Chapter 17.22
ALLOWABLE LAND USES

Sections:

17.22.010    Purpose.

17.22.020    Allowable land uses and planning permit requirements.

17.22.030    Exemptions from planning permit requirements.

17.22.010 Purpose.

This chapter lists the land uses that may be allowed within the zoning districts established by Section 17.20.020 (Zoning map and zoning districts) of this title, and determines the type of planning permit/approval required for each use. (Ord. 766 § 2 Exh. A (part), 2004).

17.22.020 Allowable land uses and planning permit requirements.

A. Allowable Land Uses. The land uses allowed by this land use code in each zoning district are listed in Tables 2-2 and 2-3 of this chapter, together with the type of planning permit required for each use. Each land use listed in Tables 2-2 and 2-3 is defined in Article 9 (Glossary).

1. Establishment of an Allowable Use.

a. Any one or more land uses identified by Tables 2-2 and 2-3 as being allowable within a specific zoning district may be established on any parcel within that zoning district, subject to the planning permit requirement listed in the tables, and in compliance with all applicable requirements of this land use code.

b. Where a single parcel is proposed for development with two or more of the land uses listed in the tables at the same time, the overall project shall be subject to the highest permit level required by the tables for any individual use. For example, a new multi-use building proposed with a permitted use on the second floor and a use requiring use permit approval on the ground floor would require use permit approval for the entire project.

2. Use Not Listed.

a. A land use that is not listed in Tables 2-2 and 2-3 is not allowed within the city, except as otherwise provided in subsection (A)(3) of this section, or Section 17.22.030 (Exemptions from planning permit requirements) of this chapter.

b. A land use that is not listed in the tables within a particular zoning district is not allowed within that zoning district, except as otherwise provided in subsection (A)(3) of this section, or Section 17.22.030 (Exemptions from planning permit requirements) of this chapter.

3. Similar and Compatible Use May Be Allowed. The director may determine that a proposed use not listed in this chapter is allowable as follows:

a. Required Findings. The director may determine that a proposed use is similar to and compatible with a listed use and may be allowed, only after first making all of the following findings:

i. The characteristics of, and activities associated with the use are similar to one or more of the listed uses, and will not involve greater impacts than the uses listed in the district;

ii. The use will be consistent with the purposes of the applicable zoning district;

iii. The use will be consistent with the general plan and any applicable specific plan;

iv. The use will be compatible with the other uses allowed in the district; and

v. The use is not listed as allowable in another zoning district.

A determination that a use qualifies as a “similar use” and the findings supporting the determination shall be in writing.

b. Applicable Standards and Permit Requirements. When the director determines that a proposed but unlisted use is similar to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this land use code apply.

c. Appeal. A determination of similar and compatible use may be appealed in compliance with Chapter 17.84 (Appeals) of this title.

B. Permit Requirements. Tables 2-2 and 2-3 provide for land uses that are:

1. Permitted subject to compliance with all applicable provisions of this land use code, subject to first obtaining a zoning clearance (Section 17.62.020). These are shown as “P” uses in the tables;

2. Allowed subject to the approval of a minor use permit (Section 17.62.050), and shown as “MUP” uses in the tables;

3. Allowed subject to the approval of a use permit (Section 17.62.050), and shown as “UP” uses in the tables;

4. Allowed subject to the type of city approval required by a specific provision of Chapter 17.42 (Standards for Specific Land Uses) of this title, and shown as “S” uses in the tables; and

5. Not allowed in particular zoning districts, and shown as a “ – ” in the tables.

C. Additional City Approval Requirements. Any land use identified as allowable by Table 2-2 or 2-3 may require design review (Section 17.62.040), a hillside development permit (Section 17.53.070), and/or a building permit in compliance with the municipal code, in addition to the required planning permit.

D. Standards for Specific Land Uses. Where the last column in the tables (“Specific Use Regulations”) includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this land use code may also apply.

