notification requirements shall apply to the following:
a. New development that involves the installation of an underground tank; and b. Any alteration or addition to an existing structure on a site where an underground storage tank exists.
F. Above-ground storage tanks prohibited. Above-ground storage tanks containing hazardous substances are prohibited within the City.
G. Appeals. A decision of the Zoning Administrator may be appealed to the Planning Commission in compliance with D7 Chapter II (Appeals and Calls for Review).
D3-6 - Height Limits and Exceptions
A. Purpose. This Section describes the required methods for measuring the height of structures in compliance with the height limits established by this Zoning Ordinance, and exceptions to those height limits.
B. Maximum height outside the City Center project. Notwithstanding anything to the contrary in this Code, no building outside the area identified on the Assessment Roll as APN 213-133-063, APN 213- 133-086, APN 213-120-010, APN 213-120-013, APN 213-120-017 and APN 213-120-018 and as shown on the Vesting Tentative Map for Subdivision 9217 (San Ramon City Center Project), approved by the City Council on December 11, 2007, shall be permitted to exceed the greater of five (5) stories or eightyfive feet (85’) in height, including mechanical, unless approved by the electors of San Ramon.
C. Maximum height of structures. No structure shall exceed the height limit established for the applicable zone by Division D2 (Allowable Land Uses and Zone Standards), except as otherwise provided by this Section, or by Division D4 (Standards for Specific Land Uses).
D. Height measurement. The maximum allowable height shall be measured as the vertical distance from the average point of the plane connecting the highest and lowest points where the exterior walls touch the natural grade of the site to the midpoint of a pitched roof, or to the highest point on a flat roof.
See Figure 3-6. The location of natural grade shall be determined by the Zoning Administrator, and shall not be artificially raised to gain additional structure height.
Figure 3-6 – Height Limits
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8 E. Exceptions to height limits. The following structures and structural features may exceed the height limits of this Zoning Ordinance as noted:
1. Architectural features.
a. A chimney, cupola, mechanical equipment, monument, or vent may exceed the height limits by a maximum of three feet.
b. An elevator penthouse, spire, theater scenery loft, tower, or roof-mounted water tank may exceed the height limits by eight feet.
2. Telecommunications facilities. The height of communications facilities, including antennas, poles, towers, and necessary mechanical appurtenances shall comply with Chapter D4-IV (Wireless Telecommunications Facilities).
F. Height limit at street corners and driveways. Proposed and existing development adjacent to a public or private street or alley intersection, or the intersection of a driveway with a street shall be designed to provide a traffic safety visibility area for pedestrian and traffic safety. See Figures 3-7 and 3-8.
1. Measurement of visibility area. A traffic safety visibility area is a triangle measured as follows, and may include private property and/or public right-of-way. a. Street intersections. The visibility area shall be defined by measuring 25 feet from the intersection of the front and street side right-of-way lines (e.g., edge of pavement or curb), and connecting the lines across the property.
b. Driveways. The visibility area shall
be defined by measuring 15 feet
along the driveway from the
intersection of the driveway with
the face of curb, and 15 feet along
the street line at the face of curb,
away from the driveway, and
connecting the lines across the
intervening property. The 15 foot
dimension shall follow the contour
of the face of curb along curves and
cul-de-sacs.
2. Height limit.
a. No structure, sign, or landscape element shall exceed 30 inches in height within the traffic safety visibility area, unless approved by the Engineering Services Director. b. This limitation shall not apply to
existing public utility poles, traffic
signs and signals, trees with their
canopy trimmed to a minimum of
seven feet above grade, or corners
where the contour of the land itself
prevents visibility.
G. Height limit for accessory structures.
1. Measured as the vertical distance from
average point of the plane connecting
the highest and lowest points where
the exterior walls touch the natural
grade of the site to the midpoint of a pitched roof, or to the highest point on a flat roof. See Figure 3-9.
Figure 3-8 – Required Traffic Safety Visibility Area for Driveways
Figure 3-7 – Required Traffic Safety
Visibility Area for Street Intersections
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9 Figure 3-9 – Accessory Structure Height Limit
2. Height limit does not include architectural features such as chimneys.
3. Height of decks is measured as the vertical distance from the average point of the plane connecting the highest and lowest points where the exterior walls/posts touch the natural grade of the site to the top of the flooring material (i.e. not railing) See Figure 3-10.
Figure 3-10 – Deck Height Limit
D3-7 - Outdoor Lighting
A. Applicability. The requirements of this Section apply in all zones except where noted otherwise.
B. Conformance with security measures. The outdoor lighting for the project shall conform to the security measures identified in Municipal Code TITLE C, Division 12, Chapter X (Building Security), and any other security measures required by the Chief Building Official and the Chief of Police. These measures shall include lighting within parking areas and the structures’ perimeter.
C. Comprehensive lighting plan required. A comprehensive lighting plan for the project shall be submitted to the Planning Department for approval with the project application.
D. Illumination of entrance areas. All lighting shall adequately illuminate the main entrance areas and other structure entrance areas.
E. Low-level and vandal resistant. On-site lighting in all other areas shall be low-level and vandal resistant.
F. Maximum height of lighting. An outdoor light fixture, not including parking area lighting structures, shall be limited to a maximum height of 18 feet. An outdoor light fixture within the public right-of-way or within a Park zone is exempt from this height limit because of site specific requirements.
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10 G. Energy-efficient fixtures required. Outdoor lighting shall utilize energy-efficient (high pressure sodium, low pressure sodium, hard-wired compact fluorescent, or other lighting technology that is of equal or greater energy efficiency) fixtures and lamps.
H. Shielded or recessed lighting required. Lighting fixtures shall be shielded or recessed to reduce light bleed to adjoining properties, by:
1. Ensuring that the light source (e.g., bulb, etc.) is not visible from off the site; and
2. Confining glare and reflections within the boundaries of the site to the maximum extent feasible.
Each light fixture shall be directed downward and away from adjoining properties and public rights-ofway, so that no on-site light fixture directly illuminates an area off the site.
I. Maximum illumination level. No lighting shall produce an illumination level greater than one foot candle at the property line with a residential zone except on the site of the light source.
J. No blinking or flashing lights allowed. No permanently installed lighting shall blink, flash, or be of unusually high intensity or brightness, as determined by the Zoning Administrator.
D3-8 - Performance Standards
A. Purpose. This Section provides performance standards to minimize various potential operational impacts of land uses and development within the City, and promote compatibility with adjoining areas and land uses.
B. Applicability. The requirements of this Section apply to all new and existing land uses, including permanent and temporary uses in all zones, unless an exemption is specifically provided. A land use existing on the effective date of this Section shall not be altered or modified thereafter to conflict with these standards.
C. Combustibles and explosives. The use, handling, storage, and transportation of combustibles and explosives shall comply with the provisions of Municipal Code TITLE B, DIVISION B4 (Fire Prevention), and any other applicable laws.
D. Dust. Activities that may generate dust emissions (e.g., commercial gardening, construction, grading, and similar operations) shall be conducted to limit the emissions beyond the site boundary to the maximum extent feasible. Recycled watershall be used unless it is not available, not feasible (additional cost is not the primary determination regarding feasibility), or if there is an environmental concern (e.g. adjacent to a creek, protected habitat, etc.) as determined by the Zoning Administrator. Recycled water shall also be utilized for other construction-related activities, including but not limited to washing equipment, and street cleaning, in compliance with all applicable regulations and permits, including the City’s Storm Water Permit.
The Zoning administrator, in determining feasibility of the use of recycled water shall look at the availability of reclaimed water, distance of transportation, impacts of transit on the road system, site specific constraints, and scale of development.
Appropriate methods of dust management shall include the following, subject to approval by the City Engineer and/or Building Official.
1. Scheduling. Grading shall be designed and grading activities shall be scheduled to ensure that repeat grading will not be required, and that completion of the dust-generating activity (e.g., construction, paving, or planting) will occur as soon as possible.
2. Limited hours for grading. Grading operations shall occur only between the hours of 7:00 a.m. and 7:00 p.m. to the extent feasible, consistent with the City’s Grading Ordinance, and noise levels shall not exceed those allowed by the City’s Noise Ordinance. The hours for grading operations may be
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11 further restricted when determined by the Zoning Administrator or the City Engineer to be necessary because of the proximity of dust- and noise-sensitive uses.
3. Operations during high winds. Clearing, earth-moving, excavation operations, or grading activities shall cease when the wind speed exceeds 25 miles per hour averaged over one hour.
4. Limiting the area of disturbance. The area disturbed by clearing, demolition, earth-moving, excavation operations, or grading shall be minimized at all times.
5. Dust control. Dust emissions shall be controlled by a combination of the following:
a. Watering on-site construction roads a minimum of twice a day; b. Paving or use of other treatments of permanent on-site roads c. Covering of truck loads to contain dust sources
d. Use of other dust prevention measures as necessary based on site conditions, (e.g. hydroseeding)
6. Revegetation. Graded areas shall be revegetated as soon as possible, within no longer than 30 days, once grading is complete, to minimize dust and erosion. Disturbed areas of the construction site that are to remain inactive longer than 90 days shall be seeded and watered until grass cover is grown and maintained; and
7. Containment. Appropriate facilities shall be constructed to contain dust within the subject site as required by the City Engineer.
E. Ground vibration. No activity, process, or use shall generate ground vibrations that are perceptible without instruments by a reasonable person at the property lines of the subject site.
F. Hazardous and extremely hazardous materials. The handling (e.g., recycling, storage, transportation, etc.) of hazardous and extremely hazardous materials shall comply with the requirements of the California Hazardous Materials Regulations (California Administrative Code, Title 22, Division 4), Section D3-5 (Hazardous Materials Storage), above, and any other applicable laws.
G. Heat and humidity. Activities, processes, and uses shall not produce any unreasonable, disturbing, or unnecessary emissions of heat or humidity, at the property line of the subject site that cause material distress, discomfort, or injury to a reasonable person.
H. Hours of operation. In a commercial zone, a nonresidential use with outdoor parking located within 100 feet of a residential zone shall not operate between the hours of 10:00 p.m. and 7:00 a.m., unless authorized by Use Permit approval, granted in compliance with Section D6.28 (Use Permits and Minor Use Permits).
I. Light and glare. Outdoor lighting shall comply with the requirements of Section D3-7 (Outdoor Lighting), above.
J. Liquid waste. No liquid shall be discharged into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with applicable regulations of the State Regional Water Quality Control Board.
K. Noise. Noise emanating from the subject site shall comply with the City’s Noise Ordinance.
L. Odor. No activity, process, or use shall produce obnoxious or objectionable odors or fumes that are perceptible without instruments by a reasonable person at the property line of the subject site.
M. Radioactivity, electrical disturbance, or electromagnetic interference.
1. The handling, storage, transportation, and use of radioactive materials shall comply with the provisions of the California Radiation Control Regulations (California Administrative Code, Title 17), and any other applicable laws.
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12 2. Activities, processes, and uses shall not cause electrical disturbance or electromagnetic interference with normal radio or television reception in any residential zones, or with the function of other electronic equipment beyond the property line of the subject site.
N. Traffic Control. Activities that require lane closures or deviation from originally planned traffic flow shall comply with the most recent edition of the Caltrans Manual for Traffic Control or as approved by the City.
D3-9 - Relocated Structures
A. Permit requirement. In addition to the requirements of Municipal Code TITLE C, Division 14 (Housing Moving), a Minor Use Permit shall first be required for the relocation of any structure within the City.
B. Conditions to be established by Zoning Administrator. The Minor Use Permit shall establish conditions necessary to ensure that the relocated structure will be compatible with its surroundings in terms of architectural character, height and bulk, and quality of exterior appearance.
C. Appeals. A decision of the Zoning Administrator may be appealed to the Planning Commission in compliance with Chapter D7-II (Appeals and Calls for Review).
D3-10 - Setback Requirements and Exceptions
A. Purpose. This Section provides standards for the location, required size, and allowable uses of setbacks.
Setback standards provide open areas around structures for: access to and around structures; access to natural light, separation between potentially conflicting activities; ventilation and direct sunlight; visibility and traffic safety; and space for privacy, landscaping, and recreation.
B. Setback requirements.
1. Minimum setbacks for all structures.
a. Each structure shall comply with the front, street side, interior side, and rear setback requirements of the applicable zone, except:
1. Where a different setback requirement is established for a specific land use by Division D4 (Standards for Specific Land Uses);
2. Where a different setback requirement is established by Division D5 (Resource Management); and
3. As otherwise provided by this Section.
b. No portion of any structure, including eaves or roof overhangs, shall extend beyond a property line, or into an access easement, or street right-of-way, except as provided by this Section.
2. Exemptions from setback requirements. The minimum setback requirements of this Zoning Ordinance do not apply to the following.
a. A projection into a required setback allowed by Subsection E. (Allowed projections into setbacks), below.
b. A fence or wall in compliance with Section D3-4 (Fences, Walls, and Screening). c. A deck, earthwork, step, terrace, and other site design element that is placed directly upon grade and does not exceed a height of 18 inches above the surrounding grade at any point. d. A sign in compliance with Division D3, Chapter IV (Signs). e. A retaining wall less than 48 inches in height above finished grade. An embankment to be retained that is over 48 inches in height shall be benched in compliance with Section D3-4.D (Specific fence and wall requirements).
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13 C. Measurement of setbacks. Setbacks shall be measured and applied as follows, except that different setback measurement methods may be required where the Zoning Administrator determines that unusual parcel configuration makes the following infeasible or ineffective. See Figure 3-11.
Figure 3-11 – Location & Measurement
of Setbacks
1. Front setback. A front setback shall be measured at right angles from the nearest point on the front property line of the parcel (or edge of access easement on a private street) to the nearest point of the wall of the structure, except as follows. The front property line on a corner lot is the most narrow lot line abutting a street, except as provided by Subsection C.2 (Street side setback), below. The front setback area excludes the public right-of-way (i.e. sidewalks, utility easements, and/or landscape strips). ee Figure 3-12.
Figure 3-12– Typical Front Yard Cross Section
a. Mapped street with future improvements. If the City has established a plan that identifies a right-of-way for the future construction of a new street or the widening of an existing street, the required front or street side setback shall be measured from the plan line.
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14 b. Infill development within previously approved project. Where the City has established specific setback requirements for individual vacant parcels through the approval of a specific plan, subdivision map, or other entitlement, those setbacks shall apply to continuing development within the approved project instead of the setbacks required by this Zoning Ordinance.
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15 c. Flag lot. For a parcel with a fee
ownership strip extending from a
street or right-of-way to the
building area of the parcel, the
front setback shall be measured
from the nearest point of the wall
of the structure to the point where
the access strip meets the bulk of
the parcel; establishing a setback
line parallel to the lot line nearest
to the public street or right-of-way.
See Figure 3-13.
d. Corner lot. The front setback shall be measured from the nearest point of the wall of the structure to the nearest point of the side street property line. If the property lines on both street frontages are of the same length, the property line to be used for front setback measurement shall be that to which the City has assigned the street address of the parcel. e. Double frontage lot. The Director shall determine the location of a required front setback on a double-frontage lot.
2. Street side setback. The side setback on the street side of a corner parcel shall be measured from the nearest point on the side property line abutting the street right-of-way, or the edge of an easement for a private road, or the inside edge of the sidewalk, or a plan line established as described in Subsection C.1.b., above, whichever results in the greatest setback from the existing or future roadway.
3. Side (interior) setback. The interior side setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest point of the wall of the structure; establishing a setback line parallel to the side property line, which extends between the front and rear setbacks.
4. Rear setback. The rear setback shall be measured at right angles from the nearest point on the rear property line to the nearest line of the structure, establishing a setback line parallel to the rear property line.
a. The Zoning Administrator shall determine the location of the required rear setback on a doublefrontage parcel. b. Where a parcel has no rear lot line
because its side lot lines converge
to a point, a presumed line 10 feet
long within the parcel, parallel to,
and at a maximum distance from
the front lot line, shall be deemed
to be the rear lot line for the
purpose of determining the depth
of the required rear setback. See
Figures 3-14 and 3-15.
Figure 3-13 – Flag Lot Front Setback
Figure 3-14 – Rear Setback - Irregular Lot
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16 Figure 3-15 – Rear Setback - Irregular Lot
D. Limitations on the use of setbacks.
1. Structures. A required setback area shall not be occupied by a structure other than those identified by Subsection B. 2. (Exemptions from setback requirements), above as being exempt from the setback requirements of this Section.
2. Storage. No front, rear, side or street side setback shall be used for the accumulation, placement, or storage of automobiles or other motor vehicles, building materials, junk, machinery, or scrap, except for the following:
a. Automobiles and trucks, not in excess of one-ton capacity, regularly in use, with current registration, able to move under their own power and be legally driven on a public street, that are parked within a designated driveway; and
b. Building materials stored on-site required for construction on the subject parcel, immediately before and during a construction project.
c. A recreational vehicle stored in compliance with Section D3-41.E. (Vehicles on Private Property)
3. Parking. A required residential parking space shall not be located within a required setback area.
Accessory Dwelling Unit (ADU) parking shall comply with California Government Code Section 65852.2l as outlined in Section D4-39 “Accessory Dwelling Units”
4. Mechanical and utility equipment. See Subsection F. 5. (Mechanical equipment) below.
5. Accessory structures. Accessory structures shall comply with the setback requirements established by Section D4-26 (Accessory Structures).
E. Allowed projections into setbacks. Where allowed in the applicable zone an architectural feature attached to a primary structure may extend beyond the wall of the structure and into a required front, street side, side, or rear setback in compliance with Table 3-3. These requirements do not apply to accessory structures, which are instead subject to Section D4-26 (Accessory Structures).
TABLE 3-3
ALLOWED PROJECTIONS INTO SETBACKS
Projecting Feature
Allowed Projection into Required Setback
Front/Street Side
Setback
Interior
Side Setback Rear Setback
Awnings and canopies 6 ft 30 in (1) 6 ft (1)
Balcony, landing, porch, stairway - Uncovered
and unenclosed 25% of setback
Balcony, landing, porch, stairway - Covered and
enclosed by roof and walls Not allowed in any setback
Balcony, landing, porch, stairway - Covered but
unenclosed 6 ft 30 in (1) 6 ft (1)
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17 TABLE 3-3
ALLOWED PROJECTIONS INTO SETBACKS
Projecting Feature
Allowed Projection into Required Setback
Front/Street Side
Setback
Interior
Side Setback Rear Setback
Bay window, or similar projecting feature 30 in The greater of 30 in or 20% of setback (1) 30 in
Chimney/fireplace, 6 ft. or less in breadth, media
niche 24 in 24 in (1) 24 in (1)
Chimney/fireplace, more than 6 ft. in breadth,
media niche Not allowed 24 in (1) 24 in (1)
Cornice, eave, mechanical equipment, roof
overhang 24 in 24 in (1) 24 in (1)
Notes: (1) Feature may project and additional 6 inches if the setback is greater than 5 feet.
F. Setback requirements for specific structures:
1. Accessory structures. See Section D4-26 (Accessory Structures).
2. Fences. See Section D3-4 (Fences, Walls, and Screening).
3. Decks and other site design elements. A deck, freestanding solar device, steps, terrace, or other site design element that is placed directly upon the grade, and that exceeds a height of 18 inches above the surrounding grade at any point, shall comply with the setback requirements of this Zoning Ordinance for detached accessory structures. (Note: A site design element less than 18 inches above grade is exempt from setback requirements.)
4. Swimming pool, hot tub, etc. A swimming pool, hot tub, or spa shall be set back a minimum of five feet from side and rear property lines to the water's edge, and shall not be located within a front setback. Equipment less than six feet in height that is associated with a pool, hot tub and/or spa shall be set back a minimum of 36 inches from all property lines.
5. Mechanical equipment. Ground-mounted mechanical equipment less than six feet in height located outside of a structure shall be setback a minimum of 36 inches from all property lines. Groundmounted mechanical equipment greater than six feet in height located outside of a structure shall maintain a setback equal to the height less three feet from all property lines. Examples of this equipment include: air conditioning, heating, swimming pool pumps and filters, ventilation, and similar equipment; and cable television distribution boxes, transformers, and similar utility equipment that is not installed underground.
D3-11 - Solid Waste/Recyclable Materials Storage
A. Purpose. This Section provides standards which recognize the City's support for and compliance with the California Solid Waste Reuse and Recycling Access Act (Public Resources Code Sections 42900 through 42911).
B. Applicability. These requirements shall apply to all new multi-family residential and nonresidential developments, or changes to existing multi-family residential or nonresidential development that increase gross floor area by at least 25 percent.
C. Extent of storage area required. Solid waste and recyclables storage areas shall meet or exceed minimum requirements provided in tables D3-11.A and D3-11B. Additional storage areas may be required, as deemed necessary by the Zoning Administrator. The storage area shall be designed to accommodate standard size containers and to be accessible by occupants and standard collection vehicles.
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18 D. Enclosure requirements.
1. Applicable laws. The design, construction, and location of solid waste and recycling areas shall not be in conflict with any applicable Federal, state, or local laws relating to fore, building, access, transportation, circulation or safety.
2. Location. Developments and transportation corridors adjacent to recycling areas shall be adequately protected for any adverse impacts such as noise, odor, vectors, or glare through measures including, but not limited to maintaining adequate separation, fencing, and landscaping.
Material storage areas in a commercial development shall be located at least 25 feet from any pedestrian and/or vehicular access points.
3. Access. Driveways and/or travel aisles shall, at a minimum, conform to local building code requirements, driveways and/or travel aisles should provide unobstructed access for collection vehicles and personnel.
4. Enclosure required. Storage areas shall be fully enclosed by a minimum six-foot high decorative masonry wall or other solid enclosure that is architecturally compatible with adjacent structures, Tables 3-3 and 3-4, and approved by the Zoning Administrator.
5. Roof covering required. All storage areas shall be provided solid covers, shall be no more than 12 feet in height, and shall be constructed of materials which are architecturally compatible with adjacent structures and approved by the Zoning Administrator.
6. Gates required. Gates shall be solid and continuously maintained in proper working order.
7. Concrete apron required. A concrete apron shall be engineered to withstand a minimum of 20,000 pounds of direct force from a single truck axle.
8. Landscaping required. Landscaping
shall be provided to soften and screen
the storage areas in compliance with
Division D3, Chapter II (Landscaping
Design Regulations). See Figure 3-16.
E. Multi-family residential storage
requirements. All new multi-family
residential development with shared
refuse facilities shall provide interior and
exterior refuse and recycling storage
areas as approved by the Zoning Administrator. Guidelines for the areas to be provided are in Table 3-
4. Exceptions to this standard shall be subject to the review and approval of the Zoning Administrator.
1. Interior storage. Each dwelling unitshall be equipped with an interior refuse and recyclable material storage area of at least six cubic feet. The storage area shall consist of at least three cubic feet for recycling and at least three cubic feet for non-recyclable materials.
2. Exterior storage. Each structure containing dwelling units shall be provided at least one exterior storage area. The minimum size of the total of all storage areas shall be based on the number of dwelling units in the development as shown in Table 3-4, as approved by the Zoning Administrator.
Figure 3-16 – Solid Waste Enclosure
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19 TABLE 3-4
MINIMUM EXTERIOR SOLID WASTE AND RECYCLABLE MATERIAL
STORAGE AREAS FOR MULTIPLE UNIT RESIDENTIAL DEVELOPMENT WITH SHARED
REFUSE FACILITIES
Number of Dwelling
Units Per
Development
Minimum Refuse
Storage Area Per
Development
(Square Feet)
Minimum Recyclable
Material Storage Area
Per Development
(Square Feet)
Total Minimum
Storage Area Per
Development (Square
Feet)
2 – 7 16 16 32
7 – 15 32 32 64
16 – 25 64 64 128
26 – 50 128 128 256
51 - 75 192 192 384
76 – 100 256 256 512
101 – 125 320 320 640
126 – 150 384 384 768
151 – 175 448 448 896
176 – 200 512 512 1024
201 +
512
plus 64 square feet for every
25 dwelling units above 201
512
plus 64 square feet for every
25 dwelling units above 201
1024
plus 128 square feet for every
25 dwelling units above 201
F. Commercial and industrial storage requirements. All new commercial and industrial development shall provide at least one exterior or interior refuse and recyclable material storage area for each building. The minimum size of the area is based on the gross floor area of the buildings on the premises as shown in Table 3-5.
TABLE 3-5
MINIMUM EXTERIOR SOLID WASTE AND RECYCLABLE MATERIAL
STORAGE AREAS FOR COMMERCIAL AND INDUSTRIAL DEVELOPMENT Gross Floor Area Per
Development
(Square Feet)
Minimum Refuse
Storage Area Per
Development
(Square Feet)
Minimum Recyclable
Material Storage Area
Per Development
(Square Feet)
Total Minimum Area
Per Development
(Square Feet)
0 – 5,000 16 16 32
5,001 – 10,000 32 32 64
10,001 – 25,000 64 64 128
25,001 – 50,000 128 128 256
50,001 – 75,000 192 192 384
75,001 – 100,000 256 256 512
100,001 +
256
plus 64 square feet for every
25,000 square feet of building
area above 100,001
256
plus 64 square feet for every
25,000 square feet of building
area above 100,001
512
plus 128 square feet for every
25,000 square feet of building
area above 100,001
(Ord. No. 496, § 2, 01/28/2020)
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20 D3-12 - Underground Utilities
Existing and new overhead utility facilities shall be converted to, or installed as, underground utilities in compliance with this Section.
A. Applicability. No Zoning Clearance shall be issued for a new structure or land development unless the applicant's plans comply with the requirements of this Section, or until the applicant has obtained a waiver of requirements of this Section.
B. Definitions. Definitions of the technical or specialized terms and phrases used in this Section may be found in Division D8 (Glossary) under "Utility Facility” and “Utility Infrastructure." C. Requirements for undergrounding.
1. All utilities servicing a new structure or servicing any existing structure located on the same parcel of land as a new structure shall be installed or relocated underground, except as otherwise exempted by Subsection D. (Exemptions from undergrounding requirements), below.
2. Relocation of existing overhead utility service to an off-site location is not allowed.
3. Utility lines, including, but not limited to electric distribution (under 33,000 volts), communications, street lighting and cable television, shall be placed underground by the applicant, who shall make the necessary arrangements with the utility companies for the installation of the facilities.
4. Existing utility poles on the project site shall be removed and undergrounding of all overhead service not directly affecting service to adjacent sites shall be accomplished to the nearest off-site pole as determined by the City Engineer.
5. New poles may be set only in special instances where no other feasible solution is available as determined by the utility company.
D. Exemptions from undergrounding requirements. The following types of facilities are exempt from the undergrounding requirements of this Section.
1. Poles, overhead wires, and associated utility services used for electricity transmission at a nominal voltage of 33,000 volts or higher and any appurtenant structures and equipment, including surface mounted transformers, pedestal-mounted terminal boxes and meter cabinets.
2. Temporary poles, overhead wires, and associated utility services used or to be used in conjunction with a construction project.
3. Temporary poles, overhead wires, and associated utility services for a temporary use, when a Temporary Use Permit has been issued in compliance with Section D6-27, and when the permit requires removal of the temporary utility service upon completion of the temporary use.
4. Public utilities doing work governed by the rules, regulations, and tariffs of the California Public Utilities Commission.
5. Emergency poles, overhead wires, and utility services to be installed and maintained for a period not to exceed 10 days, with the approval of the City Engineer.
6. Whenever an unreasonable hardship has been established by the Commission in compliance with Subsection F. (Hardship waiver - In-lieu fees), below.
E. In-lieu fee. When a project does not qualify for one of the exemptions listed in Subsection D., above, and the Commission has granted relief from undergrounding in conjunction with a request for construction in compliance with Subsection F., below, an in-lieu fee may be established based on front footage costs estimated by the utility company serving the subject site. The City Engineer shall collect the in-lieu fees and manage and adjust the fees for inflation as deemed necessary.
F. Hardship waiver - In-lieu fees. If the cost of placing utility services underground is so great as to constitute an unreasonable hardship, the property owner subject to the undergrounding requirement may apply in writing to the Commission for relief from the provisions of this Section. The request shall
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21 include a detailed description of the overhead utility services proposed to be placed underground and separate itemized cost estimates of construction of the project if the utilities were placed or relocated underground or above ground.
1. Unreasonable hardship findings. After considering the request for relief, the Commission may grant relief as may be deemed proper under the circumstances, including in-lieu fees or the indefinite deferral of the undergrounding requirement. The Commission may grant this relief only if all of the following findings can first be made:
a. The cost of placing existing utilities underground is either so exorbitant or disproportionate to the total cost of construction as to constitute an unreasonable hardship in compliance with Subparagraph F.1.d., below;
b. No new utility poles are to be erected;
c. There is another overhead utility service in the immediate vicinity which would remain even if no waiver is granted;
d. The cost of undergrounding exceeds 20 percent of the project valuation as determined by the currently adopted valuation tables of the City’s Building Official; and e. The granting of the hardship waiver would not be inconsistent with the intent and purposes of this Zoning Ordinance.
2. Appeal of Commission decision. Any decision of the Commission concerning a hardship waiver request under this Section may be appealed by any interested person to the Council in compliance with Chapter D7-II (Appeals and Calls for Review), and in the following manner. a. Appeal requirements. The appeal shall contain the following information:
1. A detailed description of the overhead utility services proposed to be placed underground;
2. A separate itemized cost estimate for: the construction valuation of the project certified by the City’s Building Official; the construction costs of the utilities to be placed underground; and, if applicable, the construction costs of utilities to be relocated aboveground; and
3. The grounds for the appeal.
b. Granting of the appeal. Upon consideration of the appeal, the Council may grant relief as it may deem proper under the circumstances, including indefinite deferral of the undergrounding requirement. The appeal may be granted based upon the unreasonable hardship findings and required conditions in Subparagraph F.1. (Unreasonable hardship findings), above.
D3-13 - Utility and Public Service Requirements
A. Agency permits required. Each applicant shall comply with any applicable requirements of, and obtain all necessary approvals from each of the following affected agencies before issuance of a Building Permit:
1. The Contra Costa County Health Services Department Environmental Health Division;
2. The Central Contra Costa Sanitary District, or Dublin San Ramon Sanitary District;
3. The San Ramon Valley Fire Protection District;
4. The East Bay Municipal Utility District (EBMUD), or Dublin-San Ramon Services District; and
5. San Ramon Valley Unified School District.
B. Abandonment of septic tanks or water wells. The abandonment and destruction of a septic tank or water well shall comply with the requirements of the Contra Costa County Health Services Department.
C. Sewer facility plans. Construction plans involving work on the public sewer system shall be reviewed and approved by the Central Contra Costa Sanitary District or the Dublin San Ramon Sanitary District,
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22 as applicable. Plans for any required work shall be submitted to the permitting office of each sanitary district for processing.
D. Underground utilities. Utilities serving a proposed subject project site shall be placed underground in compliance with Section D3-12 (Underground Utilities) and the requirements of the City Engineer.
Chapter II - Landscape Design Standards
Contents:
D3-14 - Purpose of Chapter
D3-15 - Reserved
D3-16- Definitions
D3-17 - Applicability
D3-18 - Landscape Plan Approval Required
D3-19 - Landscape Location Requirements
D3-20 - Landscape Area Requirements
D3-21 - Landscape Standards
D3-22 - Landscape Requirements
D3-23 - Maintenance of Landscape Areas
D3-24 - Landscaping Education
D3-14 - Purpose of Chapter
This Chapter provides landscape standards for proposed development to improve the livability and attractiveness of the City, and to protect the public comfort, health, safety, and welfare by:
A. Preserving and enhancing the visual character of the community, and providing cooling shade; B. Enhancing and increasing compatibility between abutting land uses and public rights-of-way by providing landscape screening and buffers;
C. Providing for the conservation and safeguard of water resources through the efficient use of water, appropriate use of plant materials, and regular maintenance of landscaped areas; and D. Ensuring that landscape installations do not create hazards for motorists or pedestrians.
D3-15 - Reserved
D3-16- Definitions
See Municipal Code section C4-121.
D3-17 - Applicability
A. Applicable projects. The requirements of this Chapter are applicable to the following projects.
1. All new construction, with the exception of new single family residences on individual parcels, including the following:
a. Commercial developments;
b. Industrial developments;
c. Model homes;
d. Public projects;
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23 e. Residential developments (single-family subdivisions and multi-family dwelling units); and f. Temporary developments;
2. All rehabilitated landscaping for existing commercial, industrial, and multi-family dwelling units.
B. Non-applicable projects. These requirements shall not apply to individual single-family residential parcels.
C. Timing of Landscape Plan submittal and implementation. See Municipal Code section C4-122.
D3-18 - Landscape Plan Approval Required
A. Landscape Plan. A Landscape Plan shall be submitted as part of an application for a land use entitlement for new development, or the significant expansion or redevelopment of an existing use.
The Zoning Administrator shall determine if a Landscape Plan shall be submitted for ARB review and approval.
1. For the purposes of this Section, "significant expansion" means a 25 percent or greater increase in the ground floor footprint of a building, or a 25 percent or greater increase in the total floor area of a development or land use.
2. For residential developments the plan shall cover areas of the site visible from public streets; for other development, the plan shall cover all areas of the site required to be landscaped by Section D3-19 (Landscape Location Requirements), below.
No Building Permit shall be issued and no construction activity shall commence on the site until the Zoning Administrator has verified that the Landscape Plan submitted with the Building Permit application is as approved.
B. Content. A Landscape Plan shall contain all of the information identified in the Department handout for preparing Landscape Plans, and required by Municipal Code section C4-122 and the California State Model Water Efficient Landscape Ordinance (MWELO), Sections 490 – 495, Chapter 2.7, Division 2, Title 23 in the California Code of Regulations.
C. Statement of surety. Landscaping is the final phase of a project, and the one most often underdeveloped. To insure completion, the Zoning Administrator may require that a statement of surety in the form of cash, performance bond, letter of credit, or certificate of deposit shall be posted with the City, in an amount equal to 150 percent of the total value, or another amount determined by the Zoning Administrator, of all plant materials, installation, irrigation, and maintenance, for a twoyear period. The cost of materials shall be provided by the Registered Landscape Architect responsible for the project. The Zoning Administrator may require statements of surety for phased projects, a legitimate delay in landscape installation due to seasonal requirements (including adverse weather conditions) and similar circumstances where it may not be advisable or desirable to install all of a project's landscaping before occupancy of the site.
D. Minor changes to approved plans. Landscape Plan approval may include the Zoning Administrator authorizing minor changes from the requirements of this Chapter.
D3-19 - Landscape Location Requirements
Landscaping shall be provided in the locations specified below.
A. Unused areas. All areas of a project site not intended for a specific use shall be landscaped except where landscaping would adversely affect existing drainage or erosion control plans, or it is determined by the Zoning Administrator that landscaping is not necessary to fulfill the purposes of this Chapter.
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24 B. Parking areas. Parking areas shall be landscaped in compliance with the following requirements.
Parking lot landscaping, may be counted toward fulfilling the landscape area requirements identified in Section D3-20 below
1. Landscape materials. Landscape materials shall be evenly-distributed throughout the parking lot using a combination of trees, shrubs, ground cover, mulch, gravel, and other xeriscape areas as approved by the review authority. At the time of planting, the size of the shrubs and trees shall be in compliance with D3-21(B).
2. Curbing. Areas containing plant materials should be bordered by a concrete curb at least six inches high and six inches wide. Alternative barrier design to protect landscaped areas from damage by vehicles and/or to filter/retain runoff on site may be approved by the Zoning Administrator.
3. Runoff. Parking lot landscaped areas shall be designed to filter/retain runoff on site.
4. Location of landscaping. To the extent possible, parking lot landscaping should be located so that pedestrians are not required to cross landscaped areas to reach structure entrances from parked cars. This should be achieved through proper orientation of the landscaped fingers and islands. If parking lot landscaping must be located in a manner that requires pedestrian access across landscaped areas, pedestrian access shall be accommodated.
5. Bumper overhang areas. To increase the parking lot landscaped area, a maximum of two feet of the parking stall depth may be landscaped with low-growth, hearty materials in lieu of paving, allowing a two-foot bumper overhang while maintaining the required parking dimensions.
6. Parking lot perimeter landscaping. Parking area perimeters shall be landscaped as follows. The Zoning Administrator may adjust the tree spacing requirements of this Subsection based upon the growth characteristics and proper maintenance practices for the species of trees proposed. a. Location and size of landscape areas.
1. Adjacent to streets. Parking areas for nonresidential uses adjoining a public street shall be designed to provide a 10-foot landscaped planting strip between the street right-of-way and parking area. Parking areas for residential uses shall not be located within the required setback areas and the minimum width of the landscape planting strip shall be equal to the required setbacks.
2. Screening plant materials. The landscaping shall be designed and maintained to screen cars from view from the street and shall be a height of between 30 and 36 inches. Screening materials may include a combination of plant materials, earth berms, solid masonry walls, raised planters, or other screening devices to meet the intent of this requirement; however, screening materials may not use only solid masonry walls without plant cover.
3. Shade trees. Shade trees shall be provided at a minimum rate of one for every 30 linear feet of landscaped area, and may include areas of clustered trees. b. Adjacent to side or rear property lines. Parking areas for nonresidential uses shall provide a perimeter landscaped strip at least five feet wide (inside dimension) where the parking area adjoins a side or rear property line. Trees shall be provided at the rate of one for each 30 linear feet of landscaped area.
c. Adjacent to structures. When parking areas are located adjacent to nonresidential structures, a minimum five-foot wide landscape strip (inside dimension) shall be provided adjacent to the side and rear of the structure and shall include trees planted at the rate of one for each 30 linear feet of landscaped area.
d. Adjacent to residential use. Parking areas for nonresidential uses adjoining residential uses shall provide a landscaped buffer with a minimum 10-foot width between the parking area and the common property line bordering the residential use. A solid masonry wall or fence and landscape
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25 buffer shall be provided along the property line to address land use compatibility issues (e.g., glare, light, or nuisance noise). One tree shall be provided for each 30 linear feet of landscaped area.
