City of Lafayette Staff Report Planning Commission

Transcription

1 City of Lafayette Staff Report Planning Commission Meeting Date: January 16, 2018 Staff: Re: Sarah Allen, Emily Carroll, Niroop Srivatsa ZT05-17 City of Lafayette (Applicant): City-initiated zoning text amendment for a comprehensive update to Chapter 6-4 of the Lafayette Municipal Code (Activity Classifications). EXECUTIVE SUMMARY This report introduces the revised land use definitions currently known as Activity Classifications. Updating the Activity Classifications was discussed during the review of the Downtown Specific Plan (DSP). The land uses listed in the DSP are much simpler and more concise than those in the current downtown zoning districts and the update aims to make the zoning consistent with direction from the DSP. The proposed changes will impact several sections of the Lafayette Municipal Code (LMC) including the Parking Ordinance, General Provisions and each zoning district. Staff expects discussion surrounding these suggested modifications will continue over multiple meetings to ensure a comprehensive understanding of how they operate with the other relevant sections of the code. Staff is seeking feedback on the updated definitions during this meeting and will return to the Commission for review of the zoning district modifications to ensure they reflect the direction and intent of the DSP. BACKGROUND On October 16, 2017 Planning Staff introduced the work completed to date on revising the city s land use definitions which is a task required to implement the Downtown Specific Plan (DSP). Given the complexity of the various zoning text amendments currently underway and the amount of information to cover, a subcommittee of the Planning Commission was formed to review the documents in more detail before bringing the update back to the entire Commission. The subcommittee met on December 20, 2017 where staff provided a holistic picture of the proposed changes to the various sections of the zoning ordinance. The subcommittee provided feedback to staff on how to present the information. The subcommittee asked staff to first review the different categories, then the definitions, then how each fits into the land use district and finally a comprehensive review including the updated parking ordinance. This report reviews the first two portions of the task categories and definitions. Page 1 of 3

2 Planning Commission ZT05-17 Land Use Classifications Staff Report January 16, 2018 GOALS While updating the Land Use Definitions, staff kept three main goals in mind: 1. Implement the DSP. The revised definitions should help to further the vision and direction of the DSP. 2. Simplify categories and classifications. The classifications should be simplified and consolidated whenever possible. As an example, several different types of automotive uses ( auto repair and cleaning, auto sales, rental and delivery and auto servicing ) are called out separately in the current code. The update proposes two classifications Automotive maintenance and Automotive sales & rental which provides clarity and reduces three classifications into two. 3. Assemble and coordinate all classifications. The update should be comprehensive meaning that all land uses can be found in this one section rather than being scattered throughout the zoning code. The keeping of livestock was only defined in the General Provisions section of the code, but now it is proposed to be called Ranching and can be found in the Land Use Classifications. Additionally, categories that are not land uses per se have been removed. For instance, greenhouse is a type of building and not a land use. RELATED CODE SECTIONS There are several sections of the code that will need to be amended for consistency, to avoid repetition and to implement the DSP. The current discussion should focus solely on the definitions. The locations of the land use and whether or not a land use permit is required will be reviewed in a separate discussion. The goal is to ensure the definition encompasses the use, not the impacts of the use or where the use is allowed. Land Use Classifications General Provision Definitions Parking Zoning Districts The attached Zoning Text Amendment Explanation Chart helps explain the different updates and how they are related. MAJOR CHANGES The major changes to the Draft Land Use Classifications section include the following: 1. Changed the title from Activity Classifications to Land Use Classifications 2. Categorized and alphabetized the terms for ease of use 3. Clarified the applicability and process section to include uses that are prohibited or that require special approvals 4. Updated definition content: Simplified language Combined like uses Removed non-uses Page 2 of 6

3 Planning Commission ZT05-17 Land Use Classifications Staff Report January 16, 2018 Removed parameters (ex. with a drive-thru ) CATEGORIES The updated land use classifications have been organized into categories. This was done for ease of use when searching Chapter 6-4. The names of each of the categories capture a set of related uses. Below is a table comparing the proposed organization and the existing layout. Proposed 1. Animals & Farming a. Animal clinic b. Animal farming c. Commercial breeding & boarding d. Crop farming e. Ranching 2. Automotive & Transportation a. Automotive maintenance b. Automotive sales & rental c. Parking 3. Community a. Civic b. Community assembly 4. Educational & Recreational a. Athletic b. Childcare & nursery schools c. Educational d. Entertainment 5. Housing a. Duplex unit b. Dwelling unit c. Emergency shelter d. Multiple-family unit e. Accessory Dwelling Unit f. Single-family unit g. Single Room Occupancy h. Townhouse unit 6. Office a. Professional Office b. Small-scale manufacturing and research & development 7. Residential Use Existing General Administrative activity Administrative civic activity Repealed Animal care commercial activity Automotive repair and cleaning activity Automotive sales, rental and delivery activity Automotive servicing activity Reserved Community assembly and education activity Business and communication service activity Commercial automotive fee parking activity Commercial laundry or dry cleaning activity Commercial recreation activity Consultative service activity Construction sales and service activity Convenience market activity Day-care and educational services activity Fast-food restaurant activity Financial service activity Firearm sales Supportive care Full-service restaurant activity General commercial sales and service activity General food sales activity General personal service activity General retail sales activity Light manufacturing and research activity Limited child-care activity. Page 3 of 6

