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An adult entertainment business is a permitted use in this zone, subject to compliance with the locational standards set forth below; and subject further to compliance with the permitting requirements, development, and operational standards and other requirements set forth in chapter 5.06.
A. Locational requirements. No permit shall be issued or approved for an adult-entertainment business unless the proposed location satisfies all of the following locational requirements:
1. No adult-entertainment business shall be established or located within 1,000 feet, measured from the nearest property lines of each such use, of any other adult-entertainment business or an adult-related establishment.
2. No adult-entertainment business shall be established or located within 1,000 feet, measured from the nearest property lines of each of the affected parcels, of any existing agricultural zone, residential zone, or residential use.
3. No adult-entertainment business shall be established or located within 1,000 feet, measured from the nearest property lines of each parcel containing such use, of any existing park; church or faith congregation; school, K-12; childcare center; gymnasium for children; roller skating rink; or ice skating rink.
B. Relevant date for determining compliance with locational requirements. For purposes of determining whether the locational requirements set forth above are met, the following rules apply:
1. For purposes of the locational requirements, the relevant date is the date of the filing of a completed application under chapter 5.06, and except as provided in paragraph 2 of this subsection below, only those uses lawfully established at the time of the filing of a completed application under chapter 5.06 shall be considered for purposes of determining whether the locational requirements are met.
2. For further purposes of the locational requirements, a location for which a completed application for an adult-entertainment business permit has been filed pursuant to chapter 5.06 shall be considered to be the site of an established adult-entertainment business from the date that the completed application is filed until the application is approved or denied. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
A conditional use permit is required to establish an adult-related establishment in this zone. This requirement shall be in addition to compliance with the permitting requirements, development, and operational standards and other requirements set forth in chapter 5.04.
A. Locational requirements. In addition to the other requirements for approval of a conditional use permit, no conditional use permit shall be issued or approved for an adult-related establishment unless the proposed location satisfies all of the following locational requirements:
1. No adult-related establishment shall be established or located within 1,000 feet, measured from the nearest property lines of each such use, of any other adult-entertainment business or an adult-related establishment.
2. No adult-related establishment shall be established or located within 1,000 feet, measured from the nearest property lines of each of the affected parcels, of any existing agricultural or residential zone or residential use.
3. No adult-related establishment shall be established or located within 1,000 feet, measured from the nearest property lines of each parcel containing such use, of any park; church or faith congregation; school, K-12; childcare center; gymnasium for children; roller skating rink; or ice skating rink.
B. Relevant date for determining compliance with locational requirements. For purposes of determining whether the locational requirements set forth above are met, the following rules apply:
1. For purposes of the locational requirements, the relevant date is the date that the application for a conditional use permit is determined or deemed to be complete, and only those uses lawfully established as of the date that the application is determined or deemed to be complete shall be considered for purposes of determining whether the locational requirements are met.
2. For further purposes of the locational requirements, a location for which a completed application for an adult entertainment business permit has been filed under chapter 5.06 or a location for which a completed application for a conditional use permit for an adult-related establishment has been filed shall be considered to be the site of an established adult-entertainment business or an established adult-related establishment from the date that the completed application is filed until the application is approved, withdrawn or denied. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
A. Bed and breakfast inn in RE, R-1, R-1A, R-1B, and R-2 zones. A zoning administrator's conditional use permit is required to establish a bed and breakfast inn in these zones. The property owner or a manager shall reside on site, unless the bed and breakfast inn is a short-term rental under subsections B and C below, in which case the property owner or a manager is not required to reside onsite. The bed and breakfast inn shall not have more than seven guest rooms. Conferences, weddings, fund raisers, and similar gatherings of non-lodgers are prohibited.
B. Bed and breakfast inn in R-2A, R-2B, R-3, and R-3A zones. A zoning administrator's conditional use permit is required to establish a bed and breakfast inn in these zones. The bed and breakfast inn shall not have more than 14 guest rooms. In these zones, the zoning administrator's conditional use permit may allow facilities for conferences, weddings, fund raisers, and other similar gatherings and functions attended by non-lodgers as a part of the bed and breakfast inn use, and may include conditions restricting type, frequency, and timing of events, and other limits on operations as the decision-maker determines necessary to issue the conditional use permit. Except as expressly authorized in the conditional use permit, gatherings and functions attended by non-lodgers are prohibited.
C. Notwithstanding subsections A and B of this section, a short-term rental, as defined in subsection D, is a permitted use of a dwelling unit and a zoning administrator's conditional use permit is not required for that use. A short-term rental must comply with the requirements in chapter 5.114. The provisions of chapter 17.228 (Home Occupations) do not apply to short-term rentals.
