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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;
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<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)
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<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
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<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
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<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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