1 | Uses which are part of a completely enclosed mall complex, except where specifically allowed outside of the mall, all activities take place entirely indoors. |
2 | Uses on peripheral sites physically separated from a central enclosed mall. |
3 | See Chapter 18.114 of this title. |
4 | State-mandated outdoor play areas shall face new or existing landscaping sufficient to buffer the play area from view, shall be separated from customer parking areas by a heavy wood fence or comparable barrier, shall be isolated from loading docks and associated delivery truck circulation areas, and shall contain landscaping for outdoor children's activities. The standard city noise ordinance applies. |
5 | The use is subject to the following conditions: (1) The facility shall adhere to all occupancy, ADA, California Building Code, and exiting requirements; (2) The zoning administrator finds that adequate parking is available for the said use, and the proposal has an effective traffic circulation system including pick-up and drop-off for business patrons; (3) The standard city noise ordinance applies; (4) If applicable, an outdoor play area proposed would not cause the ambient noise levels at the property plane to increase by 4 dB Ldn. The zoning administrator may request a noise study or other professional study in order to determine whether the use meets or exceeds this threshold. |
| A use is specifically subject to a conditional use permit shall be processed as such. A use not specifically subject to a conditional use permit that cannot meet condition 4 shall be subject to a conditional use permit. |
6 | Music and art schools shall be at least 150 feet from an R district. |
7 | The facilities shall be tested from 8:00 a.m. to 5:00 p.m. Monday through Friday or from 10:00 a.m. to 12:00 noon on Saturday or Sunday only, the facilities shall not be tested for more than one hour during any day, testing shall occur a maximum of once a month, and no testing shall be on "Spare the Air Days" in Alameda County. |
8 | Small electricity generator facilities shall meet the following criteria: (1) The fuel source for the generators shall be natural gas, biodiesel, or the byproduct of an approved cogeneration or combined cycle facility; (2) The facilities shall use the best available control technology to reduce air pollution; (3) The facilities shall not create any objectionable odors at any point outside of the property plane where the facilities are located; (4) The facilities shall not exceed a noise level of 45 dBA at any point on a residentially zoned property outside of the property plane where the facilities are located; (5) On a site with fuel cell facilities, small electricity generator facilities shall not be permitted unless the aggregate wattage of the two facilities is less than one megawatt. If the aggregate wattage of the two facilities is one megawatt or greater, the small electricity generator facilities shall be subject to all requirements and processes prescribed in this title for medium or large electricity generator facilities, whichever is the most applicable, in the subject zoning district; (6) The facilities shall be cogeneration or combined cycle facilities, if feasible. |
9 | Small fuel cell facilities shall meet the following criteria: (1) The facilities shall not create any objectionable odors at any point outside of the property plane where the facilities are located; (2) The fuel cell facilities shall not exceed a noise level of 45 dBA at any point on any residentially zoned property outside of the property plane where the facilities are located; (3) On a site with electricity generator facilities, small fuel cell facilities shall not be permitted unless the aggregate wattage of the two facilities is less than one megawatt. If the aggregate wattage of the two facilities is one megawatt or greater, the small fuel cell facilities shall be subject to all requirements and processes prescribed in this title for medium or large fuel cell facilities, whichever is the most applicable, in the applicable subject district; Small fuel cell facilities are encouraged to be cogeneration or combined cycle facilities. |
10 | These uses include: |
| a. | Indoor special downtown accessory entertainment uses with non-amplified or amplified sound in the downtown hospitality central core area and non-amplified sound in the downtown hospitality transition area (hours: 8:00 a.m.—11:00 p.m.); |
| b. | Indoor special downtown accessory entertainment uses with amplified sound in the downtown hospitality transition area (hours: 8:00 a.m.— 9:00 p.m.); |
| c. | Outdoor special downtown accessory entertainment uses (hours: 8:00 a.m.—9:00 p.m.). |
| These uses shall meet all four of the following parameters: |
| i. | The use is in compliance with all applicable requirements of Chapter 9.04 (Noise Regulations). The applicant may be required to install noise mitigating measures to ensure compliance with the noise regulations. |
