(A) No circus, carnival, amusement park, open air theater, race track, private recreation center, or similar establishment shall be established in any zone unless and until a use permit is first secured for the establishment, maintenance, and operation of such use.
(B) No dance hall, road house, nightclub, commercial club, or establishment where liquor is served or sold for consumption on or off the premises, or commercial place of amusement or recreation, or any such place or any other place where entertainers are provided, whether as social companions or otherwise, shall be established in any zone where such uses may be otherwise allowed unless a use permit shall first have been secured for the establishment, maintenance, and operation of such use.
(C) Accessory uses and buildings in any C or I zone may be permitted where such uses or buildings are incidental to, and do not alter the character of, the premises in respect to their use for purposes permitted in the zone. Such accessory buildings shall be allowed only when constructed concurrent with or subsequent to the main building.
(D) Public or private parking lots for automobiles may be permitted in any R zone adjacent to any C or I zone provided a use permit shall first be obtained in each case.
(E) Churches, schools, hospitals, parks, playgrounds, and public utility and public and quasi-public buildings, except cemeteries and their appurtenant uses, may be permitted in any R zone provided a use permit shall first be obtained in each case.
(F) The removal of minerals, earth, and other natural materials may be permitted in any zone provided a use permit shall first be obtained in each case.
(G) The provisions of this chapter shall not be construed to limit or interfere with the installation, maintenance, and operation of public utility pipelines and electric or telephone transmission lines or railroads when located in accordance with the applicable rules and regulations of the Public Utilities Commission of the state within rights-of-way, easements, franchises, or ownerships of such public utilities.
(H) Home occupations shall be permitted in all R zones subject to the determination by the Commission of what activities are within the definition of home occupations as set forth in § 10-3.201 of this chapter. The determination of the Commission of what conduct may be allowed under the definition of home occupation shall be set forth in a resolution of the Commission on file in the office of the Planning Director. In the event of a dispute regarding the issue of whether or not the use of any property is or is not a home occupation, the Planning Director shall set the matter for hearing by the Commission, and the Commission's determination of such issue shall be final and conclusive. In conjunction with any such hearing, the Commission may attach such conditions to the use of the property which may be necessary to insure that the limitations set forth in this chapter and any resolutions adopted by the Commission concerning the conduct of home occupations are met. All home occupations shall be registered with the Planning Director.
(I) Recycling facilities.
(1) Recycling facilities as hereinafter described are permitted as set forth in this section. Recycling facilities are either collection facilities or processing facilities. A
COLLECTION FACILITY shall not complete any processing except limited bailing, batching, and the sorting of materials and shall be classified as either SMALL, which occupies an area of not more than 100 square feet and includes bins, boxes, cans, kiosk-type units, bulk reverse vending machines, and/or other containers or receptacles, or LARGE, which occupies an area of more than 100 square feet and includes bins, boxes, cans, kiosktype units, bulk reverse vending machines, and/or other containers or receptacles. Any and all motorized vehicles and trailers except those used to transfer recyclable materials to a collection or processing facility are deemed to be large collection facilities. A processing facility is a building or space used for the collection and processing of recyclable materials and processed by such means as flattening, sorting, settling, compacting, bailing, shredding, grinding, and crushing. Recyclable materials are reusable material including aluminum, glass, plastic, paper, and used motor oil.
(2) Recycling facilities are permitted as follows:
(a) A small collection facility may be permitted in any C, I, IP, or RCO zone and in an R zone when the site is the location of an appropriate non-profit agency. In each case, approval must first be secured from the Planning Director.
(b) A large collection facility may be permitted in any zone after first securing a use permit.
(c) A processing facility may be permitted in a C-2, I, or IP use zone after first securing a use permit.
(3) Applications for recycling facilities shall be evaluated for propriety of location and consideration shall be given to the need for facility screening, landscaping, circulation/parking, noise, odor, and sanitation control to assure compatibility with surrounding land uses.
