Division V. Standards for Specific Uses

Chapter 18.200
STANDARDS FOR SPECIFIC USES

Sections:

18.200.010    Purpose.

18.200.020    Applicability.

18.200.030    Accessory structures.

18.200.040    Alcoholic beverage sales.

18.200.050    Child day care facilities.

18.200.060    Drive-through facilities.

18.200.070    Emergency and homeless shelters.

18.200.080    Entertainment uses.

18.200.090    Gas stations and car washes.

18.200.100    Home-based businesses.

18.200.110    Live/work or work/live units.

18.200.120    Manufactured homes.

18.200.130    Mechanical and electronic games.

18.200.140    Mixed-use projects.

18.200.150    Mobile home parks.

18.200.160    Outdoor sales and displays.

18.200.170    Recycling facilities.

18.200.180    Accessory dwelling units.

18.200.190    Sidewalk cafes and outdoor eating areas.

18.200.200    Temporary uses and structures.

18.200.210    Food vendor group sites.

18.200.010 Purpose.

This chapter establishes regulations for certain land uses allowed by Division II of this title (Zoning DistrictsUses and Standards) within individual or multiple districts, and for certain activities that may occur in conjunction with a land use allowed by Division II of this title (Zoning DistrictsUses and Standards), to address potential adverse impacts. [Ord. 12-4. DC 2012 § 122-614].

18.200.020 Applicability.

The uses and activities covered by this chapter shall comply with the provisions of this chapter and all other applicable provisions of the development code.

A. Where Allowed. The uses that are subject to the standards in this chapter shall be located in compliance with the requirements of Division II of this title (Zoning DistrictsUses and Standards).

B. Permit Requirements. The uses that are subject to the standards in this chapter shall be authorized by the planning permit required by Division II of this title (Zoning DistrictsUses and Standards), except where a permit requirement is established by this chapter for the specific use.

C. Development Standards. The standards for uses in this chapter are supplemental and are required in addition to the standards in Division II (Zoning DistrictsUses and Standards) and Division IV (Development Standards) of this title.

D. Conflicting Provisions. In the event of a conflict between the requirements of this chapter and those of Division II (Zoning DistrictsUses and Standards) or Division IV of this title (Development Standards), the most restrictive standards shall control. [Ord. 12-4. DC 2012 § 122-615].

18.200.030 Accessory structures.

Accessory structures at single-family dwellings shall comply with the requirements of this section. These requirements do not apply to accessory dwelling units, which are allowed in addition to an accessory structure, subject to the requirements in CDC 18.200.180.

A. Applicability. This section applies to accessory structures at single-family residential properties. Structures that meet all of the following criteria: (1) less than 120 square feet in area; (2) six feet or less in height; (3) do not require a building permit, including electrical or mechanical permits; and (4) are not placed on a permanent foundation, are not subject to these provisions.

B. General Requirements.

1. Relationship to Primary Structure. Accessory structures shall be incidental to and shall not alter the primary use or character of the site.

2. Timing of Installation. Accessory structures shall be constructed concurrent with or subsequent to the construction of the primary structure on the property.

3. Prohibited Structures.

a. Accessory structures shall not be permitted as a primary use of a site.

b. Storage containers and temporary trailers shall not be considered accessory structures and are prohibited, with the exception of temporary trailers at construction projects or as allowed by CDC 18.200.200, Temporary uses and structures.

4. Prohibited in Front and Street Side Yard. Accessory structures shall not be located within any front or street side yard, regardless of setback requirements, nor shall they project beyond the front building line of the primary structure.

5. Attached Accessory Structures. Accessory structures that are attached to the primary structure (at least one common wall) shall comply with the setback requirements for the primary structure. Accessory structures attached to a primary structure by a breezeway are not considered attached for the purpose of this section.

6. Lot Coverage. The total building coverage for the primary structure, any accessory dwelling unit, and all accessory buildings or structures in all residential and nonresidential districts shall not exceed the coverage allowed by the applicable district. In residential districts uncovered decks and accessory structures that meet all of the following are not included in this calculation: (a) less than six feet in height; (b) less than 120 square feet in size; (c) are not on a permanent foundation; and (d) do not require a building permit.

7. Design. Accessory structures shall be subordinate to the primary structure by size, height, location, and appearance, and shall comply with the following criteria:

a. Roofing and siding shall be the same style, color, and materials as the roofing and siding materials predominant on the primary structure. The planning division may approve alternate materials if the materials replicate the character and appearance of the principal dwelling.

b. Accessory structures shall be painted the same color, or be complementary to, the color scheme of the primary structure.

c. Architectural detailing, including but not limited to fascia, window trim, and door trim, shall replicate and be complementary to the trim detailing of the primary structure.

d. Accessory buildings or structures shall be sited to protect privacy and minimize noise, light, glare, and traffic impacts on neighboring properties.

8. Separation. Accessory structures shall maintain a minimum five-foot separation between all structures including the primary structure, other accessory structures, or an accessory dwelling unit, except that carports and patio covers may be located immediately adjacent to the primary structure.

9. Setbacks and Height.

a. Accessory structures that meet the setback requirements for the primary structure shall not exceed 16 feet in height.

b. Accessory structures six to 12 feet in height shall maintain a minimum five-foot side and rear setback. The height may be increased by one foot for every two feet of additional setback provided, up to a maximum height of 16 feet.

10. Size. Accessory structures shall occupy no more than 25 percent of a required rear yard area, up to the maximum size as shown in Table 18.200.030. An increase of up to 10 percent may be allowed subject to a minor exception approval (Chapter 18.425 CDC, Minor Exceptions).

Table 18.200.030

Accessory Structures in Residential Districts

Minimum Lot Size (Square Feet)

Maximum Floor Area for Accessory Structures in Rear Yards (Square Feet)

Less than 5,000

To be specified in the subdivision or use permit approval

6,000

480

8,000

560

10,000

800

12,000

800

15,000

800

20,000

1,000

40,000

2,000

C. Exceptions.

1. Decks, Patios and Terraces.

a. Thirty Inches or Less. Uncovered decks or patios 30 inches or less above the existing grade shall be set back three feet from an interior side or rear property line.

b. Over 30 Inches. Balconies and decks more than 30 inches above existing grade shall be set back 15 feet from the rear property line and shall have the same side yard setbacks as required for the primary structure.

2. Gazebos and Unenclosed Patio Covers. A gazebo or patio cover open on at least three sides and supported by individual footings (and not a continuous foundation) that meets the side yard setbacks may be located within three feet of the side or rear property line.

3. Entry Structures. A decorative entry feature (such as an arbor, trellis, or archway) may be located within the required front yard setback, provided it is less than 10 feet in height, a maximum width of 10 feet, and no part of the structure encroaches into the public right-of-way. [Ord. 13-5; Ord. 12-5; Ord. 12-4. DC 2012 § 122-616].

18.200.040 Alcoholic beverage sales.

Where allowed by Division II of this title (Zoning DistrictsUses and Standards), establishments that sell alcoholic beverages for off-site consumption, when the California Department of Alcoholic Beverage Control (ABC) has denied an application for the sale of alcoholic beverages based on an undue concentration of licenses or law enforcement criteria, thereby requiring a finding of public convenience and necessity (FOPCN) for the sales activity, shall comply with the requirements of this section.

A. Purpose. The following requirements are intended to comply with the requirements of the State of California Business and Professions Code Section 23958.4.

B. Applicability. These requirements shall apply to all applications for alcoholic beverage sales when the California Department of Alcoholic Beverage Control (ABC) has denied an application for the sale of alcoholic beverages based on an undue concentration of licenses or law enforcement criteria, thereby requiring a finding of public convenience and necessity (FOPCN) for the sales activity in accordance with the State of California Business and Professions Code Section 23958.4.

C. Finding of Public Convenience and Necessity (FOPCN). When the California Department of Alcoholic Beverage Control (ABC) has denied an application for the sale of alcoholic beverages based on an undue concentration of licenses or law enforcement criteria, thereby requiring a finding of public convenience and necessity (FOPCN) for the sales activity, the applicant may submit an application for a finding of public convenience and necessity, in accordance with the following procedures:

1. Permit Requirements. An application for a FOPCN shall be submitted to the planning division following the procedures for a minor use permit, pursuant to Chapter 18.435 CDC (Minor Use Permits and Use Permits).

2. Police Department Review. All applications shall be referred to the police department for review and recommendation, based on law enforcement concerns.

3. Hearing Required. Notwithstanding the provisions in Chapter 18.435 CDC (Minor Use Permits and Use Permits), the planning division may require a public hearing in accordance with Chapter 18.500 CDC (Public Hearings), prior to making a determination on an application for a finding of public convenience and necessity. The review authority shall consider the criteria in this section and the recommendation from the police department in making a decision.

4. Approval. An FOPCN may be approved when the review authority can make one of the following findings and the finding in subsection (C)(5)(b) of this section does not apply:

a. The business has a license at a different location and is relocating within the same census tract;

b. The business is changing from one type of license to another;

c. Denial would result in an undue economic hardship;

d. The business includes alcoholic beverage sales as an ancillary part of its operation; or

e. The benefits to the community from the sale of alcoholic beverages outweigh law enforcement and concentration criteria.

5. Denial. An FOPCN shall be denied when:

a. The business does not meet the above criteria; or

b. Issuance of a license will result in a public nuisance or otherwise result in an adverse impact on the public’s health, safety, or welfare.

6. Determination. The determination shall be made within 90 days of a complete application and shall be transmitted to the applicant and to the ABC.

7. Appeal. Any party may appeal the review authority’s determination directly to the city council in accordance with Chapter 18.510 CDC (Appeals and Calls for Review).

D. Display of Permit. A copy of the conditions of approval for the permit issued for the sale of alcohol beverages shall be displayed on the premises of the establishment in a place where any member of the public may readily view it. [Ord. 12-4. DC 2012 § 122-617].

18.200.050 Child day care facilities.

Where allowed by Division II of this title (Zoning DistrictsUses and Standards), child day care facilities, including small and large family day care homes, child day care centers, nursery schools, and preschools, shall comply with the requirements of this section.

A. Purpose. The following requirements provide location and operational standards for child day care facilities, in compliance with state law, to recognize the needs of childcare providers and minimize effects on adjoining properties. All facilities shall be licensed in compliance with the requirements of the California Department of Social Services.

B. Applicability. Child day care facilities shall be allowed as follows:

1. Small Family Day Care Home (Eight or Fewer Children). (See CDC 18.20.020, “Family day care home.”) A small family day care home shall be allowed within a single-family residence when operated by a resident of the property. The small family day care home shall be in addition to the residential use of the property.

2. Large Family Day Care Home (Seven to 14 Children). (See CDC 18.20.020, “Family day care home.”) A large family day care home shall be allowed within a single-family residence, when operated by a resident of the property. The large family day care home shall be in addition to the residential use of the property.

3. Child Day Care Center, Preschool, or Nursery School (15 or More Children). Child day care centers, preschools, or nursery schools shall be allowed subject to the permit specified by Division II of this title (Zoning DistrictsUses and Standards).

C. Permit Requirements.

1. Small Family Day Care Home. The use of a single-family residence as a small family day care home shall be considered a residential use of property for the purposes of the development code, and no permit shall be required.