| ii. | For indoor music and entertainment, the exterior doors of the establishment shall remain closed when not being used for ingress/egress and self-closing mechanisms shall be installed on all exterior doors. |
| iii. | For indoor music and entertainment, the establishment's windows shall remain closed when music/entertainment activities are taking place. |
| iv. | The use is in compliance with all applicable requirements of the Pleasanton Municipal Code and all other applicable laws, particularly pertaining to noise, public disturbance, littering, and parking. |
11 | A conditional use permit shall be required for special downtown accessory entertainment uses, as defined in Chapter 18.08 of this title, and the use does not comply with the hour restrictions and/or conditions required for the use to be a permitted use or a temporary conditional use. |
12 | The use shall be in accord with the provisions of Chapter 18.124 of this title. |
13 | 13 The city planning commission shall make a specific finding that the use will conform with each of the required conditions prescribed in Sections 18.48.040 through 18.48.120 of this chapter, in addition to the findings prescribed in Section 18.48.060. |
14 | Wind energy facilities shall meet the following criteria: (1) The facilities shall not exceed a noise level of 45 dBA at any point on any residentially zoned property outside of the property plane where the facilities are located; and (2) The design of the facilities shall be streamlined (without ladders and extra appurtenances) to discourage birds from roosting on the facilities; and (3) Facilities on hillsides or ridges shall not be visible from a public right-of-way. |
15 | This use with outdoor storage shall be subject to a conditional use permit as prescribed in Chapter 18.124. |
16 | The following conditions shall apply to microbreweries and wineries: (1) The zoning administrator finds that adequate parking is available for said use; (2) If the zoning administrator determines that the use will be or is creating odor problems, an odor abatement device determined to be appropriate by the zoning administrator shall be installed within the exhaust ventilation system to mitigate brewery odors; (3) The applicant is in compliance with all applicable requirements of Chapter 9.04 of this code; (4) If operation of the use results in conflicts pertaining to parking, noise, odors, traffic, or other factors, the zoning administrator may modify or add conditions to mitigate such impacts, or may revoke the zoning certificate for the use. |
17 | Basement storage as defined in Section 18.08.057 shall be permitted as warehousing in the central commercial (C-C) zoning district, subject to meeting all of the following criteria: |
| a. | Basement storage shall be limited to the C-C zoning district within the downtown specific plan area and limited to commercial buildings only; |
| b. | Basement storage shall be limited to nontoxic, nonhazardous materials only. It is the responsibility of the storage space operator to prepare a list of prohibited storage items, to have the list approved by the Livermore-Pleasanton fire department, and to require all storage space users to agree in writing that no items on the list or other hazardous materials will be stored. The storage space shall be used for storage only and no other activities and/or uses are allowed; |
| c. | Prior to allowing basement storage, the building owner shall contact the building and safety division and fire department to ensure that the basement meets applicable building and fire codes. If required, the building owner and/or responsible party shall secure all applicable permits and/or make any required changes to the basement space to ensure the space meets current code standards for fire, safety, and accessibility; |
| d. | The hours of access for basement storage use shall be: Monday through Friday from 6:00 a.m. to 10:00 p.m. and Saturday and Sunday from 10:00 a.m. to 6:00 p.m. only; |
| e. | One parking space per on-site storage employee and one parking space for storage customers. This parking requirement is in addition to the parking required for other uses on-site; |
| f. | Prior to allowing and/or renting space for basement storage, the property owner and/or responsible party shall submit a zoning certificate application and secure a business license. The zoning certificate application shall be accompanied by a narrative that describes the type of storage proposed, where parking will be allowed, and the use(s) of the building and shall include a site plan and basement storage floor plan that clearly defines, but is not limited to, the following: (1) The defined area(s) and square-footage in which storage will take place; (2) How the individual storage areas will be delineated (e.g., cages, walls, etc.); (3) Access and ADA accessibility. |
18 | Use is not permitted on the ground floor when the property is also located in the Active Ground-Floor Overlay District, except where an exemption is granted as set forth in Chapter 18.81. |
