Chapter 3-10
SPECIAL PROVISIONS
Sections:
3-10-010 Animal uses.
3-10-020 Secondary dwelling units.
3-10-030 Special requirements – General.
3-10-040 Accessory buildings and uses.
3-10-050 Agricultural processing.
3-10-060 Auto repair garages.
3-10-070 Automobile service stations.
3-10-080 Bakeries, creameries, laundries, cleaning and dyeing establishments, electric or plumbing sales or repair shops.
3-10-090 Cemeteries.
3-10-100 Crematories, columbaria and mausoleums.
3-10-110 Excavation or material removal.
3-10-120 Existing uses.
3-10-130 Dwelling groups.
3-10-140 Fences, hedges, walls, dividing instrumentality.
3-10-150 Flammable liquid storage.
3-10-160 Garage or carport.
3-10-170 Height of buildings and structures.
3-10-180 Home occupations.
3-10-190 Hotels.
3-10-200 Kennels.
3-10-210 Labor camps.
3-10-220 Lots, parcels, and sites.
3-10-230 Mortuaries.
3-10-240 Motels.
3-10-250 Nonconforming uses.
3-10-260 Nursery or commercial greenhouses and sales area.
3-10-270 Public and quasi-public uses.
3-10-280 Public utility lines or routes and essential services.
3-10-290 Rooming and boarding houses.
3-10-300 Bed and breakfast uses.
3-10-310 Subdivision or building construction office.
3-10-320 Temporary and intermittent uses.
3-10-330 Nursery school or day care facility.
3-10-340 Health facilities.
3-10-350 Drive-in and fast food business.
3-10-360 Transferable development credits regulations.
3-10-370 Superstores.
3-10-380 Cardrooms.
3-10-010 Animal uses.
Animals, animal husbandry, pet stores, animal hospitals, veterinarians, stables, corrals, riding academies, and similar uses shall not be located closer than 400 feet to any R district and shall show that odor, dust, noise, drainage shall not constitute a nuisance or hazard to the public welfare. (Ord. 1025, 1980; Ord. 442 §§ 21.10, 21.11)
3-10-020 Secondary dwelling units.
A. Purpose. To provide an opportunity for the development of small rental units, to provide relatively affordable housing for low- and moderate-income individuals and families, to provide economic support for resident families and to provide rental units for the elderly or disabled while still maintaining the residential character of the surrounding neighborhood.
B. Requirements. One secondary dwelling unit per lot may be permitted in the city’s single-family residential zoning districts including Planned Unit Developments and Planned Development – Residential districts, subject to the following requirements:
1. Secondary units shall be limited to lots developed with no more than one existing dwelling unit.
2. The secondary unit shall be designed so as to maintain the appearance of a single-family home. Colors, materials, roof form, windows and window trim shall match those of the existing primary dwelling unit.
3. Secondary dwelling units shall not be for sale but may be rented.
4. Total lot coverage and/or floor area ratio (F.A.R.) shall be as required in the underlying zoning district.
5. A secondary dwelling unit 640 square feet in floor area or less, excluding garage, or with a maximum of one bedroom, shall be required to provide one additional off-street, on-site parking space. For units with two or more bedrooms, two off-street, on-site parking spaces shall be required. These two spaces may be in tandem with each other, but not with the required primary unit parking spaces. No more than one space shall be located within the front yard setback, as regulated by the underlying zoning district.
6. An inspection and report shall be obtained by the applicant from the building official to determine compliance with the State Housing Code for the primary unit, prior to submittal of an application for a secondary dwelling unit permit.
7. Attached secondary dwelling units shall be subject to the following criteria, in addition to criteria (B)(1) through (6) listed above:
a. An increase in the floor area of an existing primary dwelling unit to accommodate an attached secondary dwelling unit shall not exceed 30 percent of the existing dwelling’s floor area, or 640 square feet, whichever is greater. For purposes of calculating the 30 percent floor area garage and accessory structures shall be excluded.
b. An attached secondary dwelling unit shall be limited to a maximum of 1,200 square feet of floor area, excluding garage.
c. An attached secondary dwelling unit shall be subject to the setbacks and height requirements of the underlying zoning district for the primary structure.
d. Access to an attached secondary unit shall not be located on the front of the primary dwelling.
8. Secondary dwelling units detached from the primary residential unit shall be considered detached and shall be subject to the following requirements, in addition to requirements (B)(1) through (6) above:
a. A detached secondary unit shall not exceed 50 percent of the primary dwelling’s floor area, excluding accessory and garage structures.
b. A detached secondary unit is limited to a maximum 1,200 square feet of floor area, excluding garage.
c. A detached secondary unit shall be located to the rear of the primary dwelling unit.
d. A single-story detached secondary unit shall be limited to 15 feet in height. The single-story unit shall be located a minimum of 10 feet from the primary dwelling and side and rear non-street property lines, except when the underlying zoning district of the primary structure is less restrictive, then the underlying zoning district setbacks may be applied.
e. A two-story or second-story, detached secondary unit shall be subject to the height and setback requirements of the underlying zoning district of the primary structure, as measured from the property line to the exterior wall of the second story. (Ord. 1693 § 1, 2003; Ord. 1691 § 1, 2003; Ord. 1223, 1987; Ord. 442 §§ 21.30 – 21.32)
3-10-030 Special requirements – General.