4 Planning Commission ZT05-17 Land Use Classifications Staff Report January 16, 2018 a. Home occupation b. Residential business c. Residential care d. Residential conversion 8. Retail & Food Sales a. Eating & drinking establishment b. Market c. Retail 9. Service a. Hospital b. Hotel & motel c. Personal Service d. Storage & warehouse e. Undertaking & funeral Medical marijuana dispensary Medical service activity Kennel activity Multiple pet activity Real estate service activity Self-service laundry or retail dry cleaning activity Repealed Hotels and motels activity Undertaking service activity Utility distribution and civic service activity Home/business furnishings activity Sales representatives and goods brokers activity Hospital. 10. Utility a. Oil drilling b. Utility distribution c. Wind energy conversion system d. Wireless communication DEFINITIONS Staff drew from the existing Activity Classifications, Definitions and General Provisions to develop the new language for each use. The DSP did not create any new categories or uses, rather it reorganized and simplified the existing uses. Generally, language was taken directly from DSP and in other cases the DSP uses were included in a broader definition. For example, Civic and cultural was condense to Civic however the definition includes cultural uses. The focus of this report is to discuss the categories and definitions - the foundation of the entire zoning ordinance. While reviewing the definitions cannot be done in a vacuum, it is the starting point to begin the discussion. The major question to consider when reviewing each definition is: Does this definition capture the type of use? Questions about how the business operates should not be considered at this time. The second phase of the review will include the definitions in context with the zoning districts and also consider when and where uses are permitted by right or require a land use permit. At that time the Commission will consider the operational characteristics of a type of use and how that should be restricted or mitigated. The definitions can be amended or augmented to support the policy decisions of the Planning Commission as the review progresses. Finally, the Planning Commission will consider all components of Title 6 modified by the update in a comprehensive review. To guide the discussion, staff will review each definition in the order they appear in the draft version of the ordinance. During this review Commissioners should keep in mind the objective is to broadly define the most general characteristics and parameters of the use; further limitations such as with a drive- Page 4 of 6

5 Planning Commission ZT05-17 Land Use Classifications Staff Report January 16, 2018 thru should be prescribed within the zoning districts, not in the definition. The Commission should keep in mind the following when reviewing the merits of a definition: Who. The City cannot regulate which tenant occupies a building. What. This is the land use definition. What is happening within the building? When. Restrictions on the hours of operation should be included in the zoning or in land use permit conditions of approval, not in the definition. Where. The location for each use is specified in the zoning district, not in the definition. How. The functional characteristics of a use can be restricted through other sections of the code such as loading zones or parking. For example: Do: Animal clinic means the provision of medical services for animals. Don t: Animal clinic means the provision of medical services for animals for less than 24-hrs at a time, for no more than 20 animals excluding equestrian animals and livestock. If parameters on hours of operation, number or type of animals is appropriate, this would be best suited to be outlined in the zoning district or in the conditions of approval. In all cases an animal clinic requires a land use permit. This is due to the potential for impacts and will allow the Commission to mitigate them. Definitions should describe the primary use even if there may be secondary uses associated. For example, boarding may be a component of animal clinic; however, that is not the primary use. Another example is a deli or hot food section within a grocery store (market). The primary use is the sale of groceries and the sale of hot food or deli items is incidental to the main use. ENVIRONMENTAL REVIEW The environmental analysis for this project is in progress and has not yet been completed. Staff is still reviewing this zoning code update as it relates to the California Environmental Quality Act (CEQA) and the Environmental Impact Report done for the DSP. Environmental review and determination will be complete prior to the Planning Commission taking action. STAFF RECOMMENDATION Provide feedback on the Draft Land Use Classifications and continue the matter to February 5, TENTATIVE TIMELINE Given that the land use definitions touch several other elements of Title 6 - Planning and Land Use staff will bring the topic back to the Planning Commission for further discussion as it relates to each of the sections. ATTACHMENTS 1. DRAFT Land Use Classifications 2. Current Activity Classifications Page 5 of 6

6 Planning Commission ZT05-17 Land Use Classifications Staff Report January 16, Use Classification Translation Table 4. DSP & Permitted Uses Map 5. Zoning Text Amendment Explanation Chart Page 6 of 6

