The following uses may be permitted in the zones herein indicated upon the granting of a Conditional Use Permit, except that where another section of this title specifically allows such use in a zone in conflict with this section, the provision of such other section shall apply and a Conditional Use Permit shall not be required.
A. Church in the A-1, A-2, E-1, E-2, E-3, R-1, R-2, R-3, R-4, C-1, C-P, C-L, C-O, R-O, C-X, H-C, HRC-1, HRC-2, OM-1 and OC Zones.
B. Convent and monastery in the A-1, A-2, E-1, E-2, E-3, R-1, R-2, C-X, H-C, HRC-1, HRC-2, OC, M-1, and OM-1 Zones.
C. Educational institution in the A-1, A-2, E-1, E-2, E-3, R-1, R-2, R-3, R-4, C-1, C-P, C-L, C-O, R-O, C-X, H-C, HRC-1, HRC-2, OC, M-1, and OM-1 Zones.
D. Golf course or driving range (but excluding miniature golf) in any zone.
E. Outdoor tennis club and lawn bowling club in the A, E and R Zones. Normal clubhouse facilities such as pro shop, coffee shop, administrative offices, lounge, etc. may be allowed in connection with a private club only, provided that such uses shall be clearly shown to be incidental and accessory to the outdoor recreational use of the premises, and that the clubhouse facilities shall be available only to the club members and their guests.
1. It is hereby declared that in addition to being special uses as set forth in Sections
28.94.001 and
28.94.005, the uses permitted under this subsection are of such a nature that it is impractical to establish in advance of development the minimum requirements for parking, site area, setbacks, hours or manner of operation, lighting, landscaping, or other standards usually applied to classes or types of use, and that distinct and different performance and development standards must be applied to each individual facility proposed to be established under these provisions.
2. This declaration is based on the fact that the type of club permitted by these provisions will usually be within the City area, unique in terms of the facilities provided, activities conducted, method and intensity of operation, relationship to topography and impact on surrounding urban development and potential, and that meaningful minimum standards can only be established in relation to the particular features of each individual development.
3. In lieu of prescribing herein minimum performance and development standards, the Planning Commission shall, as a part of any conditional use permit issued to permit the establishment of outdoor tennis or lawn bowling clubs under this subsection, make the following findings and impose conditions necessary to secure and perpetuate the bases for such findings:
a. That the total area of the site and the setbacks of all facilities from property and street lines are of sufficient magnitude in view of the character of the land and of the proposed development that significant detrimental impact on surrounding properties is avoided.
b. That the prescribed hours and days of operation of the various facilities of the club are such that the character of the area is not altered or disturbed.
c. That the design and operation of outdoor lighting equipment will not be a nuisance to the use of property in the area.
d. That adequate access and off-street parking is provided in a manner and amount so that the demands of the development for such facilities are adequately met without altering the character of the public streets in the area at any time.
e. That the appearance of the developed site in terms of the arrangement, height, scale and architectural style of the buildings, location of parking areas, landscaping and other features is compatible with the character of the area.
F. Planned unit development in A, E and R-1 Zones in accordance with the provisions of Chapter
28.36 of this title.
G. Planned residence development in the A, E and R-1 Zones, subject to provisions of Chapter
28.33 of this title.
H. Child care centers in the A, E, R-1, R-2, R-3, R-4, R-O, C-O and C-X Zones, subject to the following conditions, standards and limitations:
1. Location of Play Areas. Outdoor play areas shall be located in a manner that is compatible with the character of the surrounding area, that minimizes significant detrimental noise impacts to adjacent properties, and that complies with the minimum standards of State law.
2. Passenger Loading. Facilities shall be provided for loading and unloading passengers, and shall be subject to the review and approval of the Planning Commission taking into consideration the recommendation of the Transportation Engineer.
I. Driveways and parking areas for nonresidential uses in residential zones.
J. Boarding house in the R-2, R-3 and R-4 Zones.
K. Club and lodge in the R-3, R-4 and R-O Zones.
L. Garden apartments in the R-2 Zone, subject to the provisions of Chapter
28.30 of this title.