The special requirements specified in LPZC 3-10-040 through 3-10-290 apply to the uses of land or buildings in LPZC 3-10-040 through 3-10-290. (Ord. 1423, 1994; Ord. 1400, 1992; Ord. 649 § 13, 1968; Ord. 442 §§ 21.50, 21.51)
3-10-040 Accessory buildings and uses.
See LPZC 3-05-150 through 3-05-230. (Ord. 1423, 1994; Ord. 1400, 1992; Ord. 649 § 13, 1968; Ord. 442 § 21.51.A)
3-10-050 Agricultural processing.
Agricultural processing plants, canneries, wineries, dairies and similar uses shall show, when required, that performance standards, as such may be reasonably determined by the planning commission, have been met and waste disposal shall be controlled so as not to constitute a nuisance. (Ord. 1423, 1994; Ord. 1400, 1992; Ord. 649 § 13, 1968; Ord. 442 § 21.51.B)
3-10-060 Auto repair garages.
Auto repair garages shall be entirely enclosed within a building and shall provide off-street parking so that all vehicles under repair shall be parked on the property. (Ord. 1423, 1994; Ord. 1400, 1992; Ord. 649 § 13, 1968; Ord. 442 § 21.51.C)
3-10-070 Automobile service stations.
A. Minimum Requirements.
1. No automobile service station structure, equipment or apparatus shall be permitted within 25 feet of any R district.
2. Each automobile service station shall provide, except in required front yards, a six-foot high solid masonry wall and 25-foot wide landscaped strip on all property lines which abut a residential district.
B. Other Uses and Standards. Automobile service stations may be authorized in conjunction with any other commercial or industrial use listed as a permitted use or authorized as a conditional use in the district in which the station is to be located, where the conditional use permit is found consistent with the findings set forth in Chapter 4-20 LPZC and all of the following findings can be made:
1. The location is such that the traffic generation, fumes, noise, light and glare, and similar effects generally associated with automobile service stations will not be detrimental to adjacent residential areas.
2. Any proposed business use in combination with an automobile service station is restricted in size or capacity compatible with the overall site size, shape, design, access, on-site circulation, required parking, and coordination of all uses and activities upon the site to minimize conflicts with public access, public safety, or uses on the property or adjoining properties.
3. The proposed use, site and building architectural design promotes a harmony of design consistent with the location, and the overall urban design theme created by the proposed architectural design is appropriate and consistent with the urban design implementation program design guidelines.
C. Fuel Station/Private.
1. Authorization. Fuel stations may be authorized in any zoning district by the issuance of a zoning use permit as an accessory use for any business or public activity permitted within the zoning district in which the fuel station is proposed.
2. Findings. The zoning administrator shall determine whether the fuel station conforms to the requirements of Chapter 3-30 LPZC regarding the use and storage of hazardous materials.
3. Location Requirements. The issuance of the zoning use permit shall establish any locational or site design requirements necessary to ensure the overall site size, shape, design, access, on-site circulation, required parking, and coordination of all uses and activities upon the site minimize conflicts with public access, public safety, or uses on the property or adjoining properties. (Ord. 1443, 1995; Ord. 1423, 1994; Ord. 1400, 1992; Ord. 649 § 13, 1968; Ord. 442 § 21.51.D)
3-10-080 Bakeries, creameries, laundries, cleaning and dyeing establishments, electric or plumbing sales or repair shops.
Bakeries, creameries, laundries, cleaning and dyeing establishments, electric or plumbing sales or repair shops shall be entirely enclosed within a building or confined within a solid six-foot board fence or masonry wall. (Ord. 1423, 1994; Ord. 1400, 1992; Ord. 649 § 13, 1968; Ord. 442 § 21.51.E)
3-10-090 Cemeteries.
Cemeteries, to include mausoleums and columbaria, when permitted shall be developed in conformance with regulations for the zoning district in which they are located and the following additional regulations:
A. Minimum Site Area. Ten acres.
B. Access. Cemeteries shall have at least one entrance on a major street.
C. Screening. Cemeteries shall be screened with a six-foot high screened chainlink fence or masonry wall in conformance with zoning district regulations for fencing.
D. Front Yards. Required street frontage yards shall be landscaped and permanently maintained. In no case shall a street frontage yard be less than 10 feet, district regulations notwithstanding. (Ord. 1423, 1994; Ord. 1400, 1992; Ord. 649 § 13, 1968; Ord. 442 § 21.51.F)
3-10-100 Crematories, columbaria and mausoleums.
A. Crematories, columbaria and mausoleums shall be permitted as appurtenant uses to a cemetery.
B. Setbacks. For purposes of determining required setback, all buildings shall be considered accessory buildings, except that no building having a height in excess of six feet shall be allowed within a required non-street frontage yard. (Ord. 1423, 1994; Ord. 1400, 1992; Ord. 649 § 13, 1968; Ord. 442 § 21.51.G)
3-10-110 Excavation or material removal.
See LPZC 3-05-300. (Ord. 1423, 1994; Ord. 1400, 1992; Ord. 649 § 13, 1968; Ord. 442 § 21.51.H)
3-10-120 Existing uses.
See LPZC 3-05-010. (Ord. 1423, 1994; Ord. 1400, 1992; Ord. 649 § 13, 1968; Ord. 442 § 21.51.I)
3-10-130 Dwelling groups.
See LPZC 3-05-160. (Ord. 1423, 1994; Ord. 1400, 1992; Ord. 649 § 13, 1968; Ord. 442 § 21.51.J)
3-10-140 Fences, hedges, walls, dividing instrumentality.