2. Large Family Day Care Home. The use of a single-family residence as a large family day care home shall be considered a residential use of property for the purposes of the development code and shall be allowed if operated in compliance with the applicable requirements of this section, subject to first obtaining an administrative permit in accordance with Chapter 18.420 CDC (Administrative Permits), except as follows:

a. Not less than 10 calendar days following the date a decision is made on the application, the planning division shall give notice of the decision by mail or delivery to the applicant and all owners shown on the last equalized assessment roll as owning real property within a 100-foot radius of the exterior boundaries of the proposed large family day care home, in accordance with CDC 18.500.040 (Exception to required public hearing);

b. The notice shall provide the date of the decision on the administrative permit and the date by when the decision may be appealed in accordance with the procedures and requirements of Chapter 18.510 CDC (Appeals and Calls for Review);

c. The notice shall provide the location where the administrative permit and related records are available to the public;

d. For an appeal involving a large family day care home only, the notice of hearing which is required to be provided by any other section of the development code shall be limited to all owners shown on the last equalized assessment roll as owning real property within a 100-foot radius of the exterior boundaries of the proposed large family day care home. Notwithstanding any other provision of the development code, such notice shall not be provided to owners of property beyond such 100-foot radius.

3. Child Day Care Center, Preschool, or Nursery School. Child day care centers, preschools, or nursery schools shall be allowed subject to the permit required by Division II of this title (Zoning DistrictsUses and Standards).

D. Requirements for Large Family Day Care Homes. An administrative permit shall be approved for a large family day care home that meets the following:

1. Parking and Loading.

a. A minimum of one off-street parking space per employee;

b. Nonresident employee parking shall be in addition to the off-street parking required for the residential use. Driveways may be used for employee parking, provided the driveway is no less than 18 feet in length, measured from the property line or back of sidewalk, whichever is less; and

c. A safe area for pick-up and delivery of children shall be provided. This area shall only be allowed in a driveway, in an off-street parking area, or other on-site area with direct access to the facility.

2. Noise. The location of the facility, including outdoor play areas, shall be sited to minimize noise impacts on neighboring properties. Noise levels shall comply with the standards identified in the general plan.

3. Spacing and Concentration. The facility is not within 100 feet of any other such licensed facility.

4. The primary use of the home is as a residence.

5. The facility meets all applicable state licensing requirements.

E. Requirements for Child Day Care Centers, Preschools, and Nurseries. The following findings shall be made for approval of a minor use permit for a child day care center, preschool, or nursery school, in addition to the findings required in Chapter 18.435 CDC (Minor Use Permits and Use Permits):

1. The facility complies with the parking and loading requirements in Chapter 18.160 CDC (Parking, Loading, and Access);

2. The facility meets applicable state licensing requirements;

3. Drop-off facilities avoid interference with traffic and promote the safety of children;

4. The facility meets applicable fire and building codes;

5. The location of the facility, including outdoor play areas, is sited to minimize noise impacts on neighboring properties and noise levels comply with the standards identified in the general plan;

6. Outdoor play areas are enclosed by a natural barrier, wall, solid fence, or other solid structure at least six feet in height.

F. Appeals. Any interested person may appeal the decision on the minor use permit or use permit in accordance with the provisions of Chapter 18.510 CDC (Appeals and Calls for Review). [Ord. 17-5 § 2 (Exh. E); Ord. 13-5; Ord. 12-4. DC 2012 § 122-618].

18.200.060 Drive-through facilities.

Where allowed by Division II of this title (Zoning DistrictsUses and Standards), any eating and drinking establishment, retail store, bank or financial institution, or other use providing drive-through facilities shall comply with the requirements of this section.

A. Applicability. This section applies to all drive-through facilities, either as a primary use or ancillary to a permitted use.

B. Required Stacking Distances. Drive-through facilities shall provide the minimum stacking distances indicated in Table 18.200.060. The stacking area is the area occupied by a vehicle waiting for service at the service window, service island, or service bay. A stacking space does not include the space of the vehicle being served.

Table 18.200.060

Required Stacking Distances 

Car Wash

4 stacking spaces per pull-through rack; one stacking space per self-service manual wash bay

Coffee Kiosk with Drive-Through

4 stacking spaces per window

Drive-Through Bank

4 stacking spaces for one teller drive-up window; three stacking spaces per window for facilities with two or more teller drive-up windows

Drive-Through Pharmacy

2 stacking spaces per window

Drive-Through Restaurant

4 stacking spaces per order and pick-up window

Gas Station

1 stacking space shall be located on each end of the pump aisle

1. The stacking spaces shall be a minimum of 22 feet in length and 12 feet in width.

2. Exceptions may be granted when a traffic or parking study demonstrates the need for lower stacking requirements.

3. The queuing area shall not interfere with public rights-of-way or streets or with on- or off-site circulation and parking.

C. General Requirements.

1. Drive-Through Aisles. Drive-through aisles shall be:

a. A minimum of 12 feet in width;

b. Designed to exit directly onto a public or private right-of-way or integrated with on-site circulation and merged with main driveway aisles; and

c. Facilities that are located within a shopping center shall be designed so that the drive aisle entrance and the edge of the nearest public or private right-of-way are a minimum of 100 feet apart.

2. Hours of Operation. The hours of the drive-through shall be limited to between the hours of 7:00 a.m. and 10:00 p.m. when the site is contiguous to a residential district, except when the review authority approves different hours of operation through the minor use permit or use permit approval, or when another, previously approved planning permit granted different hours;

3. Landscaping. In addition to the requirements in Chapter 18.165 CDC (Landscaping), landscaping shall be designed to screen drive-through aisles to prevent headlight glare and to minimize visibility of vehicles from adjacent streets, parking lots, and neighboring uses;

4. Menu Boards. Menu boards shall be no larger than 30 square feet in area with a maximum height of six feet and shall face away from public rights-of-way unless adequately screened to minimize visibility;

5. Speakers. Public address speakers shall be designed and located so they are not audible from adjacent residential properties and meet the noise standards in the general plan;

6. Pedestrian Walkways. Pedestrian walkways shall not intersect drive-through aisles, unless no alternative exists. In such cases, pedestrian walkways shall have clear visibility, emphasized by decorative paving; and

7. Lighting. All light fixtures shall comply with CDC 18.150.110 (Outdoor lighting).

D. Findings. In addition to the findings required in Chapter 18.435 CDC (Minor Use Permits and Use Permits), the review authority shall make the following additional findings:

1. The design and location of the facility will not contribute to increased congestion on public or private streets or alleys adjacent to the subject property.

2. The design and location of the facility will not impede access to or exit from the parking lot serving the business, impair normal circulation within the parking lot, or impede pedestrian movement.

3. The design and location of the facility will not create a nuisance for and will provide adequate buffering from adjacent properties. [Ord. 12-4. DC 2012 § 122-619].

18.200.070 Emergency and homeless shelters.

Where allowed by Division II of this title (Zoning DistrictsUses and Standards), emergency and homeless shelters shall comply with the requirements of this section. For the purposes of this section, emergency shelter has the same meaning as defined in Section 50801 of the California State Health and Safety Code (See CDC 18.20.030 (Definitions)) and does not refer to emergency shelters set up for disaster relief.

A. Purpose. The following requirements are to implement the programs in the 2010 Housing Element, ensure compliance with Section 65583 of the Government Code, and meet the emergency shelter needs of the community.

B. Applicability. Where allowed by Division II of this title (Zoning DistrictsUses and Standards), an emergency or homeless shelter is a permitted use. A use permit is required for an emergency or homeless shelter that does not comply with the standards of this section.

C. Location. No emergency shelter shall be located:

1. Within 300 feet of any residential district;

2. Within 300 feet of another emergency or homeless shelter; and

3. Within 1,000 feet of an elementary school, middle school, high school, public library, or public park.

The distance between an emergency or homeless shelter and the uses and districts described above shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the building or structure, or a portion of the building or structure in which the emergency or homeless shelter is located to the boundary of the use or district described above.

D. Transit Accessibility. Emergency or homeless shelter facilities shall either be located within one-half mile of an existing bus route or BART station; or if not, an alternate means of transportation shall be provided by the facility such as a shuttle bus.

E. Facility Requirements. Each emergency or homeless shelter shall include, at a minimum, the following:

1. A courtyard or other on-site area for outdoor client congregation, so that clients waiting for services are not required to use the public sidewalk for queuing;

2. Telephones for use by clients;

3. On-site personnel during hours of operation when clients are present. The manager’s area shall be located near the entry to the facility;

4. Adequate interior and exterior lighting;

5. Secure areas for personal property; and

6. Other facilities, consistent with the state’s provisions for emergency housing, as recommended by the police department prior to zoning clearance approval.

F. Maximum Number of Beds. No more than 75 beds shall be provided in any single emergency or homeless shelter, except:

1. In response to a disaster; or

2. As authorized by a use permit approved by the planning commission.

G. Hours of Operation. Facilities shall establish and maintain set hours for client intake/discharge. These hours shall be posted at the site. There shall be no gathering or loitering at the facility or in the surrounding area when the facility is closed. It is the responsibility of the facility to enforce this requirement. [Ord. 12-4. DC 2012 § 122-620].

18.200.080 Entertainment uses.

Where allowed by Division II of this title (Zoning DistrictsUses and Standards), entertainment or entertainment establishment uses shall comply with the requirements of this section.

A. Purpose. The following requirements are intended to ensure coordination between the requirements of Chapter 5.45 CMC (Entertainment Permits) and uses allowed by the development code which are enforced by the police department.

B. Applicability. Entertainment uses, or entertainment establishments, as provided for in this section, may be allowed by Division II of this title as a principally permitted use, as a part of principally permitted use, or may be ancillary to a principally permitted use, such as a restaurant or coffee shop. For the purposes of this chapter, entertainment uses or entertainment establishments shall be as defined in CMC 5.45.010 (Definitions).

C. Exception for Incidental Live Entertainment. Live entertainment is considered to be incidental to the primary use where the indoor stage/performance area does not exceed 50 square feet and customer dancing does not occur. Incidental live entertainment that meets the following standards is not subject to the other provisions of this section:

1. Incidental live entertainment is a permitted use in conjunction with:

a. Eating and drinking establishments;

b. Retail sales such as coffee houses, music stores, and bookstores; and

c. Other commercial uses when determined appropriate by the planning division and police department and there is no impact on adjacent properties.

2. Incidental live entertainment shall be allowed with a zoning clearance, unless the principal use of the property requires an administrative permit, minor use permit or use permit; then the incidental live entertainment shall be approved as a part of the administrative permit, minor use permit or use permit by the applicable review authority.

3. Unless otherwise approved by the police department in the entertainment permit, the incidental live entertainment shall:

a. Occur a maximum of three times per week;

b. Be limited to the hours of operation that are typical for the primary use; and

c. Be indoors only.

4. If incidental live entertainment violates any provision of Chapter 5.45 CMC, Entertainment Permits, the police department may order the entertainment stopped immediately pursuant to Chapter 18.540 CDC (Enforcement).

D. Live Entertainment. Live entertainment, excluding incidental live entertainment, as allowed by Chapter 5.45 CMC (Entertainment Permits), and Division II (Zoning DistrictsUses and Standards) of this title, shall be allowed subject to the following:

Table 18.200.080

Permit Required for Live Entertainment

Zoning District

Type of Permit

DP, DMX

Administrative Permit

WMX

Administrative Permit

CMX, NC, SC, RC

Use Permit

E. General Requirements for All Live Entertainment. Any dancehall, nightclub, commercial or membership club, commercial place of amusement or recreation, or any place where entertainers are provided, whether as social companions or otherwise, or any establishment where liquor is served for consumption on the premises, that is not in conjunction with a restaurant shall not be established on any property that is less than 200 feet from the boundary of any residential district, unless otherwise approved by the administrative permit, minor use permit, or use permit, as required. The review authority shall consider and include conditions, as necessary, to address:

1. Noise impacts on adjacent uses;

2. Hours of operation;

3. Parking and circulation;

4. Outdoor lighting;

5. A litter cleanup program;

6. Security measures; and

7. Transferability.

F. Review by the Police Department. All live entertainment, whether an incidental or primary use, shall be reviewed and approved by the police department through an entertainment permit, subject to the requirements of Chapter 5.45 CMC (Entertainment Permits), prior to commencement.