 

Table 2-2

Allowed Land Uses and Permit Requirements for Low Density and Neighborhood Zones 

 

P

Permitted Use, Zoning Clearance required

 

MUP

Minor Use Permit required

 

UP

Use Permit required

 

S

Permit requirement set by Specific Use Regulations

 

Use not allowed

Land Use(1)

Permit Required by District

 

OSC

OSR

RR

RVL

NL

NM

NU

Specific Use Regulations

Agricultural and Open Space Uses

Agricultural accessory structure

UP

P

P

17.42.020

Animal keeping

S

S

S

S

S

S

S

17.42.040

Crop production, horticulture, orchard, vineyard

UP

 

Plant nursery

UP

 

Winery, small scale

UP(2)

 

Industry, manufacturing and processing, wholesaling

 

Artisan/craft product manufacturing

UP(3)

 

Recreation, Education and Public Assembly Uses

Community garden

MUP

MUP

MUP

MUP

MUP

MUP

 

Equestrian facility

UP

UP

 

Meeting facility, public or private

UP

UP

UP

 

Park

UP

P

P

P

P

P

P

 

Playground

P

P

P

P

P

P

 

Private residential recreation facility

UP

UP

UP

UP

 

School – Elementary, middle, secondary

UP

UP

UP

 

Residential Uses

Accessory dwelling unit

P

P

P

P

P

17.42.170

Caretaker quarters

UP

 

Cottage housing

S

S

S

17.42.125

Home occupation

P

P

P

P

P

17.42.080

Junior accessory dwelling unit

P

P

P

17.42.170

Mobilehome park

UP

UP

UP

UP

UP

17.42.110

Mobile/manufactured home

P

P

P

P

P

17.42.110

Multifamily housing, 2 units

UP

P

P

17.42.120

Multifamily housing, 3 or 4 units

UP

P

17.42.120

Multifamily housing, 5 to 9 units

UP

UP

17.42.120

Multifamily housing, 10 or more units

UP

17.42.120

Multifamily housing, up to 100 units with 25% affordable

P

17.42.120

Organizational house (sorority, monastery, etc.)

UP

 

Residential accessory use or structure

P

P

P

P

P

17.42.160

Residential care facility for the elderly (RCFE)

UP

UP

UP

UP

UP

 

Residential care, 11 or more clients

UP

UP

UP

UP

UP

 

Residential care, 6 or fewer clients, in a single-family dwelling

P

P

P

P

P

 

Residential care, 7 to 10 clients

UP

UP

UP

UP

UP

 

Residential component of a mixed use project

UP

UP

UP

17.42.100

Rooming or boarding house

UP

 

Single-family dwelling

P

P

P

UP(4)

UP(4)

 

Retail Trade

Accessory retail and services

UP

UP

UP

 

Convenience store, 1,200 sq. ft. or less

UP

UP

UP

 

Produce stand

UP

17.42.130

Services – Business and Professional

Medical services – Extended care

UP

UP

 

Office – Accessory

P

P

P

P

P

P

 

Services

 

Adult day care – 6 or fewer clients

P

P

P

P

P

 

Adult day care – 7 to 14 clients

UP

UP

UP

UP

UP

 

Adult day care – 15 or more clients

UP

UP

UP

UP

UP

 

Child day care – Small family day care home

P

P

P

P

P

 

Child day care – Large family day care home

P

P

P

17.42.060

Child day care – Day care center

UP

UP

17.42.060

Kennel, animal boarding

UP

 

Lodging – Bed and breakfast inn (B&B)

UP

UP

17.42.050

Personal services – 1,000 sq. ft. or less

UP

UP

 

Public safety facilities

UP

UP

UP

UP

UP

 

Transportation, Communications and Infrastructure

Electric vehicle charging station(5)

P

P

P

P

P

P

P

14.38

Solar collector

S

S

S

S

S

S

S

17.30.084

Windmills

UP

17.42.190

 

Key to Zoning District Symbols

OSC

Open Space – Conservation

NL

Neighborhood – Low Density

OSR

Open Space – Recreation

NM

Neighborhood – Medium Density

RR

Rural Residential

NU

Neighborhood – Urban

RVL

Residential, Very Low Density

 

Notes:

(1)    See Article 9 of this title for land use definitions.