See LPZC 3-05-190. (Ord. 1423, 1994; Ord. 1400, 1992; Ord. 649 § 13, 1968; Ord. 442 § 21.51.K)
3-10-150 Flammable liquid storage.
See Chapter 3-30 LPZC, Hazardous Materials. (Ord. 1423, 1994; Ord. 1400, 1992; Ord. 1376, 1992; Ord. 649 § 13, 1968; Ord. 442 § 21.51.L)
3-10-160 Garage or carport.
See LPZC 3-05-150. (Ord. 1423, 1994; Ord. 1400, 1992; Ord. 649 § 13, 1968; Ord. 442 § 21.51.M)
3-10-170 Height of buildings and structures.
See LPZC 3-05-270. (Ord. 1423, 1994; Ord. 1400, 1992; Ord. 649 § 13, 1968; Ord. 442 § 21.51.N)
3-10-180 Home occupations.
Home occupations, as defined in LPZC 1-10-330, which in the opinion of the planning commission are clearly uses secondary to the principal use of a dwelling for dwelling purposes, conform to city ordinances, and which will not adversely affect the public safety, health and general welfare of the neighborhood of which they are a part shall be permitted. In addition to special conditions which may be imposed to accomplish the above objective, home occupations shall conform to the following requirements:
A. No signs to be permitted in conjunction with the use, either affixed to the premises or to any vehicle parked on the premises.
B. No person to be employed to do work appurtenant to the use on the premises other than members of the immediate family residing in the home.
C. In the event outside persons are employed to perform functions of this business away from the premises, parking or storage of employees’ vehicles in the neighborhood is prohibited. All personal employee contact shall occur at the client’s location.
D. No noticeable movement of products, materials, machinery, or equipment in and out of the premises to be permitted in conjunction with the use.
E. Storage of stock shall be limited to 100 cubic feet (approximately the size of a typical residential bedroom closet).
F. Storage of hazardous materials (Chapter 3-30 LPZC) is limited as follows:
1. To one gallon or less total for all combustible liquids, corrosive liquids, class 1 or 2 oxidizers, or class 1 water reactives.
2. To 10 pounds total for all corrosive solids, health hazards, or class 2 oxidizers, or 50 pounds for class 1 oxidizers.
3. To four standard cubic feet of flammable gases, and 500 standard cubic feet of inert or oxidizer gases.
4. No quantities of other hazardous materials classes are permitted in conjunction with a home occupation.
G. Vehicles connected with this business are limited to one vehicle not exceeding an unladen vehicle weight of 4,500 pounds.
H. Retail sales on the premises to be prohibited.
I. No conduct of business with employees, customers or clients to be permitted on the premises except by telephone, and except for home occupation involving individual tutoring, or instruction of juvenile children, except:
1. Home occupation applicants with demonstrated mobility handicaps may be permitted to have incidental client contact at the residential location, subject to review and approval by the planning commission following a public hearing; and
2. The business activity shall involve only minimal numbers of clients at the residential address. “Party-type” sales “events” are prohibited.
J. There shall be no exterior storage at the residence of equipment, vehicles (in excess of the single vehicle), materials or supplies connected with this business.
K. Tools or equipment connected with the business shall be operated so as to be imperceptible at or beyond the property line.
L. A home occupation permit shall be reviewed by the zoning administrator to determine compliance with conditions as stated above.
1. Use To Be Revocable for Cause. Upon receipt of a complaint or on observation of violation of city ordinance or home occupation permit conditions, the planning commission may hold a hearing and investigation to determine whether the use permit is to be revoked.
2. Permit shall be nontransferable.
3. The planning commission is authorized to develop policies necessary to implement these home occupation regulations. (Ord. 1423, 1994; Ord. 1400, 1992; Ord. 649 § 13, 1968; Ord. 442 § 21.51.O)
3-10-190 Hotels.
Hotels shall provide parking space as required and shall maintain any required front yard as a landscaped area, not used for parking. (Ord. 1423, 1994; Ord. 1400, 1992; Ord. 649 § 13, 1968; Ord. 442 § 21.51.P)
3-10-200 Kennels.
Kennels for commercial boarding and/or breeding animals shall not be located closer than 400 feet to any R district and shall show that odor, dust, noise, drainage shall not constitute a nuisance or a hazard to the public welfare. (Ord. 1423, 1994; Ord. 1400, 1992; Ord. 649 § 13, 1968; Ord. 442 § 21.51.Q)
3-10-210 Labor camps.
No labor camp residential or accessory structure shall be located closer than 20 feet from any property line, and not closer than 50 feet from a front lot line. When adjoining an R district, no such structure shall be closer than 100 feet from the adjoining property line. The aggregate labor camp site area shall contain not less than 3,000 square feet of land area for each tent or trailer space or cabin, and no structure shall be closer than 10 feet from any other structure. A developed playground shall be provided for each labor camp, and shall contain not less than 100 square feet of area for each dwelling space or unit. Access road and parking area for a labor camp shall have durable and dustless surface and the area shall be so graded so as to dispose of all surface water accumulated within the area. (Ord. 1423, 1994; Ord. 1400, 1992; Ord. 649 § 13, 1968; Ord. 442 § 21.51.R)
3-10-220 Lots, parcels, and sites.
See LPZC 3-05-040. (Ord. 1423, 1994; Ord. 1400, 1992; Ord. 649 § 13, 1968; Ord. 442 § 21.51.S)
3-10-230 Mortuaries.