1. The police department shall not approve an entertainment permit until any required planning permit has been approved and the planning division has confirmed that the use has complied with all applicable conditions of approval. [Ord. 13-5; Ord. 12-4. DC 2012 § 122-621].

18.200.090 Gas stations and car washes.

Where allowed by Division II of this title (Zoning DistrictsUses and Standards), gas stations and car washes shall comply with the requirements of this section.

A. Gas Stations. In addition to the development standards in Division II (Zoning DistrictsUses and Standards) and Division IV (Development Standards) of this title, gas stations and car washes shall comply with the following requirements:

1. A gas station or car wash shall be located on property with a minimum site area of 20,000 square feet or as required by the applicable district, whichever is greater. At least one side of the property shall abut a public street;

2. Pump islands shall be set back a minimum of 20 feet from any property line. The setbacks for the primary building shall comply with the applicable zoning district;

3. Curb cuts on a public street shall be a minimum of 50 feet from the intersection of the projected curb lines. No more than two curb cuts shall be permitted unless otherwise approved by a use permit;

4. All merchandise, including but not limited to periodicals, vending machines, and other items offered for purchase, shall be contained within the primary building at all times;

5. The storage of inoperative vehicles is prohibited;

6. Vapor processing units and propane tanks shall be located behind or on the side of the main building, where possible, or screened within a landscaped area. Tanks shall be installed pursuant to requirements of the California Air Resources Board and Contra Costa County fire protection district and shall be oriented in a horizontal position; and

7. Ancillary uses, such as mini-markets, smog testing, or auto repair, shall be approved as a part of the use permit, as allowed in Division II of this title, Zoning DistrictsUses and Standards.

B. Car Washes. In addition to the requirements as allowed in Division II of this title, Zoning DistrictsUses and Standards, and the development standards in Division IV of this title, car washes shall comply with the following requirements:

1. The site layout and design shall ensure that the queuing and drying areas will not create overspill into adjoining walkways and streets;

2. All washing facilities shall be completely within an enclosed building;

3. Vacuuming facilities shall not be located along public or private streets and shall be completely screened from adjacent residential properties;

4. Any noise from car washing activities, loud speakers, and vacuuming shall meet the noise standards in the general plan;

5. Car washes shall use recycled water whenever feasible; and

6. Compliance with subsections (A)(3), (4), (5), and (7) of this section is required, as they pertain to car washes.

C. Rental of Trucks, Trailers, and Automobiles. It shall be unlawful for the owner, lessee, or operator of any gas station or car wash or other commercial establishment, except a full-service, new car automobile dealership, to store, maintain, keep, or make available to the public, by lease agreement or otherwise, any rental trailers, trucks, or autos on the service station or adjoining premises without first obtaining a use permit, or an amendment to an existing use permit, if allowed in Division II of this title (Zoning DistrictsUses and Standards).

D. Gas Stations with Convenience Stores. Gas stations with convenience stores that sell alcoholic beverages shall be subject to the permit identified in Division II of this title (Zoning DistrictsUses and Standards), subject to requirements in CDC 18.200.040, and subject to the following requirements:

1. There shall be no advertisement of alcoholic beverages displayed at or located on motor fuel islands; and

2. There shall be no self-illuminated advertising for alcoholic beverages on the exterior of the building nor shall there be any specific product advertisements in the window area. [Ord. 12-4. DC 2012 § 122-622].

18.200.100 Home-based businesses.

Where allowed by Division II of this title (Zoning DistrictsUses and Standards), home-based businesses shall comply with the requirements of this section.

A. Applicability. This section applies to all home-based businesses which are allowed as an accessory use to the residential use of any property. This section applies wherever residential uses are allowed by Division II of this title.

B. General Requirements. All home-based businesses shall comply with the following: Not a project under CEQA Guidelines Section 15060(c)(2), 15060(c)(3), or 15378.

1. Location. The home-based business shall be conducted entirely within the principal dwelling, within an enclosed structure attached to the dwelling, or within a legally permitted and constructed enclosed accessory structure detached from the dwelling, excluding required garage parking area.

2. Floor Area Maximum. The space exclusively devoted to home-based businesses, including any related storage, shall not exceed 20 percent of the dwelling unit’s habitable square footage as determined by county tax records.

3. Employees. Employees working or meeting at the site shall be limited to persons who reside at the residence and one nonresident. The one nonresident employee’s hours shall be between 8:00 a.m. and 8:00 p.m.

4. Clients or Customers. No clients or customers shall be permitted at the site of the home-based business, except for students engaged in individual home instruction; i.e., with one student at a time and no more than six students per day. Student hours shall be between 8:00 a.m. and 8:00 p.m. An exception for nonstudent clients and limits on students is allowed pursuant to subsections (D)(2) and (D)(3) of this section.

5. Vehicles. In order to retain and preserve the neighborhood character and residential appearance of the property, a maximum of one business vehicle up to one-ton capacity per residence shall be permitted; provided, that the vehicle does not give the appearance that a business is being conducted at the location. The following types of vehicles are expressly prohibited: limousines; dump trucks; tow trucks; pick-up trucks with the bed converted into a hauling compartment designed to hold materials and equipment that exceed the height of the existing sides of the truck; construction vehicles (e.g., front-end loaders, backhoes); trailers (e.g., construction trailers, chipper trailers); construction equipment (e.g., cement mixers, chippers); vehicles over one ton; and similar vehicles.

6. Parking. A home-based business shall not encroach on any areas required for parking. A vehicle used in conjunction with a home-based business shall be parked in compliance with all applicable parking requirements for the residence.

7. Appearance. The residential appearance of the property at which the home-based business is conducted shall be maintained, and no exterior indication of a home-based business shall be permitted, including commercial advertising signs or window displays.

8. Storage. No equipment, parts, materials, supplies, merchandise, refuse, or debris shall be stored outdoors. Equipment, parts, materials, supplies, or merchandise may be stored within a permanent, fully enclosed compartment of a passenger vehicle or truck. No refuse or debris shall be stored in any vehicle. There shall be no storage of hazardous chemicals other than that which is normally found at a private residence.

9. Deliveries. Deliveries shall be limited to the frequency of deliveries and types of vehicles normally associated with residential neighborhoods and shall be between the hours of 8:00 a.m. and 8:00 p.m.

10. Nuisances. No home-based business shall be conducted in a manner which creates a public nuisance under state law or under the development code. Without limiting the foregoing, a home-based business shall not create noise, odor, dust, vibration, smoke, electrical disturbance, or any other interference with residential uses of adjacent property and shall be invisible to the neighborhood. There shall be no excessive use of, or unusual discharge into, any one or more of the following utilities: water, sanitary sewers, electrical, garbage, or storm drains.

11. Compliance with Other Requirements. A home-based business shall comply with all other applicable state laws and city ordinances, including any state licensing requirements.

C. Prohibited Home-Based Businesses. The following types of home-based businesses are expressly prohibited:

1. Automotive service, diagnosis, or repair to vehicles, other large machinery or equipment, or large appliances of others; and

2. Beauty salons and barber shops.

D. Permit Requirements.

1. Any person desiring to operate or establish a home-based business shall file an application and pay the fees for a home-based business permit.

2. Any person whose home-based business relies on nonstudent clientele visiting the residence may apply for an administrative permit to allow up to six nonstudent clientele customers per day, with one client at a time, subject to an administrative permit and notice to property owners and residents within 100 feet of the home-based business of the decision and right of appeal pursuant to Chapter 18.510 CDC (Appeals and Calls for Review).

3. Any person whose home-based business relies on providing education-related tutoring or services may increase the number of students served by up to two students at a time, and not more than eight students per day, between the hours of 8:00 a.m. to 9:00 p.m., subject to an administrative permit and notice to property owners and residents within 100 feet of the home-based business of the decision and right of appeal pursuant to Chapter 18.510 CDC (Appeals and Calls for Review). For the purposes of this section, education-related tutoring or services shall be limited to tutoring or instruction for school-aged children on academic subjects typically covered by a school curriculum or program such as mathematics, language, arts, and the sciences. Such business shall comply with the following standards and requirements when applicable:

a. When more than one student is being tutored at a time, a minimum of 15 minutes shall be provided between each session to stagger student pick-up and drop-off times.

b. Driveways shall be reserved for student/client parking during business hours.

c. Approval by the homeowners’ association, community association, property management company, or any other entity requiring authorization of such business shall be provided in writing.

d. The home-based tutoring business shall not create excessive pedestrian or vehicular traffic beyond that normal for the area and does not create a neighborhood nuisance.

E. Appeals. If a home-based business permit is denied or revoked, the home-based business applicant or permit holder may appeal the planning division’s determination pursuant to Chapter 18.510 CDC (Appeals and Calls for Review). [Ord. 18-9 § 1 (Exh. A); Ord. 12-4. DC 2012 § 122-623].

18.200.110 Live/work or work/live units.

Where allowed by Division II of this title (Zoning DistrictsUses and Standards), live/work and work/live units shall comply with the requirements of this section.

A. Purpose. The following requirements provide standards for the development of new live/work and work/live units. Live/work and work/live units shall be occupied by business operators who live in the same structure that contains their commercial or industrial activity. Live/work and work/live units may be established through the reuse of existing multifamily, commercial, and industrial buildings, or through new construction.

B. Applicability.

1. A live/work unit is intended to function predominantly as living space with incidental accommodations for work related activities that are beyond the scope of a home-based business.

2. A work/live unit is intended to function predominantly as workspace with incidental residential accommodations that meet basic habitability requirements.

C. General Requirements. The nonresidential component of a live/work or work/live project shall be a use allowed by Division II of this title (Zoning DistrictsUses and Standards), subject to the applicable standards and the following limitations:

1. Prohibited Uses. A live/work or work/live unit shall not be established or used in conjunction with any of the following activities:

a. Adult-oriented businesses;

b. Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.;

c. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use;

d. Welding, machining, or any open flame work; and

e. Any other use determined by the review authority to not be compatible with residential activities and/or to have the possibility of affecting the health or safety of the residents due to the potential for the use to create dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, or would be hazardous due to materials, processes, products, or wastes.

D. Density. Live/work and work/live units shall comply with the minimum and maximum density requirements of the applicable district, except that units within the IMX district shall not exceed a density of one unit per 1,800 square feet of net lot area.

E. Design Standards.

1. Floor Area Requirements.

a. The minimum net total floor area for a live/work or work/live space shall be 1,000 square feet.

b. No more than 50 percent of the floor area in work/live units shall be exclusively reserved for living space. For work/live units all floor area other than that reserved for living space shall be reserved for and regularly used for working space.

2. Separation and Access. Each live/work or work/live unit shall be separated from other units and other uses in the building. Access to each unit shall be provided from common access areas, corridors, or halls and the access to each unit shall be clearly separate from other live/work or work/live units or other uses within the structure.

3. Mixed Occupancy Buildings. If a building contains mixed occupancies of live/work or work/live units and other residential or nonresidential uses, occupancies other than live/work or work/live shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the live/work or work/live units and other occupancies, as determined by the building code.

4. Facilities to Accommodate Commercial or Industrial Activities. A live/work or work/live unit shall be designed to accommodate commercial or industrial uses as evidenced by the provision of ventilation, noise attenuation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities for the same work activity.