(2)    May be approved only in conjunction with an on-site vineyard of three acres or larger.

(3)    May be approved only on a site of three acres or larger.

(4)    Use permit approval shall require that the review authority first find that the location of a proposed single-family dwelling on a parcel that may be further subdivided will not preclude future subdivision and development in compliance with the general plan.

(5)    Permitted as an accessory use.

 

 

Table 2-2: Allowed Land Uses and Permit Requirements – Cannabis Uses 

 

RESIDENTIAL

LAND USE

MAXIMUM CULTIVATION AREA PER PARCEL (square feet of canopy or # of plants)

MINIMUM PARCEL SIZE

STATE LICENSE TYPE

Open Space

Conservation

Open Space

Recreation

Rural

Residential

Residential

Very Low

Neighborhood
Low

Neighborhood

Medium

Neighborhood

Urban

 

Med/AU

OSC

OSR

RR

RVL

NL

NM

NU

PERSONAL CANNABIS CULTIVATION; No Permit Required

 

 

 

 

 

 

 

Personal or Caregiver Cultivation (inside dwelling unit or accessory structure only)

6 plants/parcel

None

Exempt

P

P

P

P

P

COMMERCIAL CANNABIS USES, Commercial Cannabis Permit Required(1)

 

 

 

 

 

 

 

 

COMMERCIAL

 

LAND USE

MAXIMUM CULTIVATION AREA PER PARCEL (square feet of canopy or # of plants)

MINIMUM PARCEL SIZE

STATE LICENSE TYPE

East Cotati

Avenue

Corridor

Gravenstein

Highway

Corridor

Downtown

Commercial

Commercial/

Industrial

General

Industrial

Public

Facility

Specific Use
Regulations

 

Med/AU

CE

CG

CD

CI

IG

PF

 

PERSONAL CANNABIS CULTIVATION; No Permit Required

 

 

 

 

 

 

 

Personal or Caregiver Cultivation (inside dwelling unit or accessory structure only)

6 plants/parcel

None

Exempt

P(1, 2)

P(2)

P(2)

 

COMMERCIAL CANNABIS USES, Commercial Cannabis Permit Required(3)

 

 

 

 

 

 

 

Outdoor Cultivation

Specialty

5,000 sf or 50 plants

None

1/1

 

Small

5,001 – 10,000 sf

None

2/2

 

Medium

10,001 – 43,560 sf

None

3/3

 

Large

43,561 sf or larger

None

5/5

 

Nursery

20,000 sf

None

4/4

 

Indoor Cultivation(4)

Specialty

501 – 5,000 sf

 

1A/1A

 

Small

5,001 – 10,000 sf

 

2A/2A

S

S

S

17.42.200

Medium

10,001 – 22,000 sf

 

3A/3A

S

S

S

17.42.200

Large

22,001 or larger

 

5A/5A

 

Mixed Light Cultivation

Specialty Cottage

2,500 sf

 

1C/1C

 

Specialty

2,501 – 5,000 sf

 

1B/1B

 

Small

5,001 – 10,000 sf

 

2B/2B

 

Medium

10,001 – 22,000 sf

 

3B/3B

 

Large

22,001 or larger

 

5B/5B

 

MANUFACTURING(5)

 

 

 

 

 

 

 

Manufacturer 1: Non-Volatile/No Solvents

N/A

 

6/6

S

S

S

17.42.200

Manufacturer 2: Volatile Solvents

N/A

 

7/7

S

S

S

17.42.200

TESTING

 

 

 

 

 

 

 

Testing Laboratories

 

 

8/8

P

P

P

P

 

RETAIL (w/delivery)

 

 

 

 

 

 

 

Nonstorefront Retailer (delivery only)

 

 

9/9

S

S

S

17.42.200

Storefront Retailer

 

 

10/10

S

17.42.200

DISTRIBUTOR

 

 

 

 

 

 

 

Distributor(6)

 

 

11/11

S

S

S

S

17.42.200

MICROBUSINESS (with delivery and/or cannabis consumption cafe/lounge)

 

 

 

 

 

 

 

Microbusiness

 

 

12/12

S

17.42.200

NOTES:

“–” Use Not Allowed

“P” Permitted Use

“S” Check specific use regulations, as noted.