7. Interior parking lot landscaping. Landscaping is required within parking lots to provide shade, reduce pavement heat gain and adjacent building heating during the summer, soften the appearance of large paved areas, and serve as storm water treatment areas. a. Shading requirement. Canopy trees shall be provided throughout the parking area and perimeter at the equivalent of one tree for every four spaces, to provide shade. Palms and other small canopied trees are not considered shade trees.
b. Planter dimensions. Planters with trees shall have a minimum interior dimension of five feet by five feet. All ends of parking lanes shall be separated from drive aisles by landscaped islands. c. Larger projects. Parking lots with more than 100 spaces shall provide a concentration of landscape elements at primary entrances, including specimen trees, flowering plants, enhanced paving, and project identification.
D. Pools and Patios. The surface area of a permanent swimming pool or spas, or uncovered patios may be counted toward meeting the landscape requirement for multi-family uses.
D3-20 - Landscape Area Requirements
Landscaping shall be provided in the locations and amounts specified in this Section, except for singlefamily dwellings located on individual single-family residential parcels.
A. Specific zone landscaping requirements.
1. Each development shall provide and maintain landscaped areas in compliance with Table 3-6 below for the applicable zone. Landscaped areas are inclusive of the landscaping required by Section D3- 19 (Landscape location requirements), above, and inclusive of any pedestrian-oriented open space (e.g., courtyards, plazas, etc.). Additional landscaping may be required through the development review process to provide visual relief or contrast, or to screen incompatible features.
TABLE 3-6 - MINIMUM LANDSCAPED AREA BY ZONE
Zone Percentage of Lot
RM, RMH, RH, and RVH 15%
OA, OL, CC, CR, M-1, and M-2 20%
DMU-N, DMU-S, MUX, MUR, CT, CS, MC, and CCMU, and MW 15% RC, HR, RE, RS 50%
CC-R, CT-R, CS-R 30%
2. All required landscaping, irrigation, and equipment shall be installed prior to final inspection unless a bond or other surety is provided in compliance with Section D6-33 (Performance Guarantees).
B. New single-family developments. New single-family developments, except for single-family dwellings located on individual single-family residential parcels, shall provide landscaping with an automatic irrigation system for the area of the site between the street curb and the front of the structure from side property line to side property line. The landscape design shall include trees, shrubs, and ground cover and shall emphasize water-conserving plant materials and irrigation to the greatest extent feasible. Turf areas shall be limited to 50 percent of the total landscaped area.
D3-21 - Landscape Standards
5.3.b
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26 Landscape areas and materials shall be designed, installed, and maintained in compliance with this Section and Section D3-23 (Maintenance of Landscape Areas), below.
A. General design standards. The following features shall be incorporated into the design of the proposed landscape and shown on the required Landscape Plans:
1. Landscaping shall be planned as an integral part of the overall project design and not simply located in excess space after parking areas and structures have been planned;
2. Pedestrian access to sidewalks or structures shall be considered in the design of all landscaped areas;
3. Landscaping adjacent to driveways and parking shall be protected from vehicle damage through the provision of minimum six-inch high and six-inch wide concrete curbs or other types of barriers approved by the Zoning Administrator (exception from curb requirements may be granted by the Zoning Administrator for storm water treatment purposes);
4. Landscaped planter areas shall have a minimum inside width of five feet where trees are provided and four feet where turf or shrubs are provided;
5. Landscaped areas shall be irrigated and designed to filter/retain runoff in compliance with Municipal Code section C4-122;
6. Hardscaped areas shall only be as large as necessary to provide for efficient pedestrian circulation through a required landscaped area; and
7. Where fences or walls are provided as required screening, a minimum 10-foot wide landscaped area shall be located on the residential side of the fence or wall. If the commercial side of the fence or wall is visible from a street or adjacent property, a five-foot wide landscaped area shall be provided adjacent to the fence or wall. If adjacent to a parking area, the area may be counted towards meeting the required interior parking lot landscaping.
B. Plant materials. Plant materials shall be selected and installed to comply with the following requirements:
1. A mix of plant materials shall be provided in compliance with the following:
▪ Trees. Thirty percent of the mix of trees shall come in 24 inch boxes and 70% shall come in 15 gallon containers.
▪ Shrubs. Twenty-five percent of the mix of shrubs should come in five gallon containers and the balance in one gallon containers.
▪ Groundcover. One hundred percent coverage should occur within two years. ▪ Calculations documenting the required mix shall be shown on the Landscape Plan;
2. Plant materials shall be selected for: energy efficiency and drought tolerance; adaptability and relationship to San Ramon environment; color, form and pattern; ability to provide shade; soil retention, fire resistiveness, etc. The overall landscape plan shall be integrated with all elements of the project, such as buildings, parking lots and streets, to achieve desirable microclimate and minimize energy demand.
3. Plant materials shall emphasize drought-tolerant and/or native species;
4. Trees and shrubs shall be planted and maintained so that they do not interfere with service lines and traffic safety sight areas;
5. Trees planted near public sidewalks or curbs shall be of a species and maintained in a manner which prevents physical damage to the curbs, gutters, sidewalks, and other public improvements;
6. Ground cover shall be of live plant material. Bark, colored rock, gravel, and similar materials may be used in combination with a living ground cover. Non-plant materials may be approved for use in limited areas by the Zoning Administrator;
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27 7. If existing landscaping is to be retained, a note shall be provided on the Landscape Plan stating that any existing landscaping indicated on the approved Landscape Plan for retention that is damaged or removed during construction shall be repaired or replaced subject to the approval of the Zoning Administrator;
8. Maximize energy efficiency by incorporating drought tolerant canopies, deciduous vines, and trellises to shade south and westward facing walls, to cool them in summer months.
C. Irrigation. Irrigation systems shall comply with the following standards and as required by Municipal Code section C4-122 and the California State Model Water Efficient Landscape Ordinance (MWELO), Sections 490 – 495, Chapter 2.7, Division 2, Title 23 in the California Code of Regulations.
1. Recycled water, if available, shall be utilized for landscape irrigation systems as appropriate for the landscape materials and consistent with storm water regulations. Absent the immediate availability of recycled water, recycled water infrastructure (i.e. purple pipe, etc.) shall be installed if recycled water is reasonably available to the project site in 15 years.
2. An irrigation system may include graywater subject to Chapter 15 of the California Plumbing Code.
D3-22 - Landscape Requirements
See Municipal Code section C4-122 and as required with the California State Model Water Efficient Landscape Ordinance (MWELO), Sections 490 – 495, Chapter 2.7, Division 2, Title 23 in the California Code of Regulations.
D3-23 - Maintenance of Landscape Areas
A. Maintenance required. All landscaped areas shall be permanently maintained in a healthful and sound condition at all times, in compliance with the approved Landscape Plan. Irrigation systems and their components shall be maintained in a fully functional manner consistent with the originally approved design and the provisions of this Chapter. The maintenance required by this Section shall include adjusting, checking, and repairing irrigation equipment; resetting automatic controllers; aerating and de-thatching turf areas; adding/replenishing fertilizer, mulch, and soil amendments; insect control; the replacement of dead or diseased plants; pruning; watering; and weeding all landscaped areas.
B. Water waste prohibited. Water waste in existing developments resulting from inefficient landscape irrigation leading to excessive runoff, low head drainage, overspray, and other similar conditions where water flows onto adjacent property, non-irrigated areas, roadways, structures, or walks is prohibited.
D3-24 - Landscaping Education
The project applicant shall provide information to prospective buyers of new single-family homes regarding water-efficient landscaping techniques. A sample of the information to be provided shall be submitted to the Zoning Administrator for approval prior to issuance of a Building Permit.
Chapter III - Parking and Loading
Contents:
D3-25 - Intent and Purpose of Chapter
D3-26- Applicability and Basic Requirements
D3-27 - General Parking Regulations
D3-28 - Number of Parking Spaces Required
D3-29 - Disabled Parking Requirements
D3-30 - Reduction of Parking Requirements
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28 D3-31 - Parking Design and Development Standards
D3-32 - Parking Area Screening
D3-33 - Parking Area Lighting Requirements
D3-34 - Parking Lot Landscaping Standards
D3-35 - Garage and Carport Design and Location Requirements D3-36 - Additional Standards for Parking Lots and Structures D3-37 - Driveways and Site Access
D3-38 - Bicycle and Motorcycle Parking Requirements
D3-39 - Loading Space Requirements
D3-40 - Designation of Off-Site Parking and Loading Spaces D3-41 - Vehicles on Private Property
D3-25 - Intent and Purpose of Chapter
A. Intent. The requirements of this Chapter are intended to ensure that sufficient off-street parking is provided for all uses and structures, and that parking facilities are attractive, properly designed, and located to be unobtrusive, generally to the rear of the site, while meeting the needs of the specific use or structure.
B. Purpose. More specifically, the purposes of the off-street parking and loading provisions are to:
1. Ensure that off-street parking and loading facilities are provided for new land uses and for major alterations and enlargements of existing uses in direct proportion to the need for the facilities created by each use;
2. Establish parking standards for residential and commercial uses consistent with need and with the feasibility of providing parking on specific sites; and
3. Ensure that off-street parking and loading facilities are designed in a manner that will ensure efficiency, protect the public safety, and, where appropriate, insulate surrounding land uses from adverse impacts.
D3-26- Applicability and Basic Requirements
A. Applicability. Each land use and structure, including a change or expansion of a land use or structure shall be provided continuously maintained off-street parking and loading areas in compliance with this Chapter. A land use shall not be commenced and a structure shall not be occupied until the improvements required by this Chapter are satisfactorily completed.
B. When required.
1. Off-street parking and loading facilities shall be provided in compliance with this Chapter at the time of initial occupancy of a site, construction of a structure, or major alteration or enlargement of a site or structure.
2. For the purposes of these requirements, "major alteration or enlargement" shall mean a change of use or an addition that would increase the number of parking or loading spaces required by 10 percent or more of the total number required before the alteration or enlargement.
C. Joint use. Off-street parking and loading facilities required by this Chapter for a use shall not be considered as providing parking or loading spaces for any other use, except in compliance with Section D3-30 (Reduction of Parking Requirements).
D. Nonconforming parking or loading. No existing use of land or structure shall be deemed to be nonconforming solely because of the lack of off-street parking or loading facilities required by this
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29 Chapter; provided, the facilities being used for off-street parking and loading as of the date of adoption of this Chapter shall not be reduced in number to less than that required by this Chapter. See Section D3-28.D (Number of Parking Spaces Required – Nonconforming parking) regarding changes to structures with nonconforming parking.
E. Location and ownership.
1. Residential uses. Parking required to serve a residential use shall be on the same site as the use served.
2. Nonresidential uses. Parking required to serve a nonresidential use may be on the same or a different site under the same or different ownership as the use served; provided, the parking shall be within the following maximum distances of the use served, measured from the nearest corner of the parking facility to the main public entrance of the use served via the shortest pedestrian route, as shown in Table 3-7 (Maximum Distances for Off-Site Parking for Nonresidential uses), below.
TABLE 3-7 - MAXIMUM DISTANCES FOR OFF-SITE PARKING FOR NONRESIDENTIAL USES
Type of Parking Spaces Maximum Distance Allowed
Customer Spaces 200 feet
Visitor Spaces 200 feet
Employee Spaces 400 feet
F. Life of facility.
1. Facilities for off-site parking shall be restricted to that use by a recorded agreement, deed, or lease for a minimum period of 10 years from the date a permit or approval requiring the parking is first issued.
2. The Zoning Administrator may waive this restriction upon first finding that substitute parking facilities meeting the requirements of this Chapter are provided.
3. No use shall be continued if the parking is removed unless substitute parking facilities are provided to the satisfaction of the Zoning Administrator.
G. Computation of spaces required rounding off of spaces. If, in the application of the requirements of this Chapter, a fractional number is obtained, one parking or loading space shall be required for a fraction of more than one-half, and no space shall be required for a fraction of one-half or less.
H. Land banking. Upon a determination of the Zoning Administrator, a portion of the required parking improvements may be deferred if it is first found that all of the spaces are not needed immediately and that a Minor Use Permit could be granted in compliance with Section D6.28 (Use Permits and Minor Use Permits).
D3-27 - General Parking Regulations
A. Timing of installation. A new or altered structure shall not be occupied, and a new land use not requiring a structure shall not be established, until all off-street parking and loading facilities required by this Chapter are in place and approved by the City.
B. Parking and loading spaces to be permanent. Each parking and loading space shall be permanently available, marked, and maintained for parking or loading purposes for the use it is intended to serve.
The approval of a Temporary Use Permit (Section D6.27) may allow the temporary use of a parking or loading space for other purposes.
C. Parking and loading to be unrestricted. An owner, lessee, tenant, or other person having control of the operation of premises for which parking or loading spaces are required by this Chapter shall not
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30 prevent, prohibit, or restrict authorized persons from using the spaces without the prior approval of the Zoning Administrator.
D3-28 - Number of Parking Spaces Required
Each land use shall be provided the number of off-street parking spaces required by this Section. See Section D3-38 for off-street parking requirements for bicycles and motorcycles.
A. Parking requirements by land use. Each land use shall provide the number of off-street parking spaces required by Table 3-8, except where more spaces are required through discretionary permit review, or where a reduction of parking is granted in compliance with Section D3-30 (Reduction of Parking Requirements).
1. Use of site not identified. Where the land use that will occupy a proposed development is not identified at the time of permit application, the Zoning Administrator shall determine the probable use and the number of parking and loading spaces required. In order to make this determination, the Zoning Administrator may require the submittal of data from the applicant or collected at the applicant's expense.
2. Floor area. Where Table 3-8 establishes a parking requirement based on floor area in square feet (e.g., 1 space for each 1,000 sf of floor area), the floor area shall be construed to mean gross interior floor area unless otherwise specified, and shall include all locations of shared halls, lobby areas, and rest rooms, but shall not include areas for vertical circulation, elevators, or stairs.
3. Accessory uses. A single use with accessory components shall provide parking for primary use, and each component. For example, a hotel with a meeting room shall provide the parking spaces required by Table 3-8 for a hotel (e.g., the guest rooms), and for a meeting room.
4. Spaces required for alteration or enlargement. The number of parking or loading spaces required for an alteration or enlargement of an existing use or structure, or for a change of occupancy, shall be in addition to the number of spaces existing before the alteration, enlargement, or change of occupancy unless the more spaces exist than the total required by this Chapter. In this case, the number of spaces in excess of the minimum shall be counted in determining the required number of spaces.
5. Multi-tenant sites. A site with multiple tenants shall provide the aggregate number of parking spaces required for each separate use; except that where the site is developed as an integrated center with shared parking and no spaces reserved for a particular use, parking shall be provided as required by Table 3-8 for a retail complex. When a multi-tenant center includes one or more uses that will need more parking than retail uses (for example, a fitness center, office uses, or theater) additional parking shall be required for the non-retail use unless a parking reduction is approved in compliance with D3-30 (Reduction of Parking Requirements).
B. Excessive parking. The City discourages a land use being provided more off-street parking spaces than required by this Chapter, to avoid the inefficient use of land, unnecessary pavement, and excessive storm water runoff from paved surfaces.
1. The provision of off-street parking spaces in excess of the requirements in Table 3-8 is allowed and may be compact sized spaces measuring 8.5 feet by 18 feet, but only up to a maximum of 10 percent, and only when additional landscaping and pedestrian amenities are also provided to the satisfaction of the Zoning Administrator.
2. The provision of off-street parking spaces in excess of the requirements in Table 3-8 is allowed and may be compact sized spaces measuring 8.5 feet by 18 feet, but only up to a maximum of 25 percent, with Use Permit approval in compliance with Section D6.28 (Use Permits and Minor Use Permits), and only when additional landscaping and pedestrian amenities are also provided to the satisfaction of the Zoning Administrator.
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31 C. Bench or bleacher seating. Where fixed seating (e.g., benches, bleachers, pews, or similar seating) is provided, a seat shall be defined as 18 inches of bench space for the purpose of calculating the number of required parking spaces as provided in Table 3-8.
D. Nonconforming parking. A structure with nonconforming off-street parking may be physically changed or undergo a change in use subject to the following provisions.
1. Residential uses. No additional parking spaces shall be required; provided, the change does not increase the floor area, nor increase the number of dwelling units, nor eliminate the only portion of the site that can be used for the required or existing parking or access.
2. Nonresidential uses. The number of existing parking spaces shall be maintained on the site and additional parking shall be provided in compliance with this Chapter for any additional floor area. If the use of the structure is changed to one that requires more parking than the previous use, the difference between the parking spaces required for the previous use and the new use shall be provided.
3. Waiver by Commission. The Commission may waive covered parking requirements when a nonconforming structure is proposed for rehabilitation if the Commission determines, in compliance with Section D6.28 (Use Permits and Minor Use Permits), that the existing structure location, lot size, or topography renders the requirement infeasible.
TABLE 3-8 - PARKING REQUIREMENTS BY LAND USE
Land Use Type Vehicle Spaces Required
Manufacturing Processing and Warehousing
All industry, media, and warehousing uses, except as
follows.
1 space for each 250 sf of office area; 1 space for each 1,000 sf of ground and/or building area devoted to other than office.
Alcoholic Beverage Manufacturing, Micro-Brewery. 1 space for each 250 sf of office area; 1 space for each 1,000 sf of ground and/or building area devoted to other than office; and 1 space for each 100 sf of tasting room area
Industrial limited 1 space for each 750 sf of floor area.
Industrial research and development, laboratories 1 space for each 500 sf of floor area.
Recycling facilities
Medium collection facilities Determined by Minor Use Permit.
Small collection facilities Determined by Minor Use Permit Wholesaling/distribution and storage 1 space for each 800 sf of floor area.
Recreation, Education, Public Assembly
Adult businesses 1 space for each 250 sf of floor area.
Bar/tavern, night club (not within a retail complex) 1 space for each 100 sf of seating area and waiting/lounge area exclusive of dance floor, and 1 space for each 30 sf of dance floor.
Child day care facilities 1 space for each 6 children the facility is licensed to accommodate.
Commercial recreation facilities - Indoor
Arcade/Electronic Game Centers 1 space for each 200 sf of floor area.
Bowling alley 6 spaces for each lane.
Indoor play areas (e.g. rock climbing center,
inflatable party places) 1 space for each 200 sf of floor area Pool and billiard room 2 spaces for each table.
Skating rink 1 space for 5 fixed seats, or 1 space for each 35 sf of seating area if there are no fixed seats; plus 1 space for each 250 sf of floor area not used for seating.
Swimming pool - Lap pool 1 space for each lap lane.
Swimming pool - Recreational 1 space for each 35 sf of pool area.
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32 TABLE 3-8 - PARKING REQUIREMENTS BY LAND USE
Land Use Type Vehicle Spaces Required
Commercial recreation facilities - Outdoor Determined by Zoning Administrator Equestrian facilities 1 space for each 5 horses boarded.
Golf courses and country clubs 4 spaces for each hole, plus as required by this table for accessory uses (e.g., pro shop, bar, restaurant)
Fitness/health facilities
Aerobics/studio classes 1 space for each 250 sf of floor area.
Gymnasium area 1 space for each 250 sf of floor area.
Nautilus 1 space for each 250 sf of floor area.
Office/administration 1 space per office.
Pool See above requirements.
Racquetball/tennis courts 2 spaces per court.
Library, museum, gallery 1 space for each 300 sf of floor area.
Meeting facility (e.g., clubs, lodges, places of worship), public or private
1 space for each 4 fixed seats or 1 space for each 40 sf of floor area used for seating, plus 1 space for each classroom or office.
Schools (public or private)
Kindergarten and nursery schools 1 space for each 3 employees (including administrators and teachers) and 1 space for each 10 children.
Elementary/middle schools 1 space for each employee plus 1 space for each 8 students.
Secondary (high) schools 1 space for each employee plus 1 space for each 4 students.
Colleges and universities (including trade and
business schools) 1 space for each 1.5 students.
Studio - Art, dance, martial arts, music, etc.
Art, dance, martial arts, music, etc. 1 space for each 300 sf of floor area Small-scale tutoring centers, etc. 1 space for each 250 sf of floor area Tennis/racquetball/handball or other courts 2 spaces for each court, plus 1 space for each 300 sf of floor area for accessory uses.
Theaters, movies or performing arts 1 space for each 4 seats.
Residential
Live/work units 2 spaces for each unit.
Mobile homes
Individual mobile homes 2 spaces for each unit; at least 1 within a garage/carport.
Mobile home parks 2 spaces for each mobile home, plus 1 additional space for each 4 mobile homes shall be provided for guest parking, which shall be dispersed throughout the park.
Multi-family dwellings
Studio units and one-bedroom units 1 covered space within a garage/carport for each unit. Parking requirements may be modified by the review authority for affordable housing, mixed use, or senior housing projects.
Two- and three-bedroom units 2 spaces for each unit; at least 1 within a garage/carport.
Four-bedroom units and above 23 covered spaces within a garage/carport for each unit, at least 1 shall be within a garage/carport.
Guest parking 1 space for each 4 units.
Residential care homes
Six or fewer clients 2 covered spaces within a garage/carport.
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33 TABLE 3-8 - PARKING REQUIREMENTS BY LAND USE
Land Use Type Vehicle Spaces Required
Seven or more clients 1 space for each 3 beds the facility is licensed to accommodate; plus 1 space for each 4 units for guests and employees.
Rooming or boarding houses 1 covered or uncovered space for each bedroom.
Accessory Dwelling Unit (ADU) As required by California Government Code Section 65852.2 Single-family dwellings 2 covered spaces within a garage.
With up to four bedroomsGuest parking (new
residential development)
1 space for each 4 units designed without driveway parking (see D3- 37 – Driveways and Site Access for minimum driveway dimensions). 2 covered spaces within a garage.
With five bedrooms 3 covered spaces within a garage.
With six or more bedrooms 4 covered spaces within a garage.
Supportive housing 2 covered spaces within a garage/carport for each unit. If located within one-half mile of a public transit stop, no minimum parking for units occupied by supportive housing residents.
Homeless shelter One off-street parking space per employee (by shift).
Retail Trade
All “Retail Trade” uses listed in Division D2, except the following:
1 space for each 225 sf of floor area with up to and including 50,000 sf and 1 space for each 250 over 50,000 sf; plus 1 space for each 200 sf of outdoor sales area.
Animal Sales 1 space for each 250 sf of floor area.
Artist’s studio 1 space for each 1,000 sf of floor area.
Auto and vehicle sales and rental 1 space for each 400 sf of floor area for office, 1 space for each 225 sf of area used for repairs and services, and 1 space for each 2,000 sf of indoor showroom area and/or outdoor display area.
All customer parking shall be clearly marked and not to be used for parking of unregistered vehicles. No damaged, inoperative, wrecked, or abandoned vehicles shall be stored in any exterior area for more than five days.
Building and landscape materials 1 space for each 400 sf of indoor display area for first 10,000 sf, 1 space for each 1,000 sf of indoor display area over 10,000, and 1 space for each 500 sf of outdoor storage and display area.
Convenience stores 1 space for each 250 sf of floor area.
Furniture, furnishings, and appliance store 1 space for each 400 sf of floor area.
Horticulture, limited sales 1 space for each 2 acres.
Pawn shops 1 space for each 250 sf of floor area.
Plant nursery, garden supply stores 1 space for each 500 sf of outdoor display lathe house area; plus 1 space for each 250 sf of interior floor area.
Retail complexes/shopping centers 1 space for each 225 sf of floor area for complexes of up to and including 50,000 sf, and 1 space for each 250 sf for complexes over 50,000 sf.
Services
Transportation service dispatch facility 1 space for each 500 sf of floor area; plus 2 storage spaces Alcoholic Beverage Manufacturing, Brew Pub (not
within a retail complex)
1 space for each 100 sf of floor area accessible to customers; plus 1 space for each 2 employees on the largest shift.
Animal services (e.g., boarding, grooming, hospitals) 1 space for each 400 sf of floor area.
Banks, financial services (not within a retail complex) 1 space for each 200 sf of floor area.
Banks, financial services (not within a retail complex) with Drive-Through Service
1 space for each 200 sf of floor area, plus queue spaces for 5 vehicles for each teller station.
Catering services 1 space for each 400 sf of floor area.
Communication facilities 1 space for each 500 sf of floor area.
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34 TABLE 3-8 - PARKING REQUIREMENTS BY LAND USE
Land Use Type Vehicle Spaces Required
Eating and drinking establishments (e.g., cocktail
lounges, with or without live entertainment) (not
within a retail complex)
1 space for each 100 sf of floor area accessible to customers; plus 1 space for each 2 employees on the largest shift.
Eating and drinking establishments with take-out
services (not within a retail complex)
1 space for each 50 sf of floor area; plus queue space for 5 vehicles for drive-through service.
Equipment rental 1 space for each 300 sf of floor area, plus 1 space for each 1,000 sf of outdoor storage and rental area.
Food and beverage sales 1 space for each 200 sf of floor area.
Furniture repair 1 space for each 400 sf of floor area.
Heliports Determined by Use Permit
Laboratories 1 space for each 50 sf of floor area.
Laundry - Dry cleaning pick-up facilities and
Laundromats 1 space for each 250 sf of floor area.
Laundry - Laundries and dry cleaning plants 1 space for each 1,000 sf of floor area.
Lodging
Bed and breakfast inns 1 space for each guest room, plus 2 covered spaces for the resident family.
Hotels, motels, and time share facilities 1.2 spaces for each guest room or rental unit; plus 1 space for each 50 sf of banquet seating area; plus required spaces for accessory uses.
Maintenance and repair services 1 space for each 400 sf of floor area; plus 1 space for each 500 sf of outdoor storage area.
Medical services
Clinics and laboratories, urgent care 1 space for each 200 sf of floor area or 4 spaces for each doctor, whichever would result in more spaces.
Doctor Offices (e.g., dental and medical) 1 space for each 200 sf of floor area.
Extended care 1 space for each 3 patient beds the facility is licensed to accommodate.
Hospitals 1 space for each 1.5 patient beds the facility is licensed to accommodate.
Mortuaries, funeral homes, internment services 1 space for each 4 seats or 1 space for each 35 sf of floor area used for seating, if no fixed seating is provided, whichever would result in more spaces.
Offices
Administrative, business, government, professional,
and service 1 space for each 250 sf of floor area
Processing 1 space for each 150 sf of floor area
(see also Section D3-30 (F))
Outdoor Seating (13 or more seats, within and not
within a retail complex) 1 space for every 3 seats
Personal services 1 space for each 250 sf of floor area Public utility structure or installation, bus
depot/station
1 space for each 3 employees, plus additional spaces required by the Commission.
Research and development services, laboratories 1 space for each 400 sf of floor area.
Storage (Personal storage/mini-storage facilities)
Indoor storage units 1 space for each 1,500 sf of floor area, plus 2 spaces for manager's office
Separately accessible storage units 4 spaces for manager's office.
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35 TABLE 3-8 - PARKING REQUIREMENTS BY LAND USE
Land Use Type Vehicle Spaces Required
Vehicle/Equipment services - All except the following (All customer parking shall be clearly marked and not to be used for parking of unregistered vehicles. No abandoned, damaged, inoperative, or wrecked vehicles shall be stored in any exterior area for more than five days.)
4 spaces for each service bay or 1 space for each 225 sf of floor area, whichever would result in more spaces; plus spaces for any office as required by this Section for offices.
Vehicle services - Rentals 1 space for each 400 sf of floor area; plus 2 storage spaces.
Vehicle services – Storage 1 space for each 500 sf of floor area Vehicle services – Washing, unattended 1 drying space for each stall.
Vehicle services – Washing, attended 10 spaces; plus 6 spaces for each wash lane/station for queuing and drying area
Vehicle/Equipment repair 4 spaces for each service bay or 1 space for each 225 sf of floor area, whichever would result in more spaces.
Vehicle/Equipment sales and rentals 1 space for each 400 sf of floor area; plus 1 space for each 500 sf of outdoor display area
D3-29 - Disabled Parking Requirements
A. Accessibility requirements. Parking facilities shall be properly designed, constructed, and maintained to provide for access by the physically disabled from public rights-of-way, across intervening parking spaces, and into structures, including parking spaces specifically designed and located for the use of the disabled/handicapped. Standards for the facilities shall be based on the standards of the American Standards Association and/or other applicable guidelines.
B. Number and location of and access to spaces required. Parking spaces for the disabled shall be provided in compliance with the Uniform Building Code (UBC), the Federal Accessibility Guidelines, the California Code of Regulations (Title 24, Part 2, Chapter 2-71), and with the sign requirements of the California Vehicle Code, Section 22507.8., as applicable. Parking spaces required for the disabled shall count toward compliance with the number of off-street parking spaces required by Section D3-28 (Number of Parking Spaces Required).
D3-30 - Reduction of Parking Requirements
A. Shared Collective parking. Where two or more adjacent nonresidential uses have distinct and differing peak parking usage periods, (e.g. a theater and a bank), a reduction in the required number of parking spaces may be allowed through Zoning Clearance, Minor Use Permit, or Use Permit approval.
1. Shared Collective parking requirements.
a. The Zoning Administrator may reduce the number of parking spaces required by Section D3-28 (Number of Parking Spaces Required) and D3-39 (Loading Space Requirements) by up to 5 percent with approval of a Zoning Clearance if the on-site parking does not exceed 100 spaces, and up to 10 percent with approval of a Zoning Clearance if the on-site parking has 100 parking spaces or greater. The Zoning Administrator may reduce the number of parking spaces required by Section D3-28 (Number of Parking Spaces Required) and D3-39 (Loading Space Requirements) by up to 25 percent with approval of a Minor Use Permit. Parking reductions greater than 25 percent may be allowed with approval of a Use Permit by the Planning Commission. b. An application for a Minor Use Permit or Use Permit for Shared Collective parking may be required to submit survey data substantiating a request for reduced parking requirements.
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36 c. A Minor Use Permit or Use Permit for Shared Collective parking shall describe the limits of any area subject to reduced parking requirements and the reduction applicable to each use. d. In retail centers, office uses and medical uses which require additional parking beyond that required for retail uses may be allowed; provided, their total combined gross square footage does not exceed 25 percent of the gross floor area of the retail center.
2. Findings. A Minor Use Permit or Use Permit may be approved to allow shared/collective parking serving more than one use or site and located in a zone in which parking for the uses served is an allowed use. A Minor Use Permit or Use Permit for shared/collective off-street parking may reduce the total number of spaces required by this Chapter only if the following findings are first made:
a. The spaces to be provided would be available as long as the uses requiring the spaces are in operation;
b. The peak hours of parking demand from all uses do not coincide so that peak demand is greater than the parking provided;
c. The adequacy of the quantity and efficiency of parking provided will equal or exceed the level that can be expected if collective parking is not provided; and d. A written agreement between landowner(s) and the City, in a form satisfactory to the City Attorney, is approved by the Zoning Administrator. This agreement shall be in the form capable of and subject to being recorded to constitute a covenant running with the land and shall include:
1. A guarantee that there will be no substantial alteration in the uses that will create a greater demand for parking;
2. A guarantee among the landowner(s) for access to and use of the shared parking facilities;
3. A provision that the City may require parking facilities in addition to those originally approved upon finding by the Zoning Administrator that adequate parking to serve the use(s) has not been provided; and
4. A provision stating that the City, acting through the Zoning Administrator, may for due cause and upon notice and hearing, unilaterally amend, modify, or terminate the agreement at any time.
B. Reduction of parking. The Zoning Administrator may reduce the number of parking spaces required by Sections D3-28 (Number of Parking Spaces Required) and D3-39 (Loading Space Requirements) by up to 15 percent through a Minor Exception approval (Section D6-24 Minor Exceptions), or between 15.1 percent to 25 percent through a Minor Use Permit approval based on the finding below, justifiable cause beyond simply the desire for less parking and based on the reasonable existing and future use of the property. Parking reductions greater than 25 percent may be allowed with approval of a Use Permit by the Planning Commission.
1. Findings. A Minor Exception, Minor Use Permit, or Use Permit may be approved to reduce the number of spaces to less than the number identified in this Chapter; provided, the following findings are first made:
a. The parking demand would be less than the requirements identified in Table 3-8 (Parking Requirements by Land Use ) and Table 3-14 (Loading Spaces Required), below; and b. The probable long-term occupancy of the structure, based on its design, would not generate additional parking demand.
2. Consideration of survey data. In reaching a decision, the Zoning Administrator shall may consider survey data submitted by the applicant or collected at the applicant's request and expense that documents the need for fewer spaces (e.g., sales receipts, documentation of customer frequency, information on parking standards required for the proposed land use by other cities, etc.).
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37 3. Land banking. Upon a determination of the Zoning Administrator, Land banking may be required and a portion of the required parking may be deferred if it is first found that all of the spaces are not needed immediately and that a Minor Use Permit could be granted in compliance with Section D6.28 (Use Permits and Minor Use Permits). Land set aside for future parking areas shall be maintained in a use that can be easily converted to parking area when needed (i.e. Landscaping).
Land banking parking areas shall not include permanent buildings, major utilities or required circulation areas that would prohibit the future installation of required parking, C. Reduced parking for restricted senior housing projects. The review authority may reduce the number of parking spaces required by Section D3-28 (Number of Parking Spaces Required) for senior housing projects, for persons aged 55 and over, based on quantitative information provided by the applicant that documents the need for fewer spaces for these types of residential development projects.
D. Waiver of covered parking requirement for affordable housing units. The review authority may waive the requirement that parking be covered for affordable housing units in compliance with the City’s density bonus regulations.
E. Parking in-lieu payments.
1. Cash in-lieu payment. Within designated parking districts established by the City Council and shown on the zoning map, a parking requirement serving nonresidential uses on a site may be met by a cash in-lieu payment to the City before issuance of a Building Permit, or a Certificate of Occupancy, if no Building Permit is required.
2. Fee to provide off-street parking. The fee shall be collected and spent in order to provide public off-street parking in the vicinity of the use.
3. City may set limitations. In establishing the parking districts, the City may set limitations on the number of spaces or the maximum percentage of parking spaces required for which an in-lieu fee may be collected.
F. Parking for large office complexes. The review authority may authorize the use of parking spaces measuring 8.5 feet by 18 feet for required parking if demonstration of participation within a Transportation Demand Management (TDM) program is provided.
D3-31 - Parking Design and Development Standards
Required parking areas shall be designed, constructed, and properly maintained in compliance with this Section.
A. Location of parking. Off-street parking areas shall be located as follows:
1. Residential parking. Parking for a residential use shall be located on the same parcel as each residential unit served; except for mixed use projects developed in compliance with this Chapter.
2. Nonresidential parking. Parking for a nonresidential use shall be located in compliance with Subsection D3-26.E. (Location and ownership), above.
3. Location of off-street parking spaces.
a. Required off-street parking spaces may occupy any part of the property in a nonresidential zone (e.g., commercial, industrial, etc.), except for the minimum perimeter plant strip required in compliance with Section D3-19.C.6, and the traffic safety visibility area with Section D3-6.F. b. In any residential zone, required off-street parking for the main unit shall not be provided within any setback area or the traffic safety visibility area with Section D3-6.F. However, parking may be allowed within that portion of any setback area used for driveway access to required parking areas.
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38 B. Access to parking. Access to parking shall be provided as follows for all parking areas other than for individual single-family residences. Site design shall minimize the amount of paved surfaces and driveway lengths while providing for safe and suitable access for vehicular circulation.
1. Parking areas shall provide suitable maneuvering area so that vehicles exit to a street in a forward direction. Parking lots shall be designed to prevent access at any point other than at designated access drives. Single-family residences are exempt from this requirement.
2. A nonresidential use that is designed to provide 20 or more parking spaces shall have access driveways that are not intersected by a parking aisle, parking space, or another access driveway for a minimum distance of 20 feet from the street right-of-way, to provide a stacking area for vehicles entering and exiting the parking area.
3. A minimum unobstructed clearance height of 14 feet shall be maintained above non-structured parking areas accessible to vehicles. Structured parking areas (i.e., garage parking) shall provide a minimum vertical clearance as required by Zoning Ordinance Section D3-36.H C. Access to adjacent sites. The City may require the design of a parking area to provide vehicle and pedestrian connections to parking areas on adjacent properties, to provide for convenience, safety, and efficient circulation. Where provided, a joint access agreement running with the land shall be recorded by the owners of the abutting properties, as approved by the Zoning Administrator, to guarantee the continued availability of the shared access between the properties.
D. Parking stall dimensions.
1. Minimum dimensions. Each off-street parking stall shall comply with the minimum dimension requirements in Table 3-9. Residential garages and carports shall comply with Subsections D3-35 B. (Minimum dimensions for residential enclosed garages) and D. (Minimum requirements for residential carports), below.
TABLE 3-9 - MINIMUM PARKING STALL DIMENSIONS
Type of Use Type of Space Standard Space
(feet)
Residential
Space in a garage or carport
See Subsections D3-35 B. (Minimum dimensions for residential enclosed garages) and D. (Minimum requirements for
residential carports), below
Uncovered 9 by 19
Nonresidential Angle spaces 9 by 19
All Parallel spaces 9 by 23
2. Vehicle parking space requirements. See Figure 3-17
Figure 3-17 – Parking Facility
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39 Dimensions Diagram
a. Residential development. All required residential parking spaces shall be standard vehicle spaces provided and maintained in compliance with Table 3-10.
b. Nonresidential developments. All required non-residential parking spaces shall be standard vehicle spaces provided and maintained in compliance with Table 3-10 unless authorized under Section D3-30F.