5. Integration of Living and Working Space. Areas within a live/work or work/live unit that are designated as living space shall be an integral part of the live/work or work/live unit and not with separate access (or occupied and/or rented separately) from the work space, except that mezzanines and lofts may be used as living space subject to compliance with the other provisions of this section, and living and working space may be separated by interior courtyards or similar private space.

6. Parking. Parking shall comply with the requirements of Table 18.160.040.

7. Open Space. A minimum of 200 square feet of private or common usable outdoor recreation or landscape open space shall be provided for each live/work or work/live unit. The open space may be provided on the ground level or as decks, balconies, porches, yards, gardens, sundecks, rooftop open space, podium space, or as an indoor recreation amenity if the site is constrained.

F. Operating Requirements.

1. Occupancy. Live/work or work/live units shall be operated by a resident of the business within the unit or household.

2. Rental of Portions of the Unit. No portion of a live/work or work/live unit may be separately rented as a commercial space to any person not living on the premises or as a residential space for any person not working at the premises.

3. Nonresident Employees. In addition to the resident, up to two persons who do not reside in the live/work or work/live unit may work in the unit unless otherwise approved by the minor use permit or use permit. The employment of any persons who do not reside in the live/work or work/live unit shall comply with all applicable building code requirements.

4. Client and Customer Visits. Client and customer visits to live/work or work/live units are permitted subject to any applicable conditions of the applicable minor use permit or use permit to ensure compatibility with adjacent commercial or industrial uses or adjacent residentially zoned areas or uses.

5. Notice to Occupants. The owner or developer of any building containing work/live units shall provide written notice to all occupants and users that the surrounding area may be subject to levels of noise, dust, fumes, or other effects associated with commercial and industrial uses at higher levels than would be expected in residential areas. State and federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial or industrial properties in the applicable district.

6. Changes in Use. A live/work unit may be converted or changed to an entirely residential use. A work/live unit shall not be converted to an entirely residential use, nor shall the ratio of living space to working space be changed, unless authorized through an amendment to the original approval. Any amendment to a work/live approval shall require a finding that the exclusively residential use will not impair the ability of nonresidential uses on and adjacent to the site to continue operating due to potential health or safety concerns or nuisance complaints raised by the residential use and/or its occupants.

G. Findings for Live/Work Units. The following findings shall be made for an approval of a live/work unit, in addition to the findings required for minor use permit or use permit:

1. Any business operated from the unit shall be operated by the occupant of the residential unit and not by an outside party; and

2. The proposed live/work unit is compatible with the architectural design of the buildings in the surrounding area. Any changes to the exterior of the building will be compatible with the surrounding area.

H. Findings for Work/Live Units. The following findings shall be made for an approval of a work/live unit, in addition to the findings required for minor use permit or use permit approval:

1. Any business operated from the unit shall be operated by the occupant of the residential unit and not by an outside party;

2. The use proposed for each work/live unit is a bona fide commercial or industrial activity;

3. The establishment of a work/live unit will not conflict with nor inhibit industrial or commercial uses in the surrounding area;

4. The building containing work/live units and each work/live unit within the building has been designed to ensure that they will function predominantly as work spaces with incidental residential accommodations meeting basic habitability requirements in compliance with applicable regulations; and

5. The proposed work/live unit is compatible with the architectural design of commercial and industrial buildings in the surrounding area. Any changes to the exterior of the building will be compatible with adjacent commercial or industrial uses. [Ord. 12-4. DC 2012 § 122-624].

18.200.120 Manufactured homes.

Where allowed by Division II of this title (Zoning DistrictsUses and Standards), manufactured homes shall comply with the requirements of this section.

A. Purpose. Manufactured homes may be used for residential purposes subject to the provisions of this section.

B. Applicability. This section shall only apply to manufactured homes constructed after January 1, 1994, which are certified under the National Manufactured Home Construction and Safety Act of 1974.

C. Design and Site Development Review. Administrative design and site development review shall be required for all new manufactured homes in accordance with Chapter 18.415 CDC.

D. Design Standards. Manufactured homes shall be compatible in design and appearance with the residential structures in the vicinity and shall meet the following standards:

1. Foundation. A manufactured home shall be built on a foundation system in accordance with the Uniform Building Code (UBC).

2. Skirting. Skirting shall extend to the finished grade on all sides of the unit over the foundation.

3. Siding. Exterior siding and materials shall be compatible with adjacent residential buildings.

4. Eaves. Roof eaves shall extend at least 12 inches but not more than 16 inches beyond the wall.

E. Nonresidential Use. The use of manufactured homes as a temporary use is subject to CDC 18.200.200 (Temporary uses and structures). [Ord. 12-4. DC 2012 § 122-625].

18.200.130 Mechanical and electronic games.

Where allowed by Division II of this title (Zoning DistrictsUses and Standards), establishments that operate mechanical and electronic games as ancillary to a principal use, such as a restaurant or retail establishment, shall comply with the requirements of this section.

A. Purpose. The following requirements apply to businesses which employ mechanical or electronic games in order to minimize nuisances that may be detrimental to the public health, safety, and welfare of the surrounding community.

B. Applicability. These requirements apply to all establishments that operate or maintain five or more mechanical and/or electronic games.

C. Permit Requirements. An administrative permit shall be required for commercial establishments that operate five or more mechanical or electronic games.

D. Conditions. The review authority may impose reasonable restrictions on the physical design, location, parking, lighting, and operation of an establishment with mechanical and electronic games 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. These restrictions may include a requirement for a police background check to be conducted.

E. Exemptions. This section does not apply to vintage mechanical or electronic games for sale at an antique or collectible store, or devices used for educational purposes at a school, museum, cultural center, or public library.

F. Adult Manager Required. At least one adult manager (18 years of age or 21 or over if serving alcohol) shall be on the premises during the time the mechanical and electronic games are open to the public. The onsite manager shall be responsible for ensuring compliance with this section and any conditions imposed; this obligation is in addition to the compliance obligations of the property owner, proprietor, and any other responsible parties.

G. Conflicts. In the event of any conflict between this section, other provisions of the development code, conditions imposed on a particular use or establishment, or any provisions of the Concord Municipal Code, the more restrictive shall prevail. [Ord. 15-8 § 3 (Exh. C); Ord. 12-4. DC 2012 § 122-626].

18.200.140 Mixed-use projects.

A. Purpose. Where allowed by Division II of this title, Zoning DistrictsUses and Standards, vertical mixed-use projects and projects in mixed-use districts (downtown pedestrian, downtown mixed-use, and commercial mixed-use) shall comply with the requirements of this section.

B. Applicability.

1. These requirements apply only to vertical mixed-use projects which combine residential and nonresidential uses into a single building with residential units located above the nonresidential uses. These requirements do not preclude the residential uses from also being located behind the nonresidential uses.

2. These standards do not apply to projects in mixed-use districts that consist of a single land use within a building or multiple land uses (separate residential buildings and nonresidential buildings located adjacent to each other) on a site or adjoining lots that may include a common property line (horizontal mixed-use).

3. Exceptions or modifications to these requirements shall require approval of a use permit in compliance with Chapter 18.435 CDC (Minor Use Permits and Use Permits).

C. Density. The residential component of a mixed-use project shall comply with the minimum and maximum density requirements of the applicable district.

D. Performance Standards.

1. Lighting. Lighting for commercial uses shall be appropriately shielded to limit impacts on the residential units.

2. Noise. Each residential unit shall be designed and constructed to minimize adverse impacts from nonresidential project noise.

3. Hours of Operation. Outdoor nonresidential uses in the NC and CMX districts shall be prohibited from operating between the hours of 10:00 p.m. and 7:00 a.m. Outdoor nonresidential uses in the DP and DMX districts shall be prohibited from operating between the hours of 11:00 p.m. and 6:00 a.m. Variations to these hours may be allowed, subject to approval of a use permit.

E. General Requirements. The following standards shall apply to mixed-use projects:

1. Any space proposed for retail or restaurant uses shall be a viable, marketable, and accessible space with adequate width, depth, size, and location to support the proposed use. For speculative projects, the applicant may be required to demonstrate that the space is adequate;

2. The primary entrance for both residential and nonresidential uses shall be prominently and separately located along the building’s street frontage or within a public or semi-public courtyard, foyer, lobby, or arcade. The residential entrance may be located within a public or semi-public foyer or lobby accessed through the primary, nonresidential entrance;

3. The ground floor elevation shall be no more than 30 inches above the finished grade immediately adjacent to the entry;

4. All street-facing facades shall have comparable architectural design and detailing. All buildings shall be designed with four sided design;

5. Building facades that exceed 100 feet in length shall be designed to provide at least one vertical break created through projecting or recessing wall surfaces, changes in the roofline, and/or by other elements that proportionally divide the facade’s mass;

6. Buildings shall be compatible with the height, massing, setback, and design character of surrounding uses and applicable design guidelines. Blank building walls shall not be allowed;

7. Building exterior finishes shall consist of durable, repairable, and high quality materials designed for residential and nonresidential uses;

8. Building uses and activities shall maintain compatibility with each other. The site design shall include specific design features to minimize potential adverse impacts from site lighting, noise, and other site elements. The building design shall provide a compatible mix of residential and nonresidential uses. Building lighting, reflective glare, and similar features shall be designed to minimize potential impacts to residents;

9. Restaurants shall provide measures including a scrubber, carbon filter, or similar equipment on the roof vent to control and to reduce odors to acceptable levels;

10. Shared parking shall be incorporated into mixed-use projects in compliance with Table 18.160.040 (Parking Requirements by Land Use);

11. Required on-site grade-level parking shall be located behind buildings out of public view;

12. Where surface parking is located within side setbacks on interior lots it shall be visually screened from the street by permanent structures (e.g., landscape wall);

13. Garage door openings shall be visually screened from the street by orientation, distance, landscaping, and/or other permanent structures;

14. Where appropriate, site design shall provide pedestrian connections by through-block walkways or links to sidewalks, including stairs or ramps as necessary;

15. Commercial loading areas shall be located away from residential units and shall be screened from view from the residential portion of the project. Loading and service entrances shall not intrude upon the public view or interfere with pedestrian and vehicular circulation;

16. Areas for 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 in compliance with CDC 18.150.150;

17. Common open space areas for residential uses shall be separated from nonresidential uses on the site. However, the building may be arranged to create opportunities for common open space for both uses. The planning division may allow sharing of the common open space if the open space will provide a direct benefit to residents of the project and if at least half of the required common open space for the residential uses is provided within the residential component of the project; and

18. Mechanical equipment shall be visually screened from the street and from the residential portion of the project by orientation, distance, and/or other permanent structures and landscaping.

F. Additional Requirements for the Downtown Pedestrian (DP) and Downtown Mixed-Use (DMX) Districts. The following standards shall apply specifically to the DP and DMX districts in addition to those standards listed in subsections (B) through (E) of this section:

1. The primary facade of the building shall be located as close to the sidewalk or front property line as possible, except where set back for a courtyard, plaza, seating area, or other public or semi-public open space.

2. The building shall abut one or both side property lines except where setbacks are required by the building code; or for access to parking; or for a side courtyard, plaza, seating area; or other public or semi-public open space.

3. Buildings shall be designed to differentiate the upper floor uses from the ground level uses in at least two of the following ways:

a. Buildings 35 feet in height or less that are set back from the property line shall provide a minimum eight-foot-wide arcade that extends beyond the building;

b. Buildings exceeding 35 feet in height that are set back from the property line shall provide either an arcade or a minimum five-foot setback from the facade of the ground floor use;

c. All buildings shall provide a change to materials, finish, or texture between the ground floor and upper floors; and

d. All buildings shall provide a heavy cornice line at the top and a continuous 10-foot-deep awning at the ground floor.