M. Hospitals, skilled nursing facilities and other similar buildings and facilities for the treatment of human ailments where facilities are provided for the keeping of patients overnight or longer, in the R-4, C-O, C-P, C-1, C-2 and C-M Zones.
N. Restaurant in the R-4 Zone, provided there is a minimum of 100 established hotel-motel guest rooms within 500 feet from the boundary of the proposed restaurant site. The 100 established hotel-motel guest rooms within 500 feet may be used to support any number of restaurants within the affected area.
O. Establishment or enterprises which involve large assemblages of people on more than four occasions per year, including, but not limited to, any open air theater, certified farmers market, street market, trade fair, trade exchange, recreational or sport center, in the C Zones.
P. Automobile wrecking in the C-M and M-1 Zones.
Q. Car wash, auto polishing, auto steam cleaning establishment in the C-1, C-P and C-2 Zones, provided that such installation shall be subject to the noise restrictions established in Chapter
28.60 of this title.
R. State-licensed residential care facilities for the elderly, community care facilities and hospices serving more than 12 individuals in the A, E, R, and C Zones.
1. Standards.
a. If a new residential care facility for the elderly, community care facility or hospice which is subject to a Conditional Use Permit includes a staffed congregate kitchen and dining facility providing regular meals to residents, living units may include modular cooking units without being counted as residential units.
b. If an existing residential care facility for the elderly, community care facility or hospice as of the effective date of this chapter, which is subject to a conditional use permit includes a staffed congregate kitchen and dining facility providing regular meals to residents, living units may be converted to include modular cooking units without being counted as residential units under the provisions of a new conditional use permit.
c. If a new or existing residential care facility for the elderly, community care facility or hospice as of the effective date of this chapter, which is subject to a conditional use permit does not include a congregate dining facility, but does include kitchens in its living units, living units shall be counted as residential units.
d. Recreational facilities and skilled nursing facilities intended primarily for the residents may be allowed in connection with residential care facilities for the elderly, community care facilities or hospices provided that such uses are incidental and accessory thereto. The use of the facilities by persons other than residents and staff may be limited.
2. Findings.
a. For new State-licensed residential care facilities for the elderly, community care facility or hospice, in addition to the findings required under Section
28.94.020, the Planning Commission or City Council on appeal must find upon a showing of adequate information that:
i. The facility will generate a demand for resources such as water, traffic, and other public services equivalent to no more than that which would be demanded by development of the property in accordance with the underlying zone, and such resources are available in amounts adequate to service the proposed facility.
ii. The intensity of use in terms of the number of people, hours of operation, hours of major activities, and other operational aspects of the proposed facility is compatible with any neighboring residential use.
iii. The proposed facility shall be able to be converted to a density which conforms to the residential unit density of the underlying zone. Sufficient land area has been shown to be available to meet the parking demand of a future use.
b. For existing State-licensed residential care facilities for the elderly, community care facility or hospice as of the effective date of this chapter requesting an alteration or modification, in addition to the findings required under Section
28.94.020, the Planning Commission or City Council on appeal must find upon a showing of adequate information that:
i. The proposal has been reviewed and approved by the City Fire Marshal and the City Building Official.
ii. The facility will generate a demand for resources such as water, traffic and parking capacity, and other public services equivalent to no more than that which would be demanded by development of the property in accordance with the underlying zone, or if existing resource use exceeds the underlying zone, then resource use shall be equivalent to no more than that of the existing use.
iii. The intensity of use in terms of the number of people, hours of operation, hours of major activities and other operational aspects of the proposed facility is compatible with any neighboring residential use.
S. Facilities and equipment, not to include offices, used by public utilities or quasi-public utilities, e.g., cable television, to provide services to the general public in any zone, except for radio and television antennas, cellular telephone antennas and emergency service antennas and any facilities or equipment expressly permitted in the zone or authorized pursuant to Chapter
28.93 of this code.
T. Medical equipment and supply stores of more than 3,000 square feet of net floor area in the C-O Zone, subject to the following special provisions:
The Planning Commission shall find that the use is supportive and directly related to the providing of medical and related services. The Commission may permit a portion of the space to be used for non-medically related sales and/or a percentage of dollar volume of business for non-medically related sales, provided that said amount of non-medically related use is set forth in the conditional use permit.