TABLE 3-10 - PARKING FACILITY DIMENSIONS (feet)
ANGLE OF PARKING PARALLEL 20o 30o 40o 45o* 50o 60o 70o 80o 90o "A"
Curb Length
Per Vehicle
Standard 23'0" 26'4" 18'0" 14'0" 12'9" 11'9" 10'5" 9'8" 9'2" 9'0" "B"
Stall Depth Standard 9'0" 15'0" 17'4" 19'2" 19'10" 20'5" 20'5" 21'0" 20'5" 19'0" "C"
Aisle Width All 12'6" 12'0" 12'0" 12'0" 13'0" 15'0" 18'0" 20'0" 25'0" 25'0" "D"
Depth of Two
Stalls
Standard -- 21'5" 26'10" 31'4" 33'2" 34'11" 37'5" 38'9" 39'0" 38'0" "E"
Two Stalls
Plus Aisle
Standard 30'0" 42'0" 46'8" 50'4" 53'8" 55'10" 60'0" 62'0" 65'8" 63'0" E. Minimum parking dimensions.
1. Parking lot circulation requirements.
a. Within a parking lot, circulation shall ensure that a vehicle entering the parking lot need not enter the street to reach another aisle.
b. No backing into public streets is allowed; vehicles shall not enter a public street in a backward motion.
5.3.b
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40 c. Single-family detached residences or a duplex residence, where each unit is served by an individual driveway, may allow vehicles to back out into a public or private street.
2. Drop-off areas required. Each child day care center, institutional, preschool, private educational, or public recreational land use located in a residential zone, or a commercial recreational facility shall provide a drop-off area that may be adjacent to a primary access or aisle.
3. Access widths. Minimum access widths are 12 feet for one-way traffic and 25 feet for two-way traffic.
F. Relation to aisles.
1. Each parking space adjoining a column, wall, or other obstruction higher than six inches shall be increased by two feet on each side of the adjoining column, wall, or other obstruction; provided, the increase may be reduced by three inches for each foot of unobstructed distance from the edge of a required aisle, measured parallel to the depth of the parking space. See Figure 3-18.
Figure 3-18 – Parking space clearanc
2. At the end of a row of parking spaces, the perpendicular parking drive aisle providing access to the row of parking spaces shall extend two feet beyond the required width of the parking space.
3. A parking aisle width may be reduced as shown in Table 3-11 provided the adjacent parking spaces are increased in width as applicable.
TABLE 3-11 - MINIMUM AISLE WIDTH FOR SPECIFIED PARKING ANGLES (1) (feet) Increase in Parking Space
Widths (feet) 90o 75o 60o 45o or less
0.00 25 22.5 18 13
0.25 24 21.5 - -
0.50 23 20.5 - -
0.75 22 19.5 - -
1.00 or more 21 - -
(1) Note: Table 3-11 does not apply to public or private street parking.
D3-32 - Parking Area Screening
A. Parking area screening required. A parking area for five or more vehicles serving a nonresidential use shall be screened from an adjoining residential zone or a ground-floor residential use by a solid
5.3.b
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41 concrete, solid wood, or masonry wall six feet in height, and constructed to withstand a 15-pound per square foot wind load, except that the height of a wall adjoining a required front setback in a residential zone shall be three feet.
B. Carport or open parking area screening required. A carport or open parking area for five or more vehicles serving a residential use shall be screened from an adjoining parcel in a residential zone or a ground-floor residential use by a solid wall or fence six feet in height, except that the height of a wall or fence adjoining a required front setback in a residential zone shall be three feet.
D3-33 - Parking Area Lighting Requirements
A. Outdoor lighting requirements. Outdoor parking area lighting shall not employ a light source higher than 18 feet, shall create no cone of direct illumination greater than 60 degrees from a light source higher than six feet, and shall not directly shine onto an adjacent street or property.
B. Maximum average illumination. Maximum average illumination at ground level within the project boundary shall be in compliance with Table 3-12 Maximum Average Illumination, below.
TABLE 3-12 - MAXIMUM AVERAGE ILLUMINATION
Type of Surface Type of Use
Maximum Average
Illumination within the
Project Boundary
(Foot Candles)
Maximum
Illumination at
Property Line
Light colored surface
(e.g., concrete)
Residential 0.3 0.3
Nonresidential 5.0 0.5
Dark colored surface
(e.g., asphalt/black top)
Residential 0.5 0.5
Nonresidential 7.0 0.5
D3-34 - Parking Lot Landscaping Standards
See Division D3, Chapter II (Landscape Design Standards).
D3-35 - Garage and Carport Design and Location Requirements Garages and carports in residential zones shall comply with the requirements of this Section, whether they are accessory structures or part of a principal structure.
A. Residential garages.
1. Minimum interior dimensions for side-by-side garages. Residential enclosed side-by-side garages shall provide the following clear interior minimum dimensions. a. One-car garage. A minimum of 10 feet wide by 22 feet deep (with 9-foot door opening). b. Two-car garage. A minimum of 20 feet wide by 22 feet deep (with a 16-foot door opening or two 9-foot door openings).
c. Three-car garage. A minimum of 30 feet wide by 22 feet deep (with 9-foot and 16-foot door openings, or multiple 9-foot door openings).
d. Four-car garage. A minimum of 40 feet wide by 22 feet deep (with multiple 9-foot and/or 16- foot door openings).
2. Tandem Parking. Tandem parking may be permitted through issuance of a Minor Use Permit in compliance with Section D6-28 (Use Permits and Minor Use Permits) and shall be designed to meet the following minimum standards.
5.3.b
Packet Pg. 100 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
42 a. Two-car tandem dimension. A clear interior minimum dimension of 10 feet wide by 40 feet deep (with 9-foot door opening).
b. A minimum of 200 cubic feet of storage area in or adjacent to garage.
3. Interior door openings. No interior door shall open into a garage space unless the door will fully open without encroaching into the above specified areas.
B. Residential carports.
1. Carport screening required. Carports shall be designed and located to meet setbacks and so that parked vehicles are screened and not visible from a street.
2. Minimum requirements for residential carports.
a. Each carport shall have minimum dimensions of 9 feet wide by 19 feet deep. b. The width of the carport shall be measured from the inside face of support to inside face of opposite support.
c. The carport solid, waterproof roof shall cover the entire 19-foot length of the space.
C. Setback requirements for garages and carports. Carports and garages shall comply with the setback requirements of the applicable zone.
D3-36 - Additional Standards for Parking Lots and Structures Parking lots and structures shall have directional signs, drainage, fire equipment, lighting, litter collection containers, paving/surfacing, ramp grades, space markings, wheel stops, Electric Vehicle (EV) Charging Stations (accessory), and queuing space for drive-in facilities or ticket dispensing booths or machines in compliance with this Section and which shall be subject to the review and approval of the Zoning Administrator.
A. Sales, storage, etc. prohibited. The parking areas may not be used for the vehicle dismantling, leasing, renting, repair work, sales, storage, or outdoor open sales displays.
B. Drainage. Surface water shall be discharged to natural or engineered off-site drainage facilities and may not drain off or across public or private pedestrian sidewalks, walkways, or areas not designed as drainage facilities. All drainage issues must comply with California Regional Water Quality Control Board Provision C.3.
C. Surfacing requirements.
1. For driveways serving only one single-family dwelling, the parking area shall be surfaced with a minimum of two inches of asphalt concrete over six inches of aggregate base or comparable pavement.
2. For driveways serving more than one single-family dwelling or multi-family unit, the parking area shall be surfaced with a minimum of two inches of asphalt concrete over six inches of aggregate base or comparable concrete pavement.
3. For heavy traffic (e.g. truck) and commercial driveways, the driveway shall be surfaced with a minimum of nine inches thick of class 6 concrete over twelve inches thick of Class 2 aggregate base.
4. All driveways shall be graded and drained to dispose of all surface water accumulated in the area.
5. All parking spaces and maneuvering areas required by this Chapter, and as shown on the approved plans, shall be graded and well-drained in compliance with California Regional Water Quality Control Board Provision C.3, and permanently maintained in a dust-free manner.
D. Double line striping. Each large vehicle parking space shall measure a minimum of nine feet from center to center, with double stripes two feet apart.
5.3.b
Packet Pg. 101 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
43 E. Markings, striping, and identification. All parking-related markings, striping, and identification shall be clearly outlined with four-inch wide lines painted on the parking surface in compliance with this Subsection.
1. Each parking space and parking facility shall be clearly identified by surface markings and shall be maintained in a manner so as to be readily visible and accessible at all times. The markings shall be arranged to provide for orderly and safe parking, loading/unloading, and storage of vehicles.
Markings required to be maintained in a highly visible condition include directional arrows, lettering on signs and in disabled-designated areas, striping, and field color.
2. One-way and two-way accesses into required parking facilities shall be identified by directional arrows. Any two-way access located at any angle other than 90 degrees to a street shall be marked with a traffic separation stripe the length of the access. This requirement does not apply to drive aisles.
3. Where the exit may not be clearly recognizable, directional signs shall be provided to the satisfaction of the Zoning Administrator.
F. Wheel stops/curbing.
1. Continuous concrete curbing at least six inches high and six inches wide shall be provided for parking spaces located adjacent to fences, landscaped areas, property lines, structures, or walls.
2. Individual wheel stops may be provided in lieu of curbing when the parking is adjacent to a landscaped area, and the drainage is directed to the landscaped area, subject to the review and approval of the Zoning Administrator.
3. The curbing or individual wheel stops shall be placed two and one-half feet from the adjoining fence, landscaped area, property line, structure, or wall.
4. When provided, individual wheel stops shall be placed to allow for two feet of vehicle overhang area within the dimension of the parking space.
G. Electric Vehicle (EV) Charging Stations (accessory). Parking lots for commercial, mixed-use, office, or multi-family developments that are available for use by the public are permitted to provide up to 5 percent of the total number of on-site parking spaces with EV Charging Stations. An approved Minor Use Permit is required to exceed 5 percent of the total number of on-site parking spaces with EV Charging Stations, unless the higher EV Charging Stations percentage is required by the State (California Green Building Standards) or local code.
New Construction: New construction of commercial properties exceeding 100 parking spaces or multifamily properties exceeding 100 units shall require the installation of a minimum of 1 EV charging station that can be shared by two parking spaces. For Multifamily developments, the location of the EV charging stations shall be located in common or guest parking areas. If a fee is charged for charging vehicles, the fee shall be based on market conditions for similar EV charging stations within the community.
H. Vertical clearance. Vertical clearance for parking spaces shall be a minimum of seven feet, except that an entrance may be six and two-thirds feet and the front five feet of a parking space serving a residential use may be four and one-half feet.
D3-37 - Driveways and Site Access
Each driveway providing site access from a street, alley, or other public right-of-way shall be designed, constructed, and permanently maintained in compliance with this Section.
A. Number of driveways.
1. Single-family dwellings.
5.3.b
Packet Pg. 102 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
44 a. Each parcel with a single-family dwelling shall:
1. Be allowed only one driveway, except as allowed by Subparagraphs b and c., below; and
2. Have a driveway with a minimum length of 20 feet measured from the back of the sidewalk, or the edge of the right-of-way where there is no sidewalk. The minimum width shall be 10 feet and the maximum driveway throat width shall be 12 feet for a one-car garage, 24 feet for a two-car side-by-side garage, and 36 feet for a three-car or greater side-by-side garage. For garages with a tandem car configuration, the maximum driveway throat width shall be based on the number of side-by-side vehicle spaces with unobstructed driveway access. b. A parcel within the RC and RE zones with a frontage of 200 feet or more may have two separate driveways, or one circular driveway, provided the resulting curb cuts are separated by a minimum distance of 100 feet, or a lesser distance approved by the City Engineer based on consideration of site topography and traffic safety.
c. Total front yard paved area (e.g., driveway, parking areas) shall not exceed 50 percent of the required front setback area.
2. Multi-family and nonresidential projects.
a. A multi-family or nonresidential project shall have no more than two driveways, unless the Zoning Administrator determines that more than two driveways are required to accommodate anticipated project traffic, based on a traffic study.
b.a. Whenever a property has access to more than one street, access shall generally be limited to the lowest volume street, to minimize the traffic impacts of the project. c.b. The minimum width of driveways providing access to multi-family and nonresidential parking spaces shall be in compliance with Table 3-13 (Minimum Driveway Widths), below. The maximum driveway width shall be 30 feet, exclusive of the width of a median divider.
B. Location of driveways. Driveways shall meet the following standards in all zoning districts, except as approved by the City Engineer.
1. Distance from street corner. No driveway shall be located less than 150 feet from the nearest street intersection, as measured from the centerline of the driveway to the centerline of the nearest travel lane of the intersecting street. A lesser distance may be approved by the City Engineer for parcels with street frontages of less than 150 feet.
2. Driveway spacing. Driveways shall be separated along the street frontage as follows:
a. Single-family residential development. Driveways shall be separated by at least six feet, unless a shared, single driveway is approved by the Zoning Administrator. The six-foot separation does not include the transition or wing sections on each side of the driveway; and b. Multi-family and nonresidential development. Where two or more driveways serve the same or adjacent multi-family or nonresidential development, the centerline of the driveways shall be separated by a minimum of 50 25 feet. Exceptions to this standard shall be subject to the review and approval of the City Engineer.
c. Parking access from street. Each residential development must access its own parking directly from the street or alley, except where single-family residential parcels share a driveway.
3. Spaces shall be accessible without re-entering a public right-of-way. a. All spaces in a parking facility shall be accessible without re-entering a public right-of-way. b. The review authority may grant a Minor Use Permit in compliance with Section D6-28 (Use Permits and Minor Use Permits) to allow an exception to the prohibition identified in Subparagraph D3-37.B.3.a., above, but only when it is physically impossible to provide the required access.
5.3.b
Packet Pg. 103 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
45 c. An alley may be used as maneuvering space for access to off-street parking.
4. Access drive required.
a. Where an area used for off-street parking does not abut a public street, an access drive shall be provided in compliance with Table 3-13 (Minimum Driveway Widths), below, connecting the offstreet parking area with a public street. b. The access drive shall be paved in the manner required for off-street parking lots and may not traverse property in a residential zone unless the drive provides access to a parking area serving a use in that residential zone.
c. An access drive shall have a turnaround with an interior radius of 35 feet.
5. Approval of City Engineer required. Entrances and exits including the location, width, and length are subject to the review and approval of the City Engineer.
6. Median strip required.
a. An entrance to a parking area accommodating more than 25 vehicles shall include a median strip. b. The design of the strip shall be subject to the review and approval by the traffic division, and the strip shall be located to eliminate possible cross-traffic within the parking area within 50 feet of the public right-of-way.
c. The applicant may request Zoning Administrator approval of Minor Use Permit modifying this requirement based on the size of the parking area, the circulation plan, and sight and safety considerations of the specific site.
C. Driveway widths and clearances.
1. Driveway widths. Driveways shall have the minimum widths at the gutterline in compliance with Table 3-13 (Minimum Driveway Widths), below, plus a minimum of one foot additional clearance on each side of any vertical obstruction exceeding six inches in height.
TABLE 3-13 - MINIMUM DRIVEWAY WIDTHS (feet)
Type of Use Served
Number of
Parking Spaces
to be Served
Minimum Width of
One-Way Driveways
Minimum Width of
Two-Way Driveways
Residential Uses
6 or fewer spaces 10 feet ---
7 to 24 spaces 12 feet 20 feet
25 or more spaces 15 feet 26 feet
Nonresidential Uses 24 or fewer spaces 12 feet 24 feet* 25 or more spaces 15 feet 30 feet*
Note: Minimum widths of two-way driveways for nonresidential uses are for streets with speed limits greater than 25 m.p.h. (i.e. collectors and arterials).
2. Additional requirements by Zoning Administrator.
a. The Zoning Administrator, in consultation with the City Engineer, may require driveways in excess of the above widths where unusual grade, site, or traffic conditions prevail. b. The Zoning Administrator may also require driveways to be constructed with full curb returns and handicapped ramps as opposed to simple curb depressions. c. Driveways which serve the same parking facility shall be located at least 25 feet apart, measured from the centerline edge of the driveways.
D. Clearances from obstruction. The nearest edge of a driveway curb cut shall be at least three feet from the nearest property line, the centerline of a fire hydrant, light standard, traffic signal, utility pole, or
5.3.b
Packet Pg. 104 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
46 other similar facility. Driveways shall have a minimum overhead clearance of 14 feet in height, except within a parking structure, where clearance may be reduced to 6 feet, 7 inches.
E. Driveway visibility. The visibility of a driveway at its intersection with a street right-of-way shall not be blocked between a height of 30 inches and seven feet, unless approved by the Engineering Services Director, as required by Section D3-6.F (Height limit at street corners and driveways).
F. Surfacing. All access driveways required by this Section, and as shown on the approved plans, shall be graded and properly drained, shall be permanently maintained in a dust-free manner, and shall be paved with at least two inches of asphalt, concrete, or paving units.
1. The Zoning Administrator may authorize the use of other all-weather surfacing, where the Zoning Administrator determines, in consultation with the City Engineer, that the driveway is not needed for pedestrian access, and that the alternative surfacing will not impair accessibility for emergency vehicles. For the purposes of this Section, alternative all-weather surfacing includes turf block and/or other surfacing materials that provide for water infiltration into the ground while providing adequate support for vehicles.
2. Driveways with a slope of 10 percent or greater shall be paved with asphalt or concrete in all cases.
D3-38 - Bicycle and Motorcycle Parking Requirements
A. Bicycle Parking. Each multi-family project and nonresidential land use shall provide bicycle parking in compliance with this Section.
1. Number of bicycle spaces required. Multi-family, retail commercial, and office uses shall provide bicycle parking spaces equal to a minimum of one bicycle space for every 10 motor vehicle spaces, with a minimum of two bicycle spaces.
2. Bicycle parking space location. Bicycle spaces shall be conveniently located near the primary entrance of each structure they are intended to serve.
3. Bicycle parking design and devices. Each bicycle parking space shall include a stationary parking device to adequately secure the bicycle, shall be a minimum of two feet in width and six feet in length, installed and maintained in compliance with City standards. Overhead clearance shall be a minimum of seven feet.
B. Motorcycle parking. Each parking lot with 50 or more motor vehicle parking spaces shall provide motorcycle parking spaces conveniently located near the primary entrance of a structure, accessed by the same aisles that provide access to the motor vehicle parking spaces in the parking lot.
1. Number of spaces required. A minimum of one motorcycle parking space shall be provided for each 50 motor vehicle spaces or fraction thereof.
2. Space dimensions. A motorcycle parking space shall have minimum dimensions of four feet by seven feet.
D3-39 - Loading Space Requirements
A. Number of loading spaces required. Nonresidential uses shall provide off-street loading spaces in compliance with Table 3-14 (Loading Spaces Required), below. Requirements for uses not listed shall be determined by the Zoning Administrator based upon the requirements for comparable uses.
TABLE 3-14 - LOADING SPACES REQUIRED
Type of Land Use Loading Spaces Required
Retail and service commercial activities, eating and drinking establishments, personal service establishments, retail stores, repair shops, and wholesale establishments 0 - 3,000 sq ft 0 space
3,001 - 30,000 sq ft 1 space
5.3.b
Packet Pg. 105 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
47 TABLE 3-14 - LOADING SPACES REQUIRED
Type of Land Use Loading Spaces Required
30,001 - 60,000 sq ft 2 spaces
60,001 - 100,000 sq ft 3 spaces
100,001 sq ft and above As required by the Zoning Administrator.
Lodging (hotel or motel)
0 - 5,000 sq ft 0 space
5,001 - 50,000 sq ft 1 space
50,001 - 100,000 sq ft and above 2 spaces
Manufacturing, storage facility, warehouse, or other industrial uses 0 - 5,000 sq ft 0 space
5,001 - 30,000 sq ft 1 space
30,001 - 60,000 sq ft 2 spaces
60,001 - 100,000 sq ft 3 spaces
100,001 sq ft and above As required by the Zoning Administrator.
Meeting, office, public, and club uses
0 - 5,000 sq ft 0 space
5,001 - 50,000 sq ft 1 space
50,001 - 100,000 sq ft and above 2 spaces
Public building, installation, service structure, or utility; art gallery, auditorium, bus depot, college, library, museum, school, theater, transit station, or other place of public assembly or use which requires recurring delivery of goods by truck.
1 space, plus as required by the Zoning Administrator.
B. Standards for loading areas. Off-street loading areas shall comply with the Building Code specifications and requirements for off-street loading facilities, and shall comply with the following requirements.
The Zoning Administrator may reduce these standards and the requirements of Subsection A., Table 3- 14, and/or require an On-site Delivery Plan, where the Zoning Administrator first determines that the delivery, operating, and shipping characteristics of the use do not require the number or type of loading spaces required by this Section. An On-site Delivery Plan shall identify an on-site loading area (Minimum 12 feet wide, 35 feet long, and 14 feet vertical clearance) and limit the delivery hours to non-business hours of the on-site tenant(s) at the loading area.
1. Location.
a. Loading spaces shall be on the same site for which the loading spaces are required, or an adjoining parcel, and shall be located:
1. Outside of all required setbacks and not facing a public street;
2. As near as possible to the primary structure and within the rear two-thirds of the parcel;
3. To ensure that loading, unloading, and vehicle maneuvers take place on-site; and
4. To avoid adverse impacts upon neighboring residential properties. b. On a site adjoining an alley, a required loading space shall be accessible from the alley unless alternative access is approved by the Zoning Administrator. c. Common loading facilities.
1. The off-street loading facilities required by this Section may be satisfied by the permanent allocation of the identified number of spaces for each use in a common truck loading facility;
5.3.b
Packet Pg. 106 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
48 provided, the total number of spaces shall not be less than the sum of the individual requirements.
2. As a requirement of approval, an attested copy of a contract between the parties concerned providing an agreement to joint use of the common truck loading facility shall be filed with the application for the permit or approval.
2. Not backing across street property lines. A required loading space shall be accessible without backing a truck across a street property line unless the Zoning Administrator determines that the provision of turn-around space is infeasible and approves the alternative access.
3. Shall not prevent access to parking spaces. An occupied loading space shall not prevent access to a required off-street parking space.
4. Dimensions. Loading spaces shall be a minimum of 12 feet in width, 35 feet in length with 14 feet of vertical clearance.
5. Lighting. Loading areas shall have lighting adequate for security and safety. Lighting shall be installed and maintained in compliance with Sections D3-33 (Parking Area Lighting) and D3-7 (Outdoor Lighting).
6. Screening and landscaping required.
a. Loading areas shall be screened from abutting properties and streets with dense landscaping and/or solid decorative masonry walls with a design and height subject to the review and approval of the Zoning Administrator.
b. Where a loading area abuts a street or another site, a landscaped strip of at least eight feet in width shall be planted for screening, and permanently maintained with plant materials subject to the review and approval of the Zoning Administrator; except that within 50 feet of a street intersection, the height of plant materials other than trees shall not exceed 36 inches. c. The Zoning Administrator may require additional screening and/or landscaping.
7. Surfacing. All loading spaces, access driveways, and maneuvering areas required by this Chapter, and as shown on the approved plans, shall be graded and properly drained, shall be permanently maintained with dust-free surfacing, and shall be paved with two inches of asphaltic concrete, or other all-weather surfacing approved by the City Engineer.
8. Striping. All loading spaces shall be clearly striped and identified by the words "Loading Only" painted on the paved surface of the space in four-inch wide white block letters. These markings shall be maintained in a highly visible condition at all times.
9. Loading ramps. Plans for loading ramps and truck wells shall be accompanied by a profile drawing showing the ramp, ramp transitions, and overhead clearances, and shall require City Engineer and Planning review and approval.
10. Air Quality. Delivery vehicles shall be prohibited from idling their engine during loading and/or unloading activities. An electrical connection system may be provided as an alternative to allow for operation of refrigeration systems or other delivery vehicle functions during loading and/or unloading activities.
11. Vehicle repair prohibited. Off-street loading facilities and areas required by this Section shall be maintained for the duration of the use requiring the area, and no repair work or servicing of vehicles shall be allowed in the loading areas.
D3-40 - Designation of Off-Site Parking and Loading Spaces
5.3.b
Packet Pg. 107 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
49 If off-site parking and/or loading facilities are approved by the City in compliance with Subsection D3-26 E. (Location and ownership) above, a recordable covenant, easement, or other agreement (hereafter referred to as the "agreement"), acceptable to the City Attorney, shall be recorded in the County Recorder’s Office to ensure the continued availability of the parking and/or loading facilities.
A. Parties to agreement. The parties to the agreement shall include the owner of the off-site parking/ loading spaces and the owner of the site requiring the parking/loading.
B. Contents. The agreement shall include:
1. Covenants reflecting the City's conditions of approval for the use requiring the parking and/or loading, and the off-site parking and/or loading plan approved by the City;
2. A requirement that the off-street parking and/or loading facilities shall not be used for any other purpose unless the restriction is removed by resolution of the Commission, in compliance with Subsection E., below.
C. Certificate of Occupancy. No Certificate of Occupancy shall be issued until an attested copy of the recorded agreement has been filed with the Department.
D. Loss of off-site spaces.
1. Notification of City. The owner or operator of a business that uses approved off-site spaces to satisfy the parking/loading requirements of this Chapter shall immediately notify the Zoning Administrator of any change of ownership or use of the property where the spaces are located, or of the property for which the spaces are required, and of any termination or default of the agreement between the parties.
2. Effect of termination of agreement. Upon notification that the agreement for the required off-site parking/loading spaces has terminated, the Zoning Administrator shall establish a reasonable time in which one of the following shall occur:
a. Substitute parking/loading is provided that is acceptable to the Zoning Administrator; or b. The size or capacity of the use is reduced in proportion to the parking/loading spaces lost.
E. Commission's action to remove restriction. Upon submission of satisfactory evidence that other offstreet parking and/or loading spaces have been provided in compliance with the requirements of this Chapter, or that the use has ceased, or the structure has been removed or altered so as to no longer require the off-site parking and/or loading spaces, the Commission shall remove the restriction.
D3-41 - Vehicles on Private Property
A. Parking limit in residential zones. No "heavy duty" commercial vehicle shall be parked for more than three hours on private property in a residential zone except:
1. While loading or unloading goods or materials and the time required to complete the work exceeds the three-hour period; or
2. When the vehicle is parked in connection with and in aid of providing a service to or on a property in the block in which the vehicle is parked and time in addition to the three-hour period is necessary to complete the service.
B. Parking limits in non-residential zones. A "heavy duty" commercial vehicle may only be parked on private property within a nonresidential zone when the vehicle is:
1. Parked in an approved off-street parking space or an approved outdoor storage or activity area;
2. Used in connection with and is owned or leased by an approved business located in a nonresidential zone; or
3. The vehicle is loading or unloading goods in connection with a business and is parked for not more than 48 hours.
5.3.b
Packet Pg. 108 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
50 C. Heavy duty defined. For the purposes of this Section a "heavy duty" commercial vehicle shall mean a single vehicle or combination of vehicles having more than two axles, or a single vehicle or combination of vehicles having a manufacturer's gross vehicle weight rating of 12,000 pounds or more.
D. Parking limits on landscape areas. Vehicles shall not be parked within landscape areas.
E. Storage of trailers, RVs, and larger trucks prohibited. No trailer, recreational vehicle, as defined in Division D8, and/or truck not customarily used for personal use shall be stored or parked within a required front setback area; except in a nonresidential zone where limited display areas are authorized through Minor Use Permit approval (see Section D6-28). A recreational vehicle may be stored within an interior side or corner side yard setback if located behind a seven foot fence, thus screened to the maximum extent feasible from the view of the street and adjacent parcels. Temporary parking within the driveway or carport, for the purposes of loading or unloading before or after a trip, shall not exceed a period of 72 consecutive hours. Recreational vehicle owners who have their recreational vehicles parked on the San Ramon property where they reside as of August 25, 2006 may continue to park their recreational vehicles on a paved area within the front yard setback, provided that the following requirements are met:
a. Each owner shall register their vehicle with the City, including submittal of any applicable documentation and payment of any applicable processing fees. b. The parking of each vehicle shall comply with applicable Municipal Code requirements including not overhanging the sidewalk or right-of-way, and this Zoning Ordinance, including required front yard landscaping and sight distance requirements.
c. Each vehicle shall be registered with the City in compliance with this Section within six months of August 25, 2006.
d. The registration with the City shall pertain to the registrant of the vehicle, not the vehicle itself. e. The owner of the vehicle must be a San Ramon resident and must be a resident of the property or the owner of the property where the vehicle is stored.
f. Upon sale of the property, no further recreational vehicle storage will be allowed within the front yard setback area.
g. Upon termination of tenancy, no subsequent tenant will be able to store a recreational vehicle in the front yard setback.
5.3.b
Packet Pg. 109 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D Chapter IV – Signs
Contents:
D3-42 - Purpose of Chapter
A. Purpose of Chapter. The purpose of this Chapter is to provide minimum standards to promote economic viability and enhance the community's appearance by regulating the design, illumination, number, placement, and size of exterior signs and interior signs behind an exterior window(s) if the sign is intended to be visible from the exterior.
B. Purpose of sign regulations. These sign regulations are established:
1. To encourage the effective use ofsigns as a means of communication within the City;
2. To enhance the community appearances by ensuring the highest standards of sign design and construction and minimizing unnecessary visual clutter;
3. To encourage creativity in sign design while minimizing the overall number and size of signs to achieve the desired need for identification and communication;
4. To promote and attract sources of economic development and growth by providing adequate business identity from both vehicular and pedestrian accessways;
5. To protect pedestrian and traffic safety by minimizing confusing and distracting signs and providing clear identity and direction to major office centers, shopping centers, and residential neighborhoods;
6. To minimize the possible adverse visual effects of signs on adjoining residential areas and/or public facilities; and
7. To enable the fair and consistent enforcement of these sign regulations.
D3-42 - Purpose of Chapter
D3-43 - Criteria and Guidelines
D3-44 - Definitions
D3-45 - Exempt Signs - Signs Not Requiring a Sign Permit D3-46 - On and Off-Site Sign Regulations and Guidelines D3-47 - Specific Sign Regulations
D3-48 - Miscellaneous Signs
D3-49 - Illumination of Signs
D3-50 - Prohibited Locations, Sign Types, and Messages
D3-51 - Maintenance, Abandonment, and Removal
D3-52 - Master Sign Program Required
D3-53 - Off-Site Directional Signs
D3-54 - Approvals Required
D3-55 - Required Findings
D3-56 - Sign Permit Required
D3-57 -Owner’s Consent Required
D3-58 - Sign Permit Applications
D3-59 - Building Permit Required
D3-60 - Required Inventory of Illegal or Abandoned Signs D3-61 – Reserved
D3-62– Reserved
D3-63 – Reserved
5.3.b
Packet Pg. 110 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D D3-43 - Criteria and Guidelines
The following criteria should be considered regarding the general location, placement, and design of individual signs:
A. Signs shall be restrained and non-garish in character. Signs shall be restrained in character and no larger than necessary for adequate identification.
B. Signs shall be limited in quantity. Signs shall be limited in quantity to that which is necessary for adequate identification.
Only one sign for each business or business frontage is encouraged; however, an additional sign may be necessary for adequate visibility given the business location within an office park or shopping center and/or the structure's distance from the adjoining public/private streets;
C. Directory signs are encouraged within commercial centers. Directory signs are encouraged within office park and shopping centers to provide direction and identity. They shall not be visible from public streets and should not cause confusion or visual clutter;
D. Signs shall not compete with each other. Signs shall not excessively compete with each other for the public's attention; E. Signs shall serve to identify a name. Signs shall serve to identify a business or establishment’s name. The primary activity or service being provided may also be included if it is necessary to properly identify the business type; F. Signs shall be in proportion and harmonious with the structures they serve. Signs shall be in proportion with the building scale and harmonious with the building design in terms of colors, materials, size, and textures; G. Sign illumination shall be at the lowest level. Sign illumination shall be at the lowest level consistent with adequate identification and readability, and all lighting sources shall be properly shielded and directed onto the sign(s) to avoid glare in compliance with Section D3-49 (Illumination of Signs), below; H. Signs shall be of the highest professional standards. Sign design shall be of the highest professional graphic standards and creativity related to colors, design, materials, size, and textures; I. Free-standing or monument signs are allowed as an entry statement. Free-standing or monument signs identifying one or two structure owners or "anchor" tenants are allowed as an entry statement to an office park or shopping center; J. Temporary signs shall not be larger than permanent signs. Temporary signs shall not be larger in sign face area and/or height than permanent identification signs of a similar type and purpose. The signs shall be incorporated into a monument sign and/or the building wall rather than constructed as a free-standing sign; K. Landscaping shall be protected and enhanced as a visual amenity. Landscaping surrounding free-standing signs shall be protected and enhanced as a visual amenity; and
L. Window displays are encouraged. Window displays rather than window signs are encouraged whenever possible.
D3-44 - Definitions
A-frame sign. A sign structure built in the shape of a capital letter A, usually designed to be moved easily (see Portable sign).
A-frame Sign
Abandoned sign. A sign which no longer identifies or advertises a bona fide activity, business, lessor, owner, product, or service, and/or for which no legal owner can be found.
5.3.b
Packet Pg. 111 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D Advertising/promotional signs. Temporary banners and flags without advertising copy when placed on a structure’s exterior. within an office or shopping area or center to announce a "grand opening", "going out of business", etc., or area/center sponsored special event.
Advertising/promotional window signs. Temporary signs which are installed only on the interior of a window to advertise an event, product, sale, and/or services provided.
Animated sign. (see also and note difference from "Changeable sign") A sign or display using kinetic or illusionary motion by electrical, manual, mechanical, natural, or other means. Animated signs include the following types:
1. Electrically energized Illuminated signs whose motion or visual impression of motion is caused by electrical means.
Electrically energized animated signs are of two types:
a. Flashing signs. Signs with a repeating illumination from one or more sources and in which the intensity of illumination varies from zero (off) to 100 percent (on) during the programmed cycle. b. Illusionary movement signs. Signs with the illusion of movement created by a repeating action in which the sign is turned on or off to give the impression of blinking, chasing, running, and/or twinkling light patterns.
2. Mechanically energized. Signs with a repeating physical movement activated by mechanical means.
3. Naturally energized. Wind-driven signs include banners, flags, metallic disks, pennants, spinners, streamers, or other similar devices designated to move in the wind.
Architectural Review Board. Referred to in this Chapter as the ARB. (See Section D6-22 [Architectural Review]).
Awning. A shelter projecting from and supported by the exterior wall of a structure constructed of non-rigid materials on a supporting framework.
Awning sign. A sign painted on, printed on, or attached flat against the surface of an awning (See Canopy sign, below).
Awning Sign
Back lit awning. (See Electric awning sign, below).
Banner sign. Any sign of lightweight fabric or similar material that is securely mounted to a pole or a building wall by a permanent frame at one or more edges. National flags, State or municipal flags, or the official flag of any institution or business shall not be considered banners (See Pennants, below).
Billboard. A sign or advertising structure used as an outdoor display which is securely affixed to the ground. (See Off-site sign, below).
Blade sign. A sign, identifying single tenant within a shopping center, which typically projects perpendicular from a building wall adjacent to the tenant entrance by a bracket no less than the required clearance above grade. (See Projecting Sign).
Broker’s open house sign. A temporary real estate sign which announces that a real estate professional is conducting an open house where interested individuals can visit and tour the premises.
Building. Any roofed structure supported by and enclosed by walls for the shelter or storage of persons and/or, property.
Referred to in this Chapter as structure. See the Uniform Building Code for definition.
5.3.b
Packet Pg. 112 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D Building Frontage. The distance that any individual building or tenant wall or site extends along a public or private rightof-way on which it borders.
Canopy (structure). A rigid multi-sided structure covered with fabric, metal, or other material and supported at a building wall at one or more points, and by columns or posts embedded in the ground at other points. May be illuminated by means of internal or external sources. (See Electric awning sign and theater marquee, below).
Canopy (free-standing). A rigid multi-sided structure covered with fabric, metal, or other material and supported by columns or posts embedded in the ground. May be illuminated by means of internal or external sources. (See Canopy, structure, above).
Canopy sign. A sign affixed or applied to the exterior facing surface(s) of a structure or free-standing canopy. (See Awning sign, above).
Changeable sign. A sign whose informational content can be altered or changed by electric, electro-mechanical, electronic, or manual means. Changeable signs include the following types:
1. Electrically activated. Signs whose alphabetic, pictographic, or symbolic informational content can be altered or changed on a fixed display surface composed of electrically illuminated or mechanically driven changeable segments. Includes the following two types:
a. Computer controlled variable message electronic signs. Signs whose informational content can be altered or changed by means of computer-driven electronic impulses. b. Fixed message electronic signs. Signs whose basic informational content has been pre-programmed to include only certain types of information projection (e.g., predictable traffic conditions, temperature, time, or other events subject to prior programming).
2. Manually activated. Signs whose alphabetic, pictographic, or symbolic informational content can be altered or changed by manual means.
City. Unless the context clearly discloses a contrary intent, the word "City" shall mean the City of San Ramon.
Clearance (of a sign). The smallest vertical distance between the grade of the adjacent highway, street, or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.
Commercial/retail center. Any nonresidential grouping of structures or uses occupied by three or more tenants which are connected by architectural treatment, shared access roads, and/or a commonality of use. Includes public/semi-public complexes. This use is typically neighborhood-serving in nature.