Mortuaries, to include crematories, shall be prohibited in the CN districts. In all other C districts, the I districts, or the RM and RG districts, mortuaries, when permitted, shall be developed in conformance with regulations for the zoning district in which they are located. Within the CP, RG, RM, and E districts, mortuaries must have frontage on, and access to, a major street. In all cases mortuaries shall be approved only when it can be found that they will not generate traffic in a manner that will be to the detriment of the area in which they are located or the movement of traffic on streets to which they have direct access. (Ord. 1423, 1994; Ord. 1400, 1992; Ord. 649 § 13, 1968; Ord. 442 § 21.51.T)
3-10-240 Motels.
Motels shall have a minimum site area of one-quarter acre and shall contain not less than 1,000 square feet of ground area for each rental sleeping unit, or 1,500 square feet ground area for each rental unit containing kitchen facilities. No vehicular entrance or exit from any motel shall be within 200 feet from the boundary of a parcel occupied by any school, public park or playground, church, hospital, library, or institution for dependents or children, except where such property is in another block or on another street on which the premises of the motel does not abut. Such uses shall maintain any required front yard as a landscaped strip not used for parking; shall provide, except in required front yard, a six-foot high solid board fence, compact evergreen hedge or masonry wall on all property lines which abut a residential district; and shall provide and maintain a 10-foot wide landscaped strip on all front yard areas which abut residential districts. Swimming pools, tennis courts and similar accessory uses shall be located not less then 10 feet from the property line. (Ord. 1423, 1994; Ord. 1400, 1992; Ord. 649 § 13, 1968; Ord. 442 § 21.51.U)
3-10-250 Nonconforming uses.
See LPZC 3-05-020. (Ord. 1423, 1994; Ord. 1400, 1992; Ord. 649 § 13, 1968; Ord. 442 § 21.51.V)
3-10-260 Nursery or commercial greenhouses and sales area.
Nurseries, commercial greenhouses and sales area: Floor area and coverage shall be determined at the time of site plan approval. (Ord. 1423, 1994; Ord. 1400, 1992; Ord. 1302, 1989; Ord. 649 § 13, 1968; Ord. 442 § 21.51.W)
3-10-270 Public and quasi-public uses.
Public and quasi-public uses shall provide and permanently maintain, except in required front yards, a six-foot-high solid board fence, masonry wall, or chainlink fence on all property lines which abut a residential district or provide a 25-foot-wide permanently maintained landscaped strip. (Ord. 1423, 1994; Ord. 1400, 1992; Ord. 1302, 1989; Ord. 649 § 13, 1968; Ord. 442 § 21.51.X)
3-10-280 Public utility lines or routes and essential services.
The provisions of this code are not applicable to public utility transmission and distribution lines, pipe lines, and the towers, poles and similar necessary installations adjunct thereto; however, the route of proposed electrical transmission lines of 50 KV or more shall be submitted to the planning commission for recommendation prior to acquisition of rights-of-way. (Ord. 1423, 1994; Ord. 1400, 1992; Ord. 649 § 13, 1968; Ord. 442 § 21.51.Y)
3-10-290 Rooming and boarding houses.
Each such use shall provide one off-street parking space, which shall not be located in the required front or side yards, for each two guest rooms or dwelling units provided for compensation. The property owners or residents within 300 feet of said use shall be notified of the proposed use for approval or protests by the zoning administrator. If protest is received from property owners or residents within 300 feet of said proposed location, the application shall be submitted to the planning commission for decision. The planning commission may hold a public hearing on the matter if it is deemed advisable by them. (Ord. 1423, 1994; Ord. 1400, 1992; Ord. 649 § 13, 1968; Ord. 442 § 21.51.Z)
3-10-300 Bed and breakfast uses.
Bed and breakfast uses shall be permitted in RS, R-R, RL, RM, RG, R-2, CN, CO, CP, DO-R, HP, PD-AG and PD-SLV-AG districts subject to a conditional use permit and a home occupation permit. Such uses in a commercial district do not require a home occupation permit. Each such use shall provide required front or side yards for each residential structure. All environmental health regulations shall be met. The owner/operator shall reside on the property. Additions, modifications and new construction of bed and breakfast structures shall be sensitive to, and compatible with, the surrounding neighborhood and may be subject to limitations on the types of events or the number of people permitted at on-site functions. (Ord. 1589 § 8, 2000; Ord. 1400, 1992; Ord. 1175, 1985; Ord. 649 § 13, 1968; Ord. 442 § 21.52)
3-10-310 Subdivision or building construction office.
A. Subdivision or building construction office, sales office, equipment and material yard, and other appurtenant uses shall be located within the subdivision or building site to which they are appurtenant upon issuance of all required permits for construction of such use. A zoning use permit may be granted for a period not to exceed one year. Subsequent applications for continued use may be approved or be denied when it is determined by the zoning administrator that the uses are no longer appurtenant to the tract in which they are located. Only sales of homes within the subdivision shall be permitted in a subdivision sales office.
B. Subdivision Signs. See Chapter 3-45 LPZC. (Ord. 1400, 1992; Ord. 649 § 13, 1968; Ord. 442 § 21.53)
3-10-320 Temporary and intermittent uses.
The following uses are allowed subject to approval of a zoning use permit:
A. A temporary residence on a site in any residential (R) district; provided, that the building meets all zoning requirements of the underlying zoning district and the site is under construction for a permanent single-family residence. Such uses shall be authorized for up to one year.
