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Ordinance No. 2297
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<br /> 5 The use is subject to the following conditions:(1)The facility shall adhere to all occupancy,ADA,California Building Code,and exiting requirements;(2)The
<br /> zoning administrator finds that adequate parking is available for the said use,and the proposal has an effective traffic circulation system including pick-up and
<br /> drop-off for business patrons;(3)The standard city noise ordinance applies;(4) If applicable,an outdoor play area proposed would not cause the ambient
<br /> noise levels at the property plane to increase by 4 dB Ldn.The zoning administrator may request a noise study or other professional study in order to determine
<br /> whether the use meets or exceeds this threshold.
<br /> 6 Music and art schools shall be at least 150 feet from an R district.
<br /> 11 A conditional use permit shall be required for special downtown accessory entertainment uses,as defined in Chapter 18.08 of this title,and the use does not
<br /> comply with the hour restrictions and/or conditions required for the use to be a permitted use or a temporary conditional use.
<br /> 13 The city planning commission shall make a specific finding that the use will conform with each of the required conditions prescribed in
<br /> Sections 18.48.040 through 18.48.120 of this chapter,in addition to the findings prescribed in Section 18.48.060.
<br /> 16 The following conditions shall apply to microbreweries and wineries:(1)The zoning administrator finds that adequate parking is available for said use;(2)
<br /> If the zoning administrator determines that the use will be or is creating odor problems,an odor abatement device determined to be appropriate by the
<br /> zoning administrator shall be installed within the exhaust ventilation system to mitigate brewery odors;(3)The applicant is in compliance with all
<br /> applicable requirements of Chapter 9.04 of this code;(4)If operation of the use results in conflicts pertaining to parking,noise,odors,traffic,or other
<br /> factors,the zoning administrator may modify or add conditions to mitigate such impacts,or may revoke the zoning certificate for the use.
<br /> 17 Basement storage as defined in Section 18.08.057 shall be permitted as warehousing in the central commercial(C-C)zoning district,subject to meeting all
<br /> of the following criteria:
<br /> a. Basement storage shall be limited to the C-C zoning district within the downtown specific plan area and limited to commercial buildings only:
<br /> b. Basement storage shall be limited to nontoxic, nonhazardous materials only. It is the responsibility of the storage space operator to prepare a list of
<br /> prohibited storage items,to have the list approved by the Livermore-Pleasanton fire department,and to require all storage space users to agree in writing
<br /> that no items on the list or other hazardous materials will be stored.The storage space shall be used for storage only and no other activities and/or uses are
<br /> allowed;
<br /> c. Prior to allowing basement storage,the building owner shall contact the building and safety division and fire department to ensure that the basement meets
<br /> applicable building and fire codes.If required,the building owner and/or responsible party shall secure all applicable permits and/or make any required
<br /> changes to the basement space to ensure the space meets current code standards for fire,safety,and accessibility;
<br /> d. The hours of access for basement storage use shall be:Monday through Friday from 6:00 a.m.to 10:00 p.m.and Saturday and Sunday from 10:00 a.m.to
<br /> 6:00 p.m.only:
<br /> e. One parking space per on-site storage employee and one parking space for storage customers. This parking requirement is in addition to the parking
<br /> required for other uses on-site;
<br /> f Prior to allowing and/or renting space for basement storage,the property owner and/or responsible party shall submit a zoning certificate application and
<br /> secure a business license.The zoning certificate application shall be accompanied by a narrative that describes the type of storage proposed,where parking
<br /> will be allowed.and the use(s)of the building and shall include a site plan and basement storage floor plan that clearly defines,but is not limited to,the
<br /> following:(1)The defined area(s)and square-footage in which storage will take place;(2)How the individual storage areas will be delineated(e.g.,cages,
<br /> walls,etc.);(3)Access and ADA accessibility.
<br /> 18 Use is not permitted on the ground floor when the property is also located in the Active Ground-Floor Overlay District,except where an exemption is granted
<br /> as set forth in Chapter 18.81.
<br /> 26 Any use not in conjunction with a medical use that includes massage service of four or more technicians at any one time shall be subject to a minor conditional
<br /> use permit as prescribed in Chapter 18.124.Massage establishments shall meet the requirements of Chapter 6.24.
<br /> 33 If the subject tenant space exceeds 75,000 gross square feet,the use shall be subject to a conditional use permit as prescribed in Chapter 18.124.This
<br /> requirement does not apply to light industrial uses located in Hacienda,an area defined by Ordinance 1325 and as subsequently amended.
<br /> 35 Any use shall operate only between the hours of 6:00 a.m.and 11:00 p.m.
<br /> 36 In addition to the Districts identified in Table 18.44.080,innovation-based businesses shall be Permitted uses in the following Districts:
<br /> • PUD-C(Johnson Drive Economic Development Zone Area only),PUD-C-O,PUD-I,PUD-I/C-O,and PUD-MU;and
<br /> • The following zones within Hacienda PUD Area(OGPD,OPD,OMPD,CDP,IPD,MOIPD,MCOIRPD,and MCOIPD)
<br /> An MCUP shall be required for any innovation-based business in which controlled hazardous materials are to be used,stored or disposed of on-site
<br /> An MCUP shall be required for any innovation-based business to be located adjacent to any existing residential use and/or other similar sensitive receptor
<br /> use as determined by the zoning administrator and shall be subject to the following performance standards:
<br /> • Innovation-based businesses shall be permitted a maximum of two loading docks that can accommodate medium-duty delivery trucks as determined
<br /> by the zoning administrator
<br /> • Use of any loading docks and delivery/receiving/shipping hours of operation shall be determined acceptable on a case-by-case basis as determined by
<br /> the zoning administrator
<br /> Ancillary uses/equipment including,but not limited to HVAC equipment,transformers,emergency generators,gas meters,backflow devices,storage,etc.
<br /> shall be sited to minimize noise and visual impacts as determined acceptable by the zoning administrator
<br /> 37 Innovation-Based Businesses shall not be permitted on any parcel located within the Downtown Specific Plan Area.
<br /> 38 A CUP and Design Review approval shall be required for any data center use where an innovation-based business is Permitted or Conditionally Permitted
<br /> 39 In addition to the Districts identified in Table 18.44.080,personal services shall be Permitted uses in the I-P and I-G Districts when included as an ancillary
<br /> use to an innovation-based business within the same building or clustering of buildings and/or on the same project site.
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