“UP” Use permit required.

“sf” means square feet.

“AU” means adult or recreational use.

(1)    Commercial cannabis uses are not allowed in any residential zones..

(2)    Allowed only in residential use portions of mixed-use development.

(3)    Commercial cannabis uses are not allowed within the Downtown Specific Plan or Santero Way Specific Plan areas.

(4)    Nursery use is allowed as part of any city-issued indoor cultivation cannabis permit. “Specialty cottage” cultivation is not permitted.

(5)    Each manufacturing use type can perform related subtypes for infusion of products and/or packaging and labeling. Shared use facilities are not permitted. “Processor” activities are considered part of cultivation, manufacturing, or distribution permit approvals, and subject to the applicable cannabis business tax, as determined by the city.

(6)    Includes transport-only distributor.

 

Table 2-3

Allowed Land Uses and Permit Requirements for Mixed Use Corridors and Districts 

 

P

Permitted Use, Zoning Clearance required

 

MUP

Minor Use Permit

 

UP

Use Permit required

 

S

Permit requirement set by Specific Use Regulations

 

Use not allowed

Land Use(1)

Permit Required by District

 

CE

CG

CD

CI

IG

PF

Specific Use Regulations

Industry, Manufacturing and Processing, Wholesaling

Agricultural product processing

P

 

Artisan/craft product manufacturing

MUP

MUP

MUP

P

P

See Note 5 Below

Brewery – Brew pub

MUP

MUP

MUP

 

Brewery – Production

UP

UP

 

Construction contractor

UP

 

Food and beverage product manufacturing

MUP

MUP

 

Furniture and fixtures manufacturing, cabinet shop

P

P

 

Industrial research and development

MUP

P

MUP

 

Laboratory – Medical, analytical, research and development

P

P

P

MUP

 

Laundry, dry cleaning plant

UP

 

Manufacturing/processing – Light

MUP

P

 

Manufacturing/processing – Medium intensity

MUP

MUP

 

Manufacturing/processing – Heavy

UP

 

Media production

P

P

P

P

 

Printing and publishing

UP

UP

P

P

 

Recycling – Reverse vending machine

MUP

MUP

 

Recycling – Small collection facility

UP

UP

UP

P

17.42.150

Recycling – Medium collection facility

UP

UP

17.42.150

Storage – Outdoor

UP

UP

17.42.140

Storage – Personal storage facility (mini-storage)

 

Storage – Warehouse, indoor storage

UP

 

Wholesaling and distribution

UP

UP

 

Winery – Boutique

UP

MUP

MUP

 

Winery – Production

MUP

MUP

 

Recreation, Education and Public Assembly Uses

Adult-oriented business

S

17.40

Commercial recreation facility – Indoor – 5,000 sq. ft. or less

UP

P

P

 

Commercial recreation facility – Indoor – More than 5,000 sq. ft.

UP

MUP

UP

 

Commercial recreation facility – Outdoor

UP

 

Conference/convention facility – 5,000 sq. ft. or less

UP

MUP

UP(2)

MUP

UP

 

Conference/convention facility – More than 5,000 sq. ft.

UP

UP

UP(2)

UP

UP

 

Health/fitness facility

UP

P

UP(2)

P

UP

 

Library, museum

P

P

MUP

P

P

 

Meeting facility, public or private – 5,000 sq. ft. or less

UP

MUP

MUP(2)

MUP

MUP

 

Meeting facility, public or private – More than 5,000 sq. ft.