B. Sleeping quarters for security personnel associated with the construction of any commercial, industrial or residential development. Such sleeping quarters shall meet all requirements of the underlying zoning district and shall be permitted for a period of up to one year.
C. A construction office associated with the construction of any previously approved commercial, industrial or residential development which meets all the zoning requirements of the underlying zoning district. Such uses shall be permitted for a period of up to one year.
D. A tract sales office or model home complex associated with an approved subdivision which meets all zoning requirements of the underlying zoning district. Such uses shall be permitted for a period of up to one year.
E. A seasonal sales lot, such as a Christmas tree lot, for a period not to exceed 40 days.
F. Rallies, circuses, carnivals and similar events in conjunction with an established church, school or membership organization; provided, that the use is on the same contiguous site, or is on a site at least 200 feet from any residence. Permits for such uses shall be authorized for a period not to exceed 10 days twice per year, separated by at least 30 days between uses.
G. Any similar temporary or intermittent use determined by the zoning administrator to be of the same general character as those above, or otherwise specifically permitted in the underlying zoning district. (Ord. 1571 § 1, 2000; Ord. 1400, 1992; Ord. 800 § 1, 1972; Ord. 649 § 13, 1968; Ord. 442 § 21.54)
3-10-330 Nursery school or day care facility.
A. Small Family Day Care. In any R district, a small family day care home for eight or fewer children shall be permitted as an accessory use to a residence.
B. Large Family Day Care.
1. Large family day care homes for nine to 14 children may be permitted in an R district subject to obtaining a home day care permit, which shall be issued upon finding the permit meets the following provisions:
a. A separation of 300 feet from any other large family day care home;
b. Provide one on-site parking space per nonresident employee as established by the state license requirements, plus one additional on-site parking space for pick-up/drop-off purposes;
c. Provide a six-foot-high solid wood fence or masonry wall surrounding all outdoor activity areas.
2. In the event the large family day care home cannot meet one or more of the minimum requirements specified above, the zoning administrator may authorize a zoning use permit which modifies these requirements. All property owners within 100 feet of the boundaries of the proposed home shall be given 10 days’ written notice of the proposed decision by the zoning administrator. The notice shall provide for establishing a public hearing upon a written request by an affected property owner. One or more of the following findings shall be specified in the notice of the proposed approval:
a. Based upon the unique characteristics of the proposed facility, the minimum standards can be met in an alternate manner.
b. The unique location of the facility provides physical separations which are equivalent to the minimum standards.
c. The alternative minimum standards will not have an adverse impact upon the overall residential character of the neighborhood, and will not create adverse impacts to adjoining residential uses. (Ord. 1510, 1997; Ord. 1424, 1994; Ord. 1302, 1989; Ord. 442 § 21.59)
3-10-340 Health facilities.
Health facilities, as defined in the State Code, including community care facilities, hospitals (sanatoriums, nursing homes and maternity homes), mental health facilities, and rest homes (guest homes, boarding homes for the aged), shall be permitted subject to the following regulations:
A. Community care facilities, residential care facilities for the elderly, alcoholism recovery, and homes for mentally disordered, handicapped, dependent and neglected children, six or less persons: permitted in an existing dwelling in any R or OS-A district or the CP district.
B. Community care facilities, residential care facilities for the elderly, alcoholism recovery, and homes for mentally disordered, handicapped, dependent, and neglected children, seven or more persons: permitted in RM and E districts. May be permitted in OS-A, RS, RL, RG, NM, CN, CB, OCA, CO, DOR, and CP districts subject to conditional use permit approval.
C. Off-Street Parking. Shall be provided as stated in Chapter 3-20 LPZC.
D. Screening. When the use abuts an R zone, a six-foot screened chainlink fence, masonry wall, solid board fence, or acceptable equivalent shall be required along all interior lot lines.
E. Additional Building Setback Required. Additional setback may be required as condition to an approved conditional use permit.
F. Signs. Shall be permitted as stated in Chapter 3-45 LPZC.
G. Other Approval. A permit issued under the provisions of this section shall be valid at such time as a copy of a license or permit issued by the appropriate county or state agency is filed with the city planning commission. (Ord. 1736 § 7, 2004; Ord. 1709 § 8, 2004; Ord. 1595 § 7, 2000; Ord. 1302, 1989; Ord. 1051, 1981; Ord. 649 § 14, 1968; Ord. 442 § 21.60)
3-10-350 Drive-in and fast food business.
A drive-in or fast food business (as defined in LPZC 1-10-230 and 1-10-290) may be erected, constructed, established, altered, remodeled or enlarged in any industrial zoning district and in commercial districts, except the CO and CP districts, subject to the following:
A. Drive-in Business. Approval of a conditional use permit (LPZC 4-20-080), subject to the following:
1. Development shall conform to the zoning district site development regulations for the district in which the use is proposed;
2. Development shall be consistent with the policy resolution adopted by the decisionmaking body approving the conditional use permit providing development standards for drive-in uses.
B. Fast Food Business. Approval of a conditional use permit by the appropriate decisionmaking body. (Ord. 1633 § 21, 2001; Ord. 1125, 1983; Ord. 442 § 21.98)
3-10-360 Transferable development credits regulations.1
A. References, Purpose and Definitions.
1. The ordinance codified in this section, as amended from time to time, may be cited as the “transferable development credits ordinance” or the “TDC ordinance.”