7 Chapter 6-4 LAND USE CLASSIFICATIONS Sections: Applicability 1. The land use classifications listed in this chapter are applicable to parcels within all zoning districts. Land use classifications not listed in the zoning district are not permitted in that district. 2. Unregulated uses are not regulated by the Lafayette Municipal Code (LMC) and include local agencies and utilities and pipelines. 3. Prohibited uses are land use classifications not defined in this chapter and which are not permitted in the City of Lafayette including: a. Any use or activity which is prohibited by local, regional, state, or federal law b. Discharging a firearm pursuant to Chapter 8-6 LMC c. Gambling pursuant to Chapter 8-4 LMC d. Helicopters pursuant to Chapter 8-11 LMC e. Medical marijuana as defined by State of California Health and Safety Code f. Parking, vehicle storage and repairs pursuant to Chapter Certified uses require City approval and certification by other departments or agencies, and include but are not limited to: a. Bingo pursuant to Chapter 4-2 LMC b. Childcare and nursery schools pursuant to State of California Health and Safety Code c. Cottage food operation pursuant to State of California Public Health Regulations d. Firearm sales pursuant to Chapter 8-6 LMC e. Fortune telling pursuant to Chapter 4-1 LMC f. Funeral & undertaking pursuant to the State of California Department of Consumer Affairs Cemetery and Funeral Bureau g. Manufactured unit pursuant to Section LMC h. Massage establishments pursuant to Chapter 4-5 LMC i. Motorcycles and other motor-driven vehicles pursuant to Chapter 8-10 LMC j. Senior residential care pursuant to Chapter LMC Process 1. The Planning Director shall make a determination to categorize a proposed use to the most compatible land use classification defined in this chapter. 2. The Planning Commission shall make a determination on other compatible uses. 3. To appeal a Planning Director or Planning Commission determination of a land use classification, a person shall file a notice of appeal pursuant to Chapter 6-2, Article 3 LMC Definitions For the purpose of this chapter, the following definitions shall apply: Page 1 of 6

8 1. Accessory use means a use incidental and secondary to the principal use. 2. Local agencies means an agency of the state for the local performance of governmental or proprietary functions within limited boundaries such as public schools and transit pursuant to Government Code Sections through Mixed use means a combination of different uses on the same parcel. 4. Non-conforming use means a use that does not conform to the LMC and is subject to the provisions of Chapter 6-5, Article 2 LMC. 5. Principal use means the primary use of a lot, building, or space. 6. Temporary use means a use that is established for a fixed period of time, with the intent to discontinue the use upon the expiration of such time; and does not involve the construction or alteration of any permanent structure and is subject to the provisions of Section LMC. 7. Other compatible use means a land use classification which is not defined in this chapter but is consistent with the purpose and allowable uses of the zoning district in which it is located. 8. Utilities & pipelines means the use of land for rights-of-way for the construction, maintenance and repair of public utilities and publicly owned facilities, and for privately owned pipelines for the transportation of oil, gas, water and other substances transportable by pipelines Land Use Classifications 1. Animals & Farming a. Animal clinic b. Animal farming c. Commercial breeding & boarding d. Crop farming e. Ranching a. Animal clinic means the provision of medical services for animals. b. Animal farming means the raising and keeping of small farm animals. c. Commercial breeding & boarding means the keeping of animals for commercial purposes such as boarding, breeding, wholesaling, training and similar purposes, but not including veterinary or medical treatment, grooming, hospitalization, impoundment or retail sales, nor killing of such animals. d. Crop farming means the tilling of soil and the raising of crops, or the farming of trees, also known as horticulture; Medical marijuana see Prohibited Section 6-401(3) LMC. e. Ranching means the raising and keeping of livestock. 2. Automotive & Transportation a. Automotive maintenance servicing b. Automotive sales & rental c. Parking Page 2 of 6

9 a. Automotive maintenance servicing means the repair or maintenance of motor vehicles, such as installing accessories, washing and polishing, painting, selling automotive products, selling petroleum products, and servicing. b. Automotive sales & rental means the retail sale, wholesale, or rental of motor vehicles from the premises. c. Parking means the establishment and operation of any building, structure, or parcel designed to be used for the parking of motor vehicles as a primary use; Helicopter Landing see Prohibited Section 6-401(3) LMC. 3. Community a. Civic b. Community assembly a. Civic means a facility which provides or supports a public service for the purpose of health and safety, institutional, or cultural uses, such as government office, fire and police stations, libraries, parks, and public parking lots. b. Community assembly means a facility where a group of people gather for a common reason such as clubs, lodges, meeting halls, and religious institutions; Athletic facilities see Athletic ; Theatres see Entertainment. 4. Educational & Recreational a. Athletic b. Childcare & nursery schools c. Educational d. Entertainment a. Athletic means facilities that are used for physical activities and participation sports. 1. Indoor athletic means the provision of athletics for one or more people in an enclosed facility such as indoor basketball courts, swimming pools, yoga, martial arts, and dance studios. 2. Outdoor athletic means the provision of athletics in an area primarily designed or intended to be used for a sport or game activity such as recreation courts, golf courses, and horse riding facilities; Off-road vehicle see Certification Section 6-401(4). b. Childcare & nursery schools means the provision of care, protection, and supervision of pre-kindergarten children typically in the provider's primary residence, for periods of less than 24 hours per day see Certification Section 6-401(4). c. Instructional means an institution that provides teaching services, such as tutoring, educational or instructional classes, schools, colleges, and universities; Public schools see Unregulated Use Section 6-401(2). Page 3 of 6