UP

UP

UP(2)

UP

UP

 

Park

P

P

P

P

 

School – Elementary, middle, secondary

UP(2)

UP(2)

UP

 

School – Specialized education/training

UP(2)

UP(2)

UP(2)

UP

UP

 

Sports and entertainment assembly

UP

UP

 

Studio – Art, dance, martial arts, music, etc.

P

P

MUP(2)

P

UP

 

Theater

UP

MUP

MUP

MUP

UP

 

Residential Uses

Accessory dwelling unit

P

P

P

17.42.170

Emergency/transitional shelter

S

S

17.42.072

Home occupation

P

P

P

17.42.080

Live/work unit

UP

UP

UP

UP

17.42.090

Residential care facility for the elderly (RCFE)

UP

MUP

UP

 

Residential care facility, 7 or more clients

UP

UP

 

Residential component of a mixed use project

P

P

P

17.42.100

Retail Trade(3)

Accessory retail or services

P

P

P

P

P

P

 

Alcoholic beverage sales – Associated with a restaurant(4)

P

P

P

P

UP

17.42.030

Alcoholic beverage sales

UP

UP

UP

17.42.030

Antique or collectible store

MUP

P

MUP

 

Artisan shop

P

P

P

P

 

Auto and vehicle sales and rental

UP

MUP

UP

 

Auto parts sales with no installation services

P

P

 

Bar, tavern

UP

UP

UP

 

Building and landscape materials sales – Indoor

P

P

P

 

Building and landscape materials sales – Outdoor

UP

MUP

17.42.130

Construction and heavy equipment sales and rental

MUP

MUP

17.42.130

Convenience store

UP

UP

UP

 

Drive-through retail

UP

UP

17.42.070

Extended hour retail

UP

MUP

MUP

MUP

 

Farm supply and feed store

P

P

 

Farmers market

MUP

MUP

MUP

MUP

UP

UP

 

Formula-based fast food restaurant

S

S

S

17.42.071

Fuel dealer (propane for home and farm use, etc.)

UP

UP

 

Furniture, furnishings and appliance store

P

P

UP

P

UP

 

General retail – Less than 5,000 sq. ft.

P

P

P

P

 

General retail – 5,000 sq. ft. to 20,000 sq. ft.

P

P

P

P

 

General retail – More than 20,000 sq. ft.

UP

P

UP

P

 

Groceries, specialty foods – 10,000 sq. ft. or less

P

P

P

P

 

Groceries, specialty foods – More than 10,000 sq. ft.

UP

MUP

UP

MUP

 

Mobilehome, boat, or RV sales

MUP

 

Night club

UP

UP

UP

 

Outdoor display and sales

MUP

MUP

MUP

MUP

17.42.130

Plant nursery

MUP

MUP

MUP

 

Restaurant – Outdoor dining(6)

P/
MUP

P/
MUP

P/
MUP

P/
MUP

17.42.130(E)

Restaurant, cafe, coffee shop

P

P

P

P

UP

 

Retail complex

UP

P

UP

P

 

Retail display gallery

P

P

17.90.020

Second hand store

UP

UP

UP

 

Service station (nonfossil fuels sales)

UP

UP

UP

17.42.180

Tasting room

UP

P

P

P

 

Warehouse retail

MUP

UP

 

Services – Business, Financial, Professional

ATM

P

P

P

P

 

Bank, financial services

P

P

UP

P

 

Business support service

P

P

P(2)

UP

 

Medical services – Doctor office

UP

P(2)

P(2)

 

Medical services – Clinic, urgent care

UP

 

Office – Accessory

P

P

P

P

P

P

 

Office – Business/service

UP

UP(2)

P(2)

P

 

Office – Government

MUP

MUP

MUP

MUP

MUP

MUP

 

Office – Processing

UP(2)

MUP

UP(2)

MUP

 

