Part 3 — COMMERCIAL ZONES — Carson Zoning Code

§ 9131.1. Uses Permitted. ¶

Uses are permitted in the commercial zones as indicated in the following table:

	USES PERMITTED IN COMMERCIAL ZONES
Legend
X.	Automatically permitted use.
L.	Automatically permitted use provided special limitations and requirements are satisfed as noted herein or in Division 8 of this Part.
D.	Use permitted subject to the approval of the Director.
LD.	Use permitted provided special limitations and requirements are satisfed as noted herein, in Division 8 of this Part and in Division 8 of Part 2, and subject to the approval of the Director.
C.	Use permitted upon approval of a conditional use permit.
CC.	Use permitted upon approval of the City Council as prescribed, under other provisions of the Carson Municipal Code.
	All commercial uses permitted by this Part shall be subject to the requirements contained in CMC §9172.23, Site Plan and Design Review, except temporary uses. (See CMC §9131.1.)
DA.	Use permitted upon approval of a development agreement by the City Council subject to the requirements contained in Chapter 15 of ArticleVI.

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	CN
Retail Sales:*
* Alcoholic beverage sales, food services, and vehicle services are listed under separate headings.
Department stores, variety stores, and specialized stores for apparel, items for personal use, household items, plants and fowers, and supplies and small equipment for businesses, including antiques but no other secondhand items. Swap meets and fea markets, as defned in CMC §9191.670**, are prohibited.	X
** Incidental restoration permitted.
Convenience stores.	C
Discount stores.
Indoor mini-mart, auction house.	C
Building materials other than ornamental brick, stone, tile, or fagstone. (Incidental storage of sand, gravel, or rock limited to 2,000 tons total.)
Ornamental brick, stone, tile or fagstone. (See CMC §9133.1.)

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	CN
Monuments, tombstones, statuary.
Feed and grain.
Secondhand store, pawn shop.
Retail Services:*
* Alcoholic beverage services, food services,	and vehicle services are listed under separate headings.
Personal Services:
Barber shop, beauty shop, reducing salon, manicure parlor.	X
Clothing services – laundry or dry cleaning agency, self-service laundry or dry cleaning, hand laundry, sponging and pressing, tailor, dressmaker, seamstress, shoe repair.	X
Animal services – dog clip and wash, veterinary offce or clinic (no animal hospital or kennel). (See CMC §9131.13(D).)	X
Animal hospital or clinic.	X
Mortuary. (See CMC §9133.1.)
Adult business. (See CMC §9133.1and §9138.9; in MUR overlay district, see CMC §9131.13(D).)
Massage service. (See CMC §63134, §63135, §9133.1and §9138.91.)	C
Tattoo service. (See CMC §9133.1and §9138.92.)
Mechanical and repair services:
Locksmith,* watch repair, small appliance repair, radio and television repair, computer repair, bicycle repair.	X
Fix-it shop.*	X
Furniture redecorating, restoration and upholstering; glass repair, installation or glazing; screen repair; plumbing shop; lawnmower sharpening.
* Incidental lawnmower sharpening permitted.
Parcel delivery service.
Graphic arts services:
Copying, addressographing, mimeographing, photostating, instant printing, blueprinting, silk screening, photography, picture framing.*	X
Photo-fnishing, flm developing.
** Incidental photo-fnishing and flm developing permitted.
*** Incidental frame construction permitted.
Studios:

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	CN
Costume design, interior decoration, photography, writing, drama, dance, music, arts and crafts (including stained glass).	X
Stained glass assembly.
Radio, television, recording.
Motion pictures – indoor. (See CMC §9133.1.)
Offces:
Business, professional, fnancial, insurance, real estate, utility payments, telegraph, telephone answering service, messenger service, advertising, newspaper or publishing (no printing), ticket agency, travel agency, employment agency, collection agency, detective agency, security service, bail bondsman, check cashing. (See CMC §9138.17and §9138.18.)	X
Payday loans. (See CMC §9182.28.)	C
Drive-through banks.	X
Wholesale business, manufacturer's agent, broker (no storage or deliveries other than samples).	L
Food Sales and Service:*
* Alcoholic beverage sales and services are listed under separate headings.
Restaurant* (including refreshment stands, soda fountain). (See CMC §9133.1, §9138.17and §9138.18.)	X
Drive-in or drive-through restaurants. (See CMC §9133.1and §9138.17.)	X
Restaurant, coffee shop, snack shop with outdoor dining space within the limits of the restaurant frontage, provided there is a 7-foot minimum clear path of travel on the sidewalk without obstruction.
Food store – grocery, fsh, meat, fruits and vegetables, retail bakery, pastry, candy, health food, take-out food, tobacco shop.	X
Poultry shop (no live poultry or slaughtering).	L
Food catering (only direct retail sales or retail distribution).	X
Dog or cat food catering (retail only).
Alcoholic Beverage Sales and Services:

	USES PERMITTED IN COMMERCIAL ZONES
Alcoholic beverage sales in conjunction with a department store or supermarket.	X
Alcoholic beverage sales in conjunction with variety store, drug store, mini-market, drive-	C

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	CN
through market, food store or grocery store excluding a supermarket, take-out food, liquor store (subject to the requirements of CMC §9138.5).
Alcoholic beverage sales and service in conjunction with cocktail lounge, bar, indoor theater, or an eating establishment other than a bona fde restaurant. (See CMC §9138.5 and §9138.17.)	C
Alcoholic beverage sales and service in conjunction with an arcade, pool hall, billiards, card room, or a bowling alley. (See CMC §9138.4and §9138.5.)	C
Alcoholic beverage sales and service in conjunction with Class I entertainment per CMC §63125. (See CMC §9138.18.)
Night club. (See CMC §9138.5and §9138.17.)	C
Alcoholic beverage sales and service in conjunction with a bona fde restaurant. (See CMC §9138.18.)	X
Vehicle Sales and Service:*
* See CMC 9131.13(D) for properties in an MUR overlay district.
Sales:
Automobile service station, subject to the requirements of CMC §9138.14. (See CMC §9133.1.)	C
Automobile/vehicle washing, subject to the requirements of CMC §9138.14.	C
Automobile parts (new).*	X
Motorcycles or motorscooters (new).* (See CMC §9138.15.)
Automobiles, recreation vehicles, and trucks not over 2-ton capacity (new).* (See CMC §9138.15.)
Automobiles, recreation vehicles, and trucks not over 2-ton capacity (used – as accessory use).* (See CMC §9138.15.)
Automobiles, recreation vehicles, and trucks not over 2-ton capacity (used – as primary use).* (See CMC §9138.15.)
Recreation vehicles, over 2-ton capacity (new).* (See CMC §9133.1and §9138.15.)
Recreation vehicles, over 2-ton capacity (used – as accessory use).* (See CMC §9133.1and §9138.15.)

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	CN
Travel trailers or trailers, not over 2-ton capacity (new).*
Travel trailers or trailers, not over 2-ton capacity (used).*
Trucks, trailers, over 2-ton capacity (new).*
Trucks, trailers, over 2-ton capacity (used).*
Recreation vehicles, rental and leasing. (See CMC §9138.15(C).)
Boats and accessory equipment.
Auctions for used automobiles, recreational vehicles, travel trailers, trucks or trailers, motorcycles or motorscooters, and related equipment and miscellaneous goods. (See CMC §9138.21.)
* See CMC 9132.2 for incidental uses permitted. Also subject to the provisions of CMC 9138.2.
Rental and leasing:
All vehicles up to 2-ton capacity.
All vehicles over 2-ton capacity.
Repair of all vehicles up to 2-ton capacity (no boats):
Automobile/vehicle service and repair.	C
Transportation-Related Uses:
Automobile parking lot or parking building (no long-term vehicle storage, no storage of inoperable vehicles).	X
Shared parking facilities. (See CMC §9133.1.)	C
Passenger station – bus or rail; taxi stand.	X
Heliports, helistops.
Access to other property lawfully used for purposes not permitted on subject property:
Access to residential use.	X
Access to nonresidential use, provided the Director fnds no available alternative access is preferable and the character of the area will not be adversely affected.
Communications and Utilities:
Post offce.	X
Oil wells. (See CMC §9500–9537, Oil and Gas Code.)
* Development agreement provisions apply as specifed in CMC 9502 and 9508.
Telephone exchange.
Amateur radio station.	X

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	CN
Gas distribution meter or control station (landscaping or screening required to the satisfaction of the Director).	L
Gas measurement station (not less than 300 feet from any residential zone, public school, public park, hospital or long-term health care facility). (See CMC §9133.1.)	C
Electric distribution substation. (In the CG Zone, landscaped yard areas to the satisfaction of the Director to be provided adjacent to street rights-of-way. Facilities to be enclosed by solid fence or wall in accordance with applicable regulations of the State of California and other local regulations.) (See CMC §9133.1.)	C
Pumping station, water well. (In the CG Zone, landscaping of site and screening of facilities required to the satisfaction of the Director.) (See CMC §9133.1.)	C
Water reservoir. (See CMC §9133.1.)	C
Education:
Elementary or secondary school – public or private; professional school; business school; barber or beauty school; school of arts, crafts, dance, photography, writing, drama or music.	X
Physical training school – gymnastics, martial arts.	X
Swimming school – indoor or outdoor.
Recreation:*
* Alcoholic beverage sales and services are listed under separate headings.
Indoor team training facility. (See CMC §9162.21and §9191.303.)	X
Pool hall, billiards, card room. (See CMC §9138.17and §9138.18.)	X

	USES PERMITTED IN COMMERCIAL ZONES
Bowling alley. (See CMC §9131.13(D).)	X
Bowling alley as an accessory use.	X
Health club.	X
Arcade (subject to the requirements of CMC §9138.4).	C
Public park or playground.	X
Driving skill course.
Indoor rink – roller skating, skateboards, ice skating.	X
Outdoor rink – roller skating, skateboarding, ice skating.