19 | Medical offices shall be subject to parking requirements identified in Chapter 18.88. |
20 | A temporary outdoor use may be permitted pursuant to Section 18.116.040. |
21 | All buses shall not be stored on site and no repair work shall be conducted on-site. |
22 | Commercial radio and television aerials, antennas, and transmission towers shall be a minimum distance of 300 feet from the property lines of all of the following: |
| a. | Existing or approved residences or agricultural zoning districts or in planned unit developments with a residential or agricultural zoning designation. |
| b. | Undeveloped residential or agricultural zoning districts or undeveloped planned unit developments with a residential or agricultural zoning designation and without an approved development plan, unless designated as a public and institutional land use in the general plan. |
| c. | Existing or approved public schools, private schools, and childcare centers, not including schools which only provide tutorial services. |
| d. | Neighborhood parks, community parks, or regional parks, as designated in the general plan. |
| e. | Existing or approved senior care/assisted living facilities, including nursing homes. |
All commercial radio and television aerials, antennas, and transmission towers shall be located so as to minimize their visibility and, unless determined by the zoning administrator to be significantly hidden from view, designed to ensure that they will not appear as an aerial, antenna, and/or transmission tower. All such facilities determined by the zoning administrator to be visible from residential land uses, the I-580 and/or I-680 rights-of-way, or other sensitive land uses such as parks, schools, or major streets, shall incorporate appropriate stealth techniques to camouflage, disguise, and/or blend them into the surrounding environment, and shall be in scale and architecturally integrated with their surroundings in such a manner as to be visually unobtrusive. All applications for commercial radio and/or television aerials, antennas, and transmission towers shall include engineering analyses completed to the satisfaction of the zoning administrator. Said analyses shall be peer-reviewed by an outside consultant. |
| If mounted on structures or on architectural details of a building, these facilities shall be treated to match the existing architectural features and colors found on the building's architecture through design, color, texture, or other measures deemed to be necessary by the zoning administrator. |
| Roof-mounted aerials and antennas shall be located in an area of the roof where the visual impact is minimized. Roof-mounted and groundmounted aerials, antennas, and transmission towers shall not be allowed in the direct sightline(s) or sensitive view corridors, or where they would adversely affect scenic vistas, unless the facilities incorporate the appropriate, creative techniques to camouflage, disguise, and/or blend them into the surrounding environment, as determined to be necessary by the zoning administrator. |
| All commercial radio and television aerials, antennas, and transmission towers shall conform to the applicable requirements of Cal-OSHA and/or the FCC before commencement of, and during operation. Evidence of conformance shall be provided to the zoning administrator before final inspection of the facility by the chief building official. |
| If the zoning administrator finds that an approved aerial, antenna, or transmission tower is not in compliance with this title, that conditions have not been fulfilled, or that there is a compelling public safety and welfare necessity, the zoning administrator shall notify the owner/operator of the aerial/antenna/transmission tower in writing of the concern, and state the actions necessary to cure. After 30 days from the date of notification, if compliance with this title is not achieved, the conditions of approval have not been fulfilled, or there is still a compelling public safety and welfare necessity, the zoning administrator shall refer the use to the planning commission for review. Such reviews shall occur at a noticed public hearing where the owner/operator of the aerial/antenna/transmission tower may present relevant evidence. If, upon such review, the planning commission finds that any of the above have occurred, the planning commission may modify or revoke all approvals and/or permits. |
23 | The service station shall be at least 60 feet from residentially planned or zoned property. All operations except the sale of gasoline and oil shall be conducted within a building enclosed on at least three sides, and the minimum site area shall be 20,000 square feet. Direct sales to the public shall be limited to petroleum products, automotive accessories, food products, and limited household goods. Tobacco product and tobacco paraphernalia sales are only permitted in compliance with Chapter 18.109. |
24 | Lumberyards shall not include planing mills or sawmills and shall be at least 300 feet from an R or O district. |