(J) Cardrooms.
(1) Cardrooms as hereinafter described and regulated are permitted as set forth in this section. A cardroom is any room open to the public for the lawful playing of cards, regardless of whether the tables, chairs and other furniture and fixtures are temporary or permanent or at times used for other purposes.
(a) It is the stated purpose of this division (J) to regulate cardrooms in the city concurrently with the state, and to impose local controls and regulations upon cardrooms as permitted in the "Gambling Control Act".
(b) Cardrooms, subject to the licensing requirements and limitation in number cited at § 6-140 of this code are permitted in any C-1, C-2, CH, or I zone except as otherwise prohibited. In each case, a Use Permit must be approved by the Planning Commission. Application for a Use Permit shall be made in accordance with §§ 10-3.1301 et seq. of this code.
(c) Applications for establishment of cardrooms shall be evaluated for propriety of location and consideration shall be given to the need for landscaping, circulation/parking, noise, intrusive lighting and health and safety considerations to ensure compatibility with surrounding land uses.
(d) The exterior wall structure of each business or premises lawfully occupied by a cardroom shall be located not less than:
1. 1,000 feet from the exterior property limits of any public or private elementary school, junior high school or high school; and
2. 1,000 feet from the exterior property limits of any church or place of worship; and
3. 1,000 feet from the exterior property limits of any zoning district where residential use is the principal permitted use; and
4. 1,000 feet from the exterior wall structure of each business or premises lawfully occupied by another cardroom, a massage establishment, adult entertainment establishment, or any other adult oriented business establishment.
5. All distances referred to in division (J)(1)(d) of this section shall be measured in a straight line without regard to intervening structures, from the closest exterior structural wall of the cardroom. Said distance standards shall be applied regardless of jurisdictional boundaries.
(e) Exempt organizations.
1. Exempt organizations may provide card tables and card games for the exclusive use of their members and shall be exempted from obtaining a cardroom license pursuant to this section, whether or not a fee or any other charge is made to the players, as long as the exempt organization is not required to register under the Gaming Registration Act, and providing that such exempt organization complies with all of the subsections of this section.
2. An authorized representative of the exempt organization shall file a Declaration of Exemption executed under penalty of perjury with the Chief of Police that sets forth the name and address of the exempt organization, the number of tables to be operated, and a declaration that the exempt organization and its members qualify for exemption from the Gaming Registration Act and from licensing hereunder; the Declaration of Exemption shall be accompanied by proof of the valid and unrevoked tax exempt status of the exempt organization granted by the Franchise Tax Board and/or the Internal Revenue Service. No registration fees shall be required.
3. No exempt organization shall operate, conduct, or carry on legal gaming as defined in this chapter more than one day of any calendar week.
4. No exempt organization shall operate, conduct, or carry on legal gaming as defined in § 6-140 of this code within any building, structure, lot, or premises within any calendar week, if any other exempt organization has conducted, carried on, or operated legal gaming within such building, structure, lot or premises during the same calendar week.
(K) Garage and yard sales.
(1) Purpose and intent. The purpose of this subsection is to establish land use standards that will protect the character of single-family residential neighborhoods in order to preserve public safety and welfare. The intent is to regulate those activities which in the most technical sense have business or commercial characteristics, but which, because of the manner in which they are conducted or the purposes for which they are being operated, are truly non-commercial in nature. These regulations are intended to prevent the expansion of such non-commercial operations into truly commercial operations and to regulate the method of conducting the activity so that it will be confined to a non-commercial type of operation. It is the purpose of this subsection to prevent such activities from unfairly competing with permitted revenue-producing commercial and business enterprises; to prevent the conduct of commercial enterprises upon other than commercially zoned property; and to curb the evasion of business permit fees and sales taxes.
