Chapter 17.22 ALLOWABLE LAND USES

Chapter 17.22
ALLOWABLE LAND USES

Sections:

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
Land Use(1)	OSC	OSR	RR	RVL	NL	NM	NU	Specific Use Regulations
Agricultural and Open Space Uses
Agricultural accessory structure	UP	UP	P	P	–	–	–	17.42.020
Animal keeping	S	S	S	S	S	S	S	17.42.040
Crop production, horticulture, orchard, vineyard(5)	–	UP	UP	UP	–	–	–	17.42.240
Market garden	–	–	P	P	P	P	P	17.42.230, 17.42.240
Plant nursery	–	UP	UP	–	–	–	–
Winery, small scale	–	–	UP(2)	–	–	–	–
Industry, manufacturing and processing, wholesaling	–	–	–	–	–	–	–
Artisan/craft product manufacturing	–	UP	UP(3)	–	–	–	–
Recreation, Education and Public Assembly Uses
Community garden(5)	–	UP	P	P	P	P	P	17.42.220, 17.42.240
Equestrian facility	–	UP	UP	–	–	–	–
Meeting facility, public or private	–	MUP	–	–	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	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
Low barrier navigation center	–	–	–	–	–	–	–
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	–	–	–	–	–	P	P	17.42.120
Multifamily housing, 5 to 9 units	–	–	–	–	–	P	P	17.42.120
Multifamily housing, 10 or more units	–	–	–	–	–	–	P	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)
Supportive housing	–	–	–	–	–	P	P
Retail Trade
Accessory retail and services	–	–	–	–	UP	UP	UP
Convenience store, 1,200 sq. ft. or less	–	–	–	–	UP	UP	UP
Farmers market(5)	–	UP	–	–	–	–	–
Garden stand	–	–	P	P	P	P	P	17.42.130, 17.42.230
Produce stand(5)	–	UP	UP	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	–	UP	P	P	P	P	P
Child day care – Large family day care home	–	–	P	P	P	P	P	17.42.060
Child day care – Day care center	–	UP	–	–	–	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.

(6) Fees for crop production, horticulture, orchard, vineyard; community garden; farmers market; and produce stand planning permit applications shall be calculated at fifty percent of the fees set forth in the fee schedule as described in Section 17.60.060. Application fees. Use permit approval shall require that the review authority first find that the proposed use will be compatible with any nearby residential uses. Notices of public hearing for these uses shall be mailed to property owners within a radius from the subject site of six hundred feet, or greater at the director’s discretion.

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
Land Use(1)	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	MUP	MUP(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	P	UP	UP	–	17.42.090
Low barrier navigation center	P	P	–	–	–	–
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
Supportive housing	P	P	–	–	–	–
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(8)	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	–	–	–	UP	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.

(8) Fees for farmers market planning permit applications shall be calculated at fifty percent of the fees set forth in the fee schedule as described in Section 17.60.060, Application fees. Use permit approval shall require that the review authority first find that the proposed use will be compatible with any nearby residential uses. Notices of public hearings shall be mailed to property owners within a radius from the subject site of six hundred feet, or greater at the director’s discretion.

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
Land Use(1)	HC	LP	NG	CA	Specific Use Regulations
Recreation, Education and 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	–	MUP	MUP(2)	MUP
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
Residential Multifamily Project	S	S	S	S	17.28.050
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
Low barrier navigation center	P	P	P	P
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	–	–
Supportive housing	P	P	P	P
Transportation, Communications and 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
Retail tobacco store	–	–	–	–
Second hand store	UP	–	–	–
Service station (non-fossil-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

(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. 918 § 6, 2023; Ord. 917 § 4 (Exh. 1), 2022; Ord. 915 § 5, 2022; 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).