10 d. Entertainment means the provision of recreation and amusement to assembled groups of spectators or participants such as bowling, skating rinks, stadiums, and theatres; Bingo see Certification Section 6-401(4). 5. Housing a. Duplex unit b. Dwelling unit c. Emergency shelter d. Multiple-family unit e. Accessory Dwelling Unit f. Single-family unit g. Single Room Occupancy h. Townhouse unit a. Duplex unit means two dwelling units sharing a common wall. b. Dwelling unit means an independent living facility, including provisions for eating, sleeping, and sanitation, for one family; Senior Housing (j). c. Emergency shelter means a type of temporary housing providing shelter for homeless individuals and families, for up to 6 months; pursuant to Chapter 6-35 d. Multiple-family unit means a single building containing three or more dwelling units. e. Accessory Dwelling Unit means a secondary dwelling unit detached or attached to the primary dwelling unit on the same parcel. f. Single-family unit means one dwelling unit located on a single lot of its own; Manufactured Unit see Certification Section 6-401(4). g. Single Room Occupancy means a residential building that includes multiple single rooms, where each room is for occupancy by a single eligible person. The property contains food preparation or sanitary facilities, which may be communal or individual. h. "Townhouse unit" means three or more dwelling units with a common wall or walls bordering the adjacent unit and with no units above or below. 6. Office a. Professional Office b. Small-scale manufacturing and research & development a. Professional Office means an establishment where executive, management, administrative, medical, dental, consultative, or clerical activities are conducted. b. Small-scale manufacturing, and research & development means a limited-volume function of on-site production, processing or examination of goods which does not create noise, odor, dust, smoke or vibration which might be obnoxious or offensive to persons residing or conducting business on neighboring properties. Page 4 of 6

11 7. Residential Use a. Home occupation b. Residential business c. Residential conversion d. Supportive care a. Home occupation means an activity conducted by a person at their primary residence as a means of livelihood or in expectation of profit, with not more than one nonresident employee; Cottage Food Operations see Certification 6-401(4). b. Residential business means an activity conducted by a person at their primary residence as a means of livelihood or in expectation of profit, with more than one nonresident employee; Cottage Food Operations see Certification 6-401(4). c. Residential conversion means converting or replacing a dwelling unit with a nonresidential use. d. Supportive care means the provision of accommodations for a number of unrelated people that live together in need of care, support, or supervision. 8. Retail & Food Sales a. Eating & drinking establishment b. Market c. Retail a. Eating & drinking establishment means the serving and sale of prepared foods and beverages, for on-site or off-site consumption. b. Market means the retail sale of food and beverages for off-site preparation or consumption. c. Retail means the sale of goods which are for end users and not for manufacturing or resale; Food and beverages see Market ; Medical marijuana see Prohibited Section 6-401(3). 9. Service a. Hospital b. Hotel & motel c. Personal Service d. Storage & warehouse e. Undertaking & funeral a. Hospital means an institution providing medical or surgical treatment and care for the recovery of people with major illnesses or injuries on an inpatient and outpatient basis which may include ambulance bays, trauma units, maternity wards, intensive care units or pharmacies. Page 5 of 6

12 b. Hotel & motel means the provision of lodging, dwelling or sleeping quarters to transient travelers which may include concierge services, housekeeping, spa facilities, recreational facilities, eating and drinking facilities and standard check-in and checkout times. c. Personal Service means the provision of assisting individuals or businesses with personal care, cleaning or repair of apparel, mailing, printing, retail banking, or similar services of a nonprofessional nature which are not needed frequently; Fortune Telling see Certification; Massage Establishments see Certification; Laundry & dry cleaning over 2,000 sq. ft. see Prohibited Section 6-401(3). d. Storage & warehouse means the establishment and operation of any building, structure, or parcel, designed to be used for storage such as self-storage units. e. Undertaking & funeral means the provision of undertaking and funeral services involving the care and preparation of the human dead prior to burial or cremation; see Certification Section 6-401(4). 10. Utility a. Oil drilling b. Utility distribution c. Wind energy conversion system d. Wireless communication a. Oil drilling means the process of exploring and drilling for fossil fuels and minerals. b. Utility distribution means the maintenance, operation, and installation of the following which are operated for public benefit: 1. Communications equipment installations and exchanges, except for Wireless Communications Facilities; 2. Electrical substations; or 3. Natural gas substations. c. "Wind energy conversion system" means a device designed or used for the purpose of converting wind energy into electrical or mechanical power, including all interconnection and auxiliary equipment. d. Wireless communication means an unstaffed facility, generally consisting of antennas, an equipment cabinet or enclosure building, shed, or shelter, and related equipment, which receives and/or transmits radio frequency, electromagnetic, or other wireless signals for the purpose of transmitting voice or data. Page 6 of 6

13 Planning & Building Department 3675 Mt. Diablo Boulevard, Suite 210 Lafayette, CA Tel. (925) ACTIVITY CLASSIFICATIONS Sections: General Administrative activity Administrative civic activity Repealed Animal care commercial activity Automotive repair and cleaning activity Automotive sales, rental and delivery activity Automotive servicing activity Reserved Community assembly and education activity Business and communication service activity Commercial automotive fee parking activity Commercial laundry or dry cleaning activity Commercial recreation activity Consultative service activity Construction sales and service activity Convenience market activity Day-care and educational services activity Fast-food restaurant activity Financial service activity Firearm sales Supportive care Full-service restaurant activity General commercial sales and service activity General food sales activity General personal service activity General retail sales activity Light manufacturing and research activity Limited child-care activity Medical marijuana dispensary Medical service activity Kennel activity Multiple pet activity Real estate service activity Self-service laundry or retail dry cleaning activity. Page 1 of 7