G. Additional Requirements for the Downtown Pedestrian (DP) District. The following standards shall apply specifically to the DP district:

1. Residential uses shall be located above the ground floor of the building for properties directly facing Todos Santos Plaza, and the ground floor shall be occupied by a retail or restaurant use.

2. Entries to individual residences shall not be allowed on the ground floor for properties directly facing Todos Santos Plaza.

3. Building facades that exceed 80 feet in length shall be designed to provide at least one vertical break created through projecting or recessing wall surfaces, changes in the roofline, and/or by other elements that proportionally divide the facade’s mass.

H. Additional Requirements for the Downtown Mixed-Use (DMX) District. The following standards shall apply specifically to the DMX district:

1. Both residential uses and nonresidential uses may occupy the ground or first floor of the building.

2. Building facades that exceed 130 feet in length shall be designed to provide at least one vertical break created through projecting or recessing wall surfaces, changes in the roofline, and/or other elements that proportionally divide the facade’s mass.

I. Additional Requirements for the Commercial Mixed-Use (CMX) District. The following standards shall apply specifically to the CMX zoning districts:

1. Both residential uses and nonresidential uses may occupy the ground or first floor of the building.

2. All restaurants shall be located on the ground floor facing a street.

3. Building facades that exceed 80 feet in length shall be designed to provide at least one vertical break created through projecting or recessing wall surfaces, changes in the roofline, and/or other elements that proportionally divide the facade’s mass.

J. Additional Requirements for the Neighborhood Commercial (NC) District. The following standards shall apply specifically to the NC zoning districts:

1. Residential uses shall be located above the ground or first floor of the building, which shall be reserved for a nonresidential use.

2. The primary entrance for residential uses shall be located separately from the commercial entrance. Individual residential entries shall not be located along the ground floor front facade.

3. Building facades that exceed 100 feet in length shall be designed to provide at least one vertical break created through projecting or recessing wall surfaces, changes in the roofline, and/or other elements that proportionally divide the facade’s mass.

K. Denial. The review authority may restrict or deny a proposed residential use if it determines that the use cannot be operated so as to be compatible with the nonresidential uses on the site. [Ord. 12-4. DC 2012 § 122-627].

18.200.150 Mobile home parks.

Where allowed by Division II of this title (Zoning DistrictsUses and Standards), mobile home parks shall comply with Title 25 of the California Administrative Code and the requirements of this section:

A. General Requirements. Each mobile home park and structure within a mobile home park shall comply with the following standards.

1. Setback Requirements. Each mobile home, patio or porch cover, awning, garage, storage building, or any other structure or building shall be set back a minimum of five feet from the boundary lines of each mobile home site; except that storage sheds of 120 square feet or less may be located within three feet of the mobile home site boundary. Where a mobile home site adjoins a mobile home park exterior property line, adjacent structures shall be set back from the exterior property line as required by the adjacent zoning district.

2. Maximum Height Limits.

a. Mobile homes: 15 feet;

b. Accessory structures: 15 feet; and

c. Service facilities: 30 feet.

3. Landscape Areas. Landscaping shall be provided in compliance with Chapter 18.165 CDC (Landscaping).

4. Recreation Area. Recreation areas shall be landscaped and maintained in a dust free condition as follows:

a. Family Park. Two hundred fifty square feet of recreational area per mobile home space for the first through one hundredth space and 200 square feet of recreational area per mobile home space for each space in excess of the one hundredth space.

b. Adult Park. Two hundred square feet of recreational area per mobile home space.

5. Storage Area. A mobile home park shall provide one or more storage areas for tenant-owned recreational vehicles, travel trailers, boats, and other vehicles. The size, location, and screening of said storage areas shall be considered on a project-by-project basis by the review authority, taking into consideration the number of units and type of project.

6. Pedestrian Access. A system of landscaped pathways shall be provided to be used exclusively by pedestrians. Pathways shall serve all mobile home lots and all buildings used in common. In the event such pathways are provided adjacent to driveways, the pedestrian pathway shall be at a grade height at least four inches higher than the adjacent driveway.

7. Streets and Access Drives. The design of streets and access drives shall comply with applicable state standards for mobile home parks and as established by the use permit.

8. Other Laws, Regulations, and Ordinances. All applicable county and state laws and regulations concerning the development and operation of mobile home parks shall be observed. Nothing contained in this section shall be construed to abrogate, void, or minimize other pertinent requirements of law. [Ord. 12-4. DC 2012 § 122-628].

18.200.160 Outdoor sales and displays.

Where allowed by Division II of this title (Zoning DistrictsUses and Standards), outdoor sales and display shall comply with the requirements of this section.

A. Locational Criteria. The outdoor sales and display area shall be directly related to a business occupying a permanent structure on the subject parcel. Displayed merchandise shall occupy a fixed, specifically approved, and defined area that does not disrupt the normal function of the site or its circulation, and does not encroach upon parking spaces, driveways, pedestrian walkways, or required landscaped areas. The area shall be delineated by striping, enclosure, or otherwise approved boundary.

B. Setbacks. Outdoor sales and display areas shall not encroach into required setback areas. In zoning districts where no setback is required, the outdoor sales area shall be set back a minimum of 15 feet from adjoining property lines, unless otherwise allowed by the review authority.

C. Screening. All outdoor sales and display areas, except for automobile displays and plant nurseries, shall be screened in compliance with CDC 18.150.180, Transitional requirements. The height of merchandise, materials, and equipment on display shall not exceed the height of the screening wall or fence.

D. Signs. Additional signs, beyond those normally allowed for the subject use, shall not be permitted to identify the outdoor sales and display area.

E. Rental of Trucks, Trailers, and Automobiles. Except as provided in Division II of this title, no owner, lessee, or operator of any gasoline service station or other commercial establishment shall be allowed to store, maintain, keep, or make available to the public, by lease agreement or otherwise, any rental trailers, trucks, or autos on the service station or adjoining premises. [Ord. 12-4. DC 2012 § 122-629].

18.200.170 Recycling facilities.

Where allowed by Division II of this title, Zoning DistrictsUses and Standards, recycling facilities that include collection facilities (reverse vending machines and small and large collection facilities) and processing facilities shall comply with the requirements of this section.

A. Small Collection Facilities.

1. Small collection facilities shall be located at least 50 feet from an R (residential) district or residential use.

2. Each facility shall be no larger than 500 square feet and shall be set back at least 10 feet from a front or side property line.

3. Small collection facilities shall not use parking space(s) required for the primary use. One space shall be provided for the collection facility attendant, in addition to the parking required in Table 18.160.040, Parking Requirements by Land Use.

4. Facilities located within 100 feet of the boundary of an R district or residential use shall not operate between 7:00 p.m. and 9:00 a.m.

5. No power-driven processing equipment shall be used except for reverse vending machines.

6. A solid masonry wall at least six feet in height shall enclose each facility with perimeter landscaping.

7. All recyclable materials shall be stored in containers or in a mobile unit vehicle.

8. The maximum sign area shall be eight square feet exclusive of informational requirements and operational instructions required by this section. The review authority may approve directional signage bearing no advertising message if necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way.

B. Large Collection Facilities.

1. Large collection facilities shall be located at least 250 feet from an R district or residential use.

2. Each facility shall be in an enclosed building or within an area enclosed by a solid masonry wall at least six feet in height with landscaping.

3. Parking requirements for large collection facilities shall be as required in Table 18.160.040.

4. 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 levels comply with subsection (E)(4) of this section.

C. Reverse Vending Machines.

1. Any reverse vending machine that occupies no more than 15 square feet and is located no more than 30 feet from the primary entrance to a commercial use shall be exempt from these requirements.

2. Reverse vending machines shall be allowed only as a small or large collection facility.

3. Reverse vending machines shall not require additional parking and may not use parking spaces required for the primarily permitted development.

4. Each machine shall be clearly marked to identify the type of material to be deposited, operating instructions, and shall identify the phone number of the operator or responsible person to call if the machine is inoperative.

5. The maximum sign area shall be four square feet per machine.

6. Adequate nighttime lighting shall be provided, if warranted, pursuant to CDC 18.150.110, Outdoor lighting.

D. Processing Facilities.

1. Processing facilities shall be located at least 500 feet from an R district or residential use.

2. Processors shall operate in a fully enclosed building, except for incidental storage, or within an area enclosed on all sides by a solid masonry wall not less than eight feet in height and landscaped on all street frontages.

3. If the facility is open to the public, parking shall be provided for a minimum of 10 customers or the peak load, whichever is higher, unless otherwise approved by the review authority.

4. One parking space shall be provided for each commercial vehicle operated by the processing center, in addition to the parking required in Table 18.160.040, Parking Requirements by Land Use.

5. Power-driven processing shall be permitted, provided all noise-level requirements are met.

E. All Collection and Processing Facilities.

1. No facility or storage area shall occupy a required front or corner side yard, and all requirements applicable to the principal structure on the site shall apply to collection and processing facilities except as otherwise provided in this section.

2. A large collection or processing facility may accept used motor oil for recycling from the generator in compliance with California Health and Safety Code Section 25250.11.

3. 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 nonflammable material. No storage, excluding truck trailers and overseas containers, shall be visible above the height of the fencing.

4. Noise levels generated by the facility shall not exceed 60 decibels (dBA) as measured at the property line of an R district or otherwise shall not exceed 70 dBA.

5. 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 district, it shall not be in operation between the hours of 7:00 p.m. and 8:00 a.m.

6. 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.

7. Except as otherwise provided herein, sign regulations shall be those provided for the district 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.

8. No facilities shall collect household waste or flammable waste products.

9. No dust, fumes, smoke, vibration, or odor above ambient levels may be detectable on neighboring properties. [Ord. 12-5; Ord. 12-4. DC 2012 § 122-630].

18.200.180 Accessory dwelling units.

Where allowed by Division II of this title (Zoning DistrictsUses and Standards), accessory dwelling units shall comply with the requirements of this section.

A. Purpose. The purpose of this section is to comply with California Government Code Section 65852.2, which provides for local jurisdictions to set standards for development of accessory dwelling units so as to increase the supply of smaller and affordable housing, while ensuring they remain compatible with the existing neighborhood.

B. Definitions.

“Accessory dwelling unit” means an attached or detached residential dwelling unit which shall provide complete independent living facilities, including permanent provisions for living, sleeping, eating, cooking, and sanitation, on the same parcel as the principal dwelling. An accessory dwelling unit also includes an efficiency unit and junior accessory dwelling unit, defined below.

“Architecturally and significant historic district” means one of the officially recognized historic landmarks or council designated historic districts in the city.

“Conversion” means the act of modifying an existing legal building or a portion of an existing legal building from its existing use to an accessory dwelling unit.

“Efficiency kitchen” includes a sink with a maximum waste line diameter of one and one-half inches, a food preparation counter with storage cabinets, and a cooking facility for appliances that do not require electrical service greater than 120 volts or natural or propane gas.

“Efficiency unit” is a small attached or detached accessory dwelling unit, with a maximum floor area of 150 square feet and which includes an efficiency kitchen and bathroom facilities, as specified by this title per the California Health and Safety Code Section 17958.1.

“Existing” means any legally built building that passed a final building inspection by or before January 1, 2017.

“Junior accessory dwelling unit” is a type of accessory dwelling unit which has a maximum floor area of 500 square feet in size and is contained entirely within an existing single-family residence and may include separate sanitation facilities or share sanitation facilities with the existing residence. Junior accessory dwelling units must be constructed within existing walls of the principal dwelling and must include an existing bedroom and an efficiency kitchen.

“Large accessory dwelling unit” means an accessory dwelling unit that is over 640 square feet and no larger than 1,200 square feet.