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	CN
Lawn bowling, croquet courts.
Small private recreational facilities. (Site limited to one acre or less in the CR Zone.) May include buildings, park, playground and picnic area.
Large private recreational facilities – indoor or outdoor facilities (but not more than 1,000 spectator seats total):
Gymnasium.	X
Badminton, handball, racquetball, squash courts.	X
Swimming pool.
Tennis court, volleyball court, polo feld, athletic feld, miniature golf.
Golf driving range, pitch-and-putt course, golf course, subject to the limitations of CMC §9138.3.
Public Assembly:*
* Alcoholic beverage sales and services are listed under separate headings.
Church, temple, or other place of religious worship. (In the CR Zone, see CMC §9138.22and §9182.25; in an MUR overlay district, see CMC §9131.13(D).)	X
Auditorium, meeting hall, wedding chapel.
Community center, lodge hall, private club.	X
Indoor theater (motion picture or live stage), night club.	X
Outdoor theater (live stage, not a drive-in).
Public and quasi-public uses:
Fire station, police station, library, museum.	X
Archaeological dig, provided the Director determines there is a reasonable prospect that signifcant scientifc, cultural or historical information will be obtained from the site.	D
Health Services:
Hospital – general acute care, acute psychiatric; long-term health care facility. (See CMC §9133.1.)
Medical or dental laboratory. (In the CN or CR Zones only permitted as an incidental use in a medical/dental offce building or clinic.)	L
Medical or dental offce or clinic, public health center.	X
Optical services (for the ftting, grinding or mounting of eyeglasses).	X

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	CN
Pharmacy. (See CMC §9138.17and §9138.18.)	X
Drive-through pharmacy. (See CMC §9131.13(D)and §9138.17.)	X
Ambulance service.
Day Care:
Community day care facility.	X
Residential Uses:
Multiple-family residential and residential condominiums within the Mixed-Use Residential (MUR) overlay district, the Mixed- Use Carson Street district, and the Mixed-Use Sepulveda Boulevard district on lots with a minimum 100-foot street frontage.	C
Mixed-use (commercial/residential) development within the Mixed-Use Residential (MUR) overlay district, the Mixed- Use Carson Street district, and the Mixed-Use Sepulveda Boulevard district on lots with a minimum 100-foot street frontage.	C
Live/work residential units. (See CMC §9138.17and §9138.18.)
Mobile home park. (See CMC §9128.2.)	C
Group quarters for members of a religious order (convent, rectory, monastery, etc.).
Boarding or rooming houses, fraternity or sorority house, dormitory, residential hotel or similar group quarters, motel units with kitchens. (See CMC §9133.1.)
Residential community care facility.
Single-room occupancy (SRO) housing. (See CMC §9128.7.)
Supportive housing.
Transitional housing.
Accessory dwelling units and junior accessory dwelling units. (See CMC §9122.1.)	L
Transient Hotel:
Transient hotel, motel.	C
Agricultural Uses:
Cultivation and/or sale of plants including nursery,* orchard, vineyard, feld crops, fowers, greenhouses, lathhouses and similar activities (no mushroom farm).
* Incidental lawnmower sharpening permitted. Also repair and rental of garden tools.
Signs:

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	CN
Electronic message center signs. (See CMC §9136.7, also CMC §9138.15(E)(3)(c) for CA only.)	C
Outdoor Advertising:
Outdoor advertising sign in the Electronic Marquee Signage (EMS) overlay district, subject to the requirements of CMC §9138.71.
Recycling Facilities:
Small collection recycling facility. (See CMC §9132.9and §9138.6.)	L
Communications Facilities:
Minor communications facilities, subject to the requirement of CMC §9138.16.	L
Major communications facilities, subject to the requirement of CMC §9138.16.	C
Temporary Uses:
Election campaign offce in a trailer. (Not permitted earlier than 90 days before the election. To be removed within 14 days after the election.)
Offce or other permitted commercial use in a trailer or other mobile unit. (Permitted for a period not exceeding 6 months during construction of a building on the same lot while a building permit is in effect. The Director may approve reasonable time extensions if he fnds construction is proceeding in good faith.)	L

	USES PERMITTED IN COMMERCIAL ZONES
Storage of construction materials and equipment at a construction site without the screening which would be required for permanent outdoor storage (only during the period a building permit is in effect).	L
Subdivision directional sign. (See CMC §9128.31–9128.35.)	LD
Sidewalk, parking lot and tent sales, and special events. (See CMC §9138.8.)	D
Fireworks stand. (See CMC § 3101.0 – 3101.10.)	CC
Carnival, mechanical rides, pony rides, outdoor festival and similar uses. (See CMC §63119and §63119.1.)	CC
Circus, rodeo. (See CMC §63120; and Animal Control Ordinance, CMC § 3300 – 3301.)
Christmas tree sales, pumpkin sales.	X

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	CN
Yard sales. (See CMC §4600–4606.)	L
Tent revival.	CC
Commercial Cannabis (See Chapter 15 of Article VI)

Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I .