Commercial/retail area. A commercial/retail area either consisting of, or which has the potential for, 200,000 gross square feet or greater leasable tenant space via aggregation with adjoining commercial centers and/or properties which have a distinct geographical identity within the City. These areas can be either neighborhood serving and/or community serving in nature depending upon location, size, and tenants, and have frontages on one or more arterial street(s).
Construction sign. A temporary sign identifying an architect, contractor, developer, and/or material supplier participating in construction on the property on which the sign is located.
Copy. The graphic content of a sign surface in either permanent or removable letters, in alphabetic, pictographic, or symbolic form.
Directional/information sign. An on-site incidental sign giving directions, instructions, or facility information (e.g., entrance, exit, or parking signs).
Directory sign. A free-standing or wall sign intended to identify two or more tenants of a specific site, and located to direct pedestrian circulation within an office park and/or commercial/retail center or area. The signs are intended for pedestrian assistance and not for providing directional assistance to motorists, and should not, therefore, be visible from the public street.
Double-faced sign. A sign with two faces, essentially back-to-back, or a "V" shaped sign structure. (See Multiple-faced sign, below)
Electric awning sign. (Also known as back lit awning). An internally illuminated awning or canopy structure which is constructed of a flexible, reinforced, and translucent covering, with graphics or copy applied to the visible surface of the
5.3.b
Packet Pg. 113 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D awning.
Facade. The entire building wall including the parapet.
Flashing sign. (See Animated sign, electrically energized, above) Free-standing sign. A sign supported permanently upon the ground by braces or poles and not attached to any structure. (See also Monument sign, below)
Garage Sale signs. Any sign pertaining to a garage sale or a community garage sale.
Gasoline price signs. Signs which are intended to advertise gasoline and other motor fuel prices in compliance with the requirements of the State Business and Professions Code.
Government sign. Any sign erected and maintained by the City, County, State, or Federal government for traffic direction or for designation of or direction to any historical site, hospital, public service, or school, facility or property.
Height (of a sign). The vertical distance measured from the highest point of the sign, excluding architectural embellishments (e.g., decorative cornices, trim, etc.), to the grade of the adjacent street or the surface grade beneath the sign, whichever is less. (See and compare Clearance, above) Sign Height
Illegal sign. A sign(s) which has been installed without the required City approvals, and/or which has not received a nonconforming status.
Illuminated sign. A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
Incidental sign. A small decal, emblem, or sign informing the public of facilities, goods, or services available on the premises (e.g., credit card sign or a sign indicating hours of business).
Lot. A parcel of land legally defined on a subdivision map recorded with the Assessment Department or land registry office, or a parcel of land defined by a legal record or survey map.
Maintenance. For the purposes of this Chapter, the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign.
Mansard. A sloped roof or roof-like facade architecturally comparable to a building wall.
Maximum allowable sign face area. The total area allowed for a single face of a sign. (See Table 3-13 [On-site and Offsite Maximum Sign Standards], below).
Calculation of Sign Face Area
5.3.b
Packet Pg. 114 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D Monument sign. A free-standing sign mounted directly to the ground on a solid base or pedestal or mounted to a wall which is not a building wall (e.g., soundwall) which is intended to identify the name and/or logo of a commercial office or shopping center or residential neighborhood. The signs are intended to provide identification to motorists and may therefore be visible from the public street.
Monument Sign
Multiple-faced sign. A sign containing three or more faces, not necessarily in back-to-back configuration. (See "V" sign, below)
Nonconforming sign.
1. A sign which was erected legally, but which does not comply with subsequently enacted sign restrictions and regulations related to height, location, quantity, setbacks, sign face area, etc.
2. A sign which does not conform to these sign requirements, but for which a special permit has been issued, or a Master Sign Program has authorized.
Occupancy. The portion of a structure or premises leased, owned, rented, or otherwise occupied for a given use.
Off-site sign. Any sign structure (e.g., billboard) identifying a facility, use, product, or service which is not located, sold, or manufactured on the same premise as the sign. or which identifies a product, service, or use by a brand name which, although sold or manufactured on the premise, does not constitute the principal item for sale or manufactured on the premise.
Off-site directional sign. A sign which provides directional assistance to a commercial/retail area, residential subdivision, or multi-family residential development of 100 units or more, and/or a business, premises, or site not having direct frontage upon a public/private street.
On-site sign. A sign which pertains to the use of the premises and/or property on which it is located.
Outdoor advertising display. Advertising of a retail item with a sign and accompanying display (e.g., advertisement on a product dispenser, etc.)
Painted wall sign. Any sign which is applied with paint or similar substance on the surface of a wall.
Parapet. The extension of a false front or wall above a roof eave.
Pennant. Any light-weight fabric, plastic, or other material whether or not containing a message of any kind, suspended from a rope, string, or wire, usually in series, designed to move in the wind. (See Banners, above) Penthouse sign. Any sign which is affixed to a roof-mounted mechanical equipment storage area.
Political sign. A temporary sign used in connection with a local, State, or national election or referendum.
Portable sign. Any sign designed to be moved easily and not permanently affixed to the ground or to a structure (e.g., an A-frame sign).
Projecting sign. A sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign.
Public bus shelter sign. A sign located on a structure erected and maintained at official stops for a public transportation agency to protect their riders from the weather at transit stops.
Public information sign. Any sign intended primarily to promote items of general interest to the community (e.g., special community events) or traffic control, including warning signs, which are erected by a governmental agency.
Real estate sign. A temporary sign advertising the real estate upon which the sign is located as being for lease, rent, or sale. May also include "open house" real estate signs.
5.3.b
Packet Pg. 115 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D Roofline. The top edge or ridge of a roof or building parapet, excluding chimneys, cupolas, or minor projections.
5.3.b
Packet Pg. 116 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D Roof sign. Any sign mounted to a roof above a roof eave, but not projecting over the roofline of a structure. (Compare with Mansard and Wall sign)
Rotating sign. (See Animated sign, mechanically energized, above.) Sign. Any device, fixture, placard, or structure using graphics, symbols, and/or written copy and decorative flags and pennants, without graphics, symbols, or written copy, for the primary purpose of identifying, providing directions, or advertising any establishment, goods, products, or services.
Projecting Sign
Sign, area of.
1. Projecting and free-standing. The area of a free-standing or projecting sign shall have only one side of any double- or multi-faced sign counted in calculating its area. The area of the sign shall be measured as follows if the sign is composed of one or more individual cabinets (see graphic at Maximum allowable sign face area, above):
A rectilinear line of not more than eight sides shall be drawn around and enclosing the perimeter of each cabinet or module. The area shall then be summed and totaled to determine total area. The perimeter of measurable area shall not include embellishments (e.g., decorative roofing, framing, support structures, etc.); provided, there is no written advertising copy on the embellishments.
2. Wall or window. The entire sign area shall be within a single, continuous perimeter composed of any rectilinear line drawn around and enclosing the perimeter of the extreme limits of the advertising message.
Sign Permit. All signs regulated by this Chapter shall be approved by issuance of a Sign Permit in compliance with Section D3-56 (Sign Permit Required) before installation, unless specifically exempted from permit requirements.
Special events sign. A temporary sign or banner placed on the exterior of a structure which is intended to advertise seasonal events or special exhibitions which include agricultural sales, arts and crafts shows, Christmas tree sales, circus/carnivals, and civic/community events.
Subdivision identification sign. Any free-standing or wall sign identifying a residential subdivision or condominium complex, or multi-family residential development consisting of 100 or more units. (See also Off-site directional signs) Temporary sign. A sign not constructed or intended for long-term use. Typically constructed of lightweight fabric or similar material (e.g., a banner).
Theatre marquee. A permanent roof-like structure or canopy of rigid materials supported by and extending from the facade of a theatre building. (See Awning and Canopy, above) Theatre marquee sign. Any sign attached to orsupported by a theatre marquee structure.
Traffic safety visibility area. The area of a corner lot closest to the intersection which is kept free of visual impairment to allow full view of both pedestrian and vehicular traffic. No sign in excess of 30 inches in height nor support pole larger than 12 inches in diameter may be installed in this area, unless approved by the Engineering Services Director. Freestanding signs shall have at least seven feet clearance to grade when located within a required traffic safety visibility area. (See Section D3-6.E (Height limit at street corners.)
5.3.b
Packet Pg. 117 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D Traffic Safety Visibility Area
V-sign. A sign consisting of two essentially equal faces, positioned at an angle extending less than 179 degrees. (See also Multiple-faced signs, above)
Wall sign. A sign attached to and essentially parallel with the wall of a structure with no copy on the sides or edges. This definition includes awning, cabinet, canopy, individual letter, and painted signs.
Window display. An arrangement of merchandise, pictures, products, and/or symbols or combination thereof inside a window or structure interior which is intended to be viewed from the exterior to communicate information about the business, services, or special advertising or events.
Window sign. A permanent sign inside a window which is intended to be viewed from the exterior to identify a business establishment, hours of operation, and/or services provided. Window signs may include painted-on or wrap-on letters, scenes, pictures, symbols, opaque materials, and/or window tint.
Window sign
D3-45 - Exempt Signs - Signs Not Requiring a Sign Permit The following signs are exempted from ARB, the Zoning Administrator, and/or Commission review unless otherwise noted, or unless authorized as part of a Master Sign Program in compliance with Section D3-52, below:
A. Advertising/promotional window signs. Temporary advertising/promotional window signs or displays when placed to announce an event and provided it is installed for a period not exceeding 21 consecutive calendar days within each calendar quarter. (See Subsection D3-47 M. [Temporary advertisement/promotional window signs]) B. On-site Residential Advertising/promotional signs. Signs within any residential zone which are intended to identify an event, product, sale, and/or serviceannounce an event and provided it is installed for a period not exceeding 21 consecutive calendar days within each calendar quarter shall be:
1. Limited to four square feet in total sign face area and five feet in maximum height measured from the top of the sign to the ground directly below it.
2. Limited to one sign for each residential property, unless additional signs are authorized by the Zoning Administrator as necessary for proper identification.
3. Located outside of the front setback area.
4. Not associated with a Home Occupation or Cottage Food Operation.
A. Signage shall also be in compliance with Prohibited Locations, Sign Types, and Messages (Section D3-50).
B.C. Blade signs. Blade signs and other similar non illuminated wall signs not over two square feet in area, displaying the name and/or the address of the tenant located in close proximity to each tenant space when authorized by a Master
5.3.b
Packet Pg. 118 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D Sign Program (Section D3-52) or when identifying tenants within a site having five or less nonresidential tenants. The signs shall be limited to one sign for each tenant.
C.D. California State Lottery signs. Signs for the California State Lottery, approved by the Lottery Commission for display by Lottery Game Retailers.
D.E. Commemorative signs. Names of structures, dates of erection, and commemorative tablets, when carved into concrete, stone, or similar material or made of aluminum, bronze, or other permanent type material and made an integral part of the structure. The signs shall not exceed four square feet in sign area and shall not be illuminated.
E.F. Commercial and industrial real estate signs. Temporary on-site commercial and industrial real estate signs when authorized by a Master Sign Program (See Section D3-52), on a site with five or less nonresidential tenants, and when limited to one sign for each site or structure. (See Section D3-47 I. [Temporary on-site commercial real estate signs]).
These signs shall comply with the street and traffic safety visibility area and height requirements.
5.3.b
Packet Pg. 119 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D F.G. Construction signs. Temporary construction signs. (See Section D3-47 K. [Temporary construction signs]) G.H. Directional/informational signs. Directional/informational onsite parking and other directional signs, not exceeding one double faced sign for each entrance, or two square feet in sign area, with letters or symbols not exceeding five inches in height. The signs shall not exceed a height of 42 inches, not be located within 10 feet of another freestanding sign, and shall be setback from the driveway entrance at least five feet.
H.I. Garage sale sign. One on-site sign and a maximum of four off-site signs on private properties are allowed on the days of the event from 7:00 a.m. to 4:00 p.m. The maximum size of a sign shall be 6 square feet, maximum 3 feet in height or width. The content on a sign shall be limited to the date, the time, and the address of the event and a directional arrow.
I.J. Gasoline price signs. Gasoline and other motor fuel price signs in compliance with the State Business and Professions Code.
J.K. Government flags. United States, State of California, or City government flags which shall be mounted or flown (e.g., maximum pole height) no higher than the maximum structure height and shall be setback a distance equivalent to the front or street side setback for the subject zone. While exempt from a sign permit, the flag pole or other support shall be subject to the issuance of a Building Permit.
K.L. Holiday lights and devices. Holiday lights and similar devices not advertising a product or sale erected no sooner than 45 calendar days before the holiday and removed within 14 calendar days following the holiday.
L.M. Incidental signs with no letters exceeding three inches. Incidental and window signs having no letters or symbols exceeding three inches in height; provided, the maximum window coverage does not exceed 20 percent of the overall window area, while maintaining a clear interior view for the lower third of the window area for police and private security surveillance. These may be illuminated or non-illuminated and indicate that a tenant is either "open" or "closed" for business, service offered, hours of operation, and/or the address. (See Section D3-47 B. [Window signs]). Does not include signs or displays using kinetic or illusionary motion by electrical, manual, mechanical, natural, or other means. (See Section D3-44 [Animated Signs]).
M.N. Interior signs. Signs within the interior of a structure which are not readily visible from the exterior.
N.O. Mass produced product signs. Signs manufactured as a standard, integral part of a mass produced product accessory to a commercial, public, or semipublic use, including automated teller machines (ATMs), gasoline pumps, telephone booths, and vending machines.
O.P. Political signs. Temporary political signs when a letter of responsibility has been filed with the City Clerk. (See Section D3-47 J. [Temporary political signs])
P.Q. Public information signs. Public information and governmental signs erected by a public agency.
Q.R. Residential real estate signs. Temporary on-site residential real estate signs when limited to one sign for each residential site or property. (See Section D3-47 F. [Temporary on-site residential real estate signs]) R.S. Scoreboard changeable copy signs. Electronically activated or fixed message changeable copy signs for scoreboards on public school properties.
S.T. Street address numbers. Street address numbers conforming to TITLE C, Division 2, (Building Security) of the Municipal Code.
D3-46 - On and Off-Site Sign Regulations and Guidelines A. Applicability. Table 3-15 (On- and Off-Site Maximum Sign Standards) identifies the maximum allowable sign face area, development standards, and guidelines applying to signs visible from a public or private right of way for each zone. This Table is a summary of the regulations only and the letters in parentheses in the last column reference specific regulations within Section D3-47 following the table or located elsewhere in this Zoning Ordinance.
B. Exceptions. A Master Sign Program may supersede the regulations of this Chapter in compliance with Section D3-52; and a Master Off-Site Directional Sign Program may supersede the regulations of this Chapter in compliance with Section D3-53.
5.3.b
Packet Pg. 120 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D TABLE 3-15 - ON-SITE AND OFF-SITE MAXIMUM SIGN STANDARDS Type of Sign
AG; GC; M-1;
M-2; P; PD; PS;
OS
RR; RE;
RS
RM;
RMH;
RH
OA;
MW
OL; CC; CCMU; MC;
CR; CT; CS; MU
Specific
Regs.
(D3-47)
ON-SITE
Wall Signs
0.75 sf per one
linear foot of bldg.
frontage, up to a
max. of 75 sq. ft. of
sign area. Limited to
only one sign for
each wall
(SAME) (SAME) (SAME) (SAME) A and PQ
Window Signs 20% of window area (SAME) (SAME) (SAME) (SAME) B Roof Signs Same as Wall Signs (SAME) (SAME) (SAME) (SAME) C Portable Signs Section D3-47 N. (SAME) (SAME) (SAME) (SAME) N Office Identification
Same as Wall Sign
(1 bldg.
identification sign
for each wall)
(SAME) (SAME) (SAME) (SAME) Q
Free-Standing
(monument) Per ARB
3.5' height
12 sf face
1 persite
frontage
1 per
corner lot
5' height
12 sf face
(SAME)
(SAME)
12' height
30 sf face
(SAME)
(SAME)
8' height
30 sf face
(SAME)
(SAME)
D
Freeway-Oriented BuildingMounted
Limited to 1 wall
sign pertenant on a
building wall
NONE NONE (SAME) (SAME) R
Freeway-Oriented Business Park
Identification Section D3-47 S. NONE NONE (SAME) (SAME) S Public Transit Shelter Signs Section D3-47 TU. (SAME) (SAME) (SAME) (SAME) U Changeable Signs Allowed only in P &
PS Zones subject to
Sections D3-47 A, B,
C, and D
NONE NONE NONE NONE A, B, C, and D
TEMPORARY
On-Site Residential Real Estate
4 sf face area
5 ft. height
1 per site
(SAME) (SAME) (SAME) (SAME) F
On-Site Commercial Real Estate
12 sf face area
5 ft. height
1 per site
(SAME) (SAME) (SAME) (SAME) I
Political 32 sf face area
8 ft. height (SAME) (SAME) (SAME) (SAME) J
Construction
32 sf face area
10 ft height
1 per site
(SAME) (SAME) (SAME) (SAME) K
Advertising/
Promotional and Identification
12 ft. height
1 per tenant
(SAME)NON
E
(SAME) (SAME) (SAME) L, M, and P
Special Events Per Special Events
Permit (SAME) (SAME) (SAME) (SAME) O
Off-Site Real Estate Residential and
Special Events
6 sf face area
3 ft. height (SAME) (SAME) (SAME) (SAME) G
Off-Site Subdivision
Directional
6 sf face area
3 ft. height (SAME) (SAME) (SAME) (SAME) H
OFF-SITE
Off-Site Directional Section D3-53 (SAME) (SAME) (SAME) (SAME) E (Ord. No. 496, § 2, 01/28/2020)
5.3.b
Packet Pg. 121 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D Effective on: 1/11/2024
5.3.b
Packet Pg. 122 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D D3-47 - Specific Sign Regulations
All signs identified in this Section shall comply with the applicable sign standards and regulations identified below. All non-exempt signs shall be reviewed in compliance Section D3-54 (Approvals required) below.
A. Wall signs shall be:
1. Located below a parapet or roofline.
2. Not project greater than 12 inches from the face of the structure, except for awning signs.
3. Allowed on spires, towers, or other architectural features as identified in this Chapter when the sign is an integral part of the building design and does not project above a roofline. Any sign(s) higher than the maximum structure height limit allowed in the subject zone, shall be subject to approval by the Commission (or as part of a Master Sign Program). (See Section D3-52, below)
4. Limited to a maximum of 0.75 square feet for each one linear foot of building frontage (or each building frontage if there is more than one frontage) up to a maximum of 75 square feet of total sign face area. Limited to only one wall sign for each wall. Wall signs may exceed the maximum allowed sign face area when the Planning Commission grants an exception in compliance with the following:
a. The proposed exception conforms as closely as practical to the regulations governing sign area limitations; b. The proposed exception is consistent with the purposes and policies of these sign regulations; c. The strict adherence of the sign regulations does not allow adequate identification of the subject site or structure because of the site's location, or because the proposed business is obscured from view by adjacent structures or vegetation;
d. The sign is in proportion to the wall/window area; and e. Wall signs shall be limited to one sign for each structure street frontage. One additional wall sign may be allowed if the primary customer entrance is not on the wall facing the street.
B. Window signs shall be:
1. Designed to ensure that the total area of all window signs, including exempt signs, shall be limited to 20 percent of a tenant’s total window area for each wall.
2. Fabricated to the highest standards of sign design and construction.
3. Positioned in a fashion so that they do not obscure the vision of the indoor activities by law enforcement personnel.
C. Roof signs shall be:
1. Located below a parapet or roofline. Theater marquee signs and/or signs on a sloped or pitched roof (e.g., a gabled roof) may project above a roof eave, but shall be below a roofline. (See also Theatre or cinema signs, Subsection D3- 47 T. (Theatre or cinema signs) below)
2. Subject to the same sign area regulations identified for wall signs in Section D3-47 A. (Wall signs) above.
D. Free-standing or monument signs shall be:
1. Limited in height and total sign face area allowed in the subject zone (See Table 3-15 [On- and Off-Site Maximum Sign Standards], above), and shall not be closer than 30 feet to another free-standing and/or monument sign unless authorized by the Planning Commission.
2. Limited to one sign for each site frontage. Corner parcels, when not developed as part of a contiguous commercial, office, and /or residential development, shall be limited to one free-standing sign. Additional signs may be authorized by the Zoning Administrator when necessary for proper identification.
3. Designed to include the structure/complex name, leasing information, address, and up to two “anchor” tenants, unless additional tenant names are allowed under the Master Sign Program. The leasing information shall be incorporated as part of the monument sign. The total number of tenant names and other signs shall be determined in compliance with a Master Sign Program for any site having six or more nonresidential occupants/tenants. (See Section D3-52, below)
4. The directory style signs shall not be visible from a public street or right of way.
5. Designed to ensure that the sign(s) are not located over, or encroach into, a public right-of-way.
6. Placed within a required landscaped area. The Zoning Administrator may require supplemental landscaping to enhance the sign and streetscape appearance.
5.3.b
Packet Pg. 123 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D
7. In compliance with the requirements of Sections D3-37 (Driveways and Site Access).
8. Designed with creativity in mind, subject to the approval of the ARB and Zoning Administrator.
9. Subject to a Master Sign Program if required by this Chapter. (See Section D3-52, below) E. Off-site signs shall be:
1. Off-site signs, as that term is defined in Section D3-44 (Definitions), above, advertising an establishment, event, or product shall not be allowed except as specified by this Chapter. (See Subsections G. [Temporary off-site residential real estate signs] and H. [Temporary off-site subdivision directional signs], below)
2. The Planning Commission may authorize an off-site identification sign for a business, premise, or property not having direct frontage or visibility upon a public/private street. (See Section D3-54 B. [Planning Commission review and action], below)
F. Temporary on-site residential real estate signs shall be: Signs within any residential zone which are intended to identify a residential "open house" or residential property for lease, rent, or sale shall be:
1. Limited to four square feet in total sign face area and five feet in maximum height measured from the top of the sign to the ground directly below it.
2. Limited to one sign for each residential property, unless additional signs are authorized by the Zoning Administrator as necessary for proper identification.
3. Installed on the residential property to identify “for lease” or “sale”, and not located within any public street right-ofway. The Zoning Administrator may authorize the placement of the sign within the public street right-of-way only when there is no alternative location with ready appearance from the public street right-of-way and then only when an Encroachment Permit is authorized by the City Engineer.
4. Displayed no longer than seven calendar days after the property is no longer offered for lease, rent, or sale. "Lease/rent" shall mean occupancy by a tenant and "sale" shall mean close of escrow.
5. Subject to a Master Sign Program if required by this Chapter. (See Section D3-52, below) G. Temporary off-site residential real estate signs. Portable off-site residential real estate signs within any residential zone which is intended to provide directional assistance for a broker's "open house" shall be:
1. "A-frame" in design. "Stick signs" are strictly prohibited.
2. Limited to 48 inches in height and six square feet in total sign face area.
3. Allowed only on the weekends and removed no later than Sunday at sunset. However, the signs may be used on Thursdays and Fridays between the hours of 9:30 a.m. to 2:00 p.m. for broker's open house only, unless otherwise specified by the Zoning Administrator.
4. Placed behind the sidewalk, and shall not encroach within the public rights-of-way (e.g., bicycle paths, medians, or sidewalks). Signs shall not be placed on fences, utility poles, or walls.
5. Allowed only for residential real estate developments that are located within the City of San Ramon.
6. Limited to one sign for each direction at any intersection for each real estate company regardless of the number of listings located in that direction.
7. Limited to a maximum combined total of eight temporary off-site residential real estate signs and temporary off-site subdivision directional signs at major arterial/collector street intersections; provided, motorist visibility is not obstructed. Signs on secondary or residential street intersections shall be limited to a maximum combined total of four temporary off-site residential real estate signs and temporary off-site subdivision directional signs; provided, motorist visibility is not obstructed.
8. Designed to include directional arrows on each sign.
H. Temporary off-site subdivision directional signs. Portable off-site residential subdivision signs which provide directional assistance only shall (See also Off-site directional signs - Section D3-53, below) be:
1. "A-frame" in design. "Stick signs" are strictly prohibited.
2. Limited to 48 inches in height and six square feet in total sign face area.
3. Allowed only on weekends between Saturday at 9:30 a.m. and removed no later than Sunday at sunset.
4. Placed behind the sidewalk, and shall not encroach within the public rights-of-way (e.g., bicycle paths, medians, or sidewalks). Signs shall not be placed on fences, utility poles, or walls.
5.3.b
Packet Pg. 124 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D
5. Allowed only for developments that are located within the City of San Ramon or the City's Sphere of Influence.
6. Removed when the remaining, unsold units are turned over to brokers for disposal, or within a 90-day period following the approval of a Master Off-Site Directional Program in compliance with Section D3-53, whichever first occurs.
7. Not be visible from a freeway or along the freeway's on-/off-ramps.
8. Limited to:
a. One sign for each direction, at any intersection for each subdivision; b. Eight signs for each subdivision, placed not less than 1,000 feet apart; and c. A maximum combined total of eight temporary off-site residential real estate signs and temporary off-site subdivision directional signs at major arterial/collector street intersections; provided, motorist visibility is not obstructed. Signs on secondary or residential street intersections shall be limited to a maximum combined total of four temporary off-site residential real estate signs and temporary off-site subdivision directional signs; provided, motorist visibility is not obstructed.
9. Designed to include directional arrows.
I. Temporary on-site commercial real estate signs. Temporary on-site commercial real estate signs which are intended to identify a commercial, office, or industrial property for lease, rent, or sale shall be: (See Subsection D3-45 E. [Commercial and industrial real estate signs], above)
1. A maximum of 12 square feet in total sign face area and five feet in maximum height measured from the top of the sign to the ground directly below it. When situated within 30 feet of a permanent monument sign, the maximum sign face area of the temporary sign shall be reduced to 50 percent of the adjoining monument sign face area.
2. Limited to one sign for each site or structure, unless additional signs are authorized by the ARB and Zoning Administrator when necessary for proper identification.
3. Located on the site it is identifying for lease, rent, or sale and not located within any public street right-of-way.
4. Not be visible from a freeway or along the freeway's on-/off-ramps.
5. The Sign Permit shall clearly identify the specific suite, site, or structure for which the permit is issued to ensure compliance with Subparagraph 6 below.
6. Removed no later than 30 days from the issuance of building occupancy unless authorized by an approved Master Sign Program. (See Section D3-52, below)
7. Subject to a Master Sign Program if required by this Chapter before building occupancy. (See Section D3-52, below) J. Temporary politicalsignsshall:
1. Pertain to a ballot measure, candidate, or issue to be voted upon within 90 calendar days of the initial date of posting.
2. Be no larger than 32 square feet in total sign face area and have a maximum height of eight feet measured from the top of the sign to the ground directly below it.
3. Not be placed within the public right-of-way or visible from a freeway or along the freeway's on-/off-ramps.
4. Be removed within seven calendar days following the election.
5. Comply with the requirement that the party responsible for the sign's removal shall, before the sign's installation, file a statement of responsibility with the City Clerk certifying that the temporary political sign will be removed within the required time limits identified in this Subsection.
K. Temporary construction signsshall be:
1. No larger than 32 square feet in total sign face area and maximum 10 feet in height measured from the top of the sign to the ground directly below it.
2. Limited to one sign for each project. and may identify only the name of the project and the general contractor and/or development company sponsoring the work in-progress as well as one telephone number for each sponsor.
3. Located on the same site as the construction work in progress.
4. Removed upon final certificate of building occupancy or as required by the Zoning Administrator.
5.3.b
Packet Pg. 125 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D L. Temporary advertising/promotional signs. Advertising/promotional signs which are intended to advertise an event, product, sale, and/or service advertise or promote a tenant "grand opening", relocation, "going out of business", etc. or a special event within and sponsored by a shopping center/area (e.g., a "sidewalk" sale) or special seasonal sales event (e.g., "back to school" sale), shall be:
1. A banner, flag, pennant, or other similar device without advertising copy other than the tenant and/or center name, and the announcement of the aforementioned allowed events and shall be placed on the structure exterior and secured to or suspended from a building wall or flag pole. The signs and/or flags shall not be affixed/attached to a fence, roof, screen wall, or tree. Tethered balloons and inflatable signs are prohibited.
2. Limited to one sign for each tenant and a maximum of two commercial center-sponsored signs for each commercial center or area.
3. Limited to a 21 consecutive day installation period for each event and a maximum of once each calendar quarter.
4. Professionally designed and fabricated from durable and weatherproof materials.
5. Limited to 12 feet in height measured from the top of the sign to the ground directly below it.
6. Located to ensure that the sign does not block required pedestrian and/or vehicle accessways, create safety hazards, and/or obstruct signs identifying adjoining establishments.
7. Subject to a Master Sign Program if required by this Chapter. (See Section D3-52, below) M. Temporary advertisement/promotional window signs. Signs which are installed on a temporary basis only on the interior of a window to advertise an event, product, sale, and/or services shall be:
1. Limited to 21 consecutive days within each calendar quarter, except they are allowed without the 21-day time restriction between the day before Thanksgiving through January 2nd of the following year.
2. Subject to the window coverage requirements of this Chapter. (See Subsection D3-47 B. [Window signs], above)
3. Located to ensure that the sign does not block or impede the line-of-sight or surveillance as required by Section D3- 47 B. [Window signs], above.
4. Subject to a Master Sign Program if required by this Chapter. (See Section D3-52, below) N. Portable signs. Portable signs which are intended to provide directional assistance to a tenant space within a commercial zone shall be:
1. Located within proximity of the tenant's primary entrance, limited to one sign for each tenant, and shall not be visible from a public street.
2. The maximum sign area shall not exceed 48 inches high by 30 inches wide.
3. Subject to a Master Sign Program if required by this Chapter. (See Section D3-52, below)
4. Prohibited within any location which would block and/or impede vehicular/pedestrian travelways or walkways, obstruct signs identifying adjoining establishments, and/or placed within any required setback or landscaped areas.
O. Temporary special event signs. Temporary special event signs, subject to the approval of the Department, for temporary uses which are intended to advertise seasonal events or special exhibitions (e.g., arts and crafts fairs circus/carnivals, etc.), as defined in Municipal Code DIVISION B1, Chapter IV (Special Events) may be authorized by a Special Events Permit when approved by the Parks and Community Services Director. Seasonal events related to the sale of agricultural products require a Special Events Permit issued by the Parks and Community Services Director. Sidewalk sales and similar events related to permanent businesses require a Temporary Use Permit.
P.Temporary business identification signs. Temporary business identification signs, which are intended to provide identification of a business before installation/placement of a permanent identification sign, shall be:
1. Generally conforming to the temporary advertising/promotional sign locational regulations identified in Section D3- 47 M. [Temporary advertising/promotional signs], above and as modified below.
2. Allowed for a maximum period of 90 consecutive days with the prior approval of the Zoning Administrator.
3. Removed and replaced with a permanent business identification sign approved by the ARB and/or the Zoning Administrator.
4. Temporary banner signs may be used in compliance with Subsection L. (Temporary advertising/promotional signs), above.
Q. Office structure identification sign(s) shall be:
1. Subject to the same sign area regulations identified for wall signs in Subsection D3-47 A. [Wall signs], above.
5.3.b
Packet Pg. 126 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D
2. Limited to one wall-mounted sign or logo which is intended to identify a structure complex name. One sign shall be allowed for each structure elevation that fronts a public street or freeway.
3. Located below the roofline or parapet at a height and scale architecturally in harmony with the structure unless an increased height is authorized by the Planning Commission. (See Section D3-47 C. [Roof signs], above)
4. Constructed of individual channel letters or internally-illuminated letters and/or logo.
5. Subject to a Master Sign Program if required by this Chapter. (See Section D3-52 below).
R. Freeway-oriented building-mounted signs. Freeway-oriented building-mounted signs which are intended to identify a structure name, address, a structure or corporate logo, and tenant names shall be:
1. Prohibited on windows and/or as free-standing signs. Only allowed as “building-mounted” freeway-oriented signs; no modification or waiver of this prohibition may be allowed.
2. Allowed for a commercial or office center consisting of six or more tenants, or a single-tenant structure having a gross floor area of 50,000 square feet or more.
3. Limited to building walls having direct physical freeway frontage.
4. Limited to one wall sign for each tenant on a building wall physically located adjacent to and visible from the freeway.
5. Subject to the same sign area regulations identified for wall signs in Subsection D3-47 A. [Wall signs], above.
6. Constructed of individually illuminated channel letters rather than can-type signs.
7. Subject to a Master Sign Program if required by this Chapter. (See Section D3-52, below) S. Freeway-oriented business park identification signs. Freeway-oriented business park identification signs (i.e., freestanding signs, etc.) directly adjacent to Interstate 680 consisting of 100 acres or more are intended to identify a business park, address, tenants within a business park, structure name, or a structure or corporate logo. Such signs shall be subject to a Master Sign Program and/or MSP Amendment with Planning Commission approval. (See Section D3-52, below). In addition to approval of a Master Sign Program, all signs visible from a State highway or freeway shall be subject to the regulations contained in the California Outdoor Advertising Act, Chapter 2, Division 3, of the Business and Professions Code.
T.Theatre or cinema signs. shall be: Theatre or cinema signs used to advertise on-site theatrical productions, movies, or other performances, prominently displayed at the entrance of a theater or cinema and shall be
1. Ssubject to the Zoning Administrator’s approval if the signs deviate from the regulations of this Chapter (e.g., brighter lights, increased sign area and height, etc.) and only if the modifications are compatible with the structure design and character of the area. (See Subsection D3-47 C. [Roof signs], below)
2.1. Limited to the name of the establishment and the changeable copy type of sign for the show listings.
U. Public transit shelter signs shall be:
1. Prohibited within any residential zone and limited to the commercial, industrial, office, mixed-use, and public zones.
2. Authorized only on shelter structures approved by the Council as part of a Citywide master plan.
3. Subject to the sign area, design, and locational criteria established by the Citywide master plan.
4. Installed only by the vendor(s) authorized by the Citywide master plan.
5. Removed immediately when required by the Zoning Administrator based on non-compliance with this Chapter or when in response to general public complaint(s).
6. Subject to the required findings established by the adopted Council policy for advertisement/display standards in compliance with the following.:
a. All advertis ement shall adhere to decency in text and photography; b. Advertisements on alcohol, political, religious, pornographic, tanning, or tobacco material are prohibited; c. Offensive language and colors (e.g., neon colors) are prohibited; and d. Excessive violence and adult themes are prohibited. (Ord. No. 496, § 2, 01/28/2020) Effective on: 2/27/2020
5.3.b
Packet Pg. 127 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D D3-48 - Miscellaneous Signs
A. Noncommercial murals and displays. Noncommercial murals, large graphic designs, and statuary are permissible with approval by the Zoning Administrator; provided, they do not contain advertising messages, and further provided, the displays will not pose a hazard to public health, safety, or welfare.
B. Zoning Administrator and ARB approval required. The painting or decorating of a structure in a manner designed to convey a message to viewers shall be considered a sign for the purposes of this Zoning Ordinance and shall first require both Zoning Administrator and ARB review and approval.
D3-49 - Illumination of Signs
A. No exposed tubes or bulbs. Signs shall not have exposed fluorescent tubes or incandescent bulbs.
B. Shielding of light fixtures required. All fixtures shall be shielded and properly focused to minimize glare and excessive nighttime illumination.
C. Limitation on illumination. Signs immediately contiguous to and adjoining with any residential zone shall not be illuminated between the hours of 10:00 p.m. and 6:00 a.m. unless they identify an establishment open for business during those hours, and further provided the lighting is subdued to minimize potential impacts (e.g., glare).
D3-50 - Prohibited Locations, Sign Types, and Messages
The following locations and types of signs or advertising devices are prohibited within the City:
A. Banners, non-government flags, pennants, and similar advertising devices. Banners, non-government flags, pennants, and similar advertising devices with advertising copy mounted to an exterior building wall or suspended from a building wall, flag pole, or similar structure, except when authorized as part of a Master Sign Program (See Section D3-52) or allowed as a temporary sign. (See Sections D3-47 L. [Temporary advertising/promotional signs], M. [Temporary advertisement/ promotional window signs], O. [Temporary special event signs], and P. [Temporary business identification signs])
B. Flashing, moving, or rotating signs. Flashing, moving, or rotating signs (see Animated Sign), except for barber poles and changeable copy for theater and cinema marquee signs and scoreboards and reader boards on public property (see Changeable Sign).
C. Freeway exposed signs. Free-standing signs not within a business park, window signs, and "for sale/rent/lease" signs of any type which are designed, oriented, or placed for freeway exposure and which are visible from the freeway or a freeway on- and off-ramp.
D. Home occupations. Signs identifying a home occupation.
E. Off-site directional signs. Off-site signs or off-site directional signs, except signs allowed for a site or business not fronting on a public or private street (See Subsection D3-47 E. [Off-site signs]), as a temporary sign (See Subsections D3- 47 G. [Temporary off-site residential real estate signs] and H. [Temporary off-site subdivision directional signs]) or allowed by a Master Off-Site Directional Sign Program (See Section D3-53).
F.Off-site signs. Off-site signs or billboards are prohibited anywhere within the City.
G. Outdoor advertising signs. Outdoor advertising signs, except as authorized as a temporary advertising/ promotional sign or window sign, portable sign, or as allowed as a temporary special event sign. (See Subsections D3-47 L. [Temporary advertising/promotional signs], M. [Temporary advertisement/ promotional window signs], N. [Portable signs], and O. [Temporary special event signs])
H. Penthouse signs. Penthouse signs and signs projecting above a roofline except as allowed as a roof sign. (See Subsections D3-47 C. [Roof signs] and S. [Theatre or cinema signs]) I. References to obscene matter. Signs containing pictures, statements, words, or other representations which are in reference to obscene matter which violate the California Penal Code, Section 311 et. seq.
