Chapter 35.424 — COMMERCIAL ZONES

This Chapter lists the land uses that may be allowed within the commercial zones established by Section 35.404.020 (Zoning Map and Zones), determines the type of planning permit/approval required for each use, and provides basic standards for site layout and building size.

The purposes of the individual commercial zones and the manner in which they are applied are as follows.

A.

CN (Neighborhood Commercial) zone. The CN zone is applied to areas within residential neighborhoods appropriate for local retail or service businesses to meet daily needs for food, drugs, gasoline, and other incidentals of residents in the immediate area. The intent is to provide local serving commercial establishments while preserving the residential character of the area.

B.

CV (Resort/Visitor Serving Commercial) zone. The CV zone is applied to areas of unique scenic and recreational value appropriate for tourist recreational development, while providing for maximum conservation of site resources through comprehensive site planning. The intent is to provide for maximum public access, enjoyment, and use of an area's scenic, natural, and recreational resources while ensuring preservation of such resources. This zone is not intended for highway related uses that normally service travelers. Where this zone is applied to areas adjacent to the shoreline, uses permitted shall in part require an oceanfront location in order to operate.

A.

General permit requirements. Table 2-8 (Allowed Land Uses and Permit Requirements for Commercial Zones) identifies the uses of land allowed by this Development Code in each commercial zone, and the planning permit required to establish each use, in compliance with Section 35.420.030 (Allowable Development and Planning Permit Requirements).

B.

Requirements for certain specific land uses. Where the last column ("Specific Use Regulations") in Table 2- 8 (Allowed Land Uses and Permit Requirements for Commercial Zones) includes a Section number, the referenced Section may affect whether the use requires a Land Use Permit, Development Plan, or Conditional Use Permit, and/or may establish other requirements and standards applicable to the use.

C.

Development Plan approval required. Final Development Plan approval in compliance with Section 35.472.080 (Development Plans) is required prior to the approval of a Land Use Permit for all development, including grading, except that residential units that meet the County's definition of affordable housing with the Housing Element of the Comprehensive Plan.

D.

Design Review required. Design Review is required prior to the approval of a planning permit for a structure, or an addition to or alteration of, an existing structure in compliance with Section 35.472.070 (Design Review).

E.

Accessory uses and structures. Each use allowed by Table 2-8 (Allowed Land Uses and Permit Requirements for Commercial Zones) may include accessory uses and structures that are customarily incidental to the permitted use.

Key to Zone Symbols

Notes:

(1) See Division 35.10 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.424.030.C (Development Plan approval required).

(3) Must comply with standards of Subsection 35.424.050.A (Mixed use affordable residential unit standards) or Subsection 35.424.060.D (Mixed use affordable residential unit standards) as applicable to the specific zone.

Key to Zone Symbols

Notes:

(1) See Division 35.10 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.424.030.C (Development Plan approval required).

(3) Use only allowed accessory and incidental to an approved resort or guest ranch.

(4) A change of use to a large or small family day care home, serving children, is exempt from zoning permits. An application to construct a new structure to be used as a large or small family day care home, serving children, is subject to the same standards and permit requirements as a proposal to construct a residential structure in the same zone.

(5) Day care centers serving up to and including fifty (50) children may be permitted with a Land Use Permit in compliance with Section 35.472.110 (Land Use Permits).

Key to Zone Symbols

Notes:

(1) See Division 35.10 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.424.030.C (Development Plan approval required).

(3) Shall comply with the requirements of the PU zone; see Table 2-11 (Special Purpose Zones Development Standards) and Section 35.425.050 (PU Zone Standards).

(4) Does not include electrical transmission lines outside the jurisdiction of the County.

(5) Not applicable to facilities constructed by the County.

(Ord. No. 5169, § 4, 11-29-2022; Ord. No. 5203, § 3, 2-13-2024)

35.424.040 - Commercial Zones Development Standards

Development within the commercial zones shall be designed, constructed, and established in compliance with the requirements in Table 2-9 (Commercial Zones Development Standards) and all applicable

standards in Division 35.3 through Division 35.6 of this Development Code.