2. This section is adopted to implement the land use goals of the city of Livermore as set forth in the North Livermore Urban Growth Boundary Initiative (initiative) and the City of Livermore 2003-2025 General Plan.
3. This section shall govern and control the allocation, transfer and use of development credits between North Livermore and the city of Livermore. Any contradiction, inconsistency or ambiguity between the requirements of this section and any other provision of the Livermore Planning and Zoning Code (LPZC) shall be governed and controlled by the requirements of this section. If not specifically covered in this section, the provisions of the LPZC shall apply.
4. Purpose. The transferable development credits ordinance is designed to be part of a multiple-component approach to open space preservation. The purpose of this section is to protect the agricultural land and other valuable open space of North Livermore and other areas adjacent to Livermore from excessive and irremediably harmful development. This protection will:
– maintain existing agriculture and permit more intensive agriculture in North Livermore;
– preserve the natural qualities, the wildlife, and the beauty and peace of the open landscape, hills and wetlands surrounding Livermore;
– prevent further sprawl by completing an urban growth boundary, which will direct permitted development to existing urbanized areas, thereby contributing to their vitality;
– reduce traffic congestion and hazard;
– limit air pollution and protect public health;
– avoid government expenditure of taxes for extended facilities and services;
– provide for outdoor recreation for residents of the area; and
– generally safeguard the special identity, the heritage and character of Livermore, and the high quality of life in the city.
5. Definitions.
“Baseline density” means the maximum density allowed in TDC receiving areas and TDC receiving zones when property owners choose not to use the TDC option. When property owners choose to use the TDC option, baseline density shall be calculated as the maximum density allowed under the range of densities in the baseline component of the TDC receiving area general plan designation.
“Baseline zoning” means the zoning in effect on TDC receiving area parcels consistent with the baseline density of the parcels.
“North Livermore” is the area bounded by the Livermore Urban Growth Boundary, the City of Dublin Sphere of Influence Boundary on June 30, 2002, the Alameda-Contra Costa Counties boundary, Vasco Road, and the north and east boundary of the Vasco-Laughlin Specific Plan area, east of Vasco Road, on June 11, 2001.
“Transferable development credits (TDCs)” means the credits granted under the initiative that may only be used in compliance with the initiative and this section.
“TDC option” means the general plan designation and LPZC requirements that apply when owners of property in TDC receiving areas and TDC receiving zones apply to exceed baseline density in compliance with all requirements.
“TDC receiving area” means a general plan classification that allows baseline uses and densities when property owners choose not to use the TDC option but provides for higher than baseline density and alternative development regulations when property owners elect to use the TDC option.
“TDC receiving zone” means a zoning district that allows baseline uses and densities when property owners choose not to use the TDC option but provides for higher than baseline density and alternative development regulations when property owners elect to use the TDC option.
“TDC-retiring unit” is a dwelling unit that qualifies to receive an allocation under the city’s housing implementation program.
“TDC sending area” is the North Livermore area described in the initiative and the 2003-2025 General Plan in which property owners can choose to record easements, create TDCs and transfer TDCs in compliance with this section.
B. TDC Sending Areas.
1. The TDC sending area includes all properties within North Livermore. Property owners may chose to participate in the program, even though their property has not been annexed to Livermore.
a. Transferable development credits shall be granted by the city to property owners in North Livermore, by rule in accordance with this section, in number and manner to accomplish the objectives of the North Livermore Urban Growth Boundary Initiative (hereafter, the “initiative”). The city council shall grant credits on the following bases:
i. One credit for each full five acres;
ii. Eleven credits for an owner forgoing the right to create an additional parcel under the initiative;
iii. Ten credits for an owner forgoing the right to any dwelling units on a parcel, which forbearance shall also include the right to any dwelling units on one of the parcels resulting directly or indirectly from any permitted subdivision of that parcel;
iv. Twelve credits for elimination of existing dwelling units and residential accessory structures on a parcel and for the owner forgoing the right to any dwelling units on that parcel, which forbearance shall also include the right to any dwelling units on one of the parcels resulting directly or indirectly from any permitted subdivision of that parcel.
Duplicate credits may not be granted with respect to the same acreage or right forgone, regardless of changes in ownership. Credits given under subsections (B)(1)(a)(ii), (iii), or (iv) of this section may be relinquished to the city prior to use or initial transfer and, if no gift is intended, the right to create a parcel, to build or rebuild as permitted by the ordinance regained and the corresponding easement conveyed under subsection (e) reconveyed. Credits given under subsection (B)(1)(a)(ii) of this section may occur over time and credits may be granted under subsection (B)(1)(a)(ii), (iii) or (iv) of this section at a later time than credits granted under subsection (B)(1)(a)(i) on an individual parcel; provided, that duplicate credits are not granted.
b. Development credits cannot be used in the TDC sending area or in any manner not expressly allowed by this section.
c. Credits may be sold or purchased, or otherwise transferred or received, by any person including the city and other governmental entities. The city may use funds available for that purpose to buy credits, including a revolving fund replenished by the sale of credits. The city may buy and sell credits to establish and maintain an efficacious market for the credits, or to extinguish them. (Extinction of credits may be part of a more general city program to purchase development rights.)
d. Development credits may only be used within TDC receiving zones or to qualify development projects for housing allocations as regulated by this section.