Office – Professional/

administrative

P

P

P(2)

P

 

Services – General

Accessory retail or services

P

P

P

P

P

P

17.42.015

Adult day care

UP

UP

 

Catering service

P

P

 

Child day care center

MUP

P

MUP

MUP

UP

 

Drive-through service

UP

17.42.070

Equipment rental

MUP

UP

17.42.140

Kennel, animal boarding

MUP

MUP

UP

 

Lodging – Bed and breakfast inn (B&B)

P

P

MUP

 

Lodging – Boutique hotel or motel

UP

UP

UP

 

Lodging – Hotel or motel

UP

UP

UP

 

Maintenance service – Client site services

P

P

 

Mortuary, funeral home

UP

 

Personal services

P

P

P

P

 

Personal services – Restricted

UP(2)

 

Public safety facility

UP

UP

UP

UP

UP

P

 

Repair service – Equipment, large appliances, etc.

P

P

 

Social service organization

MUP(2)

MUP(2)

MUP

UP

 

Vehicle services – Major repair/body work

UP

MUP

 

Vehicle services – Minor maintenance/repair

UP

UP

 

Veterinary clinic, animal hospital

MUP

P

P

MUP

 

Transportation, Communications and Infrastructure

Ambulance, taxi, or limousine storage

UP

 

Broadcasting studio

UP(2)

UP(2)

MUP

 

Electric vehicle charging station(7)

P

P

P

P

P

P

14.38

Parking facility, public or commercial

UP

UP

UP

P

 

Telecommunications facility

S

S

S

17.44

Transit station or terminal

UP

UP

UP

UP

UP

 

Utility facility

UP

UP

UP

 

Vehicle storage

UP

 

Key to Zoning District Symbols

CE

East Cotati Avenue Corridor

CI

Commercial/Industrial District

CG

Gravenstein Highway Corridor

IG

General Industrial District

CD

Downtown Commercial

PF

Public Facility District

Notes:

(1)    See Article 9 for land use definitions.

(2)    Use allowed only on second or upper floors, in compliance with Section 17.24.050(C), Limitation on the Location of Allowable Land Uses, or behind an allowed ground floor street frontage use.

(3)    See Section 17.42.165, Retail use maximum floor area.

(4)    When the Department of Alcoholic Beverage Control allows customers under twenty-one years of age on the premises.

(5)    Artisan/craft product manufacturing uses proposed in the CE, CG, CD, HC, LP, NG, and CA districts must be located within buildings and suites designed and oriented to engage and encourage pedestrian activity and interaction with the surrounding uses. Uses in these districts must also include retail storefront presence and design characteristics, with production and manufacturing design elements (such as loading doors, material storage, etc.) oriented away from the primary entrances and street frontages of developments where they are located.

(6)    MUP required for outdoor dining on private property in the CD district when the dining use abuts a residential land use.

(7)    Permitted as an accessory use.

 

Table 2-4

Allowed Land Uses and Permit Requirements for Downtown Specific Plan Districts 

 

P

Permitted Use, Zoning Clearance required

 

MUP

Minor Use Permit required

 

UP

Use Permit required

 

S

Permit requirement set by Specific Use Regulations

 

Use not allowed

LAND USE(1)

PERMIT REQUIRED BY DISTRICT

Specific Use Regulations

HC

LP

NG

CA

RECREATION, EDUCATION & PUBLIC ASSEMBLY USES

Commercial recreation facility – Indoor

MUP

MUP

MUP

 

Conference/convention facility

UP(2)

UP

 

Health/fitness facility

UP(2)

P

P

 

Library, museum

P

P

P

 

Meeting facility, public or private

UP

UP(2)

UP

 

Park, Playground

P

P

P

P

 

School – Specialized education/training

UP

UP

UP

 

Studio – Art, dance, martial arts, music, etc.