U. Banks of more than 1,000 square feet of net floor area in the C-O Zone, subject to the following:
The intent is to allow branch banks as a convenience to the medical community and neighborhood, so that there will be less traffic into the commercial areas for deposits, and as a cash source for patients in the area. It is not the intent to establish a banking community in the area. As a result, the limitations set forth below shall apply.
Prior to issuance, the Planning Commission shall find the following:
1. No similar facility is located on adjacent property or on a parcel within 300 feet of the subject property.
2. There shall not be more than 1,000 square feet of space accessible to customers for services.
3. There shall be no drive-up window, but a walk-up window may be permitted.
4. The signing of the operation is in a manner as to identify but not advertise, and to blend in with the neighborhood.
5. Services are limited to deposits, check cashing, cashier and travelers checks, acceptance of loan applications, and night deposits. The following services are excluded: loan applications processing and safety deposit boxes.
6. The permitted number of employees is consistent with the above.
V. Automobile service station, automobile service station/mini-market or conversion to an automobile service station/mini-market shall be subject to the following conditions, standards and limitations:
1. Conditions. Specific conditions may be imposed to carry out the purposes of this Code.
2. Lot Area. The minimum area of the parcel or lot shall not be less than 8,000 square feet.
3. Street Frontage. Each lot shall have a minimum frontage of not less than 100 feet on one abutting street.
4. Architecture. The architecture of the service station structures and landscaping shall be reviewed and approved by the Architectural Board of Review, or the Historic Landmarks Commission if the property is located within El Pueblo Viejo Landmark District or another landmark district or if the structure is a designated City Landmark. The architectural theme shall be integrated into the design of all improvements of the site including canopies and fencing.
5. Driveways.
a. New Service Stations. For service stations constructed after the effective date of this subsection, driveway entrances to the service station shall not be within 20 feet of the curb return (beginning of curve) on corner lots.
b. Existing Service Stations. For driveway entrances of service stations that have been constructed prior to the effective date of this subsection, relocation of driveway entrances may be required to minimize interference with the movement and safety of vehicular and pedestrian traffic.
6. Internal Circulation. Where access from an internal circulation system of a shopping center or public parking area is available, direct street access to a service station may be prohibited or restricted.
7. Parking. Parking shall conform to the minimum parking requirements as outlined in Section
28.90.100 or a minimum of five parking spaces shall be provided or one parking space for each 250 square feet of gross floor area used for mini-market use and one space for each employee shall be provided; whichever is greater.
8. Lighting. Any perimeter flood lighting shall be hooded or shielded so that no direct beams fall upon adjacent residential property. Indirect soft lights and low garden lights shall be used wherever possible, and shall be required as necessary to assure compatibility with adjacent and surrounding properties.
9. Landscaping. All landscaped areas shall be as follows:
a. A planter shall be provided along all street-side property lines except for driveway openings.
b. On corner lots, a minimum of 150 square feet of planter area shall be provided on the property adjacent to the corner intersection.
c. At least 10% of the area not covered by buildings on the parcel shall be landscaped.
10. Restrooms. The entrance to all restrooms shall be screened from abutting properties by a decorative screen.
11. Fencing. A decorative fence six feet in height from finished grade shall be provided on all property lines that do not abut a street, alley or parking area, with the exception that a fence may not be required for a service station that is an integral part of a commercial, industrial or office center or where combined landscaping will be achieved with such adjacent properties.
12. Operations and Storage.
a. Repair of vehicles is only permitted within an enclosed building.
b. All servicing of vehicles other than minor servicing shall be conducted within an enclosed building.
c. All materials, products and merchandise shall be stored and displayed only within an enclosed building.
d. No used or discarded automotive parts or equipment or visible junk or wrecked vehicles shall be located or stored outside the service station building.
e. Trash shall be stored in areas screened from public view by a fence with a minimum height of six feet. Trash shall not be stored or piled above the height of the fence.
13. Fire Department Approval. Prior to the issuance of any building permit for a service station or any portion thereof, the Fire Department shall review the plans and approve said plans if they comply with applicable Fire Department ordinances and regulations.