e. As a precondition for the grant of development credits under subsection (B)(1) of this section, the owner shall convey an easement, which runs with the land, to the city and, if available, jointly to an independent land trust that meets the standards of Section 19 of the initiative. As provided in Section 19 of the initiative, the easement shall be negative only. If credits are granted under (a)(1) [of the initiative], the easement shall bar any future land division, development or use not permitted by initiative on the parcel where the acreage is located. If credits are granted for forgoing the right to create a parcel under (a)(2)[of the initiative], the easement shall relinquish that right permanently. If the credits are granted under (a)(3) or (a)(4) [of the initiative] for foregoing all dwelling units on a parcel, the easement shall relinquish the right to any dwelling units or any other development on the parcel, or on one of the parcels resulting directly or indirectly from any permitted subdivision of that parcel, except development under Section 12(2) [of the initiative] for agricultural use and under Section 12(3) [of the initiative] for the packaging, processing, storage or sale of produce or plants as set forth in the Initiative. Easements shall be duly recorded in the county land records.
f. Credits shall not be granted and easements shall not be acquired for properties which are subject to other agricultural or open space easements or similar restrictions that have barred or forgone land division, development or uses substantially the same as that which would be barred or forgone as described in subsection (B)(1)(e) of this section. Conversely, credits may be granted and permanent easements acquired on land that has less restrictive easements.
2. The city shall establish appropriate means to inform persons about the development credits program and to facilitate transfer of credits from transferors to transferees. The city shall have procedures and requirements to ensure that it has accurate records of development credit grants, transfers and use. Administrative procedures shall include but not necessarily be limited to the following: application requirements, easement components, processing steps and documentation of credit issuance, transfer and redemption.
C. TDC Receiving Areas. TDC receiving areas are identified in the 2003-2025 General Plan or any subsequent general plan amendments that allow for new residential land use designations or increases in residential density. When properties are within specific plan areas, the specific plan for that area shall set forth TDC provisions, if any. TDC receiving area general plan designations establish baseline uses and densities. When properties are within specific plan areas, the specific plan for that area shall set forth TDC provisions, if any. Owners of land with a general plan designation of TDC receiving area who do not choose to exceed baseline density may decline the TDC option and continue to use their property in compliance with existing zoning. (See additional requirements in subsection (E) of this section regarding TDC receiving areas with industrial baseline zoning.)
Alternatively, owners of property with a TDC receiving area general plan designation may choose the TDC option and exceed baseline density when the zoning of their land has been changed to a TDC receiving zone and all requirements of that zoning district including the TDC requirements of subsection (D) of this section have been complied with. The three types of TDC receiving zones are set forth below.
1. TDC Combining District. The TDC combining district is a zoning district that implements the provisions of a TDC receiving area general plan designation when a property owner chooses to use the TDC option.
a. Owners who elect not to use the TDC option shall comply with all use and development regulations that apply within the zoning district corresponding to the baseline classification of the TDC receiving area general plan designation.
b. Owners who elect to use the TDC option shall comply with all use and development regulations that apply within the zoning district corresponding to the TDC combining district of the TDC receiving area general plan designation as well as all other requirements of this section including the TDC requirements of subsection (D) of this section.
c. The TDC option is only available to developments that achieve the density range set forth in the corresponding TDC receiving area general plan designation.
2. Planned Development District. Owners of property with a TDC receiving area general plan designation may use the TDC option by applying for a planned development district or PD (Chapter 2-76 LPZC). To use the TDC option, the PD shall incorporate all provisions of the corresponding TDC receiving area general plan designation and this section including, but not limited to, adherence to the residential density range called for in the general plan and compliance with the TDC requirements set forth in subsection (D) of this section.
3. Zoning Districts Incorporating TDC. When the city has created zoning districts that independently implement all provisions of a TDC receiving area, the zoning of a property within a corresponding TDC receiving area may be changed to that TDC receiving zone. Following the change of zoning, owners may decline to use the TDC option and continue to use the property under the baseline zoning and density set forth by the applicable TDC receiving zone. Alternatively, owners may choose to use the TDC option and exceed the baseline density in compliance with all regulations of the TDC receiving zone including the TDC requirements set forth in subsection (D) of this section.
D. TDC Requirements. To exceed baseline density in a TDC receiving zone, owners shall submit:
1. Two TDCs for each single-family detached dwelling in excess of baseline density (or one TDC for each single-family detached dwelling in excess of baseline density for developments with applications accepted as complete prior to January 26, 2004); and
2. One-half TDC for each multifamily attached dwelling in excess of baseline density; or
3. Payment of the TDC in lieu fee for each required TDC.
The TDC in lieu fee is contained in the city’s fee schedule. The TDC in lieu fee shall be reviewed not less than bi-annually. The city council may amend the TDC in lieu fee as necessary.
Revenues from TDC in lieu fees shall be used for the acquisition of TDCs from North Livermore. Other than TDC acquisition, revenue from TDC in lieu fees shall only be used for costs incurred in administering the TDC program including but not necessarily limited to facilitating TDC transactions, preparing/recording TDC easements, monitoring/enforcing easements and maintaining records. TDC in lieu fee revenues may be used to offset the administration costs incurred by the city and/or by a land trust authorized by the city to administer portions of the TDC program.