Table 2-9 - Commercial Zones Development Standards

Proposed development and new land uses within the CN zone shall comply with the following standards, in addition to those in Section 35.424.040 (Commercial Zones Development Standards).

A.

Mixed use affordable residential unit standards. Residential units allowed as part of a mixed use project in the CN zone shall be attached to the primary commercial structure, and shall comply with the following standards.

1.

Floor area limitations. The maximum net floor area shall not exceed 800 square feet for a studio or onebedroom unit, and 1,000 square feet for a two-bedroom unit.

2.

Limitation on rental. The unit shall be rented only to a low or moderate income household at a level that meets the County's affordability criteria.

3.

Limitation on sale. The residential unit shall not be sold or financed separately from the principal commercial structure.

B.

Mixed use market-rate residential unit standards. One or more residential units accessory to a commercial use that do not comply with the affordability requirements of Subsection A (Mixed use affordable residential unit standards) above, shall comply with the following:

1.

Bedroom limitations. The total number of bedrooms of the residential development shall not exceed two bedrooms per 1,000 square feet of total gross floor area of commercial development on the same lot.

2.

Floor area limitations. The total gross floor area of the residential development shall not exceed the total gross floor area of the commercial uses.

C.

Restaurant, café or coffee shop. A restaurant, café or coffee shop may include a bar or cocktail lounge only if accessory to the principal use.

D.

Site planning.

1.

Enclosure of activities required. Within the CN zone, the land use types identified by Table 2-8 (Allowed Land Uses and Permit Requirements for the Commercial Zones) shall occur within a completely enclosed building, except for service stations and outdoor restaurants, cafes, and tearooms, or other appropriately screened outdoor uses specifically approved by the review authority.

2.

Storage areas and trash enclosures. Areas for trash or outdoor storage shall be enclosed and screened to conceal all trash or stored material from public view.

Proposed development and new land uses within the CV zone shall comply with the following standards, in addition to those in Section 35.424.040 (Commercial Zones Development Standards).

A.

Allowable uses.

1.

Resorts and guest ranches. Resort and guest ranches shall be of a self-contained, destination-point nature rather than those that primarily provide short-term overnight accommodations for travelers.

2.

Visitor serving commercial. The approval of allowable visitor-serving commercial uses shall require that the review authority first determine that each commercial use is designed and limited to be incidental and directly oriented towards the needs of visitors, is part of a larger resort/visitor-serving facility, and will not substantially change the character of the larger resort/visitor-serving facility of which it is part.

B.

Development standards, general.

1.

Height limitations. Two-thirds of any new or reconstructed buildings which are guest rooms shall be limited to 16 feet in height except as allowed in compliance with Chapter 35.491 (Nonconforming Uses, Structures, and Lots).

2.

Limitation on separate occupancies. New or reconstructed cottages shall be limited to six units (keys) per cottage, except as provided in Chapter 35.491 (Nonconforming Uses, Structures, and Lots).

C.

Development standards, hotel resort.

Area. A hotel shall be located on a lot having a minimum lot area of five acres.

2.

Building limitations.

a.

Not less than 80 percent of the sleeping accommodations for guests shall be provided in one-story detached buildings.

b.

Said buildings shall have an aggregate building area not to exceed one-third of the total area of the site.

c.

Said buildings shall contain no more than six sleeping rooms.

3.

Personal services. Hotel resorts shall provide personal services customarily furnished at hotels, including the serving of meals. Such services shall be limited as follows:

a.

There shall be no advertising displays, visible from a public street.

b.

Access to the personal services shall be provided from within the hotel resort only and there shall be no outside entrances.

D.

Mixed use affordable residential unit standards. Residential units allowed as part of a mixed use project in the CV zone shall be attached to the primary commercial structure, and shall comply with the following standards.

1.

Floor area limitations. The maximum net floor area shall not exceed 800 square feet for a studio or onebedroom unit, and 1,000 square feet for a two-bedroom unit.

2.

Limitation on rental. The unit shall be rented only to a low or moderate income household at a level that meets the County's affordability criteria.

3.

Limitation on sale. The residential unit shall not be sold or financed separately from the principal commercial structure.