“Living area” means the interior habitable area of a principal dwelling, which passed a final building inspection by or on January 1, 2017, including basements and attics but not garages and/or any habitable accessory building.

“Owner” means any person with a legal interest in real property, as shown in the last equalized assessment roll for city taxes, accompanied with a right to occupy said property. For purposes of this section, “owner” shall not mean a tenant or lessee of the real property.

“Principal dwelling” means the legal single-family residential dwelling that is established or will be established as the primary use and building on a residential parcel, to which the accessory dwelling unit may be established through and subordinate to.

“Public transit” means an existing Bay Area Rapid Transit (BART) station within Concord.

“Small accessory dwelling unit” means an accessory dwelling unit that is not smaller than 150 square feet and no larger than 640 square feet.

C. Accessory Dwelling Unit Types. An accessory dwelling unit may be established through:

1. Conversion of existing living area or attached garage in an existing principal dwelling;

2. An addition to an existing principal dwelling;

3. Conversion of an existing detached legal accessory building on a lot with an existing principal dwelling, provided it is set back at a distance sufficient for fire safety; or

4. Construction of a new detached building.

D. Permit Requirements. Accessory dwelling units shall be subject to the following approval in accordance with Division VII of this title (Permits and Permit Procedures):

1. Ministerial Review Required. The planning division shall ministerially review a complete accessory dwelling unit application within 120 days of submittal of a completed application. Review is limited to ensure that the accessory dwelling unit complies with the requirements in this section.

2. Building Division Permit Required. In addition to the accessory dwelling unit application, the applicant shall be required to obtain all appropriate permits from the building division prior to the construction or conversion of the accessory dwelling unit.

3. Concurrent Review. For existing accessory buildings and living area conversions, accessory dwelling unit applications can be reviewed concurrently with the submittal of any building division permit application, provided the application forms, applicable fees, and supporting documents are submitted concurrently. The concurrent review of building division permit and accessory dwelling unit applications is not available for projects involving new construction.

E. Accessory Dwelling Unit Regulations.

1. Allowed Use. Accessory dwelling units are allowed in all single-family residential (RR, RS) districts, low density residential districts (RL), and other districts where a legal detached single-family dwelling exists.

2. Limitation. No more than one accessory dwelling unit or junior accessory dwelling unit shall be allowed per legal principal dwelling.

3. Size. On lots less than 12,000 square feet in net area, only small accessory dwelling units are allowed. On lots at or over 12,000 square feet in net area, both small and large accessory dwelling units are allowed.

4. Zoning Development Standards. The principal dwelling and the accessory dwelling unit shall meet all provisions of the zoning district in which they are located, including setbacks, height, and parking requirements and other applicable provisions of the development code, except as allowed by this section.

5. Setbacks.

a. Setback Requirements by Type of Accessory Dwelling Unit.

Type of accessory dwelling unit

Conversion of existing living area within a principal dwelling

Conversion of existing accessory building or garage

New addition to an existing principal dwelling

New detached building

Required setback

No additional setback, but distance must be sufficient for fire safety.

Five-foot side and rear setback.

b. Setbacks for Second-Story Accessory Dwelling Units. A minimum setback of five feet from the side and rear lot lines shall be required for a second-story accessory dwelling unit proposed above a garage or principal dwelling as a second story. For accessory dwelling units proposed above a garage or principal dwelling, the accessory dwelling unit shall not project beyond the front building line of the principal dwelling which the unit is constructed upon.

c. Front and Corner-Side Setbacks. Accessory dwelling units shall comply with the minimum required front and corner-side setbacks required for the principal dwelling, except as modified by this section.

6. Lot Coverage. The accessory dwelling units shall meet the lot coverage requirement of the district in which they are located, except as allowed by this section. An efficiency unit as defined above is allowed as an attached or detached dwelling regardless of the existing lot coverage.

7. Size.

a. Small Accessory Dwelling Units. The total floor area of a small accessory dwelling unit shall be no less than 150 square feet or more than 640 square feet, exclusive of the carport or garage. The small accessory dwelling unit shall have no more than one bedroom.

b. Large Accessory Dwelling Units. The total floor area of the large accessory dwelling unit must be over 640 square feet and no larger than 1,200 square feet, exclusive of the carport or garage. The large accessory dwelling unit shall have no more than two bedrooms.

c. The following requirements also apply:

i. If an attached garage or carport is proposed for the accessory dwelling unit as an accessory structure provided for in CDC 18.200.030, the maximum floor area for both structures combined shall be subordinate to the primary single-family dwelling and shall not exceed 75 percent of the living area of the principal dwelling.

ii. If a garage or carport is proposed to be attached to the accessory dwelling unit as an accessory structure provided for in CDC 18.200.030, the maximum size of the accessory structure shall be 460 square feet. The attached garage or carport shall not count toward the maximum area allowed for the accessory dwelling unit.

iii. No other accessory structure, as provided for in CDC 18.200.030, shall be allowed to be attached to the accessory dwelling unit.

d. The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area of the principal dwelling, with the maximum increase in floor area based upon the lot size as listed above as a small or large accessory dwelling unit.

8. Height.

a. Attached accessory dwelling units shall be shorter than or equal to the principal dwelling in height, except when proposed as a second-story addition above a garage or principal dwelling.

b. Detached accessory dwelling units shall be no taller than one-story structures, up to 12 feet in height. The height may be increased pursuant to CDC 18.200.030 by one foot for every two feet of additional setback provided, up to a maximum height of 16 feet.

9. Design.

a. Subordinate Design. The accessory dwelling unit and any attached covered parking shall be clearly subordinate to the principal dwelling by size, height, location, and exterior appearance as defined below.

b. Colors and Materials. The exterior appearance of the accessory dwelling unit shall match the principal dwelling in roof and siding materials and colors.

c. Access. Access to an accessory dwelling unit by stairs or ADA-compliant ramp may be permitted to encroach or project into setbacks as allowed by Table 18.150.140.

d. Entrance. All accessory dwelling units including junior accessory dwelling units shall not have a separate entrance located on the same side as the entrance for the principal dwelling.

e. Privacy. When a second-story accessory dwelling unit is proposed within the required setbacks for the principal dwelling, no second-story windows should be placed on the elevation within the setback unless they are designed with a minimum window sill height of five feet, use obscure glass, and/or use other techniques to avoid direct line of sight into adjacent properties.

f. Garage Doors. Garages that are converted to an accessory dwelling unit shall include the removal of garage doors and enclosure of the opening with walls, pedestrian doors, and windows that match those utilized on the remainder of the building if attached or that match the principal dwelling if detached.

g. Permanent Foundation. A permanent foundation system in accordance with the Uniform Building Code (UBC) shall be required for all accessory dwelling units.

10. Entrance.

a. All accessory dwelling units must include an exterior entrance.

b. Junior accessory dwelling units must include a separate exterior entrance from the principal dwelling and an interior entry to the main living area within the principal dwelling.

11. Parking. The parking required for an accessory dwelling unit is in addition to the required off-street parking for the principal dwelling. No additional parking is required for junior accessory units.

a. Parking for Accessory Dwelling Unit. One off-street parking space is required per accessory dwelling unit. The off-street parking space shall be provided as follows:

i. The parking space may be an uncovered space or tandem space and may be located in the front yard setback if contained within the space of an existing paved driveway, unless findings can be made that parking in setback areas or tandem parking is not feasible based upon fire and life safety conditions.

ii. If the subject site only has a single-car garage serviced by an existing single-car driveway, the driveway pavement may be widened up to an additional nine feet to provide one parking space for the accessory unit. Widening the existing driveway is allowed, provided the expansion does not result in more than 50 percent of the required front setback or yard area (whichever is greater) being paved or covered with impervious surface.

iii. Parking for the accessory dwelling unit may not result in or include additionally proposed curb cuts.

b. Parking for Principal Dwelling. When a garage, carport, or covered parking structure for the principal dwelling is demolished in conjunction with the construction of an accessory dwelling unit, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces or tandem spaces contained within the space of an existing paved driveway within the front yard setback, or by the use of mechanical automobile parking lifts.

c. Parking Exemption. Required parking for an accessory dwelling unit is not required in any of the following instances:

i. The accessory dwelling unit is located within one-half mile radius of public transit.

ii. The accessory dwelling unit is located within an architecturally significant historic district.

iii. The accessory dwelling unit is proposed through a conversion and is within the existing walls of the principal dwelling or an existing legal accessory building.

iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

v. When there is a car share vehicle site located within one block of the accessory dwelling unit.

12. Trees. When the construction of an accessory dwelling unit involves the removal of a protected tree as defined in Chapter 18.310 CDC, the owner must submit a tree permit application to the public works department, which shall be reviewed and approved prior to the submission of an accessory dwelling unit application.

13. Owner Occupancy.

a. For junior accessory dwelling units both units shall be occupied as separate single-family residential dwellings only if the legal owner occupies one of the units; otherwise, the two units shall be occupied as if they were one single-family residential dwelling.

b. Nothing in this section prohibits one or both of the dwelling units from remaining vacant.

c. The accessory dwelling unit may not be rented for less than 30 days.

d. Owner occupancy requirement shall be waived for government agencies, land trusts, or housing organizations.

14. Deed Restriction. A recorded deed restriction is required for junior accessory dwelling units. The deed restriction shall run with the land, prohibit the sale of the junior accessory dwelling unit separately from the principal dwelling, and require the legal owner to reside within either the principal dwelling or the junior accessory dwelling unit. For accessory dwelling units that were established with a deed restriction, the deed restriction may be removed upon proof provided by the owner that the permitted accessory dwelling unit has been removed.

15. Subdivision. No subdivision of land or air rights shall be allowed.

16. Sale Prohibited. An accessory dwelling unit or junior accessory dwelling unit may not be sold independently of the principal dwelling.

17. Density. An accessory dwelling unit or junior accessory dwelling unit that conforms to the standards of this section shall not be considered to exceed the allowable density for the lot upon which it is located.

F. Exemptions.

1. Hillside Development. The living areas of accessory dwelling units proposed on any hillside parcel are exempt from the hillside development use permit requirements described in Chapter 18.300 CDC. Other attached or detached areas, buildings or structures proposed as part of an accessory dwelling unit including but not limited to: detached or attached garages, sheds or playhouses are not exempt from the hillside development use permit process when applicable.

2. Design Review. Accessory dwelling units shall be exempt from the design and site review requirement as described in Chapter 18.415 CDC. However, accessory dwelling units proposed above a garage or principal dwelling as a second story must comply with the additional window treatments as described in the design subsection above. Other attached or detached areas, buildings or structures proposed as part of an accessory dwelling unit including but not limited to: detached or attached garages, sheds or playhouses are not exempt from the design review requirement process when applicable.

3. Environmental Review. As a ministerial project, an application for an accessory dwelling unit is exempt from environmental review under the California Environmental Quality Act (CEQA).

4. Creek and Riparian Protection. Accessory dwelling units proposed within creek or riparian areas as defined in Chapter 18.305 CDC shall comply with the development standards in CDC 18.305.040 but are exempt from the design and site review application requirement.

G. Appeals. All permits for accessory dwelling units are based on a ministerial review process and evaluation for conformance with this section. All approval or denial determinations are final. No appeals are permitted. [Ord. 18-1 § 1 (Exh. C); Ord. 17-2 § 2 (Exh. A)].

18.200.190 Sidewalk cafes and outdoor eating areas.

Where allowed by Division II of this title (Zoning DistrictsUses and Standards), or by Chapter 12.45 CMC (Sidewalk Cafes), sidewalk cafes and outdoor eating areas shall comply with the requirements of this section.