E. Special Requirements. TDC receiving areas with an industrial baseline classification in the TDC receiving area general plan designation shall not be rezoned as a TDC combining district unless all properties within the TDC receiving area are rezoned as a TDC combining district. After the TDC receiving area has been rezoned, an owner of property within this zone may elect to use either the baseline zoning or the TDC option on any single lot. If the first lot to be developed in this TDC receiving zone uses the residential TDC option, all future uses and structures on other lots within the TDC receiving area that are only allowed under the baseline industrial zoning shall be conditional uses and shall require approval of a major conditional use permit as provided under LPZC 4-20-012. If the first lot to be developed in this TDC receiving area uses the industrial baseline zoning, future use of the residential TDC option on other lots within this TDC receiving area shall be conditional uses and shall require approval of a major conditional use permit as provided under LPZC 4-20-012. The city council shall place conditions on uses, site plans and building design as needed to maximize compatibility between industrial and residential developments pursuant to the findings required by LPZC 4-20-100 and 4-20-110.
F. Satisfaction of TDC Requirements.
1. When a final subdivision map would create an entitlement to exceed baseline density in a TDC receiving zone, submission of the required number of TDCs or payment of the corresponding TDC in lieu fee must be a condition of approval placed on the tentative map. This condition shall be satisfied prior to final map approval.
2. When site plan approval would create an entitlement to exceed baseline density in a TDC receiving zone, submission of the required number of TDCs or payment of the corresponding in lieu fee must be a condition of approval. This condition shall be satisfied prior to issuance of building permits.
3. The city council may, by resolution, adopt administrative guidelines to provide a special fee deferral program in response to unprecedented conditions such as extraordinary economic changes.
G. TDC Requirements for Affordable Housing Units. Housing units that are covered by an affordable housing agreement with the city shall be exempt from the TDC requirements. Affordable housing units may include very-low and low income units provided under state law as implemented through LPZC 3-05-090, affordable units provided consistent with other general plan policies, or units provided consistent with the city’s inclusionary housing requirements (LMC 18.32.035).
H. Housing Allocations for TDC-Retiring Units. An average of up to 200 TDC-retiring units per year shall be granted allocations under the housing implementation program for a period of 10 years (2005-2014) ending on December 31, 2013. A maximum of 2,000 TDC-retiring units shall be allocated during this 10-year period. TDC-retiring units granted allocations are not required to participate in the city’s annual, competitive HIP process for the first 10-year cycle but will be counted as part of the city’s overall growth rate. Unused allocations for TDC-retiring units in the first 10-year cycle may be carried over into subsequent years. After January 1, 2014, the number of TDC retiring units granted additional allocations will be subject to the city’s adopted growth rate.
1. All housing units (both within and in excess of baseline density) in a development approved to exceed baseline density in TDC receiving zones shall be TDC-retiring units and shall qualify for housing allocations. (As set forth in subsection (C) of this section, the TDC option is only available to developments that achieve the density range called for in the general plan.)
2. Housing developments that do not need TDCs for density bonus shall qualify for housing allocations when the developer nevertheless submits:
a. Two TDCs for each single-family detached dwelling; and
b. One-half TDC for each multifamily attached dwelling; or
c. Payment of the TDC in lieu fee for each required TDC.
I. Additional TDC Program Provisions.
1. The city council or agencies authorized by the city council to implement the TDC program may concentrate the use of funds under their control to prioritize TDC acquisitions in selected portions of North Livermore in order to achieve the overall goals of the North Livermore initiative.
2. The city may coordinate with a nonprofit organization to help in implementing the TDC program. Such assistance could include authorizing the nonprofit organization, under city council direction, to hold and enforce easements, acquire and sell TDCs, create a registry of interested buyers/sellers, maintain records of transactions and advise the city of needed program refinements.
3. Either directly or through an authorized agency, the city may acquire TDCs using funding from settlement agreements, mitigation agreements, general fund, loans, grants and other sources appropriate for the acquisition of open space. (Ord. 1891 § 1, 2009; Ord. 1734 § 1, 2004)
3-10-370 Superstores.
Superstores, as defined in LPZC 1-10-597, are prohibited in all zoning districts. (Ord. 1809 § 3, 2007)
3-10-380 Cardrooms.
Cardrooms, as defined in the municipal code, shall be permitted subject to Chapter 5.20 LMC and the following regulations:
A. Cardrooms shall be permitted as a conditional use in the commercial service zoning district or a planned development district based on the commercial service zoning district. The conditional use permit provisions stated in Chapter 4-20 LPZC shall apply.
B. Cardrooms shall not be located less than 1,000 feet, measured between property lines, from an existing public or private elementary, middle or high school or property designated for elementary, middle or high school use in the general plan.
C. Cardrooms shall not be located less than 1,000 feet, measured between property lines, from another cardroom.
D. Development shall conform to the site development standards of the zoning district in which the cardroom is proposed.
E. Cardrooms requesting expanded services as defined in Chapter 5.20 LMC shall be subject to a development agreement in addition to a conditional use permit. The development agreement shall provide the applicant assurance for the expanded services and require the applicant provide a public benefit. The development agreement provisions stated in Chapter 4-25 LPZC shall apply.
F. Temporary fundraising events by a non-profit organization that involve card games shall not be subject to the regulations herein. Such events shall be considered a temporary and intermittent use as defined in LPZC 3-10-320(F) and shall be subject to the zoning use permit provisions of Chapter 4-05 LPZC and other applicable ordinances. (Ord. 1884 § 1, 2009)
Code reviser’s note: The portions of this section in italics are repeated from the North Livermore Urban Growth Boundary Initiative and are not subject to amendment except by voter approval.