D. For purposes of this section, a "short-term rental" means a bed and breakfast inn that is limited as follows:
1. Lodging is provided for no more than six persons at any time; and
2. If the dwelling unit is not the primary residence of the permittee, lodging is provided for no more than an aggregate of 90 days during the term of the short-term rental permit required under chapter 5.114. "Primary residence of the permitee" means the dwelling unit in which the person issued the short-term rental permit, established in chapter 5.114, resides for at least 184 days during a calendar year.
E. Except as specifically stated, nothing in this section exempts the operation of a bed and breakfast inn or short-term rental from the requirements of any other provision of this code, including chapter 3.08 (Business Operations Tax) and chapter 3.28 (Uniform Transient Occupancy Tax). (Ord. 2024-0051 § 15; Ord. 2020-0025 § 21; Ord. 2016-0003 § 6; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
A. Purpose and options. The purpose of this section is to set forth the regulations governing the creation of accessory dwelling units and junior accessory dwelling units. An applicant may choose to proceed under subsection B, which sets forth the city's local development options, consistent with California Government Code sections 66310 through 66403. Or the applicant may choose to proceed under subsection C below, which sets forth an alternative development option, consistent with California Government Code section 66323. The two options may not be combined.
B. City's local development option.
1. Generally.
a. A lot developed with a single-unit dwelling may have a maximum of two accessory dwelling units, one accessory dwelling unit and one junior accessory dwelling unit, or two junior accessory dwelling units. A lot developed with a duplex or multi-unit dwelling may have a maximum of two accessory dwelling units.
b. Accessory dwelling units and junior accessory dwelling units shall not be included in the calculation of density of the lot on which the dwelling units are located. Accessory dwelling units and junior accessory dwelling units are residential uses that are consistent with the general plan and zoning designation for the lot on which the dwelling units are located.
c. An accessory dwelling unit or junior accessory dwelling unit that is approved under this subsection B may be rented for a term less than 30 days in accordance with section 17.228.104.C.
2. Accessory dwelling units.
a. General requirements.
i. The lot on which an accessory dwelling unit is located must be improved with a single-unit, duplex, or multi-unit dwelling before or at the same time as the construction of the accessory dwelling unit.
ii. An accessory dwelling unit may not be sold or otherwise conveyed separately from the primary residence, except as provided in California Government Code section 66341.
iii. No passageway is required in conjunction with the construction of an accessory dwelling unit.
b. Maximum area.
i. Calculation. The calculation of floor area for an accessory dwelling unit includes all floor area within the accessory dwelling unit building envelope, excluding garages and accessory structures.
ii. Attached accessory dwelling units. The total floor area for each attached accessory dwelling unit on a lot shall not exceed the greater of the following:
1. 50% of the existing floor area of the primary dwelling; or
2. 850 square feet if the accessory dwelling unit has one bedroom or less, or 1,000 square feet if the accessory dwelling unit has more than one bedroom.
iii. Detached accessory dwelling units. The floor area of one detached accessory dwelling unit may not exceed 1,200 square feet. In the case of two detached accessory dwelling units on one lot, the combined floor area of both detached accessory dwelling units may not exceed 1,200 square feet.
c. Development standards.
i. The minimum distance between the primary dwelling and a detached accessory dwelling unit is 4 feet. The minimum distance between two detached accessory dwelling units is 4 feet. A detached accessory dwelling unit may be attached to another detached accessory dwelling unit.
ii. Height, lot coverage, and open space.
1. General rule. Except as provided below, the height, lot coverage, and minimum open-space requirements applicable to the lot on which the accessory dwelling unit is located apply to the accessory dwelling unit.
2. Exception. Accessory dwelling units that occupy less than 800 square feet total in lot coverage are exempt from maximum lot coverage and minimum open-space requirements.
iii. Setbacks. All accessory dwelling units must comply with the street side-yard setbacks applicable to the lot on which the accessory dwelling unit is located. The other setback requirements are as follows:
1. If any portion of an accessory dwelling unit is within 60 feet of the front property line, the accessory dwelling unit must comply with the front-yard setback requirements applicable to the lot on which the accessory dwelling unit is located and maintain minimum interior side-yard and rear-yard setbacks as required by the zoning designation for the primary dwelling or 3 feet each, whichever is less.
2. For an accessory dwelling unit that is further than 60 feet from the front property line, the unit must comply with the following:
a. First floor. No setback is required for a single-story accessory dwelling unit or the first floor of a multistory accessory dwelling unit.
b. Second floor and above. The second floor and above of a multistory accessory dwelling unit must have minimum interior side-yard and rear-yard setbacks as required by the zoning designation for the primary dwelling or 3 feet each, whichever is less.
3. Notwithstanding subsections B.2.c.iii.(1) and B.2.c.iii.(2) above—
a. No setback is required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit.
b. An accessory dwelling unit may not project into the required setback from the landside toe of a levee.