W. Public or quasi-public facility, including homeless shelters providing services and programs beyond the definition of minimal supportive services specified in Chapter
28.04 (subject to a separation of at least 300 feet from another emergency shelter or homeless shelter), in any zone, except those expressly permitted in the zone or authorized pursuant to Chapter
28.93 of this Code, and Radio and Television Antennas, Cellular Telephone Antennas and Emergency Service Antennas.
X. Any use other than those permitted by Section 28.73.030.A of the OM-1 Zone and permitted in the M-1 Zone and subject to those findings required in Section 28.73.030.B and Section
28.94.020.
Y. General office uses in the HRC-2 Zone as permitted by Section 28.22.030.B.3, and subject to the findings required in Section 28.22.030.B.3 and Section
28.94.020.
AA. Any interim use deemed appropriate by the Planning Commission in those areas identified by resolution of the City Council as impacted by governmental action. Such interim uses shall be limited in duration as specified by the Planning Commission, provided all such uses are discontinued within two years of the completion of the governmental action. Any authorization granted by the conditional use permit shall terminate at that time.
The conditional use permit granted pursuant to this subsection shall not be effective until the property owner has duly executed and recorded an instrument binding itself, its successors in interest and any person holding thereunder, which contains: (1) notice of the conditional use permit; (2) notice of any conditions established thereunder; (3) an agreement to comply with the terms and conditions of the conditional use permit; (4) a waiver of any claim that a temporary use or any improvements on real property creates any vested right to continue a nonconforming use after completion of the governmental action; and (5) any other conditions as deemed necessary to comply with the purposes and intent of this subsection. This instrument shall be subject to the review and approval of the City Attorney and the Community Development Director.
BB. Bed and breakfast inns in designated historic structures.
1. R-O Zone.
a. Bed and breakfast inns in structures of merit or landmarks in the R-O Zone, in accordance with the provisions of Chapter
30.220 of this title.
b. Bed and breakfast inns in a structure located on a lot in the R-O Zone, on which a structure of merit or landmark used as a bed and breakfast inn is also located.
2. R-3 Zone.
a. Bed and breakfast inns in structures of merit or landmarks in the R-3 Zone, in accordance with the provisions of Chapter
30.220 of this title, subject to the following conditions:
i. The owner or manager of the bed and breakfast inn shall maintain his or her primary residence on the property that contains the bed and breakfast inn.
ii. No meals shall be served to persons other than guests and residents of the bed and breakfast inn.
iii. No conference or meeting rooms/facilities shall be provided.
iv. No outdoor swimming pool shall be provided; however, outdoor spas, hot tubs or similar facilities may be provided.
v. Other conditions imposed by the Planning Commission in order to ensure compatibility with the surrounding neighborhood.
b. Bed and breakfast inns in a structure located on a lot in the R-3 Zone, on which a structure of merit or landmark used as a bed and breakfast inn is also located, subject to the conditions listed in subsection
BB.2.a above.
3. Review by the Historic Landmarks Commission. Plans for new structures or alterations to existing structures under paragraphs 1 and 2 above shall be submitted to the Historic Landmarks Commission for review and action in accordance with the provisions of Chapter
30.220 of this title.
CC. Offsite Hazardous Waste Management Facilities in the C-M, M-1, and OM-1 Zones, subject to the provisions in Chapter
28.75, HWMF Overlay Zone.
DD. Television, radio and cellular telephone antennas in all zones, subject to the following provisions:
1. Exemptions. The following are exempt from the requirement of a conditional use permit, and shall be considered a permitted use in all zones:
a. Repairs and maintenance of existing facilities, whether emergency or routine, or replacement of transmitters, antennas, or other components of existing permitted facilities, provided there is little or no change in the visual appearance or any increase in radio frequency emission levels.
b. Satellite dish antennas designed or used for the reception of television or other electronic communications signal broadcast or relayed from an earth satellite.
c. One or more cellular telephone antennas or paging antennas, provided that the Community Development Director finds as follows:
i. Height. The height of the antenna and supporting structure does not exceed Municipal Code height limits set forth in Section
28.87.260, except where said antenna is being installed on an existing structure, in which event the height limit is measured from the highest point of the building and cannot exceed 15 feet above the building height.