J. Searchlights. The use of outdoor searchlights when used for advertising or “attention-getting” purposes, except when authorized with a Temporary Use Permit (See Section D6-27).
K. Signs on public transitshelters. Signs on public transit shelters when located within a residential zone.
L. Signs on vehicles. Signs which are either painted-on, placed on, and/or attached to a vehicle parked on a public or private street for a period exceeding 72 consecutive hours which is clearly intended to provide advertisement and/or directional assistance.
5.3.b
Packet Pg. 128 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D M. Signs within the public right-of-way. Signs located within the public right-of-way excluding governmental signs and public information signs, except when authorized by an Encroachment Permit and allowed as a temporary sign. (See Subsections D3-47 F. [Temporary on-site residential real estate signs], G. [Temporary off-site residential real estate signs], and H. [Temporary off-site subdivision directional signs]) N. Similar to traffic directional signs or devices. Signs with colors, design, lighting, or text that could be confused with a public traffic directional sign or control device.
O. Tethered balloons or inflatable signs. Tethered balloons or inflatable signs.
P.Use of improper materials. Exterior signs made of materials which are impermanent and will not stand exposure to weather.
Q. Window Signs with Opaque Materials/Window Tint. Window signs with opaque materials, and/or window tint that are positioned in a fashion so that they obscure the vision of the indoor activities by law enforcement personnel. Also prohibited are merchandise displays and similar signage that functional obscure the minimum visibility indoor activities by law enforcement personnel. The standard is not to prohibit all window tinting and display areas, but rather protect the minimum visibility need to promote security.
(Ord. No. 496, § 2, 01/28/2020)
Effective on: 2/27/2020
D3-51 - Maintenance, Abandonment, and Removal
A. Maintenance required. All signs, including banners, flags, pennants, and awnings with signs, shall be properly maintained in good repair and shall be cleaned, painted, or replaced as necessary to present a neat appearance.
B. Removal following discontinuance. An on site sign advertising an activity, business, product, or service shall be removed within 30 calendar days following the actual discontinuance of the activity, business, or service.
D3-52 - Master Sign Program Required
A. Purpose. Regulations for Master Sign Programs are to:
1. Identify criteria for the construction, design, and placement of signs (including temporary banners and nongovernment flags) which are specific to a commercial or multi-family residential development and which would be compatible with the site planning and structure design of the entire area.
2. Ensure the reasonable compatibility of signs within the development regarding sign color, design theme, location, materials, number, and size.
3. Provide a coordinated approach to providing adequate directional signs and/or identification within the development to ensure pedestrian and vehicle safety and to promote the economic viability of the development.
B. Applicability/application processing.
1. Applicability. The following projects shall require a Master Sign Program or Master Sign Program Amendment. A Master Sign Program shall be reviewed by the ARB with a recommendation to the Zoning Administrator. A Master Sign Program Amendment shall be reviewed by the Zoning Administrator unless otherwise identified in Section D3- 47 Specific Sign Regulations.
a. Residential development. Any site occupied by a multi-family residential development when more than one permanent sign (e.g., directory and directional signs) is proposed on the site. b. Nonresidential development.
1. Any site having six or more nonresidential occupants/tenants.
2. Projects involving the construction or renovation of more than 25,000 square feet of gross floor structure area within a nonresidential zone.
2. Concurrent application processing required. A Master Sign Program shall be filed with and processed concurrently with the application for any new development identified in Subparagraph B. 1, above.
3. Effect of Master Sign Program. Approval of a Master Sign Program shall supersede the regulations of this Chapter.
Any aspect of the proposed signs not addressed by the Master Sign Program shall be in compliance with this Chapter.
5.3.b
Packet Pg. 129 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D C. Required application materials. Applications for approval of a Master Sign Program shall include the following minimum required information and materials.
1. It is recommended that the Master Sign Program be prepared by a design professional in consultation with a retail/marketing consultant or analyst who will provide recommendations regarding the specific sign locations, number, and sizes based on the major vehicular and/or pedestrian traffic patterns serving the development. A letter or statement from the design professional and retail/marketing consultant should accompany the application materials verifying their review of the program.
2. A letter of application explaining how the proposal will modify any of the regulations or standards of this Chapter, including explanations for how these would contribute to a superior site design, structure appearance, and sign program than would otherwise result from the strict compliance with Section D3-47 (Specific Sign Regulations), above.
3. A detailed and accurate site plan, drawn to scale, delineating the entire site showing the location of all structures, onsite vehicular access, signs, banners and flags, adjoining streets, and/or landscaping to be removed, to remain, and/or proposed for installation.
4. Drawings and/or sketches, drawn to scale and dimensioned, showing the proposed sign dimensions and location on the building wall(s); the exterior surface details, and materials of the building walls.
5. Drawings and/or sketches, drawn to scale and dimensioned, showing the proposed sign face dimensions, lettering size and script style, materials, and colors.
6. Drawings showing the method of illumination, if any. Manufacturer specifications may be submitted in lieu of detailed drawings.
7. Written provisions outlining the proposed sign criteria to include: the number of signs for each building frontage; lettering size and style; sign colors; sign face area(s); sign materials; window signs; method of illumination, and landscape treatments. Additionally, guidelines for individual tenant window signs and center-sponsored temporary advertisement/promotional signs shall be provided along with any other written provisions the Zoning Administrator may determine to be necessary.
8. The Zoning Administrator may require additional information as necessary to properly describe and analyze the application.
D. Design guidelines. The following guidelines shall be considered when proposing sign location, design, and construction.
While compliance is not mandatory, adherence to the guidelines is always strongly encouraged.
1. Deviation from identified standards. Sign face area and sign heights may deviate from Section D3-47, above, based on the required findings contained in Subsection D3-52 E., below.
2. Directory signs for multi-tenant centers. For multi-tenant centers with six or more tenants, directory signs are encouraged to direct internal pedestrian and vehicle circulation. However, the directory signs shall not be so prominent as to call attention to themselves from the public street.
3. Free-standing signs.
a. More than one free-standing sign may be allowed for each site frontage when the requirements identified in Subsection D3-47 D. [Free-standing or monument signs], above are met. b. Free-standing signs should be designed to accommodate the structure name, address, and/or anchor tenants, and leasing information.
4. Kiosks or bulletin boards. Kiosks or community bulletin boards should be provided and properly located within the development.
5. Landscaping. Site landscaping shall be designed to minimize visual obstructions of the structure and/or individual signs, while still enhancing the visual appearance of the structures and signs.
Leasing information. Leasing information shall be designed as an integral part of the Master Sign Program.
6. Portable signs. Uniform size, graphic, design, and materials for portable signs within a center are strongly encouraged. (See Subsection D3-47 N. [Portable signs], above)
7. Single-tenant free-standing signs discouraged. Single-tenant free-standing signs within multi-tenant centers are strongly discouraged. However, single-tenant free-standing signs may be allowed:
a. If the requirements identified in Subsection D3-47 D. (Free-standing or monument signs), above are met; and
5.3.b
Packet Pg. 130 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D b. More than one free-standing sign may be allowed for each site frontage when the requirements identified in Subsection D3-47 D. [Free-standing or monument signs], above are met. c. When it can be demonstrated that the sign is necessary to provide business awareness and enhance pedestrian and vehicle safety.
8. Sufficient wall or facade area to be provided. The structure should be designed so that sufficient wall or facade area is provided for the structure name and logo (if any), as well as to address tenant signs and/or leasing information.
9. Wall-mounted signs and/or logos. A maximum of one wall-mounted sign and/or logo for each tenant for each building elevation is allowed which should be physically related to the tenant entrance. The total number and locations of tenant signs on a wall or structure visible from the freeway should be determined based on design considerations of scale and proportion, the ability of the signs to provide identification and directional assistance, and the enhancements to the structure's appearance.
E. Required findings. In approving a Master Sign Program, the ARB and/or the Zoning Administrator shall first find that:
1. The plan's contribution to the design quality of the site and surrounding area will be superior to the quality that would result under the regulations and standards identified in Sections D3-45 and D3-47, above; and
2. The plan is generally consistent with the criteria identified in Section D3-43 (Criteria and Guidelines) and achieves the purposes identified in Subsection D3-52 A. (Purpose), above. (Ord. No. 496, § 2, 01/28/2020)
Effective on: 2/27/2020
D3-53 - Off-Site Directional Signs
A. Purpose. The purpose of establishing regulations for the location and design of off-site directional signs is to direct the public to major residential areas and major commercial retail shopping and office areas thereby:
1. Promoting economic viability and community identity;
2. Ensuring traffic safety and traffic flow; and
3. Creating a unified sign program which contributes to the high quality image and character of the City's streetscape.
B. Off-site directional signs defined. Off-site signs refer to a directional sign representing a major residential subdivision, multi-family residential development, or major commercial retail shopping or office area which is located on a site other than the one on which the sign is located. A sign structure consists of multiple keyboard or identification sign panels which is permanently affixed to the ground and sited in compliance with this Section.
C. Applicability. A Master Off-Site Directional Sign Program shall require ARB and Planning Commission review for the following:
1. Major residential subdivisions and multi-family residential developments. Residential subdivisions and multi-family residential developments consisting of 100 or more dwelling units.
2. Major commercial retail and/or office centers. Commercial retail and or office centers consisting of 200,000 gross square feet or more of leasable tenant space. However, commercial retail and/or office centers with less than 200,000 gross square feet of leasable tenant space shall also be eligible for a Master Off-Site Directional Sign Program, but only when all of the following findings can first be made:
a. Aggregation of the subject commercial retail and/or office centers with adjacent commercial retail and /or office centers to achieve the minimum required 200,000 square feet is not physically possible due to the surrounding development patterns and/or land use classification(s); b. The subject commercial retail and /or office center is located more than one-quarter mile from a communityserving or neighborhood-serving commercial retail shopping center within the San Ramon City limits; c. The subject commercial retail and/or office center consists of no less than 95,000 gross square feet of leasable tenant space; and
d. The identity sign identification of the commercial retail and/or office center does not interfere cause confusion with the identity sign identification of surrounding commercial retail and office centers.
D. Design standards.
1. The approved sign structure(s) shall be constructed and painted in a consistent color scheme.
5.3.b
Packet Pg. 131 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D
2. Each sign structure, including the top of the logo, shall not exceed a height of 12 feet when measured from the top of the sign to the ground directly below it.
3. The ground within a three-foot radius of the sign structure shall be landscaped or paved, and maintained in a manner that prevents weed growth under the sign structure.
4. Individual keyboard for seven signs on the approved sign structures shall be no greater than 12 inches high by 48 inches long in size and feature a uniform background color. No more than seven signs with a maximum of six-inch high letters shall be located on each sign structure and the lowest sign shall be a minimum of two feet above grade.
5. Individual keyboard signs shall be allowed various compatible colors on a uniform background and shall be consistent with the marketing colors used to advertise or identify the subdivision, multi-family residential development, and/or commercial retail and/or office center.
6. A directional arrow measuring five inches high by 12 inches long shall be shown on each individual sign, and shall be located on the side of the sign closest to the street right-of-way.
7. Each sign structure shall be designed to include the City of San Ramon’s logo at the top of the sign structure, or as recommended by the ARB and approved by the Commission.
8. As determined by the Director, requests for modification(s) to the design of the off-site directional sign(s) following review by the ARB and the review and approval of the Commission shall require subsequent review and approval by the same review authorities.
E. Locations.
1. The general locations of the off-site directional signs shall be indicated on a master off-site directional sign map approved as part of a Master Off-Site Directional Sign Program. The exact sign structure locations shall be determined by the ARB and the Commission so that the sign structures create an attractive streetscape.
2. The locations of the off-site directional signs shall be typically limited to the major arterial streets within the City (as defined by the General Plan) and shall be located no closer than one-quarter of a mile apart, unless an exception is necessary to properly identify a City or public facility. The precise location of these structures shall comply with the "driveway visibility" requirements in Section D3-37 (Driveways and Site Access).
3. Before installation of the off-site directional signs, all required permits shall be obtained from affected public jurisdictions by the management company, including any City-issued Encroachment Permits, in order to establish offsite directional sign structures within the public rights-of-way.
F.Implementation.
1. The City shall license a management company to administer, implement, install, and maintain the off-site directional signs. This provision does not preclude the City from acting as the management company.
2. Before the construction and installation of the approved off-site directional signs, the authorized management company shall obtain City approval of a leasing program which will include a sign keyboard rental price structure and the specific lease terms including on-going maintenance responsibilities.
3. It shall be the responsibility of the authorized management company to ensure that all sign structures under its control, as approved by the City, are well maintained and are not allowed to become unsightly and/or hazardous.
Noncompliance will be reported to the respective management company for correction with 14 days and if the situation does not improve, the City shall have the right to perform corrective actions at the management company's expense, and may cancel the management company's license for good cause.
4. The City may require a refundable cash deposit in the amount to be determined by the City Engineer for each sign installation in order to ensure the removal or replacement of the off-site directional sign key blades for a residential subdivision within 14 days of the closing of the subdivision model home complex. If the sign has not been completely removed/replaced within the specified period, the City shall have the right to remove/replace the sign and deduct the costs from the cash deposit(s). Additional costs shall be charged to the developer or the management company.
5. Before the construction and installation of the approved off-site subdivision direction signs, the approved management company shall demonstrate to the satisfaction of the City that lease arrangements have been secured with development representatives to utilize keyboard or sign blades for advertisement purposes. The City may delay the installation of one or more signs if sufficient interest or lease(s) has not been secured by the management company.
5.3.b
Packet Pg. 132 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D
6. Each approved sign structure shall require a City-issued Building Permit. The individual keyboard signs shall be subject to City administrative review and approval before placement on the individual sign structures to determine exact sign blade locations.
7. The written consent of the affected property owner(s) shall be provided to the City by the authorized management company before sign construction and installation.
8. Individual keyboard signs shall not be modified to identify different subdivisions/developments without first obtaining ARB approval from the City.
9. Individual keyboard signs shall be allowed on the approved sign structures until the model home complex for the subdivision has been closed.
10. The approved off-site directional sign structures shall be allowed for a maximum period of five years. After which, if additional time is required, the management company shall first apply for and receive an extension of the program from the City.
11. Off-site directional sign structures identifying developments located outside of the City limits are prohibited unless first authorized by the City, to provide direction to a regionally-serving cultural facility or other public facility.
D3-54 - Approvals Required
Non-exempt signs may be subject to ARB review and approval when required by the Zoning Administrator or the Commission in compliance with this Section. At the discretion of the Zoning Administrator, any non-exempt sign may be referred to the Commission.
A. Zoning Administrator review and action required. The Zoning Administrator shall review and take action on the following types of signs, unless otherwise required by this Chapter.
1. All free-standing signs.
a. See Subsection D3-47 D. [Free-standing or monument signs], above. b. Free-standing monument signs with less than 30 feet of separation from another free-standing monument sign. c. Free-standing monument signs exceeding more than one sign for each site frontage.
2. Freeway-oriented building-mounted signs. (See Subsection D3-47 R. [Freeway-oriented signs], above)
3. Master Sign Programs. (See Section D3-52, above)
4. Amendments to Master Sign Programs.
5. Miscellaneous signs. (See Section D3-48 [Miscellaneous Signs], above)
6. Public transit shelter signs. Public transit shelter sign design, size, and location standards. (See Subsection D3-47 U. [Public transit shelter signs], above)
7. Roof, wall, and window signs. (See Subsections D3-47 A. [Wall signs], B. [Window signs], and C. [Roof signs], above)
8. Temporary signs. (See Subsections D3-47 F. [Temporary on-site residential real estate signs], G. [Temporary off-site residential real estate signs], H. [Temporary off-site subdivision directional signs], I. [Temporary on-site commercial real estate signs], L. [Temporary advertising/promotional signs], N. [Portable signs], O. [Temporary special event signs], and P. [Temporary business identification signs], above)
9. Theatre and cinema signs. (See Subsection D3-47 T. [Theatre or cinema signs], above) B. Planning Commission review and action required. The Planning Commission shall review and take action on the following types of signs, unless otherwise required by this Chapter.
1. Off-site signs. (See Subsection D3-47 E. [Off-site signs], above)
2. Off-site directional signs (Master Off-Site Directional Sign Program). (See Section D3-53, above)
3. Wall signs exceeding a sign area of 0.75 square feet for each one linear foot of wall length. (See Subsection D3-47 A. [Wall signs], above)
4. Wall/window signs higher than the allowed structure height. (See Subsection D3-47 A. [Wall signs], above)
5. Freeway-oriented business park identification signs. (See Subsection D3-47 S. [Freeway-oriented business park identification signs], above
(Ord. No. 496, § 2, 01/28/2020)
5.3.b
Packet Pg. 133 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D Effective on: 2/27/2020
D3-55 - Required Findings
A. Master Sign Programs. In approving a Master Sign Program, the Zoning Administrator shall make the required finding identified in Section D3-52, above.
B. Public transit shelter signs. In approving a public transit shelter sign, the Zoning Administrator shall make the required finding identified in Subsection D3-47 U. [Public transit shelter signs], above.
C. Sign Permits. In approving a Sign Permit, the Zoning Administrator shall make the required findings that the application is in general compliance with the criteria identified in Section D3-43 (Criteria and Guidelines). (Ord. No. 496, § 2, 01/28/2020)
Effective on: 2/27/2020
D3-56 - Sign Permit Required
No sign regulated by this Chapter shall be erected or displayed unless a Sign Permit is first approved by the Zoning Administrator, unless otherwise required by this Chapter. Exempt signs shall not require a Sign Permit.
A. Signs not in compliance with this Chapter. All legally erected/installed signs not in compliance with this Chapter, existing on the date of adoption of this Zoning Ordinance, are allowed to remain in use until there is a request to change the sign or an application for a new Sign Permit is submitted for any sign related to the subject business or development. Sign Permits for new signs may be conditioned upon removal of an existing sign(s) made nonconforming by this Chapter. Any other signs not otherwise legal shall be removed.
B. Alteration or change to an existing sign face.
1. Any alteration to or change of an existing sign face shall be subject to the applicable provisions of this Chapter.
2. The owner, or assigned agent, shall obtain a Sign Permit before making the alterations or changes to an existing sign face.
3. No Sign Permit is required for repainting a sign the same color(s), cleaning, or other normal maintenance or repair of a sign, as long as the sign is not structurally modified in any manner.
C. Signs granted an exception by the City. Any sign in existence on the date of adoption of this Zoning Ordinance which has been granted an exception by the City, may undergo a change to the sign face; provided, the factors justifying the original exception still apply.
D3-57 - Owner’s Consent Required
No sign shall be placed on a property without the written consent of the property owner.
D3-58 - Sign Permit Applications
A Sign Permit application form shall be filed with the Department. The application shall contain the name, address, and telephone number of the applicant, signature or letter of authorization from the property owner, and the location of the structure or property on which the proposed sign(s) is to be placed. Sign plans shall be drawn to scale and shall be clear and legible and consistent with professional standards. The sign application shall include the following:
A. Architectural details, site plan information and elevations. Architectural details, site plan information, and elevations of the structure in context to the project architecture. The site plan shall show the location of all sign(s) existing, proposed, and to be removed.
B. Other information required by the Zoning Administrator. The application shall include other information, attachment details or exhibits, colors, and material samples as the Zoning Administrator may require.
C. Application fee. The application shall be accompanied by an application fee in compliance with the City's Fee Schedule.
D. Consistency with Master Sign Program materials. Consistency with the Master Sign Program required application materials. (See Section D3-52, above)
5.3.b
Packet Pg. 134 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D D3-59 - Building Permit Required
All signs shall require a Building Permit, except for those signs identified in Section D3-45 (Exempt Signs - Signs Not Requiring a Sign Permit) as determined by the Chief Building Official, above.
D3-60 - Required Inventory of Illegal or Abandoned Signs A. Inventory required. In compliance with State Law, the Zoning Administrator shall compile an inventory of all illegal or abandoned signs within the City.
B. Identify location of each illegal or abandoned sign. The inventory shall specifically identify the location of each illegal or abandoned sign by lot and block number and by street address, the sign's legal owner or leaseholder, and the specific standards that are violated or the approximate date of abandonment, as the case may be.
C. Establishment of an initial date for amortization. This inventory shall be used to establish an initial date for amortization of nonconforming signs under the provisions of this Chapter.
D. Inventory to be updated twice annually. The inventory shall be updated at least twice annually to include additional illegal signs resulting from Zoning Map amendments and additional abandoned signs, as needed.
D3-61 – Reserved
D3-62– Reserved
D3-63 – Reserved
5.3.b
Packet Pg. 135 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
78 D3-63 – Reserved
Chapter V – Portable Outdoor Storage Units
Contents:
D3-64 - Purpose of Chapter
D3-65 - Definitions
D3-66 – Number, Size, Duration, and Location
D3-67 – Signage
D3-68 – Maintenance and Prohibition of Hazardous Materials D3-69 – Reserved
D3-70– Reserved
D3-71 – Permits
D3-72 – Reserved
D3-73 – Reserved
D3-64 - Purpose of Chapter
A. Purpose of Chapter.
This Chapter provides standards and regulation for the use of portable outdoor storage units on residential and non-residential properties.
D3-65 - Definitions
Portable outdoor storage unit. Any container designed for the transportation and/or storage which is typically rented to owners or occupants of property for their temporary use and which is delivered and removed by truck.
Volume. A volume of portable outdoor storage unit is calculated with exterior measurements of each unit.
Total Volume. A total volume is the sum of volumes of multiple portable outdoor storage units to be kept on a site under a single temporary use permit.
D3-66 – Number, Size, Duration, and Location
A. Residential Properties.
There shall be no more than a total volume of 1,050 cubic feet of outdoor storage units, which shall be no more than eight (8) feet in width and eight (8) feet six (6) inches in height, per site. No portable outdoor storage units shall remain at a site in excess of 30 consecutive days in a 12-month period. The Zoning Administrator may authorize the use of portable outdoor storage units up to 90 consecutive days as long as a building permit has been obtained and construction diligently commenced or upon the findings that an unusual circumstance exist as determined by the Zoning Administrator. A portable outdoor storage unit shall be placed in a driveway, on a paved surface, or in the rear yard if alley access exists at the rear of the site, with a minimum setback of 1 foot from the front property line and 3 feet from the side and rear property lines.
B. Non-Residential Properties.
5.3.b
Packet Pg. 136 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
79 The allowed number and sizes of portable outdoor storage units shall be determined by the Zoning Administrator. No portable outdoor storage unit shall be placed at any site in excess of fifteen (15) consecutive days, and in excess of thirty (30) days in a 12-month period. Portable outdoor storage units shall be placed only in the rear or side portion of a site. Under no circumstances shall a portable outdoor storage unit be placed in an area fronting a street or road, or in the front parking lot of a commercial establishment. The placement of portable storage units in fire lanes, passenger loading zones, or commercial loading zones shall be strictly prohibited unless approved by the Zoning Administrator.
Any portable outdoor storage unit(s) to be placed at any site in excess of fifteen (15) consecutive days, and/or in excess of thirty (30) days in a 12-month period shall be subject to the provision of Section D6-28 Minor Use Permit.
D3-67 – Signage
A portable outdoor storage unit shall have no signage other than the name, address, and telephone number of the person or firm engaged in the business of renting or otherwise placing the portable outdoor storage unit.
D3-68 – Maintenance and Prohibition of Hazardous Materials The owner and operator of any site on which a portable outdoor storage unit is placed shall be responsible to ensure that the portable outdoor storage unit is in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks. When not in use, the portable outdoor storage unit shall be kept locked. The owner and operator of any site on which a portable outdoor storage unit is placed shall also be responsible that no hazardous substances, as defined in Section D3-5 of this Code, are stored or kept within the portable outdoor storage unit.
D3-69 – Reserved
D3-70– Reserved
D3-71 – Permits
It shall be unlawful for any person to place, or permit the placement of, one or more portable outdoor storage unit(s) on property which he or she owns, rents, occupies, or controls without first having obtained a temporary use permit. Application for a temporary use permit shall be made to the Zoning Administrator in accordance with Section D6-16 and Section D6-27 of this Code. The issuance of a permit shall allow the applicant to place portable outdoor storage units on the property in conformance with the requirements of this chapter. The permit shall be posted in plain view at the site.
D3-72 – Reserved
D3-73 – Reserved
5.3.b
Packet Pg. 137 Attachment: Exhibit A-2 Division D3 Redlines (534 : Ordinance (Next in Line) Adopting Zoning Ordinance Text Amendment Amending Title D City of San Ramon, CA | Municipal Code
1 Division D4 Standards for Specific Land Uses
Contents:
Chapter I - Adult Business Regulations
Chapter II - Alternative Energy Structures
Chapter III - Standards for Specific Land Uses
Chapter IV - Wireless Telecommunications Facilities
Chapter V – Homeless Shelters
Chapter VI – Reasonable Accommodation For The Disabled
Chapter VII – Raising of Chickens
Chapter VIII – Density Bonus
Chapter IX – Beekeeping - Apiary
Chapter I - Adult Business Regulations
Contents:
D4-1 - Purpose
D4-2 - Definitions
D4-3 - Permitted Areas and Minimum Proximity Requirements D4-4 - Use Permit Required
D4-5- Application Requirements
D4-6 - Investigation and Action on Application
D4-7 - Appeal
D4-8 - Judicial Review of Decision to Grant, Deny, or Revoke D4-9 - Permit Expiration
D4-10- Findings
D4-11 - Registration of New Employees
D4-12 - Adult-Oriented Business Development Standards
D4-13 - Display of Permit
D4-14- Persons Under 18 Prohibited
D4-15 - Transfer of Adult-Oriented Business Regulatory Permits D4-16 - Permit Revocation
D4-17 - Violations
D4-18- Applicability to Other Regulations
D4-19- Conduct Constituting a Public Nuisance
D4-20 - Inspections
5.3.c
Packet Pg. 138 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
2 D4-1 - Purpose
A. Intent. It is the intent of this Chapter to provide special design guidelines, standards, and development regulations to regulate the time, place, and manner of the operation of Adult-Oriented Businesses in order to minimize the negative secondary effects associated with these business including, but not limited to, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of Adult-Oriented Businesses in close proximity to each other or proximity to other incompatible uses, including churches, parks, playgrounds, schools, and residential zones or uses. The Council finds that it has been demonstrated in various communities that the concentration of Adult-Oriented Businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described above can cause other businesses and residents to move elsewhere.
B. Purpose. It is, therefore, the purpose of this Chapter to:
1. Establish reasonable and uniform regulations to prevent the concentration of Adult-Oriented Businesses or their close proximity to incompatible uses, while allowing the location of AdultOriented Businesses in certain areas; and
2. Regulate Adult-Oriented Businesses in order to promote the health, safety, and general welfare of the citizens of the City.
C. Not purpose, intent, or effect. The provisions of this Chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adultoriented materials. Similarly, it is not the intent nor effect of this Chapter to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent nor effect of this Chapter to condone or legitimize the distribution of obscene material.
D4-2 - Definitions
Definitions of the technical terms and phrases used in this Chapter are under "Adult Oriented Business" in Division D8 (Glossary).
D4-3 - Permitted Areas and Minimum Proximity Requirements A. MC (Mixed Commercial) MW (Manufacturing/Warehousing) zone. Subject to the limitations set forth in this Chapter, Adult-Oriented Businesses may be established in the MW (Manufacturing/Warehousing)MC (Mixed Commercial) zone.
B. Specified distance separation requirements. Notwithstanding the above, no Adult-Oriented Business shall be established or located within certain distances of certain specified land uses or zones as set forth below. No Adult-Oriented Business shall be established or located:
1. Within a 500-foot radius from: any existing residential zone or use. The distance between a proposed Adult-Oriented Business use and a residential zone or use shall be measured from the nearest exterior wall of the facility housing the Adult-Oriented Business use or proposed AdultOriented Business use to the nearest property line included within a residential zone or property in current residential use, along a straight line extended between the two points; or
2. Within 1,000 feet of any other Adult-Oriented Business as defined in this Chapter which is located either inside or outside the jurisdiction of the City. The distance between the two Adult-Oriented Business uses shall be measured between the nearest exterior wall of the facility housing the AdultOriented Business use and proposed Adult-Oriented Business use along a straight line extended between the two points; or
3. Within a 500-foot radius from any existing park, playground, religious facility, or school use or property zoned Open Space (OS) Parks and Recreation (P), or Public and Semi-Public (PS). The
5.3.c
Packet Pg. 139 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
3 distance between a proposed Adult-Oriented Business use and park, playground, religious facility or school uses or property zoned Open Space (OS), Parks and Recreation (P), or Public and SemiPublic (PS), shall be measured from the nearest exterior wall of the facility housing the AdultOriented Business use or proposed Adult-Oriented Business use to the nearest property line where the park, playground, church or school use is located, or property zoned Open Space (OS), Parks and Recreation (P), or Public and Semi-Public (PS) along a straight line extended between the two points.
C. Separation requirements also apply to the General Plan. The above distance limitations shall also apply to residential zones or uses and parks, playgrounds, schools, and religious uses or property so designated in the General Plan Land Use Element of an adjacent jurisdiction.
D4-4 - Use Permit Required
A. Use Permit and Business License required. It shall be unlawful for any person to engage in, conduct, establish, carry on, or to permit to be engaged in, conducted, established, or carried on, in or upon any premises in the City, the operation of an Adult-Oriented Business unless the person first obtains and continues to maintain in full force and effect both an Use Permit and a Business License from the City.
B. Not allowed by right. No Adult-Oriented Business may be established within the City by right. All persons wishing to establish an Adult-Oriented Business within the City shall first apply for and receive a Use Permit in compliance with this Chapter.
C. Applicant to supply sufficient evidence. It is the burden of the applicant for an Use Permit to supply sufficient evidence to justify the grant of an Use Permit.
D4-5- Application Requirements
A. Application submittal. A person desiring to operate or establish an Adult-Oriented Business within the City shall file with the Department a Use Permit application on a standard application form supplied by the Department.
B. Required information. All applications shall include the following information:
1. If the applicant is an individual, the individual shall state his or her legal name, including any aliases, address, and submit satisfactory written proof that he or she is at least 18 years of age.
2. If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names and current addresses of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.
3. If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names, addresses, and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process.
4. The notarized signature of the property owner and proof of ownership via submittal of a Title Report.
5. A non-refundable deposit or fee as set forth by the City’s Fee Schedule.
6. Signed statement by the applicant verifying that applicant intends to and will comply with all of the adult-oriented business development standards of this Chapter.
7. A description of the Adult-Oriented Business for which the permit is requested and the proposed address where the Adult-Oriented Business will operate, plus the names and addresses of all the owners and lessors of the Adult-Oriented Business site.
8. The address to which notice of action on the application is to be mailed.
9. The names of all employees, independent contractors, and other persons who will perform/work at the Adult-Oriented Business.
5.3.c
Packet Pg. 140 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
4 10. A floor plan showing the interior configuration of the premises, including a statement of the total floor area occupied by the Adult-Oriented Business, and exterior premises lighting per D4-12.D. The floor plan need not be professionally prepared, but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
11. A site plan prepared within 30 calendar days before application depicting the building and the portion thereof to be occupied by the Adult-Oriented Business, and:
a. The property line of any residential zone or use within 1,000 feet of the nearest exterior wall of the Adult-Oriented Business;
b. The property line of any other Adult-Oriented Business within 1,000 feet of the nearest exterior wall of the Adult-Oriented Business for which a Business Permit is requested; and c. the property lines of any church, school, park, or playground within 1,000 feet of the nearest exterior wall of the Adult-Oriented Business.
12. A diagram of the off-street parking areas and premises entries of the Adult-Oriented Business showing the location of the lighting system required by this Chapter.
C. Signature of applicant required. If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a 10 percent or greater interest in the business entity shall sign the application.
D. Fictitious name, if applicable. If the applicant intends to operate the Adult-Oriented Business under a name other than that of the applicant, the applicant shall file the fictitious name of the Adult-Oriented Business and show proof of registration of the fictitious name.
E. CEQA compliance. Each applicant for a Use Permit shall comply with the California Environmental Quality Act (CEQA) as required by the City.
F. Director’s determination of completeness. The Director shall determine whether the application contains all the information required by this Chapter. If it is determined that the application is not complete, the applicant shall be notified, in writing, within 30 days of the date of receipt of the application that the application is not complete and the reasons therefore, including any additional information necessary to render the application complete. The applicant shall have 30 calendar days to submit additional information to render the application complete. Failure to do so within the 30-day period shall render the application automatically void. Within 30 days following the receipt of an amended application or supplemental information, the Director shall again determine whether the application is complete in compliance with the procedures set forth in this Subsection. Evaluation and notification shall occur as provided above until the time the application is found to be complete. All notices required by this Chapter shall be deemed given upon the date that they are either deposited in the United States mail or the date upon which personal service of the notice is provided.
G. Other permits or licenses. The fact that an applicant possesses other types of State or City permits or licenses does not exempt the applicant from the requirement of obtaining a Use Permit.
D4-6 - Investigation and Action on Application
A. Appropriate investigation and inspection. Upon the filing of a completed application, the Commission shall cause to be made by its own members, or members of its staff, an appropriate investigation, including consultation with the building, police, fire and health departments and inspection of the premises as needed. Consultation is not grounds for the City to unilaterally delay in reviewing a completed application.
B. Public hearing within 45 days. Within 45 days of receipt of the completed application, the Commission shall hold a public hearing on the application for a Use Permit. Notice of the public hearing shall be given in compliance with California Government Code Section 65091, as the same may be amended from time to time.
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5 C. Relevant evidence. In reaching a decision on an application for a Use Permit, the Commission shall not be bound by the formal rules of evidence. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.
D. Commission’s decision within 60 days. The Commission shall grant, conditionally grant or deny an application for a Use Permit ("permit"). The Commission shall render a written decision on the application for a Use Permit within 60 days of receiving a completed application. The failure of the Commission to render a decision within this time frame shall be deemed to constitute a denial of the application. Any conditions imposed upon the permit shall be in keeping with the objective development standards of this Chapter and the underlying zone in which the property is located.
E. Transmittal of decision to applicant. The Commission's decision shall be mailed to the applicant.
D4-7 - Appeal
A. Appeal of Commission’s decision. Any interested person may appeal the decision of the Commission to the Council in writing within 10 calendar days after the Commission's written decision. In addition, within 10 calendar days after the Commission's written decision, any member of the Council shall have the authority to direct that the Council review the decision of the Commission on the grounds that the individual council member believes that the matter should be decided by the Council.
B. De novo public hearing. Consideration of an appeal of the Commission's decision shall be at a de novo public hearing which shall be noticed in the same manner as the public hearing of the Commission and shall occur within 30 days of the filing of the appeal or initiation of review by the Council.
C. Council’s action on appeal. The Council action on the appeal of the Commission's decision shall be by a majority vote of the quorum, and upon the conclusion of the public hearing, the Council shall grant, conditionally grant, or deny the application. The Council's decision shall be final and conclusive.
D. Relevant evidence. In reaching its decision, the Council shall not be bound by the formal rules of evidence. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.
D4-8 - Judicial Review of Decision to Grant, Deny, or Revoke A. Court challenge. The time for court challenge to a decision by the Council to grant, deny, or revoke, a Use Permit is governed by California Code of Civil Procedure Section 1094.6.
B. Transmittal of decision to applicant. Notice of the Council's decision and its findings shall be mailed to the applicant and shall include citation to California Code of Civil Procedure Section 1094.6.
C. Prompt judicial review. The Petitioner may seek prompt judicial review of the Council's action in compliance with California Code of Civil Procedure Section 1094.8.
D4-9 - Permit Expiration
Any Use Permit approved in compliance with this Chapter shall become null and void unless the proposed use is established within 180 days of the date from the approval. As to facilities that are a reuse of existing facilities, the Use Permit shall become null and void unless the proposed use is established within 180 days from the date of approval, unless before the expiration date the permittee demonstrates to the satisfaction of the Commission that the applicant has a good faith intent to presently commence the proposed use. The extensions shall not exceed a total of two 180-day extensions.
D4-10- Findings
A. Required findings. The Commission, or Council appeal shall approve or conditionally approve an application for a Use Permit where the information submitted by the applicant substantiates all of the following findings:
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6 1. The applicant is over the age of 18 years;
2. The required application fee has been paid;
3. The proposed use complies with the development and design requirements of the underlying zone in which it is located and with the applicable development standards of this Chapter;
4. The proposed site is not located within a 500-foot radius from any existing residential zone or use.
The distance between a proposed Adult-Oriented Business use and a residential zone or use shall be measured from the nearest exterior wall of the facility housing the Adult-Oriented Business use or proposed Adult-Oriented Business use to the nearest property line included within a residential zone or property in current residential use, along a straight line extended between the two points;
5. That the proposed site is not located within 1,000 feet of any other Adult-Oriented Business as defined in this Chapter which is located either inside or outside the jurisdiction of the City. The distance between the two Adult-Oriented Business uses shall be measured between the nearest exterior wall of the facility housing the Adult-Oriented Business use and proposed Adult-Oriented Business use along a straight line extended between the two points;
6. The proposed site is not located within 500 feet from any existing park, playground, religious facility, or school uses or property zoned Open Space (OS) or Public Facilities (PF). The distance between a proposed Adult-Oriented Business use and park, playground, church, or school uses or property zoned Open Space (OS) or Public Facilities (PF), shall be measured from the nearest exterior wall of the facility housing the Adult-Oriented Business use or proposed Adult-Oriented Business use to the nearest property line where the park, playground, church, or school use or property zoned Open Space (OS) or Public Facilities (PF) is located, along a straight line extended between the two points;
7. The proposed site is not located within 500 feet of a residential zone or use or within 500 feet of a park, playground, church, or school use located in or property so designated in the General Plan Land Use Element of an adjacent jurisdiction; and
8. Neither the applicant, if an individual, or any of the officers or general partners, if a corporation or partnership, have been found guilty or pleaded nolo contendere (no contest) within the past four years of a misdemeanor or a felony classified by the State as a sex or sex-related offense.