4. One accessory dwelling unit that does not exceed 800 square feet and complies with all the standards set forth in this subsection B may be constructed within the front-yard setback if:
a. The lot area in the rear and side yards does not permit the construction of a detached accessory dwelling unit that is two stories in height and at least 800 square feet; and
b. The lot area in the rear and side yards does not permit the construction of an attached accessory dwelling unit that is at least 800 square feet.
iv. The design of the accessory dwelling unit must conform to the objective design standards applicable to the lot on which the accessory dwelling unit is located.
v. No portion of an accessory dwelling unit balcony, deck, or open-stair landing within 10 feet of the rear lot line or side lot line may be higher than three feet from the ground unless the rear lot line or side lot line abuts a nonresidential use, alley, public street, or approved private street.
3. Junior accessory dwelling units.
a. Maximum area. The floor area of one junior accessory dwelling unit may not exceed 500 square feet.
b. Owner occupancy. Unless owned by a government agency, land trust, or housing organization, the property owner must reside onsite.
c. Deed restriction. A deed restriction must be recorded before final building permit inspection, in accordance with California Government Code section 66333, and state the following:
i. Sale of the junior accessory dwelling unit separate from the sale of the single-unit dwelling is prohibited;
ii. The deed restriction may be enforced against future purchasers; and
iii. The size and attributes of the junior accessory dwelling unit may not deviate from the building permit under which the unit was constructed.
d. Location. Junior accessory dwelling units must be constructed within the walls of a single-unit dwelling, which may include an attached garage.
e. Entrance. The junior accessory dwelling unit must have an entrance that is separate from the main entrance to the proposed or existing single-unit dwelling.
f. Bathroom. If the junior accessory dwelling unit does not include a separate bathroom, the junior accessory dwelling unit must include both the entrance required under subsection e above and an interior entry to the main living area of the single-unit dwelling.
g. Kitchen. The junior accessory dwelling unit must include an efficiency kitchen with:
i. Cooking appliances; and
ii. A food preparation counter and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit.
4. Ministerial review.
a. Unless subsection B.5, below, applies, the city shall ministerially review all applications for accessory dwelling units and junior accessory dwelling units submitted under this section.
b. The city shall approve or deny an application to create an accessory dwelling unit or junior accessory dwelling unit under this section within 60 days of receipt of a complete application if there is an existing residential use on the lot.
c. If the application to create an accessory dwelling unit or junior accessory dwelling unit is submitted with a permit application to create a new residential development on the lot, the city may delay approving or denying the permit application for the accessory dwelling unit or junior accessory dwelling unit until the permit application to create the residential development is approved. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the city has not approved or denied the completed application within 60 days, the application shall be deemed approved.
5. Deviations from development and design standards. A request to deviate from the development standards contained in subsection B.2.c above may be made by application for site plan and design review under chapter 17.808.
C. Accessory dwelling units and junior accessory dwelling units eligible for ministerial review under California Government Code section 66323.
1. Notwithstanding subsection B. above, the city shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following, as set forth in California Government Code section 66323:
a. One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-unit dwelling if all the following are met:
i. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-unit dwelling or existing space of a single-unit dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
ii. The space has exterior access from the proposed or existing single-family dwelling.
iii. The side-yard and rear-yard setbacks are sufficient for fire and safety.
iv. The junior accessory dwelling unit complies with California Government Code section 66333.
b. One detached, new construction, accessory dwelling unit that does not exceed 4-foot side-yard and rear-yard setbacks for a lot with a proposed or existing single-unit dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit that meets the requirements set forth in California Government Code section 66333. The accessory dwelling unit may not exceed a floor area of 800 square feet and a height of 18 feet unless additional height is needed to align the roof pitch of the accessory dwelling unit with the roof pitch of the primary dwelling unit. In that instance, the accessory dwelling unit may not exceed a height of 20 feet.
c. Multiple accessory dwelling units within the portions of existing multi-unit dwellings that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. The number of accessory dwelling units shall not exceed one or 25% of the existing multi-unit dwellings, whichever is greater.
d. Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multi-unit dwelling, but are detached from that multi-unit dwelling, maintain 4-foot rear-yard and side-yard setbacks, and do not exceed 18 feet in height unless additional height is needed to align the roof pitch of the accessory dwelling unit with the roof pitch of the primary dwelling unit. In that instance, the accessory dwelling unit may not exceed a height of 20 feet.
2. An accessory dwelling unit or junior accessory dwelling unit approved under this subsection C may not be rented for a term less than 30 days. (Ord. 2024-0051 § 16; Ord. 2024-0017 § 46; Ord. 2021-0023 § 38; Ord. 2019-006 § 4; Ord. 2017-0008 § 7; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
A mini storage or locker building shall comply with the development standards in this section.
A. Outside of the central city, a minimum 10-foot wide landscape setback shall be provided along all street frontages and freeway rights-of-way.