P

P

P

P

 

Theater (cinemas or performing arts)

MUP

P

P

 

RESIDENTIAL USES

Accessory dwelling unit

P

P

P

P

17.42.170

Emergency/transitional shelter

S

S

S

S

17.42.072

Home occupation

P

P

P

P

17.42.080

Live/work unit

P

P

P

P

17.42.090

Residential component of a mixed use project

P

P

P

P

17.42.100

Residential care facility for the elderly (RCFE)

UP

UP

UP

 

Residential care facility, 7 or more clients

UP

 

TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE

Broadcasting studio

UP(2)

UP(2)

 

Electric vehicle charging station(7)

P

P

P

P

14.38

Parking facility

UP

UP

UP(2)

UP

 

Transit station or terminal

P

P

P

P

 

RETAIL TRADE

Accessory retail or services

P

P

P

P

 

Alcoholic beverage sales – associated with a restaurant(4)

P

P

P

P

17.42.030

Alcoholic beverage sales – off-sale

UP

UP

UP

UP

17.42.030

Antique or collectible store

P

P

P

P

 

Artisan/craft product manufacturing

MUP

MUP

MUP

MUP

See Note (5) below

Artisan shop

P

P

P

P

 

Auto parts sales with no installation services

P

 

Bar, tavern

UP

UP

UP

UP

17.42.030

Brewery – Brew pub

MUP

MUP

MUP

MUP

 

Convenience store

UP

UP

 

Extended hour retail

UP

MUP

P

P

 

Furniture, furnishings and appliance store

UP

MUP

MUP

 

General retail – Less than 5,000 sf

P

P

P

P

 

General retail – 5,000 sf to 20,000 sf

P

P

P

 

General retail – More than 20,000 sf (Max. 43,000 sf)

MUP

MUP

 

Groceries, specialty foods – 10,000 sf or less

P

P

P

P

 

Groceries, specialty foods – More than 10,000 sf

P

UP

 

Night club

UP

UP

UP

 

Outdoor display and sales

MUP

MUP

MUP

MUP

17.42.130

Restaurant – Outdoor dining on private property(6)

P/MUP

P/MUP

P/MUP

P/MUP

17.42.130

Restaurant – Outdoor dining in public right-of-way

P

P

P

P

17.42.130

Restaurant, cafe, coffee shop

P

P

P

P

 

Retail complex

UP

UP

 

Retail display gallery

P

P

P

P

17.90.020

Second hand store

UP

 

Service station (nonfossil fuels sales)

UP

17.42.180

Tasting room

P

P

P

P

 

SERVICES – BUSINESS, FINANCIAL, PROFESSIONAL

ATM

P

P

P

P

 

Bank, financial services

P

P

P

P

 

Business support service

P(2)

P(2)

P(2)

P

 

Medical services – Doctor office

P

P

P

P

 

Medical services – Clinic, urgent care

P

 

Office – Accessory

P

P

P

P

 

Office – Business/service

P(2)

P(2)

P(2)

P

 

Office – Government

UP

UP

UP

UP

 

Office – Processing

UP(2)

UP(2)

 

Office – Professional/administrative

P(2)

P

P(2)

P

 

Veterinary clinic, animal hospital

P

P

P

P

 

SERVICES – GENERAL

Accessory retail or services

P

P

P

P

17.42.015

Adult day care

UP(2)

UP(2)

UP(2)

UP

 

Child day care center

UP

UP

P

UP

 

Lodging – Bed & breakfast inn (B&B)

P

P

P

UP

 

Lodging – Boutique hotel and motel

UP

UP

P

P

 

Lodging – Hotel

UP(2)

UP(2)

P

P

 

Personal services

P

P

P

P

 

Public safety facility

 

Social service organization

UP(2)

UP(2)

UP

 

Vehicle services – Minor maintenance/repair

UP

 

Key to Zoning District Symbols

HC

Historic Core

NG

Northern Gateway

LP

La Plaza

CA

Commerce Avenue

Notes:

(1)    See Article 9 for land use definitions.