14 6-435 Repealed Hotels and motels activity Undertaking service activity Utility distribution and civic service activity Home/business furnishings activity Sales representatives and goods brokers activity Hospital General. The planning director shall assign each type of business or other economic activity to one of the activity classifications defined in this chapter. His decision as to each assignment shall be appeal able once as provided in Section of this title. The planning director shall keep a list of uses that have been determined to be included in each activity classification. (Ord (part), 1980) Administrative activity. Administrative activity means the executive, management, administrative and clerical activities of private, profit-oriented firms, including public utility administrative offices. (Ord (part), 1980) Administrative civic activity. Administrative civic activity means the local offices of state and federal legislators, city administrative offices and chamber of commerce offices. (Ord (part), 1980) Repealed by Ordinance Animal care commercial activity. Animal care commercial activity means the provision of animal care, treatment, grooming and boarding services. (Ord (part), 1980) Automotive repair and cleaning activity. Automotive repair and cleaning activity means the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. (Ord (part), 1980) Automotive sales, rental and delivery activity. Automotive sales, rental and delivery activity means the retail or wholesale sale or rental, from the premises, of motor vehicles, with incidental maintenance, as well as the retail or wholesale sale or rental, from the premises, of any type of goods where orders are placed predominantly by telephone or mail order with delivery being provided by motor vehicle. (Ord (part), 1980) Automotive servicing activity. Automotive servicing activity means the sale, from the premises, of goods and the provision of services which are generally required in the operation and maintenance of automotive vehicles and the fulfilling of motorist needs, including sale of petroleum products together with sale and servicing of tires, batteries, automotive accessories and replacement items, lubricating services, and performance of minor repairs. (Ord (part), 1980) Page 2 of 7

15 6-409 Reserved Community assembly and education activity. Community assembly and education activity means and consists of activities typically performed by, or at, the following institutions or installations: (a) Churches, temples, synagogues and other religious institutions; (b) Private clubs, lodges, meeting halls and recreation facilities, such as golf clubs, swimming pools and tennis clubs, whether or not operated for profit; (c) Public, parochial and private schools, including elementary, intermediate and high schools. (Ord , 1981) Business and communication service activity. Business and communication service activity means the provision to firms and individuals of services of a clerical, communication or minor processing nature, including multicopy and blueprinting services, but excluding printing of books, other than pamphlets and small reports. (Ord (part), 1980) Commercial automotive fee parking activity. Commercial automotive fee parking activity means the parking and storage of motor vehicles on a fee basis, including those fee or non-fee basis facilities operated by or contracted by the city. (Ord (part), 1980) Commercial laundry or dry cleaning activity. Commercial laundry or dry cleaning activity means the wholesale cleaning or repair of personal apparel or other household or institutional goods, but excluding self-service laundry and retail dry cleaning. (Ord (B), 1987: Ord (part), 1980) Commercial recreation activity. Commercial recreation activity means the provision of entertainment, amusement and athletic services to assembled groups of spectators or participants. (Ord (part), 1980) Consultative service activity. Consultative service activity means the provision of advice, designs, information or consultation of a professional nature, such as architects, engineers, attorneys or accountants. (Ord (part), 1980) Construction sales and service activity. Construction sales and service activity means construction storage and incidental storage activities performed by construction contractors on lots other than construction sites, also the storage of heavy equipment, trucks or other vehicles, as well as the retail or wholesale sale, from the premises, of materials used in construction of buildings or other structures, other than paint, fixtures and hardware. (Ord (part), 1980) Convenience market activity. Page 3 of 7

16 Convenience market activity means the retail sale of food, beverages and small personal convenience items, primarily for off-premises consumption and typically found in establishments with long or late hours of operation and a relatively small building; but excludes delicatessens, other specialty food shops and establishments which have a sizable assortment of fresh fruits and vegetables and fresh-cut meat. (Ord (part), 1980) Day-care and educational services activity. Day-care and educational services activity means the following: (a) Child-care services for seven or more children, provided, however, that care for four or more children be provided only in facilities licensed by a state or county agency; (b) Nursery schools and kindergartens. (Ord (part), 1980) Fast-food restaurant activity. Fast-food restaurant activity means the retail sale of ready-to-eat cooked foods and beverages, for on-premises or off-premises consumption, wherever the foods and beverages are available upon a short waiting time and primarily served in or on disposable wrappers, containers or plates. (Ord (part), 1980) Financial service activity. Financial service activity means the provision of financial advice, receiving, deposit, lending or changing of money, such as banks, savings and loans, and finance companies. (Ord (part), 1980) Firearm sales. Firearm sales means the sale, transfer, lease, offer or advertising for sale or lease of a firearm, which includes a gun, pistol, revolver, rifle or any device designed to be used as a weapon from which is expelled through a barrel a projectile by the force of any explosion or other form of combustion. (Ord , 1995: Ord , 1994) Supportive care. Supportive care means the provision of accommodations for a number of unrelated people that live together in need of care, support, or supervision Full-service restaurant activity. Full-service restaurant activity means a place which is regularly and in a bona fide manner used and kept open for the serving of at least lunch or dinner to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking and assortment of foods which may be required for such meals. The sale or service of sandwiches (whether prepared in a kitchen or made elsewhere and heated up on the premises) or snack foods does not constitute a fullservice restaurant. (Ord (part), 1980) General commercial sales and service activity. General commercial sales and service activity means the retail or wholesale sale of goods, or provision of services, of a nature which are not readily carried by a pedestrian and usually necessitates the use of a motor vehicle to transport the goods or materials, and requires that parking or loading areas be provided on-site to facilitate convenient loading or unloading of goods by patrons. Generally Page 4 of 7