B. Conditions imposed on the permit. Any conditions imposed upon the permit shall be in keeping with the objective development standards of this Chapter and the underlying zone in which the property is located.
D4-11 - Registration of New Employees
A. Employee registration required. As a further condition of approval of every Use Permit issued in compliance with this Chapter, every owner or operator of an Adult-Oriented Business shall register every employee with the Police Department within five business days of the commencement of the employee's period of employment at the Adult-Oriented Business.
B. Color photographs and other information required. Each Employee shall be required to provide two recent color passport-quality photographs and, at the discretion of the Police Chief, shall allow himself or herself to be fingerprinted and subject to a background check by the Police Department for purposes of identification. In addition, each new employee shall provide the following information in a form provided by the Police Department:
1. Name, current resident address, and telephone number;
2. Date of birth;
3. Social Security number;
4. Height, weight, color of eyes and hair; and
5. Stage name, if applicable, and other aliases used within the previous two years.
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7 C. Current employee register required. Each owner or operator of an Adult-Oriented Business shall maintain a current register of the names of all employees currently employed by the Adult-Oriented Business, and shall disclose the registration for inspection by any Police Officer for the purposes of determining compliance with the requirements of this Section.
D. Failure to comply. Failure to register each new employee within five days of the commencement of employment, or to maintain a current register of the names of all employees shall be deemed a violation of the conditions of the Use Permit and may be considered grounds for suspension or revocation of the permit in compliance with Section D4-16 (Permit Revocation).
D4-12 - Adult-Oriented Business Development Standards
A. Unlawful hours of operation. It shall be unlawful for any operator or employee of an Adult-Oriented Business to allow the adult business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 10:00 p.m. and 10:00 a.m. of any day.
B. Compliance with building and fire regulations. Maximum occupancy load, fire exits, aisles, and fire equipment shall be regulated, designed, and provided in compliance with the Fire District and building regulations and standards adopted by the City.
C. Observation of activities or materials outside prohibited. No Adult-Oriented Business shall be operated in any manner that permits the observation of any material or activities depicting, describing, or relating to specified sexual activities or specified anatomical areas from any public way or from any location outside the building or area of the establishment. This provision shall apply to any display, decoration, sign, show window, or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.
D. Outdoor lighting level required. All off-street parking areas and other exterior areas of the AdultOriented Business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light evenly distributed at ground level. The required lighting level is established in order to provide sufficient illumination of the parking areas, walkways, and outdoor areas serving the Adult-Oriented Business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises; a photometrics plan shall be submitted with the application.
E. All areas shall be readily accessible. The operator of an Adult-Oriented Business shall not permit any doors on the premises to be locked during business hours and, in addition, the operator shall be responsible to see that any room or area on the premises shall be readily accessible at all times and shall be open to view in its entirety for inspection by any law enforcement official.
F. Posting of California Penal Code Section 314 required. The Adult Oriented Business shall post in plain view inside the front portion of the business, a sign, in two-inch print which shall reference California Penal Code Section 314 which shall read as follows:
1. Every person who willfully and lewdly either: (1) exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or (2) procures, counsels, or assists any person so as to expose himself or take part in any model artist exhibition, or to make any other exhibition of himself to public view or the view of any number of persons, which is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor.
2. Upon the second and each subsequent conviction under Subparagraph 1., above, or upon a first conviction under Subparagraph 1., above after a previous conviction under California Penal Code
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8 Section 288, every person so convicted is guilty of a felony, and is punishable by imprisonment in State prison. (California Penal Code Section 314.)
G. Open to view by management. All indoor areas of the Adult-Oriented Business within which patrons are permitted, except rest rooms and customer changing rooms, if any, shall be open to view by the management at all times.
H. Additional "Adult Arcade" provisions. Any adult-oriented business which is also an "Adult Arcade" (see definition in Glossary), shall comply with the following additional provisions:
1. The interior of the premises shall be configured in so that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms and customer changing rooms. Restrooms and customer changing rooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured so that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this Subparagraph shall be direct line of sight from the manager's station.
2. The view area specified in Subparagraph 1., above shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. No patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.
3. No viewing room or changing room may be occupied by more than one person at any one time.
4. The walls or partitions between viewing rooms or booths, changing rooms, restrooms, and stalls or spaces contained therein shall be maintained in good repair at all times, with no openings in the walls between any two of the rooms that would allow viewing from one booth or room into another or that would allow physical contact of any kind between the occupants of any two of the booths or rooms.
5. Customers, patrons, or visitors who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing, shall not be allowed to stand idly by in the vicinity of any video booths, or to remain in the common area of the business, other than the restrooms. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.
6. The floors, seats, walls, and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen, or saliva in any of the booths shall be evidence of improper maintenance and inadequate sanitary controls; instances of these conditions may justify suspension or revocation of the Use Permit.
I. Indoor lighting level required. All interior areas of the Adult-Oriented Business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:
Location Minimum Illumination Level
(foot-candles)
Adult arcades 10
Bookstores and other retail establishments 20
Modeling studios 20
Motels/hotels 20 in public areas
Theaters and cabarets 5, except that a minimum of 1.25 shall be required during performances
J. Separate restrooms required. The Adult-Oriented Business shall provide and maintain separate restrooms for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using a restroom for females, and female patrons and employees shall be prohibited from using a restroom for males, except to carry out duties of repair, maintenance,
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9 and cleaning of the rest room facilities. The rest rooms shall be free from any Adult-Oriented Material.
Rest rooms shall not contain television monitors or other motion picture or video projection, recording, or reproduction equipment. The foregoing provisions of this Subparagraph shall not apply to an AdultOriented Business that deals exclusively with sale or rental of sexually oriented material or merchandise that is not used or consumed on the premises and which does not provide rest room facilities to its patrons or the general public.
K. Additional requirements for live entertainment. The following additional requirements shall pertain to Adult-Oriented Businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities, except for businesses regulated by the Alcoholic Beverage Control Commission:
1. No employee, owner, operator, responsible managing employee, manager, or permittee of an Adult-Oriented Businesses providing live entertainment shall allow any person below the age of 18 years upon the premises or within the confines of the business if no alcoholic beverage is served, or under the age of 21 if alcoholic beverages are served.
2. No entertainer shall dance with or otherwise be within four feet of a patron while performing for compensation or while on the Adult-Oriented Businesses premises. This four-foot separation shall be marked by a railing or other physical barrier designed to obstruct any contact between the entertainer and the patron(s).
3. No owner, operator, responsible managing employee, manager, or permittee shall permit or allow at licensed premises any patron to approach within four feet of an entertainer, or permit or allow an entertainer to approach within four feet of a patron.
4. All employees, other than entertainers while performing, shall, at a minimum while on or about the licensed premises, wear an opaque covering which covers their specified anatomical areas.
5. The Adult-Oriented Business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use.
6. The Adult-Oriented Business shall provide an entrance/exit for entertainers which is separate from the entrance/exit used by patrons.
7. The Adult-Oriented Business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If a separate access is not physically feasible, the Adult-Oriented Business shall provide a minimum three-foot wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence, or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.
8. No entertainer, either before, during, or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during, or after performances by the entertainer. This Subparagraph shall only apply to physical contact on the premises of the Adult-Oriented Business.
9. No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit any pay or gratuity from any patron.
L. Security guards required. Adult-Oriented Businesses shall employ security guards in order to maintain the public peace and safety, consistent with the following standards:
1. Adult-Oriented Businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than 35 persons, an additional security guard shall be on duty.
2. All Adult-Oriented Businesses shall have a responsible person who shall be at least 18 years of age, or 21 years of age if serving alcohol, and shall be on the premises to act as manager at all times
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10 during which the business is open. The individual designated as the on-site manager shall be registered with the Police Chief by the owner to receive all complaints and be responsible for all violations taking place on the premises.
3. All Adult-Oriented Businesses shall provide a security system that visually records and monitors the exterior premises of the property including all parking lot areas, or in the alternative, uniformed security guards to patrol and monitor the exterior premises of the property, including the parking lot areas during all business hours. These recordings are to be kept available for a minimum period of 72 hours. A sign indicating compliance with this provision shall be posted on the premises. The sign shall not exceed two by three feet and shall at a minimum be one foot by one and a half feet
4. Security guards shall be uniformed in a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of State law. No security guard required in compliance with this Subparagraph shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard.
M. X-rated movies or videos. The availability of X-rated movies or videos shall be restricted only to persons over 18 years of age. If an establishment that is not otherwise prohibited from providing access to persons under 18 years of age sells, rents, or displays videos or other motion picture media that have been rated "X" or rated "NC-17" by the motion picture rating industry ("MPAA"), or which have not been submitted to the MPAA for a rating, and which consist of images which are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, the videos shall be located in a specific Section of the establishment where persons under the age of 18 shall be prohibited. All access to sexually oriented material or merchandise shall be restricted to persons over 18 years of age.
N. Disposal in locked garbage receptacles only. Any and all sexually oriented materials or sexually oriented merchandise discarded by an Adult-Oriented Business shall be fully contained within a locked garbage receptacle at all times so that minors are not exposed to sexually oriented materials or sexually oriented merchandise.
The foregoing applicable requirements of this Section shall be deemed conditions of Use Permit approvals, and failure to comply with every requirement shall be grounds for revocation of the permit issued in compliance with these regulations.
D4-13 - Display of Permit
Each Adult-Oriented Business shall display at all times during business hours the Use Permit issued in compliance with the provisions of this Chapter for an Adult-Oriented Business in a conspicuous place so that the same may be readily seen by all persons entering the Adult-Oriented Business.
D4-14- Persons Under 18 Prohibited
It shall be unlawful for any permittee, operator, or other person in charge of any Adult-Oriented Business to employ, or provide any service for which it requires a Use Permit, to any person who is not at least 18 years of age.
D4-15 - Transfer of Adult-Oriented Business Regulatory Permits A. Only at approved address. A permittee shall not operate an Adult-Oriented Business under the authority of a Use Permit at any place other than the address of the Adult-Oriented Business stated in the application for the Adult-Oriented Permit.
B. No transfer without permit amendment. A permittee shall not transfer ownership or control of an Adult-Oriented Business or transfer a Use Permit to another person unless and until the transferee
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11 obtains an amendment to the permit from the Commission stating that the transferee is now the permittee. The amendment may be obtained only if the transferee files an application with the Commission in compliance with Sections D4-4 (Use Permit Required) and D4-5 (Application Requirements), above, accompanies the application with a transfer fee as set forth in the City’s Fee Schedule, and the Commission determines in compliance with Sections D4-6 that the transferee would be entitled to the issuance of an original Use Permit. The transfer fee shall be paid in lieu of the filing fee required by Section D4-5.
C. No transfer when subject to suspension or revocation. No Use Permit may be transferred when the permittee has been notified that the Use Permit has been or may be suspended or revoked.
D. No transfer in violation of this Section. Any attempt to transfer a Use Permit either directly or indirectly in violation of this Section is hereby declared void, and the Use Permit shall be deemed revoked.
D4-16 - Permit Revocation
A. Findings required for revocation. Any Use Permit issued in compliance with the provisions of this Chapter may be revoked by the City on the basis of any of the following:
1. The business or activity has been conducted in a manner which violates one or more of the conditions imposed upon the issuance of the permit or which fails to conform to the plans and procedures described in the application, or which violates the occupant load limits for the building in which the use is located set by the Fire Marshall;
2. The permittee has misrepresented a material fact in the application for permit or in any report required to be filed with the City or has not answered each question in the application truthfully;
3. The permittee has failed to obtain or maintain all required City, County, and State licenses and permits;
4. The permit is being used to conduct an activity different from that for which it was issued;
5. The building or structure in which the Adult-Oriented Business is conducted is hazardous to the health or safety of the employees or patrons of the business or of the general public under the standards set forth in the Uniform Building, Uniform Plumbing, or Uniform Fire Code;
6. The permitted business creates sound levels which violate the City's noise regulations (Section D3- 8);
7. The permittee, if an individual, or any of the officers or general partners, if a corporation or partnership is found guilty or pleaded nolo contendere to a misdemeanor or felony classified by the State as a sex or sex-related offense after the Adult-Oriented Business has commenced operation;
8. The permittee, employee, agent, partner, director, stockholder, or manager of an Adult-Oriented Business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the Adult-Oriented Business:
a. Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation; b. Use of the Adult-Oriented Business site as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur; c. Any conduct constituting a criminal offence which requires registration under Section 290 of the California Penal Code;
d. The occurrence of acts of lewdness, assignation, or prostitution including any conduct constituting violations of California Penal Code Sections 315, 316, 318, or 647(b); e. Any act constituting a violation of provisions of the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including, but not limited to, Sections 311 through 313.4; or
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12 f. Any conduct prohibited by this Chapter.
9. Failure to abide by any action previously imposed by an appropriate City official; and
10. The use for which the approval was granted has ceased to exist or has been suspended for 180 days or more.
B. Transmittal of notice. Written notice of hearing on the proposed permit revocation, together with written notification of the specific grounds of complaint against the permittee shall be sent by certified mail to the permittee at least 10 days before the hearing.
C. Relevant evidence. The Commission shall hold a public hearing on the proposed revocation of the permit. Notice of the public hearing shall be given in compliance with California Government Code Section 65091, as the same may be amended from time to time. In reaching a decision on the proposed revocation, the Commission shall not be bound by the formal rules of evidence. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.
D. Commission’s action. The Commission shall revoke, not revoke, or not revoke but add additional conditions to, the permittee's Use Permit. Any additional conditions imposed upon the permit shall be in keeping with the objective development standards of this Chapter and the underlying zone in which the property is located.
E. Transmittal of Commission decision. The Commission's decision shall be in writing, and shall be mailed to the applicant and all property owners within 300 feet of the use.
F. Decision within 30 days. The Commission shall make its final decision within 30 days of the public hearing.
G. Appeal of Commission’s decision. Any interested person may appeal the decision of the Commission to the Council in writing within 10 days after the Commission's written decision. In addition, within 10 days after the Commission's written decision, any member of the Council shall have the authority to direct that the Council review the decision of the Commission on the grounds that the individual council member believes that the matter should be decided by the Council.
H. De novo public hearing. Consideration of an appeal of the Commission's decision shall be at a de novo public hearing which shall be noticed in the same manner as the public hearing of the Commission and shall occur within 30 days of the filing of the appeal or initiation of review by the Council. In reaching its decision, the Council shall not be bound by the formal rules of evidence. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.
I. Council’s action on appeal. The Council action on the appeal of the Commission's decision shall be by a majority vote of the quorum, and upon the conclusion of the public hearing, the Council shall revoke, not revoke, or not revoke but add additional conditions to, the permittee's Use Permit. Any additional conditions imposed upon the permit shall be in keeping with the objective development standards of this Chapter and the underlying zone in which the property is located. The Council's decision shall be final and conclusive.
J. No new permit within 12 months after revocation. In the event a permit is revoked pursuant to this Chapter, another adult use development permit to operate an adult business shall not be granted to the permittee within 12 months after the date of the revocation.
D4-17 - Violations
Any person who violates any section of this Chapter shall be guilty of a misdemeanor and is subject to a fine and/or imprisonment in compliance with the limits set forth in California Government Code Section 36901, as it may be amended from time to time, or any other legal remedy available to the City.
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13 D4-18- Applicability to Other Regulations
The provisions of this Chapter are not intended to provide exclusive regulation of the Adult-Oriented Business uses. These uses shall comply with any and all applicable regulations imposed in other articles of this Land Use Code, other City ordinances, and State and Federal law.
D4-19- Conduct Constituting a Public Nuisance
The conduct of any business within the City in violation of any of the terms of this Chapter is hereby found and declared to be a public nuisance, and the City Attorney or the District Attorney may, in addition or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal, and enjoinment thereof, in the manner provided by law; and shall take other steps and shall apply to other courts as may have jurisdiction to grant relief that will abate or remove the Adult-Oriented Business and restrain and enjoin any person from conducting, operating, or maintaining an Adult-Oriented Business contrary to the provisions of this Chapter.
D4-20 - Inspections
An applicant or permittee shall permit representatives of the Police Department, Health Department, Planning Department, or other City Departments or Agencies to inspect the premises of an Adult-Oriented Business for the purpose of ensuring compliance with the law and the development standards applicable to Adult-Oriented Businesses, at any time it is occupied or opened for business. A person who operates an Adult-Oriented Business or his or her agent or employee is in violation of the provisions of this Section if he/she refuses to permit the lawful inspection of the premises at any time it is occupied or open for business.
Chapter II - Alternative Energy Structures
Contents:
D4-21 - Purpose
D4-22 - Solar Energy System
D4-23 - Wind Energy Equipment
D4-21 - Purpose
This Chapter provides regulations for alternative energy structures and equipment, including solar power equipment and windmills(wind energy conversion systems), to assist residents and businesses in reducing the consumption of electricity produced by sources outside of the community.
D4-22 - Solar Energy System
The provisions of this Section are intended to ensure that solar energy systems are protected from shading, conform in appearance to the surrounding neighborhood, and to provide design guidelines and installation standards.
A. Definitions.
Solar Energy System means either:
1. Any solar collector whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.
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14 2. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.
(CA Civil Code Section 801.5)
Solar Collectors include:
1. Solar Photovoltaic (PV) System,
2. Building Integrated Photovoltaics (BIPV),
3. Solar Thermal Panels, and like systems; or
4. other solar energy device
Small Residential Rooftop Solar Energy System means all of the following:
1. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.
2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city, and meets all applicable safety and performance standards established by the State.
3. A solar energy system installed on a single or duplex family dwelling unit
4. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction
B. Protection of solar access. A structure, fence, or wall shall not be constructed or modified in a residential zone, and vegetation may not be placed or allowed to grow after the effective date of this Chapter, so as to obstruct more than 10 percent of the absorption area of a solar energy system on a neighboring parcel at any time.
C. Solar Energy System design and installation standards. Solar energy system, except Small Residential Rooftop Solar Energy System, shall be designed and installed in compliance with the following standards:
1. Solar collectors.
a. Roof-mounted collectors shall be placed in the location least visible from public streets without reducing the operating efficiency of the collectors, unless they are integrated into the design of the structure as an architectural element.
b. Wall-mounted and ground-mounted collectors shall be screened from public view. c. Roof-mounted collectors shall be mounted at the same angle or as close as possible to the pitch of the roof.
2. Appurtenant equipment. Equipment appurtenant to solar collectors, including plumbing, and related fixtures, shall be installed within a structure on which the collectors are mounted, where feasible, or shall be screened from public view. Appurtenant equipment outside of a building shall comply with applicable setback requirements.
3. Accessory fixtures. Large accessory fixtures that generally require exposure (e.g., storage tanks) shall be screened through architectural features that harmonize with other elements of the structure.
4. Exterior finishes. Where feasible, exterior surfaces should have a matte finish and should be colorcoordinated to harmonize with roof materials or other dominant colors of the structure.
D4-23 - Wind Energy Equipment
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Packet Pg. 151 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
15 Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), a windmill proposed for the generation of electricity, hereafter referred to as a "windmill," shall comply with the requirements of this Section.
A. Application requirements. The Use Permit application shall include all information and materials required by Section D6-16, and the following.
1. Standard drawings and an engineering analysis of the system's tower, showing compliance with the Uniform Building Code (UBC), and certification by a California-licensed professional mechanical, structural, or civil engineer. A "wet stamp" shall not be required on the drawings and analysis if the application demonstrates that the system is designed to meet the most stringent wind requirements (UBC wind exposure D), the requirements for the worst seismic class (UBC Seismic 4), and the weakest soil class, with a soil strength of not more than 1,000 pounds per square foot.
2. Information demonstrating that the system will be used primarily to reduce on-site consumption of electricity.
3. Evidence that the provider of electric utility service to the site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant intends, and so states in the application, that the system will not be connected to the electricity grid.
4. Evidence that the proposed height of the windmill tower does not exceed the height recommended by the manufacturer or distributor of the system.
B. Minimum site area. A windmill shall only be located on a parcel of one acre or larger.
C. Limitations on location. No more than one windmill shall be approved on a single parcel, or closer than 500 feet from another windmill.
D. Windmill design standards.
1. Setback requirements. A windmill shall not be located closer to a property line than the height of the windmill (the distance from the ground to the topmost point of the windmill blades.
2. Height limit. A windmill tower shall not exceed the maximum height allowed by the applicable zone.
3. Windmill turbine. The turbine proposed for the system shall have been approved by the California Energy Commission (CEC) as qualifying under the Emerging Renewables Fund of the CEC's Renewables Investment Plan, or certified by a national program recognized and approved by the CEC.
E. Noise standards. A windmill shall be designed, installed, and operated so that noise generated by the system shall not exceed the lesser of 60 decibels (dBA), or the maximum noise levels established by the Noise Ordinance for the applicable zone, as measured at the property line, except during shortterm events including utility outages and severe wind storms.
F. Required findings for approval. The approval of a Use Permit for a windmill shall require that the Review Authority first find that the location and design of the windmill will not produce excessive visual impact or cause the windmill to be the dominant visual feature on a ridgeline when viewed from a public right-of-way, in addition to the findings required for Use Permit approval by Section D6-28 (Use Permits and Minor Use Permits).
Chapter III - Standards for Specific Land Uses
Contents:
D4-24 - Purpose
D4-25 - Applicability
D4-26 - Accessory Structures
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Packet Pg. 152 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
16 D4-27 - Bed and Breakfast Inns and Short-Term Rentals D4-28 - Card Rooms
D4-29 - Reserved Child Day Care Facilities
D4-30 - ReservedCommercial Entertainment Facilities
D4-31 - Employee Eating Areas
D4-32 - Heliports
D4-33 - Home Occupations
D4-34 - Live Entertainment
D4-35 - Outdoor Display, Storage, and Vending
D4-36 - Mobile Homes and Mobile Home Parks
D4-37 - Recycling Facilities
D4-38 – ReservedNon-Retail Uses within Retail/Commercial Centers D4-39 - Accessory Dwelling Units
D4-40 - Service Stations and Car Washes
D4-24 - Purpose
This Chapter provides site planning, development, and/or operating standards for certain land uses that are allowed by Division D2 (Allowable Land Uses and Zoning Standards) within individual or multiple zones, and for activities that require special standards to mitigate their potential adverse impacts.
D4-25 - Applicability
The land uses and activities covered by this Chapter shall comply with the provisions of each Section applicable to the specific use, in addition to all other applicable provisions of this Zoning Ordinance.
A. Where allowed. Each use shall be located only where allowed by Division D2 (Allowable Land Uses and Zoning Standards).
B. Planning permit requirements. Each use shall be authorized by the planning permit required by Division D2, except where a planning permit requirement is established by this Chapter for the specific use.
C. Development standards. The standards for specific uses in this Chapter supplement and are required in addition to all other applicable provisions of this Zoning Ordinance (e.g., Divisions D2 and D3, etc.).
1. The land use tables in Division D2 determine when the standards of this Chapter apply to a specific land use.
2. In the event of any conflict between the requirements of this Chapter and those of Divisions D2 or D3, the requirements of this Chapter shall control.
D4-26 - Accessory Structures
The purpose of this Section is to establish standards for usage, construction timing, projections into required setbacks, siting, design, and lot coverage of accessory structures. Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), accessory structures shall comply with the requirements of this Section.
A. Requirements for all accessory structures.
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Packet Pg. 153 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
17 1. Relationship to primary use. An accessory use and/or structure shall be incidental to the primary use of the site, and shall not alter the character of the primary use.
2. Timing of installation. An accessory structure shall only be constructed concurrent with or after the construction of the primary structure on the same site except that construction trailers may be placed on a site at the time site clearance and grading begins, and may remain on the site only for the duration of construction.
3. Allowed projections into setbacks. An architectural feature of an accessory structure may extend into a required front, side or rear setback in compliance with Table 4-1.
TABLE 4-1
ALLOWED ACCESSORY STRUCTURE PROJECTIONS INTO SETBACKS
Projecting Feature
Allowed Projection into Required Setback
Front/Street Side
Setback
Interior
Side Setback Rear Setback
Awnings and canopies 6 ft 30 in (1) 6 ft (1)
Balcony, landing, porch, stairway - Uncovered,
unenclosed, and less than 30 in. above grade 25% of setback Balcony, landing, porch, stairway - Covered and
enclosed by roof and walls Not allowed in any setback
Balcony, landing, porch, stairway - Covered but
unenclosed 6 ft 30 in (1) 6 ft (1)
Bay window, or similar projecting feature 30 in The greater of 30 in or 20% of setback (1) 30 in
Chimney/fireplace, 6 ft. or less in breadth, media
niche 24 in 24 in (1) 24 in (1)
Chimney/fireplace, more than 6 ft. in breadth,
media niche Not allowed 24 in (1) 24 in (1)
Cornice, eave, mechanical equipment, roof
overhang 24 in 24 in (1) 24 in (1)
Notes: (1) Feature may project an additional 6 inches if the minimum provided setback is greater than 5 feet.
B. Exemptions - Decks. A deck shall be exempt from the provisions of section D4-26 only if constructed with an approved Development Plan.
C. CC, CT, CCMU, CR, MC, CS, DMU-N, DMU-S, MUX, MUR MU, OA, and OL zones. An accessory structure shall comply with the following standards, in addition to those in Subsection A.
1. Setback requirements. An accessory structure shall not occupy a required front or corner side setback, or project beyond the front building line of the primary structure on the site. In addition, an accessory structure located to the rear of a primary structure shall be set back from the interior side and rear property lines by a minimum of five feet, unless the accessory structure complies with the height limit requirements of Subsection C.2.
2. Height limit. An accessory structure shall not exceed a maximum height of 16 feet, provided that:
a. A structure placed at a property line shall not exceed six feet in height at the property line, and shall not intercept an inclined daylight plane sloping inward from a point six feet above the property line and rising one foot for each foot of distance from the property line.
D. MW, AG, OS, P, GC, M-1, and M-2 and PS zones. Accessory structures shall comply with all regulations applicable to the principal primary structure. Off-site accessory uses may be allowed only with a Minor Use Permit approval.
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Packet Pg. 154 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
18 E. R zones. Each accessory structure within a residential zone shall comply with the following requirements.
1. Maximum total floor area. The total floor area of all accessory structures on the site with a solid roof over four feet in height and/or deck structures over four feet in height shall not exceed three percent of the lot area. Common areas owned by homeowners’ associations are exempt from the maximum floor area (i.e. pool house, etc.).
An accessory structure with operable louver roofing, which is capable of opening the roof to the sky, is exempt from this total floor area limitation.
2. Height limit. An accessory structure shall not exceed the height limit as stated in Table 4-2. See Section D3-6.D. (Height Limits and Exceptions) to determine how height is measured.
Table 4-2
Maximum Accessory Structure Height
HR, RE-B, RS, RM, RMH, RH and
RVH RC, RE-A and RR
Accessory structure 12 feet 16 feet
Decks Floor plate of the top story of the residence
(1) (2)
Floor plate of the top story of the residence (1)
(2)
Accessory structure within
front setback
3 feet, plus an additional 18 inches for
decorative features or lighting
3 feet, plus an additional 18 inches for
decorative features or lighting
Notes:
(1) Maximum railing/screen height shall be the minimum required under the Uniform Building Code. (2) Decks constructed with an approved Development Plan shall be exempt from height regulations in Table 4-2.
3. Setback requirements. Accessory structures shall comply with the following setback requirements. a. Front setback. An accessory structure shall be set back from a front property line by a minimum distance:
1. As required by Subsection D.3.c for animal structures.
2. An accessory structure in a required front yard setback shall comply with the driveway visibility requirements of Section D3-10 (Setback Requirements and Exceptions), and the site obstruction requirements of Section D3-37 (Driveways and Site Access). b. Side and rear setbacks. An accessory structure shall be set back from the side and rear property line as follows.
1. If the structure is of 18 inches or less in height, no setback is required;
2. If the structure is greater than 18 inches but 6 feet or less in height, a three-foot setback is required; and
3. If the structure is greater than 6 feet in height, the setback shall be equal to the height less three feet.
c. Setbacks for animal keeping structures.
1. Small animal structures. The minimum setback for structures housing small domestic animals shall be 60 feet from the front property line; and 40 feet from both the side and rear property lines (small structures housing dogs are excluded from this standard). For chicken coops, see Division D4, Chapter VII.
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Packet Pg. 155 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
19 2. Large animal structures. The minimum setback for barns, stables, and similar accessory structures housing large animals shall be 100 feet from the front property line; and 50 feet from both side and rear property lines.
F. PD zone. The size and location of accessory structures shall comply with the requirements of the adopted PD or specific plan for the applicable PD zone. If the PD standards do not address standards for accessory structures, then the requirements of R zone apply to residential developments and C zone standards apply to commercial developments.
D4-27 - Bed and Breakfast Inns and Short-Term Rentals
Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), Bed and Breakfast Inns and Short-Term Rentals (internet based or otherwise), shall comply with the requirements of this Section.
A. Definitions. Except where the context otherwise requires, the following definitions are applicable to this Section:
Short-term rental (STR). A dwelling that is leased or rented in full or in part for the purpose of overnight lodging for less than thirty (30) consecutive day terms. Short-term rentals are not considered home occupations for permitting and are treated separately.
Bed and Breakfast Inn (B&B). A residential structure with one or more bedrooms rented for overnight lodging throughout the year, where meals may be provided subject to applicable Environmental Health Department regulations.
Dwelling. Any structure, or any portion of any structure, which is occupied or intended or designed for exclusively residential occupancy by transients for habitation, lodging or sleeping purposes. Dwellings include single-family and multifamily uses, but do not include a hotel, motel or boarding house.
Transient. Any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of twenty-nine (29) consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a short term rental shall be deemed a transient until the period of twenty-nine (29) days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy.
Occupancy. The use or possession, or the right to the use or possession of any room or rooms or portion thereof, in any dwelling for habitation, lodging or sleeping purposes.
Operator. The person who is proprietor of the bed and breakfast inn or short term rental, whether in the capacity of owner, lessee, sub-lessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs his or her functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as his or her principal. Compliance with the provisions of this Chapter by either the principal or the managing agent shall, however, be considered to be compliant by both.
Person. Any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.
Rent. The consideration charged, whether or not received, for the occupancy of space in a short-term rental valued in money, whether to be received in cash, credits and property and services of any kind or nature.
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Packet Pg. 156 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
20 Hosted short-term rental. The renting of a room or portion in a dwelling in which the Operator is living onsite and actively managing the activities that occur on the property.
Un-hosted short-term rental. The renting of a whole dwelling, room(s) or property in which the Operator is not onsite to manage the activities that occur on the property, but has provided a local contact to address potential issues.
B. Bed and Breakfast Inns.
1. Owner occupancy required. A bed and breakfast inn shall be operated by the property owner living on the site. This requirement may be waived by the Planning Commission.
2. Limitation on number of guest rooms. A bed and breakfast inn shall be limited to a maximum of six guest rooms for lodging.
3. Signs. Signs shall be limited to a single sign with a maximum area of six feet. The face of the sign may be indirectly illuminated by an exterior light source entirely shielded from view, but no internal illumination from an interior light source shall be permitted.
C. Short-Term Rentals
1. Registration Required. It is unlawful for any person to operate a short-term rental within any residential district as defined by Division D2 (Allowable Land Uses and Zoning Standards) in the City without first registering the short term rental pursuant to this section.
2. Registration Application Requirements. Each short-term rental shall be registered annually with the City or by completing a City-provided registration form containing the following information:
a. The physical address and type of the short-term rental (hosted or un-hosted). b. The name, address, telephone number, and signature of the property owner of the short-term rental for which the registration is sought.
c. The name, address, telephone number, and signature of the short-term rental operator (if different than the property owner) who will be responsible for operating the rental. d. The name and telephone number of local contact person(s) who can be available twenty-four (24) hours a day to accept telephone calls and respond physically to the short-term rental within thirty (30) minutes when the short-term rental is rented. e. The number of bedrooms in the short-term rental which will be used to calculate the occupancy limit for the short-term rental when it is being rented in full or in part. f. Acknowledgement that the owner/operator shall include the City short-term rental registration number provided with the proof of registration on any written advertisements (whether in paper or electronic form) for use of the short-term rental.
g. Acknowledgement that all construction at the property containing the short-term rental was conducted in compliance with building codes applicable at the time. h. Acknowledgement that the short-term rental does and shall comply with all Terms of Use requirements set forth in Subsection D below.
i. Proof of insurance that demonstrate that the property is insured for the use of a short-term rental.
j. Acknowledgement of the requirement to hold harmless, indemnify and defend the City and staff against claims and litigations arising from or related to the issuance of the short-term rental registration.
D. Terms of Use/Conditions of Operation. In the registration filed with the City, the owner and Operator (if different from the owner) shall acknowledge the following requirements and conditions:
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Packet Pg. 157 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
21 1. When any portion of the short-term rental is rented, the total maximum occupancy of the dwelling containing the short-term rental is limited to the maximum number specified on the proof of registration. That maximum is calculated as follows: two (2) adults per bedroom.
2. The short-term rental shall not be rented for the purpose of holding special events such as weddings, conferences, parties, etc.
3. All short-term rentals shall be associated with a habitable structure/dwelling. No tents, RVs or camping shall be allowed as a short-term rental.
4. The owner/operator of a short-term rental on any given lot may only arrange for one rental contract to take place at any given time on that property.
5. The short-term rental owner and operator are jointly responsible for ensuring the short-term rental complies with all local, state and federal health and safety requirements, including those regarding smoke detectors, fire alarms and fire extinguishers.
6. The short-term rental owner and operator are jointly responsible for compliance with all City regulations including those regarding noise, property maintenance, trash and occupancy.
7. Parking for short-term rentals shall utilize the onsite parking (garage and driveway), as provided for by the property design and layout. Street parking shall be utilized only after the onsite options have been exhausted. No oversized vehicle shall be parked on the property associated with a short-term rental and there shall be no parking on landscape areas.
8. No signage shall be permitted in association with short-term rentals.
9. The Operator shall register with the City for the collection and remittance of Transient Occupancy Taxes (TOT) associated with the operation of the short-term rental. The Operator shall be responsible for annual payments of TOT less any TOT payments collected by host websites which are subject to a separate agreement with the City.
10. The short-term rental registration is non-transferable.
11. The Operator shall be responsible for providing the renter copies of the Terms of Use, any additional house rules, and ensuring compliance with those standards.
12. The renting of un-hosted short-term rentals shall be limited to a maximum of 12 weeks per year.
Hosted short-term rentals, with onsite live-in Operators, are not subject to specific limitations on the renting of rooms, etc.
13. No short-term rentals shall be allowed within a dwelling unit that is subject to an affordable housing agreement which restricts the dwelling unit from being rented.
14. Any modification, improvements and conversions within the dwelling unit shall be made in compliance with the Uniform Building Code and subject to the building permitting process.
E. Application Review. The Director (or designee), shall be responsible for reviewing the site conditions and verifying the veracity of the information provided on the registration applications. Based on that review, the Director shall have the authority to impose additional conditions on the Terms of Use based on site conditions or other concerns that result from the application review. Any additional conditions imposed by the Director may be appealed to the Planning Commission.
F. Registration and Renewal Fee Required. At the time of registration or renewal, the owner/operator shall pay a registration fee in an amount set from time to time by Resolution of the City Council to reimburse the City for the cost of processing the registration. Registration shall be initiated only upon the successful payment of the registration fee and a complete registration packet. An annual renewal application and fee shall be submitted 30 days prior to the expiration of the current short-term rental registration. The registration and renewal fees are non-refundable.
G. Enforcement. Violations of this Section may be enforced pursuant to TITLE B of the Municipal Code.
Upon a determination of a violation of the short-term rental standards or the determination that the
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Packet Pg. 158 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
22 operation of the short-term rental constitutes a public nuisance, a public hearing may be scheduled by the Zoning Administrator to consider revocation of the registration and the ability to operate a shortterm rental at the subject property per Section D7-32 of the Zoning Ordinance. A revoked short-term rental registration shall not be considered for re-issuance for a period of 12 months following the effective date of the revocation.
(Ord. No. 496, § 2, 01/28/2020)
D4-28 - Card Rooms
Card rooms shall comply with the requirements of Municipal Code DIVISION B1, Chapter I (Cardrooms).
D4-29 - ReservedChild Day Care Facilities
Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), large family day care homes shall comply with the requirements of this Section.
A. Purpose. The intent of these regulations is to prescribe reasonable standards for large family day care homes in San Ramon.
B. Permit required. A Use Permit issued by the Zoning Administrator shall be required before operating a large family day care home.
C. Hearing. If requested in writing after a 15-day notice from the City, a hearing will be held on the application for a large family day care home.
D. Contents of application. An application for a Large Family Day Care Home Permit shall contain the information as outlined by the Zoning Administrator with the General Submittal Requirement List.