(2) Definitions. For the purpose of this subsection, a
GARAGE SALE or YARD SALE is a sale conducted by an individual homeowner or occupant of a home, or apartment owner, occupant of an apartment unit, or owner or occupant of any other residential or dwelling unit. These sales are for the purpose of selling, trading, bargaining, exchanging or otherwise disposing of unwanted or surplus household furnishings or goods, or other tangible items. They are usually conducted in a garage, on a patio or porch, upon a driveway or in a yard, and are sales for which no inventory or permanent or detailed records are kept on the transactions thus carried out. They may at times be conducted by a combination of residential dwellers at a single location. All sales designated "lawn sale", "attic sale", "rummage sale ", "moving sale", "estate sale" or other terms of similar or like intent and having the foregoing characteristics and purposes are hereby declared GARAGE or YARD SALES for the purpose of regulation by this subsection.
(3) Time limits of sales. Sales events conducted at any residential dwelling unit, apartment complex, or residentially zoned property may only be held on the first Saturday and/or Sunday of each month. No event may be held for more than two consecutive days. The time limit for conducting the sale shall be between the hours of 8:00 a.m. and 4:00 p.m., including the time for set-up and takedown. The driveway, yard area, or other space used for the purposes of the sale shall be restored to its normal residential character at the conclusion of the sale.
(4) Limitations on items for sale. Goods offered for sale shall be the personal property of the person conducting the sale, as well as persons participating in the sale. All of the goods must be used or secondhand. Selling goods which have been acquired specifically for the purpose of resale is prohibited. The sale of the goods shall not violate any federal, state, or local laws.
(5) Display of property. Except where a special events or encroachment permit has been issued, the display of personal property offered for sale shall not be displayed on any public right-of- way, including, but not limited to, sidewalks, parkways, streets and/or alleys, or on any other residentially zoned property other than that owned or rented by the person conducting the sale.
(6) Sign displays. A sign no larger than six square feet in area may be displayed on the premises announcing the sale during the time period allowed for such events. No sign shall be displayed at any location outside of, or off the premises without the expressed written permission of the owner. Placing signs in the public right-of-way is prohibited. No sign shall be placed any earlier than 12:00 p.m. on the day before the sale starts and shall be removed by 4:00 p.m. on the termination day of the sale.
(7) Violation - penalty. Violations of any provisions of this subsection shall subject the violator to suit for civil remedy, criminal penalty, administrative enforcement, or any combination thereof. The criminal penalty for a first or second offense shall be punishable as an infraction. The criminal penalty for a third offense or more shall be punishable as a misdemeanor.
(8) Non-profit organizations shall be permitted to hold no more than two garage or yard sales on non-residential property within a 12 month period. Non-profits holding such garage or yard sales must obtain a permit from the Neighborhood Revitalization Department prior to holding the event.
(L) No treatment center, counseling center, psychiatric facility, or other clinic or business which primarily serves or treats sex offenders, including those persons who are required to register pursuant to Cal. Penal Code § 290, or any similar establishment shall be established in any zone unless and until a use permit is first secured for the establishment, maintenance, and operation of such use. Under no circumstances shall a permit issue or, any such facility shall be permitted to locate or operate within 2,000 feet of any public or private school or park, or any facility where children gather.
('61 Code, § 10-3.405) (Ord. 231 N.S., passed - - ; Am. Ord. 26 C.S., passed 4-16-62; Am. Ord. 80 C.S., passed 8-5-65; Am. Ord. 99 C.S., passed 10-6-66; Am. Ord. 149 C.S., passed 6-17-70; Am. Ord. 480 C.S., passed 8-19-87; Am. Ord. 652 C.S., passed 3-6-96; Am. Ord. 656 C.S., passed 6-5-96; Am. Ord. 657 C.S., passed 6-19-96; Am. Ord. 685 C.S., passed 6-3-98; Am. Ord. 766 C.S., passed 5-5-04; Am. Ord. 860 C.S., passed 7-1-09; Am. Ord. 880 C.S., passed 12-15-10)