A. General.

1. Access shall comply with the Americans with Disabilities Act;

2. Food preparation shall comply with all county health requirements;

3. The hours of operation shall be limited to the hours of operation of the associated eating and drinking establishment;

4. Adequate lighting shall be provided to ensure that improvements and furniture do not become hazardous to pedestrians;

5. Restrooms shall be provided inside the associated eating and drinking establishment;

6. Only food and/or beverages prepared or stocked for sale at the adjoining eating and drinking establishment shall be served. Areas where alcoholic beverages are served shall be subject to the requirements of the Department of Alcoholic Beverage Control (ABC);

7. The sidewalk cafe and outdoor eating area shall be cleared of all equipment and in no case shall they be used for outdoor storage of any kind during non-operating hours; and

8. The site shall be kept in a clean and safe condition at all times. Refuse storage in the public right-of-way or pedestrian walkways is prohibited.

B. Sidewalk Cafes.

1. Regulations in Concord Municipal Code. Sidewalk cafes are regulated by Chapter 12.45 CMC, including (a) allowable locations; (b) allowable configurations (CMC 12.45.050); (c) sidewalk clearance and furniture location requirements (CMC 12.45.060); (d) signs; (e) service of food and beverages; alcoholic beverages (CMC 12.45.080); (f) food preparation requirements; and (g) days and hours of operation.

2. Review Authority.

a. Planning Approval. Sidewalk cafes shall require an administrative permit approval from the planning division in accordance with the provisions in Chapter 18.420 CDC (Administrative Permit).

b. Encroachment Permit. All sidewalk cafes shall require an encroachment permit (See CMC 12.45.030) from the engineering division, in accordance with Chapter 12.15 CMC (Street Encroachments).

Sidewalk Cafe Locations

Figure 18.200.190

3. Furniture and Design.

a. All furniture and associated structural elements, such as awnings, umbrellas, planters, fencing or other physical elements that are visible from public rights-of-way, shall be compatible with and complement the character of the main structure;

b. All furniture, umbrellas, fencing, and other improvements shall be made of high quality durable materials designed for commercial use, and secured to the site, as approved by the planning division;

c. When fencing is used it shall be a high quality, decorative metal, unless otherwise approved;

d. Tables and chairs shall not be placed to impede building ingress and egress nor impede access to trash cans, parking meters, bicycle racks, newspaper racks, bus stops, or other such uses of the public right-of-way; and

e. All outdoor furniture, including tables, chairs, umbrellas, and planters, shall be portable and shall be arranged to adequately accommodate persons with disabilities, including the visually impaired.

4. Entertainment. Sidewalk cafes that provide entertainment or amplified music may require the preparation of a noise analysis with appropriate mitigation measures, including limited hours of operation, to mitigate noise impacts on nearby residential areas.

C. Outdoor Eating Areas.

1. Applicability. Outdoor eating areas shall be permitted as an ancillary use to any restaurant where allowed by Division II of this title (Zoning DistrictsUses and Standards).

2. Location. Outdoor eating areas shall be located on private property within alleys, plazas, courtyards, or other interior outdoor spaces, in compliance with the setbacks of the applicable zoning district.

3. Permit Requirements. Outdoor eating areas shall obtain:

a. An administrative permit in accordance with Chapter 18.420 CDC (Administrative Permits) when located 300 feet or more from a residential zoning district or a residential dwelling; or

b. A minor use permit in accordance with Chapter 18.435 CDC (Minor Use Permits and Use Permits) when located less than 300 feet from a residential zoning district or a residential dwelling. [Ord. 12-4. DC 2012 § 122-632].

18.200.200 Temporary uses and structures.

A. Purpose. This section establishes procedures, standards, and requirements for the approval of temporary activities, events, and uses which are intended to operate on a short-term basis for a limited period. Such activities, events, and uses may not meet the typical use or development standards for a particular zoning district, but may be acceptable due to their temporary nature. Temporary activities, events, and uses include special events provided for the enjoyment of the public, sales and promotional activities intended to serve commercial interests, seasonal activities, temporary construction related activities, and similar temporary activities, events, and uses.

B. Applicability. This section shall apply to temporary activities, events, and uses which are established, operated, and conducted as required by this section. This section does not apply to vendors, which are subject to Chapter 12.50 CMC (Vendors).

C. Permit Requirements. Unless otherwise specified in this section, temporary events, activities, and uses shall require the following approvals. Other temporary or short-term activities that do not fall within these categories shall comply with Division II (Zoning DistrictsUses and Standards), Division IV (Development Standards), and Division V (Standards for Specific Uses) of this title.

1. Exempt Temporary Uses. Minor temporary events, activities, and uses are exempt from the requirements of this section when conducted in accordance with the limitations and conditions described below.

2. Minor Temporary Uses. Minor temporary activities, events, and uses shall require a zoning clearance determination, in accordance with Chapter 18.410 CDC (Zoning Clearance).

3. Major Temporary Uses. Major temporary activities, events, and uses are allowed subject to approval of an administrative permit in accordance with Chapter 18.420 CDC (Administrative Permits), for up to 12 months unless otherwise specified or conditioned in the permit approval. All administrative permit approvals shall be based on compliance with the findings in subsection (G) of this section.

D. Exempt Temporary Uses. Exempt temporary activities, events, and uses conducted in accordance with the limitations and conditions described below shall include:

1. Emergency Facilities. Emergency public health and safety facilities and activities.

2. Garage Sales. No property may have more than three sales per year, and no sale may exceed two consecutive days.

3. Public Property. Activities which are authorized by the city and conducted on city owned properties. Such activities may be subject to CMC 4.05.040 (Permits for use of parks).

E. Minor Temporary Uses. Minor temporary activities, events, and uses conducted in accordance with the limitations and conditions described below shall include:

1. Construction Yards – On-Site. On-site construction yards, for an approved construction project. The construction yard shall be removed immediately upon completion of the construction activities, or expiration of the building permit or other permit authorizing the construction project, whichever occurs first.

2. Minor Promotional Events. Special events that meet the following criteria, as applicable, when the planning division determines that the event or activity will not impact an adjacent residential area:

a. Is conducted within an established shopping center;

b. Does not occur after 9:00 p.m.;

c. Is not attended by more than 100 persons;

d. Does not have amplifying equipment within 300 feet of a residential area; and

e. Does not occur for more than three consecutive days in the same location more than once every six months.

3. Real Estate Sales Offices. Temporary real estate sales offices for the initial sale of property in new residential developments, subject to the following standards:

a. Is located within a new residence that is part of the development or within a temporary building; and

b. Adequate visitor parking and safe circulation are provided that will not interfere with ongoing construction activities.

4. Temporary Work Trailers. A trailer or modular structure used as a construction office, or a temporary work site for employees of a business, subject to the following standards:

a. There is an approved building permit for the permanent facility;

b. The trailer or modular structure is only allowed during the construction of a subdivision, or permanent nonresidential structure or facility;

c. The applicant has demonstrated that the construction office or temporary work site is a short-term necessity;

d. The structure shall be approved for a maximum period of one year or until expiration of the building permit or other construction permit, whichever occurs first, unless an extension is granted; and

e. The trailer or modular structure is removed prior to final building inspection or issuance of a certificate of occupancy for the permanent structure.

5. Unattended Temporary Donation Boxes. An unattended temporary donation box is a temporary box, container, receptacle, or similar facility with ground dimensions no greater than 20 square feet and a height no greater than five feet that is placed on private property for the purpose of accepting clothing, textiles, shoes, books, and/or other salvageable personal property items to be used by an organization for distribution, resale, or recycling, subject to the following standards:

a. The donation box shall be approved for a maximum period of six months and may only be renewed for one additional six-month period. The application for zoning clearance determination shall include a site plan indicating the location of the proposed donation box and the dates for which approval is requested. The application further shall state the name and contact information of the person designated by the organization to be responsible for maintenance of the donation box;

b. The location of donation boxes shall comply with the following:

i. Shall not be located within 20 feet of the public right-of-way or other public property;

ii. Shall be in an area that is adequate in size and shape to accommodate the donation box and to allow for adequate foot traffic and access by the disabled;

iii. Shall not impede adequate vehicular traffic to or within the site;

iv. Shall not obstruct any required parking spaces;

v. Shall not obstruct or interfere with drainage or the operation of utilities; and

vi. Shall not create a public or private nuisance.

c. Only one donation box shall be permitted per parcel of real property; donation boxes shall only be located in an office and commercial or business park and industrial zone and only on a parcel where a primary business or commercial use is in operation;

d. Donation boxes shall be kept clean, well maintained, neatly painted, and in good operating condition with no structural damage, holes, or visible rust. Donation boxes shall be locked or otherwise secured and shall have a collection opening that has a tamper-resistant locking mechanism. Donation boxes shall be serviced and emptied as needed, but at least every seven days;

e. Donation boxes shall be maintained free of litter and graffiti at all times. The property owner, tenant in control, and/or operator shall remove all donation items, abandoned personal property, trash, litter and debris within 20 feet of the box on a daily basis. Graffiti shall be removed within 48 hours of written notice from the city;

f. Donation boxes shall be clearly marked with the name of the organization doing the collection and a working telephone number of the organization;

g. Donation boxes shall bear a sticker issued by the city evidencing zoning clearance determination by the city and the expiration date of the temporary use;

h. The city may summarily abate any donation box found in violation of these conditions upon 48 hours’ written notice to abate provided to the person designated by the organization to be responsible for maintenance of the donation box;

i. The written consent of the property owner and any tenant in control of the location where the donation box is intended to be placed shall be provided to the city at the time zoning clearance determination is requested. The property owner and/or any tenant in control of the location where the donation box is intended to be placed may remove the donation box at any time, with or without consent of the owner or operator of the donation box;

j. Upon termination of the authorized temporary use, donation boxes shall be removed within 48 hours; and

k. The property owner, tenant in control of the location, and organization shall be individually and severally responsible for complying with the conditions of these provisions.

F. Major Temporary Uses. Major temporary activities, events, and uses are limited to a specific duration, generally up to 12 months, unless otherwise specified below, or conditioned in the permit approval. Approval shall only be granted when all of the findings in subsection (G) of this section are met. Major temporary activities, events, and uses shall include:

1. Carnivals, Circuses, Fairs, and Amusement Places. Festivals, fairs, tent shows, exhibits, games of skill, or rides when conducted at an outdoor location, subject to the following standards:

a. Complies with operational standards contained in Chapter 5.40 CMC (Carnivals, Circuses, Fairs, and Amusement Places);

b. Is located a minimum of 300 feet from any residential property, except that schools, churches, and other local nonprofit educational or charitable organizations may be exempt from this requirement pursuant to CMC 5.40.040 (Location requirements); and

c. Has obtained a permit from the police department if the activity exceeds a total of seven days.

2. Location Filming. The use of a specific site for the filming of commercials, movies, videos, etc.

3. Major Promotional Events, Activities, Art Fairs, and Festivals. Special events and recurring activities that do not meet the conditions for minor promotional events in subsection (E)(2) of this section.

4. Model Homes. A model home or model home complex for an approved residential subdivision which has active construction permits. The models shall be converted to units for sale upon the completion of sales of all similar models or prior to acceptance of the subdivision improvements by the city.

5. Outdoor Sales and Displays. Temporary promotional sales and outdoor displays, associated with a permanent on-site use, may occur in nonresidential districts for 30 consecutive days within a 12-month period, subject to the following standards:

a. Merchandise displays are located in close proximity to the primary structure where the items are sold indoors;

b. Merchandise is displayed in a planned, orderly, and attractive manner as an extension of the window display and shall not constitute an expansion of the retail floor area (such as clothing racks);

c. Merchandise displays do not interfere with adjacent business displays, storefronts, access, or visibility;

d. Merchandise displays occupy a fixed, specifically approved, and defined location that does not disrupt pedestrian traffic, obstruct access to parking areas or driveways, or encroach onto landscape areas;

e. Display fixtures are of good quality and durable materials and construction;

f. Merchandise displays do not exceed a height of eight feet above the sidewalk; and

g. Displays are removed during nonbusiness hours, unless otherwise approved.