E. Findings required. The Zoning Administrator shall issue a Use Permit only when the following findings can be made:
1. The proposal adheres to all State of California Department of Social Services requirements for large family day care homes; and
2. The large family day care home is not within 300 feet of any other legally established large family day care home; and
3. The Fire and Building Departments approve clearance for use of the residential structure as a large family day care home; and
4. The primary use of the structure is as a residence; and
5. Operation of the large family day care home at the proposed location will not result in hazardous traffic circulation, traffic conditions, and parking; and
6. Operation of the large family day care home at the proposed location will be in compliance with adopted noise standards applicable to the site.
F. Standards. All large family day care homes shall comply with all applicable State standards and requirements for family day care homes. In addition, all large family day care homes shall comply with the following standards:
1. Outdoor play area. Outdoor play areas shall be provided at all large family day care homes. a. All outdoor play areas shall be enclosed by a natural barrier, wall, solid fence, or other solid structure at least 6 feet in height.
b. All outdoor play areas shall be adequately separated from driveways, streets, and parking areas.
2. Parking. Adequate parking shall be provided for employees of the large family day care home and for pick-up and drop-off of children at the home in accordance with the following standards:
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Packet Pg. 159 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
23 a. In addition to the off-street parking spaces required for the residential zone, one additional offstreet parking space shall be provided per employee, and can be within the setback and/or in the driveway.
b. Adequate space shall be available for the safe pick-up and delivery of children to the day care home. This space shall be off-street, and can be in the driveway or off-street parking area.
1. Overconcentration. A large family day care home shall be a minimum of 300 feet from any other legally established large family day care home. The 300-foot minimum distance shall be measured from the subject site property linesto the property lines of any other legally established large family day care home. Small family day care homes and day care centers are not included when determining overconcentration.
2. Noise. The applicant shall address noise impacts on neighboring properties consistent with the noise standards of the City.
C. Appeals. Decisions of the Zoning Administrator may be appealed to the Planning Commission in accord with Chapter D7-II (Appeals and Calls for Review).
D4-30 - Reserved Commercial Entertainment Facilities
Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), commercial entertainment facilities shall comply with the requirements of this Section.
A. Purpose. The intent of these regulations is to control the location and hours of operation of game centers so as not to allow school children to play the games during school hours nor to encourage minors to congregate in areas close to commercial establishments that sell alcoholic beverages.
B. Permit required. A Use Permit shall be required to install, operate or maintain six or more games.
C. Duration and renewal of permit. Initially, the permit shall be valid only for one year; thereafter, the Zoning Administrator may renew the permit for periods of not more than two years. The procedure for renewal is the same as that for the initial application, and the same factors considered for the initial application shall be considered for the renewal.
D. Adult manager. At least one adult manager (18 years of age, or 21 or over if serving alcohol) shall be on the premises during the time a game center is open to the public.
E. Location criteria.
1. A game center shall not be permitted within 300 feet of a school site or the boundary of an R zone, or within 500 feet of a liquor store, a cocktail lounge or bar. The distance shall be measured in a straight line from the main public entrance to the game center to the property line of the school site, the zone boundary, or the main public entrance of the liquor store or cocktail lounge, as the case may be. Exits not limited to emergency use only shall generally be directed away from an R zone adjoining the site.
2. Within the CC Zone, game centers with not more than five games shall be permitted, subject to the restrictions that may be imposed pursuant to Subsection F below.
F. Restrictions. The Zoning Administrator may impose reasonable restrictions on the physical design, location, and operation of a game center in order to minimize the effects of noise, congregation, parking, and other nuisance factors that may be detrimental to the public health, safety and welfare of the surrounding community.
G. Appeals. Any person may appeal the decision of the Zoning Administrator on an application for an initial permit or a renewal of a game center permit to the Planning Commission in accord with Chapter D7-II (Appeals and Calls for Review)
D4-31 - Employee Eating Areas
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Packet Pg. 160 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
24 Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), outdoor employee eating areas shall comply with the requirements of this Section.
A. Standards.
1. A minimum of 150 square feet of outdoor eating facilities shall be provided for office buildings of 10,000 gross sq. ft. or greater, excluding warehouse and storage space. A larger outdoor eating area shall be required for larger buildings in an amount to be determined by the Zoning Administrator.
Credit toward the required amount of square footage will be given for indoor eating facilities as determined by the Zoning Administrator.
2. The area shall be easily accessible to employees and shall be located to offer a sense of privacy.
3. The area shall be landscaped and provided with attractive outdoor furniture, i.e., metal, wood, or concrete picnic tables, benches/chairs and trash receptacles.
4. A site plan showing the location, landscaping and facilities required above shall be submitted to the Zoning Administrator for approval as part of the development application.
B. Exceptions. This Section shall not apply to industrial/office buildings that are located within 1,000 feet of an approved mini-park or a City park that include facilities for eating and are accessible by walking as determined by the Zoning Administrator.
D4-32 - Heliports
Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), heliports shall comply with the requirements of this Section.
A. Purpose. These regulations establish location criteria and development standards for helicopter takeoff and landing areas to protect the public health, safety and welfare, and to minimize land-use conflicts, noise impacts, and operational hazards.
B. Permit required. A Use Permit shall be issued by the Planning Commission, for the construction and operation of a heliport, helipad, or helistop upon finding that:
1. The helipad, heliport, or helistop conforms to the location criteria and standards established in Subsections D. and E., and the requirements of the California Department of Transportation, Division of Aeronautics;
2. The heliport, helipad, or helistop is compatible with the surrounding environment; and
3. The proposed operation of the helicopter facility does not pose a threat to public health, safety or welfare.
The Planning Commission may impose conditions on approval of the Use Permit to prevent adverse impacts on surrounding properties; if such impacts cannot be mitigated to an acceptable level, the Use Permit application shall be denied.
C. Location criteria.
1. Relation to transportation system. The heliport, helipad, or helistop shall be located within 3,000 feet of a freeway as designated on the General Plan.
2. Minimum separation. Minimum separation between heliports, helipads, and helistops shall be 1.5 miles, except for facilities specifically intended for emergency use, such as medical evacuation, and temporary landing sites.
3. Protected areas. No heliport, helipad, or helistop shall be located within 1,000 feet of an R zone or the site of a public or private school or within 500 feet of a park provided that heliports, helipads or helistops specifically intended for emergency use may be within 500 feet of an R zone, a park or a public or private school. Temporary landing sites within 1,000 feet of a public or private school may
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Packet Pg. 161 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
25 be allowed with a temporary Use Permit subject to approval of: (a) the City of San Ramon; (b) the San Ramon Valley Unified School District; and (c) the California Department of Transportation.
D. Site development standards.
1. Approach and departure paths 65 feet wide shall be free of obstruction for a minimum distance of 400 feet.
2. Setbacks from property lines shall be as follows:
a. Takeoff and landing area - 100 feet;
b. Helicopter maintenance facilities - 25 feet;
c. Administrative or operations building - 15 feet.
3. Any lighting used for nighttime operations shall be directed away from adjacent properties and public rights-of-way.
4. A telephone shall be provided on or adjacent to the heliport, helipad or helistop.
5. Helipads, heliport or helistops intended for emergency use shall have a landing pad with a standard landing area designated and the words "Emergency Only". The initial direction of the departure routes shall be indicated on the takeoff and landing area.
E. Application requirements. The following additional information shall be submitted with a Use Permit application:
1. An area map, at a scale of 1" = 800' showing existing land use within a two-mile radius of the facility site and the proposed flight paths.
2. A plot plan of the site and vicinity, including all land within a 400-foot radius of the takeoff and landing area, that shows clearly the height of the takeoff and landing area; the height of existing, approved and proposed structures and trees within 100 feet of the approach and takeoff flight paths; and the maximum allowable building height under existing zoning.
3. A description of the proposed operations, including the type of use, names and descriptions of helicopters expected to use the facility, and anticipated number and timing of daily flights.
4. A helicopter noise study including a map of the approach and departure flight paths at a scale of 1" = 800' showing existing day/night average noise levels in decibels (LDN noise contours), future day/night average noise levels with the proposed facility and anticipated flight operations, and single-event maximum sound levels associated with the types of helicopters expected to use the facility.
F. Appeals. Decisions of the Commission may be appealed to the Council in compliance with Chapter D7- II (Appeals and Calls for Review).
D4-33 - Home Occupations
Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), home occupations and Cottage Food Operations shall comply with the requirements of this Section.
A. Permit required. A home occupation or Cottage Food Operation in a residential zone shall require a home occupation permit unless a minor use permit is required by subsection D4-33.D (Minor Exceptions) or subsection D4-33.E (Cottage Food Operation). The Zoning Administrator shall issue the permit upon determining that the proposed home occupation complies with the requirements of this section.
B. Application contents. An application for a home occupation permit shall contain the information as required by the Zoning Administrator.
C. Required conditions. Home occupations shall comply with the following regulations:
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Packet Pg. 162 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
26 1. No clients may come to the home.
2. The use is incidental to the residential use of the dwelling.
3. The use shall be conducted entirely within a portion of the main building, not within any required parking facility and shall not exceed 20 percent of the building's floor area, excluding garage square footage. No outside storage shall be permitted.
4. No article shall be sold or offered for sale on the premises.
5. No person other than a resident of the dwelling shall be employed on-site or report to work at the site in the conduct of the home occupation This prohibition also applies to independent contractors.
6. The use will not generate vehicular or pedestrian traffic in excess of that which is normally associated with residential uses in the same zone.
7. No parking space will be obstructed and no additional parking space will be required for the home occupation.
8. There is no exterior indication of the home occupation, including signs.
9. The use will not create noise, odor, dust, fumes, vibration, smoke, electrical interference, or any other interference with residential uses of adjacent property.
10. No motor vehicle repair shall be permitted at operator’s residence. Auto cleaning, detailing, and minor replacement or repair of glass or accessory parts may be performed off-site.
11. No personal services shall be permitted on-site.
12. The address of the home occupation will not be advertised in any publication. Business cards and letterhead are not included in this requirement.
D. Minor Exceptions. Any minor exception to a home occupation such as, but not limited to client visits, outdoor uses, etc. shall require a Minor Use Permit in accordance with Chapter D6-28 (Use Permits and Minor Use Permits). The Zoning Administrator may impose conditions as deemed necessary to protect the best interests of the surrounding area for a home occupation requiring approval of a Minor Use Permit.
1. Factors to be considered. The Zoning Administrator may consider factors such as, but not limited to the following during review of a home occupation requiring a Minor Use Permit:
a. Parking;
b. Traffic control;
c. Noise Control;
d. Operating characteristics;
e. Hours of operation;
E. Cottage Food Operation. A Cottage Food Operation with client visits and/or up to one non-resident employee in a residential zone shall require a Minor Use Permit, in accordance with Chapter D6-28 (Use Permits and Minor Use Permits).
1. Standards. The Zoning Administrator may consider reasonable standards, restrictions, and requirements related to the following:
a. Spacing and Concentration. A Cottage Food Operation with client visits and/or up to one nonresident employee shall be a minimum of 300 feet from any other legally established Cottage Food Operation with client visits and/or up to one non-resident employee. The 300 foot minimum distance shall be measured from the subject site property lines to the property lines of any other legally established Cottage Food Operation with client visits and/or up to one nonresident employee; b. Traffic control;
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Packet Pg. 163 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
27 c. Parking;
d. Noise Control
F. Discontinued Use. As determined by the Zoning Administrator, all permits issued pursuant to this section may become null and void if the business license for a home occupation or Cottage Food Operation is discontinued for a period of one year.
G. Revocation. A permit granted pursuant to this section may be revoked by the Zoning Administrator pursuant to the procedures established by Zoning Ordinance Division D7, Chapter V (Enforcement).
H. Appeals. In accord with Chapter D7-II (Appeals and Calls for Review), decisions of the Zoning Administrator may be appealed to the Planning Commission.
D4-34 - Live Entertainment
Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), live entertainment shall comply with the requirements of this Section.
A. Exits not limited to emergency use only shall generally be directed away from an R zone adjoining the site.
B. A Use Permit shall establish conditions ensuring that no litter problem will exist.
C. A Use Permit for live entertainment shall apply only to the type of entertainment approved, and a different type of entertainment shall require approval of a separate Use Permit.
D. Noise requirements and other limitations. Approval shall include conditions addressing:
1. Hours of operation;
2. Transferability; and
3. The temporary vs. permanent nature of the use.
D4-35 - Outdoor Display, Storage, and Vending
Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), outdoor display and salesshall comply with the requirements of this Section.
A. Outdoor display and storage.
1. Where permitted. The outdoor storage and display of merchandise, materials, or equipment, including display of merchandise, materials, and equipment for customer pick-up may occur only where allowed by the allowable land use tables in Division D2 for the specific zone applicable to the site.
2. Permit conditions, grounds for denial. A Minor Use Ppermit for outdoor display and storage, display, or food service may require yards, screening, or planting areas necessary to prevent adverse impacts on surrounding properties and the visual character of scenic areas as identified in the General Plan. If these impacts cannot be prevented, the Zoning Administrator shall deny the Minor Use Permit application.
3. Exceptions. Notwithstanding the provisions of Subsections A.1 and A.2 above, outdoor storage and display shall be permitted in conjunction with plant nurseries in zones where plant nurseries are allowed by Division D2, provided that the outdoor storage and display is limited to plants only.
4. Screening. Except for the land uses excepted by Subsection A.3 above, each outdoor storage and display area shall be screened from the view of streets by a solid fence or wall. The height of merchandise, materials, and equipment stored or displayed in the MW zone shall not exceed the height of the screening fence or wall. In other zones, sScreening shall be provided as prescribed by the Minor Use Permit.
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Packet Pg. 164 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
28 5. Coin-Operated Vending Machines. Each machine located in an R zone or within 300 feet of an R zone, except for machines located on the site of a service station, shall be buffered from view from public rights-of-way.
6. Outdoor eating areas. Sidewalk cafes and outdoor food service accessory to an Eating and Drinking Establishment shall include no outdoor preparation of food or beverages.
7. Appeals. Decisions of the Zoning Administrator may be appealed to the Planning Commission in compliance with Chapter D7-II (Appeals and Calls for Review).
B. Outdoor vending.
1. Purpose. To provide opportunities for outdoor vendors to operate where allowed by Division D2 (Allowable Land Uses and Zoning Standards) and to ensure that such operations are properly regulated in such a manner that their benefits to the City are realized and at the same time adverse impacts are minimized.
2. Definitions.
Vendor. A person with a current business license who sells, or offers to sell any type of merchandise, including food, beverages or edibles of any type whether hot, cold, fresh, prepared or packaged, from a mobile food truck, or at an approved location other than within a building or structure constructed on a permanent foundation that is rented, leased, or owned by that person.
Vending. Selling or offering to sell any type of merchandise, including food, beverages or edibles of any type, at any location other than within a building or structure constructed on a permanent foundation, which is rented, leased, or owned by the person selling or offering to sell the merchandise.
Vending equipment. Includes, but is not limited to any materials, merchandise, tools, vehicles, carts, tables, chairs, or other items owned by, in the possession of or associated with a licensed vendor.
3. Permits required.
a. Minor Use Permit. A Minor Use Permit issued by the Zoning Administrator shall be required for any vending locations in accordance with Chapter D6-28 (Use Permits and Minor Use Permits).
Where permitted. The outdoor vending land use may occur only where allowed by the allowable land use tables in Division D2 for the specific zone applicable to the site. b. Business License. Every vendor shall obtain a City Business License prior to operation. c. County Health Department. If food and/or beverages are being sold, a valid permit from the County Health Department is required.
d. Building and Fire Departments. All necessary permits and approvals from the Building and Fire Departments shall be obtained prior to operation of a vending business. e. Permit and license display. At all times while vending, a valid Business License and Minor Use Permit shall be displayed at the vending site.
f. Adverse Impacts. The Zoning Administrator may impose conditions of approval on the Minor Use Permit to prevent adverse impacts on surrounding uses.
4. Location criteria and hours of operation.
a. Hours. Hours of operation for vending businesses shall be as determined by the Minor Use Permit.
b. Location. Vending shall be allowed with an approved Minor Use Permit on private property in all the MU (Mixed Use) and CCMU (City Center Mixed Use), C (Commercial) and O (Office) zones only .
c.b. Vendors shall not operate:
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Packet Pg. 165 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
29 1. at a location where space for pedestrian passage will be reduced to less than four feet;
2. at a location which obstructs access to any entrance to any building or facility used by the public, including but not limited to doors and emergency exits;
3. within 10 feet of any handicap access ramp, pedestrian crosswalk, or fire hydrant;
4. within any landscaped area;
5. within the public right-of-way including streets and sidewalks;
6. within 100 feet of the frontage of a store or restaurant selling food and/or beverages for onsite consumption, in the case of a vendor selling food and/or beverages; or within 100 feet of the frontage of a store selling a similar commodity, in the case of a vendor selling commodities other than food and/or beverages;
7. within a public park or recreation area, except when licensed by the City as a concessionaire or when authorized by the City to vend at special events; and
8. within 200 feet of another approved vending location.
5. Standards and design criteria.
a. Vendors shall maintain their immediate sales location in a clean and hazard free condition; failure to so maintain and failure to clean the vending location of all waste shall be cause for revocation of the Use Permit.
b. Vendors selling food and/or beverages shall maintain garbage container(s) immediately adjacent to the vending location for use by customers.
c. No vendor shall use, play or employ any sound, outcry, amplifier, loudspeaker, radio or any other instrument or device for the production of sound in connection with the promotion of a vending operation.
d. No vendor shall sell any merchandise to any person who is in a motor vehicle at the time of sale. e. Every food vendor shall be required to have a written agreement giving the vendor the right to use permanent sanitary facilities located no more than 200 feet from the approving vending location.
f. No off-site signage advertising the vending operation is permitted. g. The maximum sign area is eight square feet per vendor. h. All signage shall be located on the vending equipment. i. Vending equipment shall be easily moved and self-supporting; at no time shall vending equipment be attached, tied, or locked to trees, hydrants, or other permanent vertical structures or benches.
j. After the permitted hours of operation, all vending equipment shall be stored off-site or within an enclosed structure on-site.
k. No vendor shall sell alcoholic beverages.
l. Vendors cooking food shall maintain a fire extinguisher at the vending location at all times. m. Vendors operating within a parking lot shall not inhibit traffic circulation and shall maintain the minimum required on-site parking stalls during operation.
6. Exceptions. The Zoning Administrator may grant minor exceptions to the regulations contained in Subsections D. and E. above, provided that the Required Findings can still be made.
7. Contents of application. An application for a Minor Use Permit shall contain the information as required by the Zoning Administrator in compliance with Section D6-28 (Use Permits and Minor Use Permits).
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Packet Pg. 166 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
30 8. Findings required. In addition to the required Findings for Use Permits and Minor Use Permits contained in Section D6-28.F, t The Zoning Administrator shall make the following additional findings:
a. The proposed vendor operation will maintain location and separation standards at all timesnot adversely impact adjacent businesses including the creation of unfair competition with merchants in fixed locations.
b. The vending equipment and operation will be aesthetically pleasing c. The vending operation will not adversely impact automobile and pedestrian safety, and will have minimal impacts on parking.
D4-36 - Mobile Homes and Mobile Home Parks
Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), mobile homes and mobile home parks shall comply with the requirements of this Section.
A. Purpose.
It is the intent of the City to provide opportunities for the placement of mobile homes in R zones and to insure that such mobile homes are designed and located so as to be harmonious within the context of the surrounding houses and neighborhood.
B. Definitions:
Mobile Home: A Mobile Home means a Manufactured Home as defined in the California Health and Safety Code Section 18008, which is a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight feet or more in width, or 40 feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. (Recreational Vehicles are not classified as Mobile Homes.) Tiny House: A Tiny House is considered as a Recreational Vehicle when it is designed and built on a single chassis to be towed and used as a dwelling unit, provided that it contains less than 320 sq. ft. of interior living room area including wardrobe, closets, cabinets, kitchen fixtures, and bath or toilet room (see Section D3-41 E.). If a Tiny House is designed and constructed on a permanent foundation with a minimum floor area of 150 sq. ft. including a kitchen sink, cooking appliance and refrigeration facilities, it is considered as an efficiency unit (see Section D4-39 Accessory Unit).
Mobile Home Park: A Mobile Home Park is a site planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes.
C. General Requirements
1. Mobile home parks are allowed by Division D2 (Allowable Land Uses and Zoning Standards) and shall comply with the requirements of this Section, except:
a. On substandard lots that do not meet the dimensional standards of Division D2.; or b. On lots with an average slope of more than 10 percent, or on any portion of a lot where the slope exceeds 15 percent.
2. A mobile home may be used for residential purposes if:
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Packet Pg. 167 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
31 a. Such a mobile home has been approved with an Architectural Review application as a primary structure in an R zone; or
b. Such a mobile home has been approved with an applicable building permit as an Accessory Dwelling Unit in an R zone; or
c. Such a mobile home has been approved with a Minor Use Permit by the Zoning Administrator as caretaker housing for their locations in an AG zone or , PS zone, or MW zone.
3. Mobile homes may be used for temporary uses, subject to the requirements of a Temporary Use Permit issued under Chapter D6-27 (Temporary Use Permits).
D. Design Criteria
The location and design of mobile homes for permanent installation shall comply with the following criteria in order to protect neighborhood integrity, provide for harmonious relationship between mobile homes and surrounding uses, and minimize problems that could occur as a result of locating mobile homes on residential lots.
1. Installation of mobile homes shall be consistent with the same restrictions on density and to the same property development standards and shall meet the following standards:
a. A mobile home must have been constructed on or after June 15, 1976, and must be certified under the National Manufactured Home Construction and Safety Act of 1974; b. A mobile home must be built on a permanent foundation approved by the Chief Building Official; c. The unit's skirting must extend to the finished grade; d. Exterior siding must be compatible with adjacent residential structures, and shiny or metallic finishes are prohibited;
e. The roof must have a pitch of not fewer than three inches vertical rise per 12 inches horizontal distance; and
f. The roof must be concrete or asphalt tile, shakes or shingles complying with the most recent edition of the Uniform Building Code fire rating.
2. For a mobile home park, or in a case where a mobile home is used as the primary structure on a single-family residential property, mobile homes shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards:
a. Each mobile/manufactured home (once assembled) must be at least 24 feet wide; b. The roof should have eaves or overhangs of not less than one foot, unless it would be incompatible with the existing architectural characteristics of the community; c. Required covered parking shall be compatible with the mobile home design and with other buildings in the area.
3. If a mobile home is used as an Accessory Dwelling Unit, as per Section D4-39 of this division, the location and the size shall be consistent with the applicable setback requirements for the subject property and shall be compatible in design and appearance with the primary residential structure on the subject property.
E. Surrender of State Vehicle Registration
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Packet Pg. 168 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
32 Whenever a mobile home is installed on a permanent foundation, any registration of said mobile home with the State of California shall be surrendered, pursuant to California Health and Safety Code Section 185519. Prior to issuance of any certificate of occupancy for the use of the mobile home, the owner shall provide the Chief Building Official with an evidence showing that the state registration of the mobile home has been or will be surrendered with certainty. If the mobile home is new and has never been registered with the state, the owner shall provide the Chief Building Inspector with a statement to that effect from the dealer selling the mobile home.
D4-37 - Recycling Facilities
Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), recycling facilitiesshall comply with the requirements of this Section.
A. Definitions.
Recyclable Material. Reusable material including, but not limited to metals, glass, plastic and paper which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form.
Recyclable Material may include electronic waste and universal waste provided that it is collected, handled, transported and recycled in accordance with California Universal Waste Regulations. Recyclable material does not include clothing and small goods covered under D4-37(A)(5) or refuse or hazardous materials, but may include used motor oil collected and transported in accordance with California Health and Safety Code Sections 25250.11 and 25143.2(b)(4).
Recycling Facility. A center for the collection and/or processing of recyclable materials.
A Certified Recycling Facility or Certified Processor. A recycling facility certified by the California Department of Resources Recycling and Recovery (CalRecycle) as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. a. Collection Facility. A center for the acceptance of donation, redemption, or purchase of recyclable materials from the public.
1. Small collection facilities occupy less than 500 square feet and may include:
- A mobile unit;
- Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet;
- Kiosk-type units that may include permanent structures; or - Unattended containers placed for the donation of recyclable materials.
2. Large collection facilities occupy more than 500 square feet and may include permanent structures as well as mobile units, bulk reverse vending machines, Kiosk-type units. b. Processing Facility. A building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.
1. A light-processing facility occupies less than 45,000 square feet and includes equipment for baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials, except ferrous metals other than food and beverage containers, and repairing of reusable materials.
2. A heavy-processing facility is any processing facility larger than a light-processing facility.
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Packet Pg. 169 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
33 Reverse Vending Machine. An automated mechanical device that accepts at least one or more types of empty containers including aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip. A reverse vending machine may sort and process containers mechanically, provided that the entire process is enclosed within the machine. a. A single-feed revenue vending machine is designed to accept individual containers one at a time. b. A bulk reverse vending machine is designed to accept more than one container at a time and to compute the refund or credit due on the basis of weight.
Mobile Recycling Unit. An automobile, truck, trailer, or van and appurtenant bins, boxes or containers used for the collection of recyclable materials.
Unattended Donation and Collection Boxes. Unattended donation and collections box or bin means any unattended container, receptacle, or similar device that is located on any lot within the City and that is used for soliciting and collecting donations of clothing or other small scale salvageable personal property. This term does not include recycle bins for the collection of “recyclable material” as defined by Section D4-37 A. (1) or any unattended donation or collection box located inside a building.
B. Permits required. No person shall place, construct, or operate any recycling facility without first obtaining a permit as follows:
TABLE 4-3 - RECYCLING FACILITIES PERMITS REQUIRED
Type of Facility Zones Permitted Permit Required
Single-Feed Reverse Vending
Machine(s) All MU, all C and MW Use Permit
Bulk Reverse Vending MC, CC, CS, and CT, and MW Use Permit Small Collection MC, CS, CT, MW, and PS Minor Use Permit Large Collection MC, CS, CT, MW, and PS Use Permit
Light Processing MW Use Permit
Heavy Processing MW Use Permit
Unattended Donation and Collection
Boxes All MU, all C, and PS, and MW Minor Use Permit
C. Permits for multiple sites.
1. A Use Permit or Minor Use Permit as indicated in Table 4-3 may be granted to allow more than one reverse vending machine or small collection facility located on different sites under the following conditions:
a. The operator of each of the proposed facilities is the same; b. The proposed facilities are determined by the Zoning Administrator to be similar in nature, size and intensity of activity; and
c. All the applicable criteria and standards set forth in this Chapter are met for each such proposed facility.
2. Unattended Donation and Collection Boxes shall require a Minor Use Permit for each commercial property or shopping center for which a box or boxes are located.
D. Design criteria and standards.
1. Reverse vending machines.
a. Each machine shall be located within 30 feet of the entrance to the primary commercial use on the site and shall not obstruct pedestrian or vehicular circulation, not within a landscaped area. b. No required parking space for the development shall be used for the reverse vending machine.
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Packet Pg. 170 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
34 c. Each machine shall occupy no more than 50 square feet of space, including any protective enclosure, and shall not exceed eight feet in height.
d. Each machine shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.
e. The maximum sign area is four square feet per machine, exclusive of operating instructions of Subsection D.1.d.
f. Adequate nighttime lighting shall be provided, if warranted.
2. Small collection facilities.
a. Small collection facilities shall be no larger than 500 square feet, shall be set back at least 10 feet from a front or side property line, and shall not obstruct pedestrian or vehicular circulation. b. No power-driven processing equipment shall be used except for reverse vending machines. c. All containers shall be constructed and maintained with durable waterproof and rustproof material, covered when the site is not attended, secured from unauthorized entry or removal of material, and of a capacity sufficient to accommodate materials collected. d. All recyclable material shall be stored in containers or in a mobile unit vehicle. e. Personnel attended facilities located within 100 feet of the boundary of an R zone shall operate only between 7 a.m. and 7 p.m.
f. Containers for the 24-hour donation of materials shall be at least 100 feet from the boundary of an R zone unless there is a recognized service corridor and acoustical shielding between the containers and residential use.
g. Containers shall be clearly marked to identify the type of material that may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers.
h. The maximum sign area shall be 16 square feet exclusive of informational requirements and operational instruction of Subsection D.2.g. above. Directional signs bearing no advertising message may be installed with the approval of the Zoning Administrator if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way. i. No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use. One space will be provided for the attendant, if needed.
j. Mobile recycling unitsshall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.
k. No required parking spaces shall be occupied by the facility.
3. Large collection facilities.
a. A large collection facility shall be located at least 250 feet from an R zone. b. Each facility shall be in an enclosed building or within an area enclosed by an opaque fence at least six feet in height with landscaping.
c. Six parking spaces shall be for customers and one parking space shall be provided for each commercial vehicle operated by the recycling facility.
d. Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light-processing activities necessary for efficient temporary storage and shipment of material may be allowed if noise and other conditions are met.
4. Processing facilities.
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Packet Pg. 171 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
35 a. Processors will operate in a wholly enclosed building except for incidental storage, or within an area enclosed on all sides by an opaque fence or wall not less than eight feet in height and landscaped on all street frontages located at least 250 feet from an R zone. b. Power-driven processing shall be permitted provided all noise-level requirements are met. Lightprocessing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials. c. If the facility is open to the public, space will be provided for a minimum of 10 customers or the peak load, whichever is higher, except where the Zoning Administrator determines that allowing overflow traffic is compatible with surrounding businesses and public safety. d. One parking space will be provided for each commercial vehicle operated by the processing center.
5. All collection and processing facilities.
a. No facility or storage area shall occupy a required front or corner side yard, and all regulations applicable to the principal structure on the site shall apply to collection and processing facilities except as provided in this section.
b. A large collector or processing facility may accept used motor oil for recycling from the generator in compliance with California Health and Safety Code Section 25250.11. c. All exterior storage of material shall be in sturdy containers or enclosures that are fully covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of non-flammable material. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing. d. Noise levels generated by the facility shall not exceed 60 dBA as measured at the property line of an R zone or otherwise shall not exceed 70 dBA.
e. All facilities shall be administered by on-site personnel during hours the facility is open. If a large collection or processing facility is located within 500 feet of an R zone, it shall not be in operation between 7 p.m. and 7 a.m.
f. Any containers provided for after-hours donation of recyclable materials shall be of sturdy, rustproof construction; shall have sufficient capacity to accommodate materials collected; and shall be secure from unauthorized entry or removal of materials. g. The site of the facility shall be kept free of litter and any other undesirable material. Containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers. h. Sign regulations shall be those provided for the zone in which the facility is located. In addition, each facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation.
i. No dust, fumes, smoke vibration or odor above ambient level may be detectable on neighboring properties.
6. Unattended Donation and Collection Boxes.
a. No more than two (2) unattended donation and collection boxes shall be located on each parcel of real property.
b. Unattended donation and collection boxes shall be no more than eighty-two (82) inches high, fifty-six (56) inches wide and forty-nine (49) inches deep. c. Unattended donation and collection boxes shall be located in a well-lit area that is visually unobtrusive and minimizes any negative aesthetic and view impact to the property and public right of way. Boxes should not be located in the front setback, unless no practical alternative is available and findings are included as part of the approval.
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36 d. No unattended donation and collection box shall be placed in required parking spaces, required landscaping, ADA path of travel, stormwater detention area or the public right of way. e. Unattended donation and collection boxes shall be subordinate and accessory to the principal use of the property.
f. Unattended donation and collection boxes shall be maintained in good condition and appearance with no structural damage, holes, or visible rust, and shall be free of graffiti; g. Unattended donation and collection boxes shall be locked or otherwise secured; h. Unattended donation and collection boxes shall be marked clearly to identify the type of material to be deposited.
i. Unattended donation and collection boxes shall contain the following contact information in two (2") inch type visible from the front of each unattended donation box: the name, address, and phone number of both the permittee and operator;
j. The front of every unattended donation and collection box shall display conspicuously a statement in at least two-inch font that either reads, "This collection box is owned and operated by a for-profit organization." or "This collection box is owned and operated by a nonprofit organization." A commercial fundraiser shall be classified as a for-profit organization. k. Unattended donation and collection boxes shall be free of any advertising which is unrelated to the business of the operator of the unattended donation and collection box. l. Unattended donation and collection boxes shall be serviced and emptied as needed, but not less than once every seven (7) days.
m. The permittee shall maintain or cause to be maintained the area surrounding the unattended donation and collection box(es) free of any junk, debris or other material and shall be responsible to the extent provided by law for the cost to abate any violation. n. The Applicant for unattended donation and collection boxes shall provide and maintain a $2,000 dollar per site maintenance or removal deposit should it become necessary for the City or property owner to abate a maintenance violation. The Applicant will be refunded the balance of the deposit provided upon removal of the box(es).
o. Unattended donation and collection boxes shall remain only in the exact location for which they have been permitted and may not be relocated on the property without prior property owner and City approval.
D4-38 – Non-Retail Uses within Retail/Commercial Centers A. Non-retail uses. To ensure the ground floor of retail/commercial centers maintain an appropriate balance of non-retail and retail uses, non-retail uses exceeding 25% gross ground floor area shall be subject to review by a Minor Use Permit for retail/commercial centers with 50,000 or less gross ground floor square feet. A Use Permit is required for retail/commercial centers greater than 50,000 gross ground floor square feet. The following economic findings shall be considered as part of the Minor Use Permit or Use Permit review:
1. The proposed non-retail use would fill a space in a center with existing high (15-20 percent) overall vacancy rate.
2. The proposed non-retail use would generate a high volume (100+ trips per day) of potential customer traffic to the retail center when retailers are open.
3. The proposed non-retail use will generate sales taxes (such as artists’ studio, optometrist, or artisanal food or custom goods manufacturing).
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37 4. The property owner can demonstrate and document they have made a good faith effort to market the space to retailers at a reasonable retail rental rate but nonetheless has experienced long-term vacancy of six-months or greater.
5. The proposed non-retail use will retain an active storefront display and support the flow of pedestrian traffic from one shop to another in the center.
6. The property owner can document that denial of a Minor Use Permit or Use Permit would result in material financial hardship.
Alternatively, a non-profit cultural or arts organization use may be authorized by a Minor Use Permit or Use Permit if the proposed use will generate traffic to the center (Ord. No. 496, § 2, 01/28/2020)
D4-39 - Accessory Dwelling Units
A. Purpose. The purpose of this section is to:
1. Implement California Government Code Chapter 13 of Division 1 of Title 7, as amended from time to time, for the development of accessory dwelling units (including junior accessory dwelling units).
2. Increase overall supply and range of housing options for all economic segments of the community.
3. Streamline small-scale infill development and to minimize governmental constraints on residential development while ensuring such housing remains compatible with the existing neighborhood.
4. Support Housing Element goals of facilitating construction of accessory dwelling units and increasing the number of housing units that are more affordable to San Ramon residents.
5. Encourage development of accessory dwelling units in zoning districts with compatible land uses and infrastructure.
B. Definitions. Unless otherwise specified in this Title, the definitions found in California Government Code Section 66313 et seq. shall apply to the terms contained herein.
C. Applicability. The provisions of this Section apply to all parcels with at least one existing or proposed dwelling unit.
D. Review procedure. Prior to building permit issuance for an accessory dwelling unit and/or a junior accessory dwelling unit, a Zoning Clearance (Section D6-30) application for an accessory dwelling unit and/or junior accessory dwelling unit shall be processed and approved in compliance with California Government Code Sections 66317 and 66335 et seq. Accessory dwelling units shall be allowed by-right (ministerially permitted) in any zone which allows for residential uses. This includes mixed-use zoning districts which allow residential and non-residential land uses. (Ord. No. 522, § 6, 12/12/2023)
D4-40 - Service Stations and Car Washes
Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), service stations and car washes shall comply with the requirements of this Section.
A. Minimum separation. Minimum separation between site boundaries shall be 500 feet, except that one such use may be located at each corner of a street intersection.
B. Site layout. Conditions of approval of a Use Permit may require buffering, screening, planting areas, or hours of operation necessary to avoid adverse impacts on properties in the surrounding area.
C. Planting areas. Perimeter planting areas shall be as required for parking lots by Chapter D-33 (Landscape Design Standards) and Chapter D-34 (Parking and Loading), except where a building adjoins an interior property line. Required interior planting areas may adjoin perimeter planting areas.
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38 D. Storage of materials and equipment. The provisions of Section D4-35 (Outdoor Display, Storage, and Vending) shall apply, except that a display rack for automobile products no more than 4 feet wide may be maintained at each pump island of a service station. If display racks are not located on pump islands, they shall be placed within three feet of the principal building, and shall be limited to one per street frontage. The Storage of inoperative vehicles is prohibited. The location of display racks and vending machines shall be specified by the Use Permit.
E. Hours of Operation. The provisions of Subsection D3-8 H. [Hours of operation] shall apply.
F. Unattended Service Stations. Operation of an unattended service station shall be prohibited, except for the dispensing of Alternative Fuels (see Vehicle Fueling-Alternative Fuels) as approved by a Land Use Permit. Unattended Service Stations dispensing Alternative Fuels, when specifically approved as part of a Land Use Permit, shall consider the following factors/plans:
o Location on site, site circulation and relationship to adjacent properties and land uses, o Hours- Primary facility and accessory fueling,
o Noise control,
o Hazardous materials storage and containment,
o Hazardous Material Business Plan,
o Security Plan- including daytime and afterhours contacts, o Maintenance and Liter Control Plan,
o Other site specific conditions or programs, as applicable.
Exceptions:
a. Electric Vehicle (EV) Charging Stations (Accessory) in existing commercial, office, mixed use or multifamily developments.
b. Private and restricted access fueling stations (corporate yards and fleet vehicles) are not subject to the Unattended Service Station standards.