17 these uses by their nature are almost totally reliant upon on-site patron parking and loading facilities. (Ord (part), 1980) General food sales activity. General food sales activity means the retail sale from the premises of a comprehensive variety of generally used foods and beverages, including sizable assortments of fresh fruits and vegetables and fresh-cut meat; but excludes convenience markets. (Ord (C), 1987: Ord (part), 1980) General personal service activity. General personal service activity means the provision to individuals of informational, instructional, personal care, repair of personal apparel, and similar services of a nonprofessional smallscale nature which are not needed frequently, such as barber and beauty care and shoe repair. (Ord , 1985: Ord (part), 1980) General retail sales activity. General retail sales activity means the retail sale from the premises of shopper goods which are generally of a nature that are easily carried or transported from place to place by a pedestrian, and does not normally necessitate the use of motor vehicles for portage of goods or the provision of parking in close proximity to the place of business. (Ord (part), 1980) Light manufacturing and research activity. Light manufacturing and research activity means a limited-volume function of on-site production, processing or examination of goods when the goods or the materials which are used in the production, processing or examination of the goods, or the process itself, do not create noise, odor, dust, smoke or vibration which might be obnoxious or offensive to persons residing or conducting business on neighboring properties. (Ord (part), 1980) Limited child-care activity. Limited child-care activity means the provision of day-care service for six or fewer children, provided, however, that care for four or more children be provided only in facilities licensed by a state or county agency. (Ord (part), 1980) Medical marijuana dispensary. Medical marijuana dispensary means any facility or location where marijuana is made available for medical purposes in accordance with health and Safety Code Section (Proposition 215). (Ord (Exhibit A), 2011) Medical service activity. Medical service activity means the provision of therapeutic, preventive or corrective personal treatment services by physicians, dentists and other medical practitioners, and includes medical testing and analysis services. (Ord (part), 1980) Kennel activity. Kennel activity means the keeping of more than 20 cats and/or dogs over six months old; or the keeping of any cats or dogs for certain commercial purposes, including boarding, breeding, sales for Page 5 of 7

18 resale (wholesaling), training and similar purposes, but not including veterinary or medical treatment, grooming, hospitalization, impoundment or retail sales, nor killing of such animals. (Ord , 1982) Multiple pet activity. Multiple pet activity means keeping more than three dogs over six months old, or more than five cats over six months old, but not more then 20 dogs and/or cats, none of which are kept for commercial purposes. (Ord , 1982) Real estate service activity. Real estate service activity means the provision of real estate sales or brokerage services, or both, and includes provision of advice, information or consultation relative to the sale, rental, lease or financing of real estate. (Ord (part), 1980) Self-service laundry or retail dry cleaning activity. Self-service laundry or retail dry cleaning activity means a facility providing one or more of the following: (a) coin-operated washing, drying or dry-cleaning machines for self-service; (b) drop-off, pickup station; or (c) on-site professional dry cleaning of personal apparel and household goods brought into the facility by retail customers. (Ord (D), 1987: Ord (part), 1980) Repealed by Ordinance Hotels and motels activity. Hotels and motels activity means the provision of lodging services to transient guests on a less-than-weekly basis other than in the case of activities involving the provision of a special kind of care such as in nursing homes or orphanages. (Ord (E), 1987: Ord (part), 1980) Undertaking service activity. Undertaking service activity means the provision of undertaking and funeral services involving the care and preparation of the human dead prior to burial or cremation. (Ord (part), 1980) Utility distribution and civic service activity. Utility distribution and civic service activity means the maintenance and operation of the following installations: (a) Communications equipment installations and exchanges; (b) Electrical substations; (c) Gas substations; (d) Police stations and fire stations; (e) Neighborhood news carriers distribution centers; (f) Recycling center. (Ord (part), 1980) Home/business furnishings activity. Home/business furnishings activity means the sale or rental of home or business furnishings. (Ord (F), 1987) Sales representatives and goods brokers activity. Page 6 of 7