6. Seasonal Holiday Sales. Christmas tree lots and pumpkin patches subject to the following standards. Stand-alone seasonal sales associated with other holidays are prohibited.

a. Sales of pumpkins may be conducted between October 1st and Thanksgiving Day, and sales of Christmas trees may be conducted between Thanksgiving Day and December 25th, seven days a week, and shall not operate between the hours of 10:00 p.m. and 8:00 a.m.;

b. Seasonal sales lots shall prevent nuisance factors on adjoining parcels, such as glare or direct illumination, dirt, dust, noise, odors, smoke, waste, and vibration;

c. Adequate parking facilities and vehicular and pedestrian circulation shall be provided;

d. Appropriate setbacks are provided to ensure adequate separation from adjoining land uses and a safe environment for vehicles and pedestrians; and

e. All trees, pumpkins, and other related sale items, as well as signs and temporary structures, shall be removed within 10 days after the end of sales, and the appearance of the site shall be returned to its original state. A monetary deposit shall be required, upon application, as set forth in the currently adopted city fee schedule to guarantee site cleanup.

7. Temporary Classrooms. A temporary classroom, including a manufactured or mobile unit, may be approved for a maximum of one year at an existing private school. An extension of one year may be granted by the planning division. A temporary structure proposed for a longer time period shall comply with all provisions of the development code applicable to a permanent structure on the same site.

8. Temporary Shelter. The use of a trailer, as defined in Vehicle Code Section 630, camper as defined in Vehicle Code Section 243, or recreational vehicle as defined in Health and Safety Code Section 18010, and a trailer coach as defined in Vehicle Code Section 635, is prohibited for residential purposes except for the following conditions:

a. If an existing home is damaged and determined to be uninhabitable by the building official, a trailer, camper, or RV may be occupied for a maximum one-year period, when a building permit has been issued and is active.

b. A trailer, camper, or recreational vehicle may be parked on a lot consistent with the regulations of CDC 18.160.160 (Parking and storage of recreational vehicles).

9. Vehicle Sales Events. Temporary events sponsored by a credit union or similar organization and held on private property such as a business park, with the property owner’s authorization. These events shall be limited to a maximum of two consecutive days and shall not occur in the same location more than two times a year.

10. Attended Used Goods Collection Centers. Attended used goods collection facilities at any location other than within a permanent building or structure shall comply with all of the following standards:

a. The location of collection centers (trailers or containers) must be adequate in size and shape to accommodate the use and to allow for adequate foot traffic and access by the disabled and shall not impede adequate vehicular or pedestrian traffic to or within the site or obstruct any required parking spaces;

b. Collection centers shall not be located within 20 feet of the public right-of-way or other public property and shall be located so they are not visible from the public right-of-way;

c. The location of collection centers shall not create a public or private nuisance;

d. Only one trailer or container shall be permitted per parcel; collection centers shall only be located in an office and commercial or business park and industrial zone and only on a parcel where a primary business or commercial use is in operation;

e. Collection centers shall be operated by organizations;

f. Collection centers shall be kept clean, well maintained, neatly painted, and in good operating condition;

g. Each collection center shall be clearly marked with the name of the organization doing the collection and the local telephone number of the organization;

h. Collection centers, including all signs, accessories and structures, shall be maintained free of litter and graffiti at all times. The property owner, tenant in control, and/or operator shall remove all donation items, abandoned personal property, trash, litter and debris within 20 feet of the box on a daily basis. Graffiti shall be removed within 48 hours of written notice from the city;

i. The collection center shall be manned at all times the center is in use;

j. The written consent of the property owner and any tenant in control of the location where the collection center is intended to be placed shall be provided at the time permission is requested to use a collection center;

k. Upon termination of a collection campaign or program, collection facilities shall be removed and the site restored to its original condition within 48 hours; and

l. The property owner, tenant in control, and organization shall be individually and severally responsible for complying with the conditions of these provisions.

11. Similar Temporary Activities. A temporary activity, event, or use that the planning division determines is similar to the other activities listed in this section, and is compatible with the applicable zoning district and surrounding land uses.

G. Findings. Administrative permits for temporary events, activities, and uses, in accordance with Chapter 18.420 CDC (Administrative Permits), shall be approved only when all of the following findings can be made:

1. The establishment, maintenance, or operation of the activity, event, or use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity of the proposed use.

2. The activity, event, or use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

3. Approved measures for the removal of the activity, event, or use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed.

4. The approval includes provisions to ensure that each site occupied by a temporary activity, event, or use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the activity, event, or use and shall thereafter be used in compliance with the provisions of the development code. The review authority may require an appropriate security deposit prior to the initiation of the activity, event, or use to ensure proper cleanup after the use is terminated.

5. Additional conditions may be required, as appropriate, to minimize any adverse impacts of the temporary activity, event, or use.

H. Prohibited Temporary Activities, Uses, and Structures.

1. Privately Owned Vehicle Sales. The parking of privately owned automobiles in commercial, industrial, or public parking lots for the express purpose of offering the vehicle for sale is prohibited. This does not apply to permanent automobile/vehicle sales and leasing uses.

2. Shipping and Cargo Containers. Temporary structures including shipping and storage containers shall be prohibited as temporary stand-alone structures and are only permitted as building components of permanent structures subject to design and site review, with particular attention paid to roofing, exterior treatment, architecture, compatibility with adjacent buildings, and placement on a permanent foundation. [Ord. 18-1 § 1 (Exh. C); Ord. 13-5; Ord. 12-4. DC 2012 § 122-633].

18.200.210 Food vendor group sites.

Where allowed by Division II (Zoning DistrictsUses and Standards), food vendor group sites shall comply with the requirements of this section.

A. Purpose. This section provides standards for food vendor group sites, established on private or public property, where allowed by Division II (Zoning DistrictsUses and Standards). Food vendors can bring vitality, pedestrian activity, and spillover economic activity to the surrounding areas while protecting the health, safety, convenience, prosperity, and general welfare of the city and surrounding businesses. It is the intent of these regulations to assure a minimum level of cleanliness, quality, and security.

B. Applicability.

1. This section shall only apply to food vendor group sites, which are sites with the stationary operation of one or more mobile food vendors clustered together on a single private or public property site during a specified time and in accordance with an approved permit. All other vendor sites and sales shall comply with the provisions in CMC 12.50.010 through 12.50.040, Vendors.

2. Notwithstanding the provisions in this section, all vendors shall also comply with the requirements in CMC 12.50.010 through 12.50.040.

C. Definition.

1. Food Vending. The sale of prepared foods from a food vendor unit. Food vending activities may include, but are not limited to, the following:

a. The sale of food prepared off site in a commercial kitchen and/or prepared on site within the food vendor unit kitchen, per Contra Costa County health regulations.

b. Food ordered and served from the food vendor unit.

c. Take-out counter and space for customer queuing.

d. Prepared food served in disposable wrappers, plates, or containers and sold for on-site or off-site consumption.

2. Food Vendor Unit. A mobile truck, trailer, vendor cart, or other movable wheeled equipment or vehicle from which food vending occurs.

3. Food Vendor. A person who is engaged in food vending.

4. Food Vendor Group Site. A site approved for a specified number of food vendors, where allowed by Division II (Zoning DistrictsUses and Standards), for a specific duration and frequency and subject to specific conditions of approval.

5. Food Vendor Group Site Operator. The individual directly responsible for organizing and/or conducting the food vendor group site and/or the facility manager, or respective designee, for the purpose of determining liability for damage to city or public facilities as a result of a food vendor group site.

D. General Requirements.

1. Location. Food vendor group sites shall be located a minimum distance of 100 feet from the following (as measured in a straight line from the property line of the food vendor group site to the nearest property line of the following):

a. Schools. Any public school, unless specifically authorized by the school district, indicating that the school has no objections to the proposed food vendor group site locating on school grounds or within 100 feet of the school grounds.

b. Parks. Any public park or recreation area unless specifically authorized by the city.

c. Restaurants. Any full service, limited service, or drive-through restaurant, unless specifically authorized by the restaurant.

d. Any bar, nightclub or lounge.

2. Restrooms. Food vendor group sites shall be located within 200 feet of an available functioning restroom facility, which is available for the vendors and their employees, and customers, unless otherwise set forth in the permit approval for the food vendor group site.

3. Hours of Operation. Food vendor group site activities shall not be conducted before 7:00 a.m. or after 9:00 p.m., any day of the week, and all vendor units shall be cleared from the site by 10:00 p.m., unless otherwise set forth in the permit approval for the food vendor group site.

4. Site Circulation.

a. Food vendor units shall not impede circulation, block driveways, drive aisles, parking, or other site improvements which are required for other businesses.

b. Food vendor group sites shall not locate in or block parking spaces which serve as required parking for any other business or use on the property.

c. Each food vendor unit at a food vendor group site shall be sited in a manner to ensure that the customer queue maintains a minimum five feet of unobstructed clear path along any public sidewalk or right-of-way when the service window faces the street or sidewalk.

d. Safe and adequate parking shall be provided for customers of the food vendor group site; the number of spaces and the layout shall be submitted with the application for a food vendor group site.

5. Site Conditions. The food vendor group site operator shall be responsible for the improvement, maintenance, and compliance with the conditions of approval, as follows:

a. Installation of improvements and maintenance of the site, adjacent right-of-way, and properties within 100 feet of the site in a safe, litter free, and clean manner at all times.

b. Installation of dust-proof surfacing of all areas of the site to be used by vendor units and as needed for parking. Dust-proof surfacing shall be defined as paving, asphaltic concrete, cement concrete, porous asphalt/porous concrete or functional equivalent approved by the city engineer.

c. Installation and maintenance of adequate lighting to ensure vendor and customer safety. All lighting shall be directed downwards and away from adjacent properties and public streets.

d. Ongoing arrangements and costs for the collection and disposal of waste and trash after each food vendor group site event.

e. The layout of the food vendor group site shall comply with the approved permit and maintain site circulation and access consistent with the Americans with Disabilities Act (ADA).

f. Installation, maintenance, and storage of other site amenities such as tables and chairs, portable restroom facilities, and/or temporary shade structures, as required.

6. Security. The food vendor group site operator shall ensure that adequate safety and security measures are implemented.

7. Display and Appearance of Mobile Food Vendor Units.

a. Each food vendor unit shall display a current business license and current health department permit in plain view, as required by the health department.

b. Food vendor units shall be maintained in movable condition at all times.

c. Each food vendor shall provide at least one 32-gallon trash receptacle within 15 feet of their food vendor unit.

8. Alcohol. The serving or consumption of alcohol is prohibited at food vendor group sites.

E. Permit Requirements. Where allowed by Division II (Zoning DistrictsUses and Standards), an administrative permit or minor use permit shall be required, in accordance with Division VII (Permits and Permit Procedures).

F. Conditions of Approval. In addition to the requirements in this section, additional conditions may be required as determined necessary to protect the public health, safety, welfare, and order, and to minimize adverse impacts upon the surrounding neighborhood and the general community. Additional conditions may be added to address noise, lighting, odors, or smoke. The following conditions shall apply to all food vendor group sites:

1. No more than one food vendor group site shall be allowed on any single property.

2. Any exterior storage of refuse, equipment, or materials associated with the food vendor group site and each food vendor unit shall be prohibited on the site except during operating hours. [Ord. 14-6 § 11].