25 | The use shall be at least 300 feet from an R or O district. |
26 | Any use not in conjunction with a medical use that includes massage service of four or more technicians at any one time shall be subject to a minor conditional use permit as prescribed in Chapter 18.124. Massage establishments shall meet the requirements of Chapter 6.24. |
27 | Any retail use in the C-R(m), C-R(p), and C-C Districts that includes firearm sales shall be subject to a conditional use permit as prescribed in Chapter 18.124. Firearm sales are prohibited in the C-N, C-F, MU-T, and MU-D Districts. Firearm sales in which no more than 10 firearms are stored on-site at any one time and the majority of firearms are sold through catalogs, mail order, or at trade shows are subject to a conditional use permit in the C-S District. |
28 | The use may include incidental care such as bathing and trimming, provided that all operations are conducted entirely within a completely enclosed building which complies with specifications for soundproof construction prescribed by the chief building official. |
29 | Any use that includes a drive-through shall be subject to a conditional use permit as prescribed in Chapter 18.124. |
30 | Liquor stores and convenience markets shall only be permitted in the C-R(m) and C-R(p) districts, and shall be subject to a conditional use permit as prescribed in Chapter 18.124 in the C-N and C-C districts. |
| Tobacco stores (which are uses which primarily sell tobacco products; from which more than 60 percent of gross annual revenue is derived from the sale of tobacco products and tobacco paraphernalia; does not permit anyone under 18 years of age to be present unless with parent or guardian; and does not sell alcoholic beverages or food for consumption on the premises), shall be subject to a conditional use permit as prescribed in Chapter 18.124 in the C-R(m), C-R(p), C-N and C-C districts, but only if the proposed site also meets the restrictions of Chapter 18.109. |
| Secondhand stores and/or pawn shops shall be subject to a conditional use permit as prescribed in Chapter 18.124 in the C-C district. |
31 | Where: (1) the subject tenant space is located within the Downtown Specific Plan area; and (2) the subject tenant space exceeds 7,500 gross square feet, a retail use shall be subject to a conditional use permit as prescribed in Chapter 18.124. |
32 | Homeless shelters within the SF service facilities overlay district that meet the requirements set forth in Chapter 18.82 shall be a permitted use. |
33 | If the subject tenant space exceeds 75,000 gross square feet, the use shall be subject to a conditional use permit as prescribed in Chapter 18.124. This requirement does not apply to light industrial uses located in Hacienda, an area defined by Ordinance 1325 and as subsequently amended. |
34 | Restaurants and catering establishments with outdoor dining shall be subject to a conditional use permit as prescribed in Chapter 18.124. |
35 | Any use shall operate only between the hours of 6:00 a.m. and 11:00 p.m. |
36 | In addition to the districts identified in Table 18.44.080, innovation-based businesses shall be permitted uses in the following districts: PUD-C (Johnson Drive Economic Development Zone Area only), PUD-C-O, PUD-I, PUD-I/C-O, and PUD-MU; and The following zones within Hacienda PUD Area (OGPD, OPD, OMPD, CDP, IPD, MOIPD, MCOIRPD, and MCOIPD). An MCUP shall be required for any innovation-based business in which controlled hazardous materials are to be used, stored or disposed of on site. An MCUP shall be required for any innovation-based business to be located adjacent to any existing residential use and/or other similar sensitive receptor use as determined by the zoning administrator and shall be subject to the following performance standards: Innovation-based businesses shall be permitted a maximum of two loading docks that can accommodate medium-duty delivery trucks as determined by the zoning administrator. Use of any loading docks and delivery/receiving/shipping hours of operation shall be determined acceptable on a case-by-case basis as determined by the zoning administrator. Ancillary uses/equipment, including, but not limited to, HVAC equipment, transformers, emergency generators, gas meters, backflow devices, storage, etc., shall be sited to minimize noise and visual impacts as determined acceptable by the zoning administrator. |
37 | Innovation-based business shall not be permitted on any parcel located within the Downtown Specific Plan Area. |
38 | A CUP and design review approval shall be required for any data center use where an innovation-based business is permitted or conditionally permitted. |
39 | In addition to the Districts identified in Table 18.44.080, personal services shall be Permitted uses in the I-P and I-G Districts when included as an ancillary use to an innovation-based business within the same building or clustering of buildings and/or on the same project site. |