19 Sales representatives and goods brokers activity means the sales of goods by contract, provided that the associated sales tax is coded and credited to the city. The use must be in compliance with the purpose section of the zoning district in which the business is located. The use may include display and storage of goods in appropriate amounts in compliance with the purpose section of the zoning district in which the business is located. (Ord (G), 1987) Hospital. Hospital means an institution providing medical or surgical treatment and care for the recovery of people with major illnesses or injuries on an inpatient and outpatient basis including ambulance bays, trauma units, maternity wards, intensive care units or pharmacies. L:\Planning\Originals (Documents & Forms)\Handouts\Other Zoning Handouts\Activity Classifications.doc Rev Page 7 of 7

20 Land Use Classifications Translation Table Proposed Classifications All Existing Classifications that fall into the new Classifications 1. Animals & Farming a. Animal clinic Animal Care and Commercial Activity b. Animal farming Moved from Definitions section c. Commercial breeding and boarding Kennel Activity Animal Care and Commercial Activity d. Crop farming Agriculture Crop and Tree Farming Crop and Tree Farming, not including the raising or keeping of any animals other than ordinary household pets Crop and tree farming, horticulture, viticulture, grazing, and other similar agriculture uses. e. Ranching Crop and tree farming, horticulture, viticulture, grazing, and other similar agriculture uses. Livestock 2. Automotive & Transportation a. Automotive maintenance Automotive repair and cleaning activity Automotive servicing activity b. Automotive sales and rental Automotive sales, rental and delivery activity c. Parking Commercial automotive fee parking activity 3. Community a. Civic Administrative civic activity Publically owned buildings and structures Publically owned parks and playgrounds b. Community assembly Churches, religious institutions, and parochial and private schools, including nursery schools Community assembly and education activity Community buildings, clubs, and activities of quasi-public, social or fraternal character; and private recreation facilities, such as golf clubs, swimming pools and tennis clubs (depends on the nature of the use, may be Athletic) 4. Educational & Recreational a. Athletic Community assembly and education activity Horse riding academy or horse riding school Recreation court b. Childcare and nursery schools Churches, religious institutions, and parochial and private schools, including nursery schools Community assembly and education activity

21 Day-care and educational services activity Limited childcare activity Nursery school (not defined, but in current zoning) c. Educational Day-care and educational services activity d. Entertainment Commercial recreation activity 5. Housing a. Duplex unit Residential: Duplex b. Dwelling unit Residential dwelling unit c. Emergency shelter Emergency shelter d. Multiple-family unit Residential: Multi-family housing Multiple-family building Multiple-family building group Multiple-family dwelling e. Accessory dwelling unit Residential dwelling unit f. Single-family unit Residential: Single-Family dwelling g. Single room occupancy Added from Housing Ordinance h. Townhouse unit Residential: Townhouse 6. Office a. Professional office Administrative activity Administrative civic activity Health care activity Sales representatives and goods brokers activity b. Small-scale manufacturing and research Light manufacturing and research activity development Research institutes and laboratories devoted to experimental study such as testing and analyzing 7. Residential Use a. Home occupation Home occupation b. Residential business Residential business c. Residential conversion Residential conversion d. Supportive care Foster home or family care home operated by a public agency, or by a private agency which has obtained state or local approval (license) for the proposed operation where not more than 6 minors reside on the premises with not more than 2 supervisory persons Residential: Senior residential care facility Residential care home for the Aged, operated by a public agency, or by a private agency which has obtained state or local approval (license) for the proposed operation where not more than 6 minors reside on the premises with not more than 2 supervisory persons

22 8. Retail & Food Sales a. Eating & drinking establishment Fast-food restaurant activity Full-service restaurant activity b. Market Convenience market activity General food sales activity c. Retail Commercial nurseries Construction sales and service activity Firearm sales General commercial sales and service activity General retail sales activity Home/business furnishings activity 9. Service a. Hospital Health care activity b. Hotel & motel Hotels and motels activity c. Personal service Business and communication service activity Commercial laundry or dry-cleaning activity Self-service laundry or retail dry cleaning activity d. Storage & warehouse Construction sales and service activity e. Undertaking & funeral Undertaking service activity 10. Utility a. Oil drilling Drilling for oil, gas, and minerals b. Utility Distribution Utility distribution and civic service activity c. Wind energy conversion system Wind energy conversion system d. Wireless communication Commercial radio and television receiving and transmitting facility but not including broadcasting studios or business offices