(2)    Use allowed only on second or upper floors, in compliance with Section 17.24.050(C) (Limitation on the Location of Allowable Land Uses), or behind an allowed ground floor street frontage use.

(3)    Where allowed by the downtown specific plan’s regulating plan.

(4)    When the Department of Alcoholic Beverage Control allows customers under twenty-one years of age on the premises.

(5)    Artisan/craft product manufacturing uses proposed in the CE, CG, CD, HC, LP, NG, and CA districts must be located within buildings and suites designed and oriented to engage and encourage pedestrian activity and interaction with the surrounding uses. Uses in these districts must also include retail storefront presence and design characteristics, with production and manufacturing design elements (such as loading doors, material storage, etc.) oriented away from the primary entrances and street frontages of developments where they are located.

(6)    MUP required for outdoor dining on private property in the CD district when the dining use abuts a residential land use.

(7)    Permitted as an accessory use.

(Ord. 910 § 3, 2022; Ord. 908 § 5 (Exh. 1 § 7), 2022; Ord. 906 § 6, 2021; Ord. 902 § 6, 2021; Ord. 895 § 2(A) Exh. 2 (part), 2020: Ord. 893 § 5, 2020; Ord. 888 § 1, 2019; Ord. 883 § 6 (Att. A), 2018; Ord. 823 § 2(C) Exh. C (part), 2009; Ord. 812 § 1, 2008; Ord. 801 § 1, 2007; Ord. 787 § 2, 2007; Ord. 766 § 2 Exh. A (part), 2004).

17.22.030 Exemptions from planning permit requirements.

The planning permit requirements of Section 17.22.020 do not apply to the land uses, structures, and activities identified by this section. These are allowed in all zoning districts subject to compliance with this section.

A. General Requirements for Exemption. The land uses, structures, and activities identified by subsection B of this section are exempt from the planning permit requirements of this land use code only when:

1. The use, activity or structure is established and operated in compliance with the setback requirements, height limits, and all other applicable standards of this article, Article 3, (Site Planning, Design, and Operational Standards), and, where applicable, Chapter 17.82 (Nonconforming Uses, Structures, and Parcels) of this title; and

2. Any permit or approval required by regulations other than this land use code is obtained (for example, a building permit).

B. Exempt Activities and Land Uses. The following are exempt from the planning permit requirements of this land use code when in compliance with subsection A of this section.

1. Decks, Paths and Driveways. Decks, platforms, on-site paths, and driveways that are not required to have a building permit or grading permit. (Otherwise exempt paved surfaces will still be counted as part of allowable site coverage.)

2. Fences and Walls. See Section 17.30.030 (Fences, walls, and screening) of this title.

3. Interior Remodeling. Interior alterations that do not increase the gross floor area of the structure, change the permitted use of the structure, or include any change to an exterior feature of the structure.

4. Repair and Maintenance.

a. Single-Family Dwellings. Ordinary nonstructural repairs to, and maintenance of, single-family dwellings.

b. Multifamily Housing, and Nonresidential Structures. Ordinary nonstructural repairs to, and maintenance of multifamily residential and nonresidential structures, if:

i. The work does not change the approved land use of the site or structure, or add to, enlarge or expand the land use and/or structure; and

ii. Any exterior repairs employ the same materials and design as the original construction.

5. Small, Portable Residential Accessory Structures. A single portable structure of one hundred twenty square feet or less per lot or unit, including premanufactured storage sheds and other small structures in residential zoning districts that are exempt from building permit requirements in compliance with the municipal code and the Uniform Building Code. Additional structures may be approved in compliance with Section 17.42.160 (Residential accessory uses and structures) of this title, where allowed by the applicable zoning district.

6. Spas, Hot Tubs, and Fish Ponds. Portable spas, hot tubs, and constructed fish ponds, and similar equipment and structures that do not: exceed one hundred twenty square feet in total area including related equipment; contain more than two thousand gallons of water; or exceed three feet in depth. (Ord. 766 § 2 Exh. A (part), 2004).