ii. Separation. There is at least 100 feet between the base of the antenna support structure and the nearest dwelling unit.
iii. Access Control. The applicant establishes that the general public will be excluded from an area at least 50 feet in all directions from the antenna if antenna is not at least 10 feet off the ground. If the antenna is at least 10 feet above grade, this distance may be reduced to 30 feet.
iv. No Resource Impacts. The project will have no significant impact on any biological or archeological resources and will not generate additional traffic. The applicant may be required to provide information to the Community Development Director regarding these matters.
v. No Visual Impacts. The project has been reviewed by the Architectural Board of Review, or the Historic Landmarks Commission if the property is located in the El Pueblo Viejo Landmark District or another landmark district or if the property contains a designated City Landmark. The Board and Commission may take action regarding the location of the antenna(s) on the site, color and size of the proposed antennas so as to minimize any adverse visual impacts.
d. A microcell, provided it has been reviewed by the Architectural Board of Review, or the Historic Landmarks Commission if the property is located in the El Pueblo Viejo Landmark District or another landmark district or if the property or a structure thereon is a designated City Landmark. The Board and Commission may take action regarding the location of the antenna(s) on the site, color and size of the proposed antennas so as to minimize any adverse visual impacts.
2. Conditional Use Permit by Planning Commission. A radio or television antenna shall be permitted only upon issuance of a conditional use permit by the Planning Commission, and only if each of the following findings has been made:
a. Shared Use of Support Structure. The applicant had made a good faith effort to demonstrate that no existing or planned support structure, including an antenna tower, is available to accommodate the proposed antenna.
b. Site Size. The site is of a size and shape sufficient to provide an adequate setback from the base of the antenna support structure to any property line abutting a residential use.
c. Visual Impact. The project has been reviewed by the Architectural Board of Review, or the Historic Landmarks Commission if the property is located in the El Pueblo Viejo Landmark District or another landmark district or if the property contains a designated City Landmark. The Board and Commission may take action on the location of the antenna(s) on the site, color and size so as to minimize any adverse visual impacts by requiring that the antenna and its supporting structure be designed and placed so as to be as visually unobtrusive as feasible, taking into consideration technical engineering and other pertinent factors. The Planning Commission may grant a waiver from height limitations if it finds that no feasible alternative location or design would not require such a waiver.
d. Non-Ionizing Electromagnetic Radiation (NIER) Emissions. Any new transmitters and/or antennas, when combined with existing sources of NIER emissions on or adjacent to the site and when operating as designed and licensed, shall not expose the general public to ambient radiation emissions which exceed American National Standards Institute (ANSI) C95.1-1992 standard (if the Federal Communications Commission (FCC) rulemaking committee adopts a revised standard, said standard shall apply).
EE. Outdoor performance areas involving structures such as bandshells or amphitheaters in the PR Zone.
(Ord. 2892, 1962; Ord. 2967, 1964; Ord. 3025, 1965; Ord. 3045, 1965; Ord. 3060, 1965; Ord. 3272, 1968; Ord. 3398, 1970; Ord. 3399, 1970; Ord. 3539, 1972; Ord. 3546, 1972; Ord. 3613, 1974; Ord. 3710, 1974; Ord. 3854, 1976; Ord. 3862, 1976; Ord. 3882, 1977; Ord. 3943, 1978; Ord. 4033 §8, 1980; Ord. 4068, 1980; Ord. 4152, 1982; Ord. 4171, 1982; Ord. 4172, 1982; Ord. 4225, 1983; Ord. 4320, 1985; Ord. 4374, 1986; Ord. 4413, 1986; Ord. 4414, 1986; Ord. 4429, 1986; Ord. 4582, 1989; Ord. 4697, 1991; Ord. 4751, 1992; Ord. 4825, 1993; Ord. 4827, 1993; Ord. 4851, 1994; Ord. 4858, 1994; Ord. 4878, 1994; Ord. 4891, 1994; Ord. 4912, 1995; Ord. 4919, 1995; Ord. 5072, 1998; Ord. 5380, 2005; Ord. 5451, 2008; Ord. 5459, 2008; Ord. 5662, 2014; Ord. 5975, 2020; Ord. 6026 §9, 2021; Ord. 6058 §6, 2022)