23 West End Downtown Retail Plaza East End Uses permitted: Uses permitted: Uses permitted on Plaza Way: Uses permitted: Animal clinic 7,500 sq. ft. Childcare & nursery school <14 Civic Animal Clinic Civic children Eating and drinking establishment, Automotive Maintenance Childcare and nursery 14 Civic without a drive-thru Automotive Sales and Rental children Dwelling unit Retail. Childcare & nursery school <14 Community Assembly < 7,500; Eating & drinking establishment, children Dwelling unit; without drive-thru; Uses permitted elsewhere in the Plaza Community Assembly < 7,500 Eating & drinking establishment, Entertainment < 2,000 sq.ft. District: sq.ft. without drive-thru Home occupation Childcare & nursery school <14 Dwelling unit; Educational < 7,500 sq. ft. Indoor athletic < 2,000 sq.ft. children Eating & drinking establishment, Entertainment < 7,500 sq. ft. Market < 2,000 sq.ft. and not open Civic without drive-thru; Home occupation 10pm-5am Dwelling unit Emergency Shelter Indoor athletic < 7,500 sq. ft. Office < 2,000 sq.ft. Eating & drinking establishment, Entertainment < 7,500 sq. ft. Market < 7,500 and not open Retail < 2,000 sq.ft. without drive-thru Home occupations 10pm-5am; Service <2,000 sq.ft. Entertainment < 2,000 sq.ft. Indoor athletic < 7,500 sq. ft. Office Supportive care Home occupation Market < 7,500 and not open Retail, not firearms Indoor athletic < 2,000 sq.ft 10pm-5am Service, laundry & dry cleaning Market < 2,000 sq.ft. and not open Office < 7,500 sq. ft. Supportive care 10pm-5am; Retail < 7,500 sq. ft., not firearms; Office < 2,000 sq.ft. Service, laundry & dry cleaning Parking Supportive care Retail < 2,000 sq.ft. Service, laundry and dry cleaning; Supportive care

24 West End Downtown Retail Plaza East End Uses requiring a LUP: Uses requiring an LUP: Uses requiring an LUP: Uses requiring an LUP: Animal clinic 7,500 sq. ft. Childcare & nursery schools > 14 Childcare & nursery schools > 14 Childcare & nursery schools > 14 Automotive maintenance; students students; students Childcare & nursery schools > 14 Educational Community Assembly < 7,500 Community assembly > 7,500 sq. students Entertainment > 2,000 sq.ft. sq.ft. ft. Community assembly > 7,500 sq. ft. Eating & drinking establishments, with a drive-thru; Eating & drinking establishments, with a drive-thru Eating & drinking establishments, with a drive-thru Eating & drinking establishments, Indoor athletic > 2,000 sq. ft. Educational Educational > 7,500 sq. ft. with a drive-thru Market > 2,000 sq. ft. and/or open Entertainment > 2,000 sq.ft. Entertainment > 7,500 sq. ft. Educational > 7,500 sq. ft. between 10pm-5am Hotel and motel Home occupation Entertainment > 7,500 sq. ft. Office > 2,000 sq.ft. Indoor athletic > 2,000 sq. ft.; Hotel & motel Hospital Parking Market > 2,000 sq. ft. and/or open Indoor athletic > 7,500 sq. ft.; Hotel & motel Residential business between 10pm-5am; Market > 7,500 sq. ft. and/or open Indoor athletic > 7,500 sq. ft. Residential conversion Oil drilling; between 10pm-5am Market > 7,500 sq. ft. and/or open Retail > 2,000 sq.ft. and/or Office > 2,000 sq.ft. Oil drilling between 10pm-5am firearm sales Residential business Office > 7,500 sq. ft. Oil drilling Service > 2,000 sq.ft. Residential conversion Parking Parking Utility distribution Retail > 2,000 sq.ft. and/or firearm Residential business Residential business sales Residential conversion Residential conversion Small-scale manufacturing and Retail > 7,500 sq. ft. and/or Retail and/or firearm sales research & development firearm sales Small-scale manufacturing and Utility distribution Small-scale manufacturing and research & development Wind energy conversion system research & development Storage & warehouse, vehicle storage on vacant property Wireless Communication pursuant to Chapter 6-15 LMC. Storage & warehouse, vehicle storage on vacant property Undertaking & funeral Other compatible uses. Undertaking & funeral Utility distribution Utility distribution Wind energy conversion system, Wind energy conversion system, Wireless communication Wireless communication Other compatible use Other compatible use.

25 Zoning Text Amendment Explanation Chart ZT Why? Scope (zoning ord. sections) Outcome Follow up tasks Status ZT04-17 Parking Ordinance Update ZT05-17 Land Use Classification Amendments DSP Policy 11.5 Update parking regulations. For other parking related DSP programs see attachment entitled Excerpt of Parking Goals, Policies and Programs from DSP DSP Policy West End - Land Use: This district will be primarily an office/commercial area with related support services with less emphasis on retail uses. DSP Program Amend the Zoning Ordinance to reflect the types of uses below. The amendment of the Zoning Ordinance will include a list of all the uses allowed by right and with a land use permit: Uses allowed by right: Offices (e.g., administrative, consultative, medical, realty) Personal services (e.g., dry cleaners, salons) Retail Housing Civic and cultural Commercial sales and services Eating establishments (e.g., restaurants, cafes) Only with a land use permit Auto fueling and servicing Automotive sales, repairs, and cleaning (the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles) Chapter 6-6 (Parking) All zoning districts (deletions) Chapter 6-3 (Definitions) Chapter 6-4 (Activity Classifications) Chapter 6-5 (General Provisions) Chapter 6-6 (Parking) All Zoning Districts New parking ordinance strategy Implementation of DSP and updating classifications and definitions to reflect current uses Update PDP Committee work complete ordinance ready DSP Policy 2.7 Downtown Retail - Land Use. This district is the retail center of the downtown with a pedestrian ambiance and higher intensity of uses.