B. Open or outdoor storage areas are permitted only if screened by a minimum six-foot high solid masonry wall.
C. A minimum of two waste disposal areas shall be provided. Waste facilities shall be screened by a minimum six-foot high solid masonry wall and provide for easy access of mini-storage clients.
D. No retail business of any kind shall be permitted to operate in any of the mini storage or locker building units. (Ord. 2017-0061 § 66; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
A towing service and vehicle storage yard for the temporary storage of vehicles may not engage in auto dismantling and shall comply with the development standards in this section.
A. A minimum 10-foot wide landscape setback shall be provided along all street frontages and freeway rights-of-way. If the towing service and vehicle storage yard is utilizing an existing building with less than 10 feet between the building and any right-of-way, the provided setback shall be landscaped.
B. All outdoor storage areas shall be screened by a minimum six-foot high solid fence or masonry wall around the entire perimeter of the outdoor storage area.
C. Outdoor vehicle storage areas are not subject to the parking lot tree shading requirements in section 17.612.040.
D. The address of the company shall be visible from the public right-of-way. At least one illuminated, instructional sign shall be located at the main entrance to the site and contain the following information:
1. Name of company;
2. Address;
3. Phone number; and
4. Address of company office if not located on the subject site.
E. Tow car storage. A tow car may not be parked or stored in a residential zone when it is not in use, but must be stored in a zone that permits automobile storage. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
A. Conditional use permit required. Except as provided in subsection C of this section, a conditional use permit is required for the following uses: alcoholic beverage sales for off-premises consumption, bar, and nightclub.
1. Findings. The decision-maker may approve a conditional use permit for alcoholic beverage sales for off-premises consumption, a bar, or nightclub based on the following findings, in addition to the findings required in section 17.808.200:
a. The proposed alcoholic beverage sales will not adversely affect the peace or general welfare of the surrounding neighborhood;
b. The proposed alcoholic beverage sales will not result in undue concentration of establishments dispensing alcoholic beverages;
c. The proposed alcoholic beverage sales will not enlarge or encourage the development of a skid row or blighted area; and
d. The proposed alcoholic beverage sales will not be contrary to or adversely affect any program of redevelopment or neighborhood conservation.
2. Considerations.
a. The decision-maker shall consider whether the proposed alcoholic beverage sales will detrimentally affect nearby residentially zoned areas, and shall give consideration to the distance of the proposed alcoholic beverage sales from residential buildings; churches and faith congregations; schools, K-12; hospitals; parks and playgrounds; childcare centers; social services; and other similar uses.
b. In addition to the considerations applicable to all conditional use permit applications, the decision-maker may consider the following under this section: hours of operation; quantity and size of containers sold; alcoholic content of wines; percentage of shelf space devoted to alcoholic beverages; a requirement that the establishment post, in compliance with the city code, signs prohibiting the possession of open alcoholic beverage containers or the consumption of alcoholic beverages on any property adjacent to the establishment under the control of the establishment's operator; and any other activities proposed for the premises.
B. Deemed conditional use permit. Alcoholic beverage sales for off-premises consumption, bars, or nightclubs operating under a deemed conditional use permit shall not do any of the following unless a new conditional use permit is approved:
1. Change the type of retail liquor license within a license classification;
2. Recommence alcoholic beverage sales for off-premises consumption after sales were discontinued for a continuous period of at least one year, including the case where the license for such sales is suspended or revoked; provided, however, that a suspension for violation of Business and Professions Code section 23790.5(e) shall not constitute a break in the continuous operation of the sales of alcoholic beverages. An establishment that has discontinued alcoholic beverage sales shall not be deemed to have resumed sales unless the establishment is open for business for alcoholic beverage sales for off-premises consumption for at least 60 continuous days in substantially the same manner that it operated before its alcoholic beverage sales were discontinued. Whether an establishment is being operated in substantially the same manner shall be determined by reference to the type and amount of merchandise for sale, the hours and days of operation, the number of persons on duty to serve customers, and such other factors as may be relevant; or
3. Substantially change the business of alcohol sales for off-premises consumption, bars, or nightclubs, including:
a. Increasing the floor space devoted to display or storage of alcoholic beverages; or
b. Modifying the premises by expanding the gross floor area more than 10 percent, which requires issuance of a building permit (not including routine maintenance and repair).
C. Conditional use permit not required.
1. A conditional use permit is not required for alcoholic beverage sales for off-premises consumption in a store with greater than 15,000 square feet in gross floor area if the shelving allocated to alcoholic beverages does not exceed 10% of the total shelving within the store.
2. A conditional use permit is not required for an on-sale licensee, other than a bar, on account of the licensee's statutory off-sale privileges if the licensee does not hold itself out as selling alcoholic beverages for off-premises consumption. (Ord. 2017-0061 § 67; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
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