Chapter IV - Wireless Telecommunications Facilities
Contents:
D4-41 - Purpose
D4-42 - Process and Applicability
D4-43 - Development Standards
D4-44 - Permit Requirements
D4-45- Performance Standards and Maintenance
D4-46 - Administration
D4-47 through D4-54- Reserved
D4-41 - Purpose
The purpose of this Section is to establish standards for siting, design, modifications and maintenance of telecommunications facilities including, but not limited to, telecommunications antennas and related facilities, and other above-ground structures used for the purposes of transmitting data wirelessly. The standards contained in this Section are designed to promote the following:
A. Protect and promote public safety and community welfare; B. Protect the visual character of the City of San Ramon and minimize potential adverse impacts of wireless communications facilities development and installation;
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39 C. Protect the environmental resources of San Ramon; D. Ensure that a competitive, varied and high quality wireless communications service infrastructure is provided to serve San Ramon’s residents and the business community; E. Ensure that all telecommunications providers or carriers are treated equally, without unduly restricting or discriminating among service providers of functionally equivalent services; F. Streamline the permitting process, while ensuring compliance with Zoning and Building and Safety regulations;
G. Encourage the managed development of wireless communication service infrastructure to secure San Ramon’s role in the evolution of technology;
H. Retain local responsibility for management of the use of the public right-of-way; I. Ensure a telecommunications network that will serve an effective role in San Ramon’s emergency response system; and
J. Promote the economic vitality of the City of San Ramon.
D4-42 - Process and Applicability
A. Applicability. Except for the exemptions listed under Subsection D, this ordinance shall apply to all types of wireless telecommunications facilities and related structures within any zones, including the PD zone. It shall include any structures used to transfer data wirelessly including, but not limited to, utility data such as PG&E and AT&T cabinets, facilities built for transmittal of wireless digital television, personal communications systems (PCS), and other wireless facilities specifically addressed in this Chapter.
Above ground cabinets housing equipment for fiber optic cables or housing equipment for telecommunications underground equipment shall also be subject to the provisions of this ordinance.
B. Permitting authority. Subject to the provisions of Division D7 (Zoning Ordinance Administration), of the Zoning Ordinance, the Planning Commission and the Zoning Administrator are authorized to approve, approve with conditions, or deny applications for telecommunications facilities. The review process may be incorporated as part of a specific development project, provided that the process and applicable standards are in accordance with the provisions of this Chapter.
C. General requirements. All telecommunications antenna facilities and related equipment in the City of San Ramon shall conform to the following requirements:
1. Compliance with the General Plan and any other land use plan, policies and guidelines adopted by the City of San Ramon including, but not limited to, the requirements of the Zoning Ordinance and adopted Specific Plans;
2. Compliance with CEQA requirements;
3. Compliance with the requirements of any other governmental agency with jurisdiction over the installation of a telecommunications facilities;
4. Compliance with Federal Aviation Administration (FAA) regulations and permit requirements;
5. Compliance with any applicable easements, restrictions or land use approvals restricting development on any given parcel;
6. The telecommunications facility shall be an accessory use, secondary to the primary use on a parcel, unless the parcel is zoned for Open Space or the parcel is vacant subject to future development to include a primary use;
7. Compliance with radio frequency emission standards adopted by the Federal Communications Commission (FCC), which shall include any combined radio frequency levels produced by antennas
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40 located on the same parcel in addition to all antennas within 100 feet distance of the proposed facility; and
8. Compliance with the Uniform Building Code and subject to the building permitting process.
D. Exemptions. The following telecommunications facilities are exempt from the discretionary review described in this Section if located outside the public right-of-way. The Zoning Administrator may require that application materials be submitted to the Planning Division and/or the City Attorney to verify compliance with the requirements of this section. All exempt facilities are subject to review by the Building & Safety Division and may require approval of a building permit.
1. The facility is preempted from local regulations, by state or federal law. The owner of the antenna shall provide the Planning Division and/or the City Attorney a copy of applicable regulations, and if applicable, a current FCC or California Public Utility Commission (CPUC) permit prior to installation of the exempt antenna. The City Attorney shall determine if a facility is exempt from local regulations.
2. A single building-mounted receive-only radio or television antenna (excluding parabolic or satellite antennas), not exceeding 15 feet above the roof, including mast, used solely by the tenant of a residential or commercial property on which the structure is located.
3. A single ground or building-mounted Direct Broadcast Satellite (DBS) antenna, Multipoint Distribution Services (MDS) antennas, Television Broadcast Service (TVBS) antennas or substantially similar antennas, which are less than one meter (39 inches) in diameter are subject to the following standards:
a. The dish/antenna is for the sole use of the occupant of a residential or commercial property on which it is located;
b. It does not exceed the height of the roof ridge of the main structure on which it is located; c. It is located outside of a required front yard setback.
4. Mobile temporary telecommunications facilities operating at various locations to provide public information or coverage of news events. Mobile facilities providing public information of news events may be setup on public property for 72 hours or less subject to City approval.
5. Temporary telecommunications facilities, including mobile facilities, for a period not to exceed 60 days, when deployed during a community-wide emergency or natural disaster as follows:
a. The Zoning Administrator shall determine whether an event qualifies as a community-wide emergency or natural disaster;
b. The Zoning Administrator may grant an extension to the maximum 60-day time period on a caseby-case basis.
6. Handheld and mobile personal wireless devices such as cell phones, personal digital assistants, cordless phones, and similar devices as determined by the Zoning Administrator.
7. The facility is located entirely inside a building and serves only that building, including but not limited to wireless and fiber-optic networks.
8. Satellite Earth Station (SES) antennas which are 2 meters (78 inches) or less in diameter if located in a commercial or industrial zone and meeting setback requirements of accessory structures. If mounted on a roof, these facilities shall be of a non-contrasting color preferably closely matching the color of the roof.
9. A temporary testing facility to establish the necessary height of a permanent telecommunications tower for a maximum of 48 hours per year per site upon notification of the Planning Division.
10. Amateur radio antenna and supporting structures which meet the following standards:
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41 a. Maximum height of 35 feet when fully extended. The use of retractable antennas is encouraged.
To the extent feasible, antennas shall remain retracted when not in use, unless used for emergency related operations.
b. There shall be only one amateur radio tower on a single parcel. c. There shall be no portions of the amateur tower or antennas, when fully extended, overhanging into the required setbacks for main structures within the applicable zone. d. The maximum total width of the entire structure, including top mounted antennas shall not exceed 30 ft. when fully extended.
e. The operator shall be licensed by the FCC as an amateur radio operator or shall be permitted to operate as an amateur radio station in the United States by treaty or statute.
E. Small wireless facilities. Notwithstanding any other provision of this Chapter, all “small wireless facilities” as defined by the FCC in 47 C.F.R. § 1.6002(l), as may be amended or superseded, shall be exempt from the provisions in this Chapter and subject to permits and other requirements as specified in the Small Cell Wireless Facilities Policy, which shall be adopted and may be amended or repealed by City Council resolution. If the Small Cell Wireless Facilities Policy is repealed and not replaced, an application for a small wireless facility shall be processed pursuant to this Chapter. (Ord. No. 496, § 2, 01/28/2020)
D4-43 - Development Standards
Unless otherwise specifically described in this Section, the following development standards shall apply to all telecommunications facilities:
A. Location standards. Telecommunications structures are permitted in all zones, provided that the standards listed under Sections B., C., and D. below are met:
B. Prohibited sites. Telecommunications structures are prohibited in the following locations:
1. Any areas specifically prohibited by the General Plan, any applicable specific plan, or other sitespecific discretionary planning approvals.
2. Properties listed, or eligible for listing, on the National Register of Historic Places, or properties otherwise deemed of local historic significance by the Zoning Administrator, provided that the visual impact of the proposed facility cannot be mitigated.
3. A site of archeological significance, including but not limited to Native-American religious sites, if such facilities will cause a disturbance to the site.
4. An environmentally sensitive site providing habitat to a special status animal or plant species, or containing wetlands, vernal pools, 100-year floodplains, etc., if such facilities will cause a disturbance to the site.
5. Within a 100 ft. vertical distance of any major ridgeline and a 50 ft. vertical distance from any minor ridgeline within the City and its sphere of influence, and provided that the telecommunications tower does not extend above the ridgeline seen as a backdrop to the facility, as seen from vantage points specified by the Zoning Administrator.
C. Preferred sites. The following is a list of preferred sites for locating telecommunications structures:
1. Any new facility co-located on an existing approved telecommunications structure or on a building roof or facade already containing approved antennas, often broadcasting at different frequencies and operated by different providers.
2. Any new facility located on an existing tall building or structure provided it is positioned strategically and not visible from the public right-of-way and designed to fully mitigate its visual impacts.
3. Located in properties zoned for Commercial, Office, Industrial, Medical, Public and Semi-Public uses.
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42 4. Located on existing structures including, but not limited to, PG&E towers, light poles, water tanks, bell towers, existing flagpoles, etc.
5. Located on a City-owned property used or designated for public/semi-public use as deemed appropriate by the Zoning Administrator.
D. PG&E transmission line corridor. Telecommunications facilitates proposed within the PG&E transmission line easement shall comply with the following minimum standards:
1. The proposal shall include design mitigation strategies to avoid an “antenna farm” effect and reduce visual impacts to the adjoining neighborhoods. These strategies may include, but are not limited to, strategically positioning of the antennas, placement of smaller antennas, limiting the number of antennas per PG&E tower, stealth antenna design, decorative landscaping, etc. In addition, the City may require participation in any existing master landscaping plan for the PG&E corridor.
2. The proposal shall specify any new lighting, parking and/or noise associated with the project and applicable mitigation measures submitted for the Zoning Administrator review.
3. All equipment shelters shall be screened from view. Screening methods may include a combination of decorative landscaping and fencing.
4. The Zoning Administrator may require additional site improvements on the property or nearby to further mitigate for the visual effects of the antennas. These mitigation measures may include, but are not limited to landscaping improvements along the boundaries of PG&E property and residential properties, decorative fencing, public art, etc.
D4-44 - Permit Requirements
All wireless telecommunications facilities not specifically exempted from these regulations in accordance to this Ordinance are subject to one of the following permitting requirements:
A. Minor Use Permit. Telecommunications facilities meeting all the applicable standards of this Subsection require Minor Use Permit approval.
A notice of application will be sent to all property owners within a minimum 300 foot radius of the proposed site. Additional notification may be authorized by the Zoning Administrator consistent with Chapter D6-28 (Use Permits and Minor Use Permits). If neighborhood interest is identified by submittal of a written request for a public hearing, the zoning administrator shall require a Zoning Administrator hearing.
1. The proposal meets the applicable "preferred sites" criteria in Section D4-43.C;
2. The proposal presents no visual impact, is completely hidden from right-of-way view, is built below parapet line, or is fully screened and/or mitigated with a stealth design;
3. The proposal meets the setback and height limit requirements of the applicable zone;
4. The proposal meets all applicable design and development standards of this section; and
5. Proposals for utility cabinets (i.e. PG&E, phone company) containing a wireless component for data transmittal if cabinets are placed underground or shielded from view as deemed appropriate by the Zoning Administrator.
The Zoning Administrator may refer an application that meets these administrative review requirements, to the Architectural Review Board or to the Planning Commission if it is determined that the project may involve a significant design impact or policy issue.
B. Design Review. Applications for telecommunications facilities meeting all of the applicable standards of this Subsection are subject to design review and will be forwarded to the Architectural Review Board.
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43 A notice of application will be sent to all property owners within a minimum 300 foot radius of the property. Additional notification may be authorized by the Zoning Administrator consistent with Subsection A. If neighborhood interest is identified, the Zoning Administrator may require a Zoning Administrator hearing.
Standards:
1. Telecommunications structures or building-mounted antennas extending above the maximum allowed height of a zone by no more than 10 ft.
2. The proposed facility is architecturally integrated or stealth fully designed as seen from sensitive areas such as residential areas, public right-of-way, scenic vistas and recreational areas;
3. The proposal includes artificial lighting;
4. The proposal meets all applicable design and development standards of this section;
5. Utility cabinets containing a wireless component (i.e. PG&E) proposed within a City right-of-way;
6. Satellite dishes over one meter in diameter or exceeding the maximum allowed height in residential zones;
7. Satellite dishes over two meters in diameter in commercial, industrial and office zones; and
8. Amateur radio antennas exceeding 35 feet, but less than 50 feet in height.
The Zoning Administrator may refer an application that meets the above design review requirements to the Commission if it is determined that the project may involve a significant design impact, policy issue, or deemed to be highly controversial.
C. Use Permit. A Use Permit application shall be required for all telecommunications facilities meeting any applicable standards of this Subsection. The Commission shall be the decision-maker for the Land Use Permit application.
The Zoning Administrator shall be responsible for determining whether a project subject to a Use Permit shall also be reviewed by the Architectural Review Board for design recommendations.
Standards:
1. Telecommunications facilities projecting over 10 ft. above the maximum zone height;
2. New telecommunications structures, not meeting the co-location standards and without proper justification as established in Subsection D.1;
3. Telecommunication facilities visible from the right-of-way which would require design mitigation;
4. Telecommunications facilities located within residentially zoned properties;
5. Amateur radio antennas exceeding 50 ft. in height;
D. Modification to approved project. The following modification criteria streamline the process by establishing an appropriate level of review for changes to plans, operating standards, and design of previously approved telecommunications facilities.
The Zoning Administrator is responsible for making any interpretations required to determine which level of modification is applicable, whether a modification application meets the intent of this Section or if a new application is required.
1. Minor modification. Any proposed modifications deemed to be in substantial compliance with the original project may be approved administratively if it meets the following applicable criteria:
a. Changes are consistent with the requirements of this Chapter; Ordinance; b. The changes are part of standard maintenance, which could include equipment replacement of substantially equal appearance provided it uses identical technologies. The applicant would be
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44 responsible for providing a written statement by the appropriate professional demonstrating compliance with this requirement;
c. Changes result in an insignificant revision to the floor plan, physical details or site layout not affecting compliance with the original project approval and the provisions of this Ordinance; d. The changes are not noticeable or insubstantial such as:
1. Minor color changes,
2. Minor landscaping changes,
3. Minor material specification or architectural detail changes, if of equal or greater quality. e. Changes comply with FCC requirements. The applicant would be responsible for demonstrating compliance with this requirement;
f. Proposal does not reflect changes to a condition of project approval; g. Changes do not involve issues of public policy and are not likely to generate neighborhood interest or concern;
h. If there is an increase in the number of antennas proposed, not to exceed 25 percent the original approval, provided the increase does not create a negative visual impact, and an updated RF Emissions Evaluation Report is submitted specifically addressing the proposed increase; i. Proposal does not involve increase of more than 10 percent in antenna height; j. Proposal does not reflect changes to an item specifically approved or discussed during the original project hearing as reflected on meeting minutes or tapes; and k. Changes meet the intent of original project approval and do not involve significantly different design concepts. Any architectural or design changes shall maintain or upgrade the quality of the original approval;
The Zoning Administrator shall be responsible for determining which of the submittal materials are necessary for modification evaluation, other than those documents described in this Subsection, in addition to plans demonstrating the proposed change.
2. Major modification (ARB, ZA or PC). If an application does not meet the criteria to be considered a minor modification as specified in this Section, then the proposal requires a new application.
3. Modification findings. An approval of a modification to a facility shall adopt findings of fact to include all findings listed in Section F. in addition to the following:
a. The proposed change is consistent with the original telecommunications facility and does not require the complete redesign and submittal of a new project; and b. That the proposed change does not result in lack of compliance with the development standards approved with the original telecommunications facility project.
E. Variance. The applicant of a telecommunications facility proposal not meeting the standards established in this Ordinance is entitled to request a Variance in compliance with Section D6-29 (Variances). The variance process is subject to the Zoning Administrator or Commission review and may be approved, denied, or approved with conditions.
F. Findings for approval or denial. The decision maker, as determined by this ordinance, when approving or denying an application for a telecommunications facility, shall adopt findings of fact.
1. Findings for approval shall include, but not be limited to:
a. That the proposed telecommunications facility complies with the intent of this Chapter and shall not result in conditions that would be detrimental to the public health, safety or welfare of the community;
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45 b. That the facility was designed to protect the visual character of the City of San Ramon, and any adverse visual impacts of development have been mitigated to a level of less than significant; c. That the proposal complies with the General Plan and any other land use plan, policies and guidelines adopted by the City including, but not limited to, the Zoning Ordinance and adopted Specific Plans;
d. That the proposed height of the facility is needed for adequate electromagnetic reception and that a reduced height is not feasible;
e. That the site is suitable for the type and intensity of development proposed, and that the location, size, design and operating characteristics of the proposed facility are compatible with adjacent uses and natural resources; and
f. That the proposal complies with the requirements of any other governmental agency with jurisdiction over the installation of a telecommunications facility including, but not limited to, the Federal Communications Commission (FCC) regulations and permit requirements.
2. The decision-maker may deny an application for a telecommunications facility if it is not consistent with the provisions of this Chapter. If the project is denied, findings for denial shall be adopted.
D4-45- Performance Standards and Maintenance
A. Noise. All telecommunications facilities shall be constructed and operated in such a manner as to minimize the amount of noise impacts to sensitive areas such as residences, schools, churches or hospitals. The use of back-up generators shall be limited to during power outages and for the purposes of maintenance and testing.
The Zoning Administrator may request a noise analysis to evaluate whether noise attenuation measures are needed when a facility is located within 100 feet of a residence, school, church or hospital, and generates noise levels, measured at the property lines, exceeding those established in Section D3-8 (Performance Standards) as follows:
1. Maximum 60 dBA during daytime;
2. Maximum 55 dBA between the hours of 10:00 p.m. and 7:00 a.m. as measured at the closest property line of a residential property; and
3. Sound levels shall be measured in decibels (dBA). Noise descriptors used for analysis shall be in DNL (Day-Night Average Level) or CNEL (Community Noise Equivalent Level) consistent with the Noise Element of the 2020 General Plan.
B. Interference. All telecommunications facilities, including HAM radio antennas, shall be operated in compliance with Federal Communications Commission (FCC) regulations for signal interference, including, but not limited to, interference with other telecommunications facilities and household electronics (radios, phones, TV’s, etc.;).
When interference occurs, the Zoning Administrator may require that the carrier responsible for the cell site in question submit an analysis/statement prepared by a licensed Electrical Engineer containing scientific evidence whether the claimed interference is caused by the cell site. If interference is proven to occur, the antenna owner/operator or service carrier shall be responsible for mitigating the effects of the interference. If a reasonable good-faith effort is not made by the antenna owner/operator toward resolving or mitigating the interference problems, revocation proceedings may be initiated.
C. Maintenance & Safety. All telecommunication facilities shall be reviewed and comments provided by the San Ramon Valley Fire Protection District, San Ramon Police Department, and must comply with the Uniform Building Code (UBC) and any conditions imposed by the Building Official, Fire Chief, Police Chief and the Zoning Administrator.
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46 Telecommunications towers and antennas shall be designed to remain in operation during a disaster.
All possible measures to protect against fire, flood, earthquake, etc., shall be made.
Wireless communication facilities may be required to provide warning signs, fencing, anti-climbing devices, or other techniques to control unauthorized access and vandalism and shall be maintained graffiti free and in good condition. The design of any fencing and anti-climbing devices shall be subject to the Zoning Administrator review and approval, who may at his/her discretion require a maintenance agreement to address these issues.
D. RF Emission Monitoring. Telecommunication facilities, whether operating alone or in conjunction with other facilities shall not generate radio frequency emissions in excess of the standards established by the Federal Communications Commission (FCC) and in compliance with the standards in this Chapter.
An annual RF exposure report may be required as a condition of approval for all wireless telecommunications projects. The report shall be prepared by a certified NIER Professional and submitted to the Zoning Administrator to ensure that no modifications to the site, surrounding environment, or equipment wear and tear have caused an increase in RF exposure over the years. In the event an increase over accepted levels is detected, the applicant shall be responsible for immediately making all necessary adjustments to comply with FCC standards; otherwise revocation proceedings shall immediately begin.
An updated RF emission report may be required as part of an administrative ten-year life of approval renewal and for every subsequent ten years required under Section D4-46.C.
E. Confirmation of Height. The Zoning Administrator may require, as a condition of project approval, that a licensed surveyor verify the telecommunications facility height within 60 days of the telecommunications tower, antenna or facility installation. If the height confirmation procedure is requested, the applicant shall be responsible for coordinating the procedure and submit the licensed surveyor’s statement of actual height.
F. Performance and Maintenance Agreement. The City may require, as a condition of project approval, that the applicant for a telecommunications facility enter into a Performance and/or Maintenance Agreement with the City of San Ramon prior to initiating construction.
The terms of the agreement may include items to ensure compliance with the provisions of this section, as well as a requirement that the applicant post a financial security to ensure that the approved facility is properly installed, maintained and to guarantee that the facility is dismantled and removed in accordance to the provisions of this section.
The financial security may be a bond or letter of credit acceptable to the City of San Ramon. The amount of the bond shall be based on a cost estimate equal to 125% of building permit evaluation based on the amount needed to return the facility and surrounding area to its original condition.
G. Abandoned Sites. A telecommunication facility shall be removed and the site restored to its prior condition if the business vacates or no longer operates the facility.
D4-46 - Administration
A. Notification. A minimum 10-day notice of public hearing shall be sent to all property owners within a 300-foot radius of the parcel where the proposed facility is to be located. The Zoning Administrator may also require noticing of projects subject to the administrative review process and/or extend the minimum 300-foot radius to include geographic areas immediately outside the 300-foot radius and potentially affected by the project.
B. Appeal. A decision of the Zoning Administrator may be appealed in compliance with Chapter D7-II (Appeals and Calls for Review).
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Packet Pg. 183 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
47 C. Duration of approval. Unless otherwise established in the project’s conditions of approval, all approvals for telecommunications structures shall be valid unless revoked, abandoned or expired as described below City may require an administrative review to verify compliance with original project approval and all applicable provisions of this section to address any operational concerns associated with an approved telecommunication site. Based on the nature of the review an updated RF Emissions Report may be required. The RF Emissions Report shall be prepared by a NIER Professional and submitted to verify compliance with current State and Federal standards.
D. Lapse of approval. The approval of any telecommunications administrative review, Land Use Permit, Design Review or Modification application authorizing installation or changes to a telecommunications structure and related facilities shall become null and void if any of the following occurs:
1. The project is not implemented/constructed within one-year of its approval, or
2. The project is implemented/constructed, and its approval has expired, or an extension not granted beyond the original life of project approval. If the facility is co-located with other carriers approved at different dates, a separate expiration date will be applicable to each carrier/applicant according to their original approval dates.
E. Expiration or abandonment of permits. Any discretionary planning approvals shall become null and void if lease or rental agreements pertaining to the property on which the telecommunications structure or related facility is located expires or is terminated, and if the facility is abandoned or use is discontinued for more than six months. After this period, a new permit consistent with the provisions of this ordinance would be required to re-instate the project.
F. Permit revocation. In the event of any breach of this Chapter, conditions of approval, or other required agreements of the permit, the City shall notify the applicant and schedule a revocation hearing in accordance with Division D6 (Planning Permit Procedures).
G. Removal of facilities and change of ownership. The applicant shall be responsible for notifying the Zoning Administrator in writing upon temporary or permanent cessation of operation, or change of ownership of any telecommunications facility. The applicant and/or property owner shall be responsible for removal of all obsolete or unused facilities, or portions thereof, within six months of termination of lease, cessation of operation, permit expiration or revocation. The site shall be restored to its original condition to the satisfaction of the Zoning Administrator.
H. Pre-existing & non-conforming uses or structures. All telecommunications towers and antennas legally approved prior to the date this Chapter was adopted shall be allowed to continue as they presently exist and will be considered legal non-conforming uses and structures, provided that all proper building permits were approved. Some facilities may be considered legal conforming uses and structures depending on the original project approval. However, new construction, other than routine maintenance (as determined by the Director) on the existing facilities, shall comply with the requirements of this Chapter.
All previous discretionary planning approvals shall only remain in effect until its permit expires, is abandoned or revoked in accordance to the provision of this Chapter.
I. Changes in Federal or State regulations. All telecommunications facilities shall meet current standards and regulations of the Federal Communications Commission (FCC), California Public Utilities Commission (CPUC), and any other agencies with authority to regulate wireless telecommunications service providers. If existing standards or regulations are changed, the applicant shall bring its facilities into compliance with the new standards within 90 days of the effective date of such standards, unless the Federal or State agency mandates a more restrictive compliance schedule. Changes to approved projects are subject to the Modification process in accordance with this Chapter.
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Packet Pg. 184 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
48 Failure to comply with adopted new State or Federal requirements shall trigger the revocation procedure in accordance to Subsection F.
J. Map and list of locations. The City will maintain a map of telecommunications facilities within the city and shall make the information readily available to the public. The facilities mapped shall include those which were subject to the discretionary review process of this Chapter and were ultimately approved and constructed.
Facilities approved and installed prior to the adoption of this Ordinance will be included in the map to the best of staff’s knowledge. It is the responsibility of the telecommunications providers to inform the City of their pre-existing facilities and any changes in the carrier’s status including name, ownership, and whether the wireless business/facility has been discontinued.
K. Indemnity and liability. The telecommunications service provider shall defend, indemnify and hold harmless the City or any of its boards, commissions, agents, officers, and employees from any claim, action, or proceedings against the City, its boards, commissions, agents, officers, and employees to attack, set aside, void, or annul the approval of a project. The City shall notify the telecommunications service provider of any such claim, action or proceeding. The City shall have the option of participating in the defense, if the City bears its own attorney fees and costs, and the City defends the action in good faith.
Telecommunications service providers shall be strictly liable for any and all sudden and accidental pollution and gradual pollution from usage of their service/facilities within the City. This liability shall include cleanup, injury or damage to persons or property. Additionally, telecommunications service providers shall be responsible for any sanctions, fines, or other monetary costs imposed as a result of release of pollutants from their operations.
Telecommunications service providers shall be strictly liable for any and all damages resulting from electromagnetic waves or radio frequency emissions in excess of the Federal Communications Commission (FCC) standards.
L. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications of the ordinance. To this end, the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof.
D4-47 through D4-54- Reserved
Chapter V – Homeless Shelters
Contents:
D4-55 – Purpose
D4-56 – Permit Requirements
D4-57 – Homeless Shelter Standards
D4-58 – Post Approval Procedures
D4-59 through D4-65 – Reserved
D4-55 – Purpose
The intent of these regulations is to establish a non-discretionary process for homeless shelters that will be permitted within a zone district to meet the requirements of Senate Bill 2 enacted on October 13, 2007.
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Packet Pg. 185 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
49 D4-56 – Permit Requirements
A. Permit required. Prior to operating a homeless shelter, a non-discretionary homeless shelter permit shall be obtained and all other applicable local, State and federal laws, regulations and codes shall be met. The approvalshall be specific to a location and shall not be transferable to any other location. The application shall be on a form prescribed for that purpose, and shall include the written consent of the property owner on which the shelter is to be located.
B. Permit Review and Approval. Once an application has been accepted as complete, the Zoning Administrator shall take action within thirty (30) days. The application shall meet all standards as identified in D4-57 (Homeless Shelter Standards), below.
C. Contents of application. An application for a non-discretionary homeless shelter shall contain the information as outlined by the Zoning Administrator with the General Submittal Requirement List.
D4-57 – Homeless Shelter Standards
All homeless shelters shall comply with all applicable State standards and requirements for homeless shelters. In addition, all homeless shelters shall comply with the following standards:
A. Shelter Occupancy.
1. No more than 6 clients may be sheltered on the premises at any one time.
2. The maximum length of stay shall be no longer than that established by the California Health and Safety Code for homeless shelters.
B. Parking. Adequate parking shall be provided for employees and clients of the homeless shelter in accordance with the following standards:
1. One off-street parking space shall be provided per employee (by shift).
2. One parking space for every three beds.
3. One bicycle parking stall for every three beds.
C. Site Design. The site shall be designed in accordance with the following standards:
1. The shelter shall conform to all property development standards of the subject zone.
2. New construction or exterior alterations shall be reviewed under the provisions of Division D6-22 (Architectural Review).
3. The shelter shall provide at least 10 square feet per bed of public or communal gathering space, not including hallways.
4. The entrance of the shelter shall be designed to discourage clients from loitering or congregating in front of the building.
D. On-site Management. On-site management shall be present during shelter operating hours.
E. Overconcentration. A shelter shall be a minimum of 300 feet from any other legally established shelter.
The 300 foot minimum distance shall be measured from the subject site property lines to the property lines of any other legally established homeless shelter.
F. Noise. The applicant shall address noise impacts on neighboring properties consistent with the noise standards of the City.
G. Security and Lighting Plan.
1. Prior to operation of the shelter, a security and lighting plan must be submitted to the Zoning Administrator for review and approval. The security plan shall include, but is not limited to: hours of operation and intake period; must provide at least one employee/volunteer of same sex as clients; alcohol, weapons, or illegal substances shall not be allowed; and the operator must notify the Police Department of any crimes that are a threat to the safety of others or to themselves.
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Packet Pg. 186 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
50 2. The shelter shall provide outdoor lighting sufficient to provide illumination and clear visibility to all outdoor areas, with minimal shadows or light leaving the property. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of intensity compatible with the neighborhood.
3. If shelter client is disruptive or is responsible for creating any type of nuisance to the neighborhood or facility, the operator must discharge the client.
D4-58 – Post Approval Procedures
A. Appeals. Decisions of the Zoning Administrator may be appealed to the Planning Commission in accord with Division D7, Chapter II (Appeals and Calls for Review).
B. Revocations/Modifications. A homeless shelter permit may be subject to revocation or modification pursuant to Division D7 (Zoning Ordinance Administration).
D4-59 through D4-65 – Reserved
Chapter VI – Reasonable Accommodation For The Disabled
Contents:
D4-66 – Purpose
D4-67 – Process and Applicability
D4-68 through D4-71 – Reserved
D4-66 – Purpose
The purpose of this Section is to provide a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (hereafter “fair housing laws”) in the application of zoning laws and other land use regulations, policies, and procedures.
D4-67 – Process and Applicability
A. Applicability. To make specific housing available to an individual with a disability, any person may request reasonable accommodation under this chapter when the application of a zoning or other land use regulation, policy or practice under this title acts as a barrier to fair housing opportunities. A request for reasonable accommodation shall be made by filing an application as described in Subsection C.
A reasonable accommodation request may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide an individual with a disability equal opportunity for housing of their choice.
B. Permitting authority. Subject to the provisions of Division D6 (Planning Permit Procedures), of the Zoning Ordinance, the Zoning Administrator is authorized to approve, approve with conditions, or deny applications for reasonable accommodations. An application for reasonable accommodation submitted for concurrent review with another entitlement under this title shall be reviewed by the authority reviewing the other entitlement.
C. Application requirement. An application for reasonable accommodation shall be submitted to the Planning Services Division. The application shall be accompanied by the information identified in the Department handout for reasonable accommodation applications. It is the responsibility of the
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Packet Pg. 187 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
51 applicant to provide evidence in support of the findings required by Subsection E (Required findings), below.
D. Review procedure. The Zoning Administrator, or his designee, shall, within 20 days of acceptance of the application as complete, approve, approve with conditions, or deny an application for reasonable accommodate in accordance with Subsection E (Required Findings),below. If the application for reasonable accommodation is submitted for concurrent review with another entitlement under this title, the decision shall be made by the authority taking action on the other entitlement under this title in accordance with Subsection E (Required Findings), below.
E. Required findings. The Zoning Administrator may approve a reasonable accommodation application, with or without conditions, only after first finding that:
1. The housing will be used by a disabled individual(s) under fair housing law;
2. The request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under fair housing law;
3. The requested reasonable accommodation will not impose an undue financial or administrative burden on the City;
4. The requested reasonable accommodation would not require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning;
5. No detrimental impact would result aesthetically;
6. No detrimental impacts to surrounding uses, properties, and/or structures; and
7. No practical alternative exists which may provide an equivalent level of benefit.
F. Conditions of approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required in Subsection E, above.
G. Post decision procedures. The procedures and requirements relating to changes to approved plans, effective dates, lapse of approval and extensions, and transferability located in Division D6, Chapter III (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation/ modification located in Division D7 (Zoning Ordinance Administration), shall apply following the decision on an application for reasonable accommodation.
D4-68 through D4-71 – Reserved
Chapter VII – Raising of Chickens
Contents:
D4-72 – Purpose
D4-73 – Applicability and Standards
D4-74 through D4-75 – Reserved
D4-72 – Purpose
This Chapter provides standards for the raising of chickens (hens only, roosters are prohibited) for personal and non-commercial purposes within applicable residential properties. Standards for the raising of chickens for commercial purposes are not included in this Chapter and are defined as “Animal Husbandry”.
D4-73 – Applicability and Standards
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Packet Pg. 188 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
52 A. Permitted Areas. The raising of chickens is permitted within residential properties with a lot size of 6,000 square feet or greater and have direct access to a private yard.
B. Number of Hens. Up to five (5) hens may be allowed.
C. Chicken Coop. A chicken coop or a structure for housing chickens shall meet the following standards:
1. A chicken coop shall be located in the backyard and shall meet the minimum required setback of the primary residence. See Figure 4-1 for an example chicken coop area.
2. The maximum height of a chicken coop shall be no taller than six (6) feet.
3. A chicken coop shall be:
a. Thoroughly ventilated and fully enclosed with a solid roof; and b. Designed and constructed in a manner that the flock can be securely contained; and
4. If a chicken coop or a structure for housing chickens is over four (4) feet in height, whether it is an individual structure or an integral part of other structures, the floor area of such a structure for housing chickens is subject to Zoning Ordinance section D4-26.E.1 (Maximum total floor area of accessory structures).
Figure 4-1 – Example Chicken Coop Area
D4-74 through D4-75 – Reserved
Chapter VIII – Density Bonus
Contents:
D4-76 – Purpose
D4-77 – Definitions
D4-78 – Process and Applicability
D4-79 – Application Requirements
D4-80 – Density Bonus Housing Agreement
D4-81 through D4-84 – Reserved
D4-76 – Purpose
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Packet Pg. 189 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
53 The purpose of this Chapter is to implement the requirements of Government Code 65915 et seq. (“State Density Bonus Law”) by offering density bonuses, incentives, concessions or waivers for the development of housing that is affordable to the types of households and qualifying residents identified in Government Code Section 65915.
(Ord. No. 522, § 6, 12/12/2023)
D4-77 – Definitions
Unless otherwise specified in this Chapter, the definitions found in State Density Bonus Law shall apply to the terms contained herein.
D4-78 – Process and Applicability
A. General. All proposed housing developments that qualify under California Government Code § 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code § 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code § 65915, as it may be amended from time to time.In accordance with State law, neither the granting of an incentive, concession, and/or waiver, nor the granting of a density bonus shall be interpreted, in and of itself, to require a general plan amendment, zoning amendment, variance, or other discretionary approval.
B. Compliance. The applicant shall comply with all requirements stated in California Government Code §§ 65915 through 65918. The requirements of California Government Code §§ 65915 through 65918, and any amendments thereto, shall prevail over any conflicting provision of this Code.
C. Excluded development. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under California Government Code §65915.
D. Interpretation. The provisions of this subdivision shall be interpreted to implement and be consistent with the requirements of California Government Code § 65915. Any changes to California Government Code § 65915 shall be deemed to supersede and govern over any conflicting provisions contained herein. If any portion of this Article conflicts with State Density Bonus Law or other applicable State law, State law shall supersede this Section. Any ambiguities in this Section shall be interpreted to be consistent with State Density Bonus Law.
E. Replacement Housing Requirement. Pursuant to subdivision (c)(3) of California Government Code § 65915, an applicant will be ineligible for a density bonus or other incentives unless the applicant complies with the replacement housing requirements therein.
F. Permitting Authority. Subject to the provisions of Division D7 (Zoning Ordinance Administration), of the Zoning Ordinance, application for a density bonus, incentive(s), concession(s), and/or waiver(s) shall be considered by and acted upon by the decision-making body with authority to approve the housing development.
(Ord. No. 522, § 6, 12/12/2023)
D4-79 – Application Requirements
A. Written Application. Applicants requesting a density bonus, incentive(s), concession(s) and/or waiver(s) shall provide the City with a written density bonus proposal. The proposal shall be processed in conjunction with the underlying application(s) and reviewed for compliance with State Density Bonus Law.
B. Submittal Requirements. The proposal for a density bonus, incentive(s), concession(s) and/or waiver(s) pursuant to State Density Bonus Law shall include the following information:
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Packet Pg. 190 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
54 1. Requested density bonus. A description of the requested density bonus including calculations showing the maximum base density, the number/percentage of market rate and affordable units and identification of the income level at which such units will be restricted pursuant to State Density Bonus Law, proposed unit sizes and number of bedrooms, and the proposed method of ensuring the continued availability of density bonus units.
2. Requested incentive(s) or concession(s). A description of the requested incentive(s) or concession(s) including the number of incentive(s) or concession(s) allowed pursuant to State Density Bonus Law.
3. Requested waiver(s). The written proposal shall include an explanation of the waiver(s) or reduction of development standards requested and why they are necessary to make the construction of the project physically possible.
4. Parking. The applicant may request, and the City shall grant, a reduction in parking requirements in accordance with California Government Code § 65915(p), as that section may be amended from time to time.
5. Physical Constraints. Except as restricted by California Government Code § 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The City shall approve a waiver or reduction of a development standard, unless it finds that:
a. The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant; b. The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of § 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;
c. The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or d. The waiver or reduction of the development standard would be contrary to state or federal law.