(Ord. 78-431; Ord. 78-438; Ord. 78-446; Ord. 79-479 § 7; Ord. 80-517 § 1; Ord. 80-532 § 4; Ord. 81585 § 2; Ord. 82-602 § 2; Ord. 82-621 § 1; Ord. 83-637U § 1; Ord. 83-643 § 1; Ord. 84-685 § 1; Ord. 84-704; Ord. 86-763U § 1; Ord. 87-813 § 1; Ord. 88-857 § 1; Ord. 90-915 § 1; Ord. 92-985 § 1; Ord. 93-1001 § 1; Ord. 94-1035U §§ 2, 3; Ord. 94-1037 §§ 2 – 4; Ord. 94-1039 § 2; Ord. 96-1085 § 1; Ord. 97-1115 § 1; Ord. 02-1245 § 2; Ord. 02-1251 § 1; Ord. 03-1279 § 2; Ord. 03-1284 § 2; Ord. 041322 § 1; Ord. 06-1349 § 1; Ord. 06-1363 § 9; Ord. 07-1392 § 9; Ord. 08-1404 § 1; Ord. 09-1419 § 3; Ord. 09-1420 § 1; Ord. 11-1473 § 1; Ord. 11-1479 § 8; Ord. 11-1480 § 1; Ord. 12-1488 § 1; Ord. 13-1525 § 2; Ord. 14-1536 § 1; Ord. 16-1590, Exh. B (§ 6); Ord. 16-1602 § 2; Ord. 16-1603 § 2; Ord. 18-1823 § 2; Ord. 22-2211 § 14)

§ 9131.12. Uses Permitted on Organic Refuse Landfill Sites. ¶

A. No use except as hereinafter provided, shall be permitted on property designated as ORL (Organic Refuse Landfill) without the approval of a conditional use permit by both the Commission and the Council. Such conditional use permit shall require, as a condition precedent to use of the property under the conditional use permit, approval by the Building and Safety Division and the Council of a report submitted by the applicant pursuant to the applicable provisions of the Building Code, prepared by a licensed civil engineer designated by the applicant and approved by the City, which shall provide and include plans for a protective system or systems designated to eliminate or mitigate the potential hazards and environmental risks associated with the proposed use. Approval of such report by the Building and Safety Division shall be in the discretion of the Building Official, who shall evaluate any risks and hazards associated with the site and proposed use and who may grant approval only if he finds that the report and plans adequately provide for protection against such associated risks and hazards. The Building Official's approval shall be submitted to the Council for final approval which will be in the discretion of the Council.

The following uses are exempt from the provisions of this Section:

Uses which do not involve buildings or structures, including but not limited to outdoor storage, display and outdoor recreational facilities.
Construction of structures which are unoccupiable, such as signs, flagpoles, walls, fences and towers, but not including oil wells and storage tanks.
Paving of no more than twenty (20) percent of the site.
Repair or minor alteration to existing structures which do not increase floor area.

B. An application for a conditional use permit required by subsection A shall be considered in accordance with CMC § 9172.21 , except that the Commission's decision shall be referred to the Council for review as if an appeal had been filed pursuant to CMC § 9173.4 .
C. Every conditional use permit for a use located on property designated as ORL (Organic Refuse Landfill) shall be subject to the following conditions in addition to any other conditions that the Commission or the Council may impose:
1. Approval by the Building Official of the report provided for in subsection A of this Section.
2. The applicant shall comply with a development schedule approved by the Community Development Director.
3. All measures to eliminate or mitigate the hazards and environmental risks associated with the site proposed in the report approved by the Building Official provided for in subsection A of this Section shall be subject to approval by the Council and shall be incorporated into the project. Such measures shall include monitoring, evaluation and control of methane gas produced by the site as the City shall determine to be necessary to protect the public health, safety or welfare with respect to the production or migration of methane gas.

ilding Official provided for in subsection A of this Section shall be subject to approval by the Council and shall be incorporated into the project. Such measures shall include monitoring, evaluation and control of methane gas produced by the site as the City shall determine to be necessary to protect the public health, safety or welfare with respect to the production or migration of methane gas.

Monitoring and regular inspections and reports by a licensed civil engineer designated by the applicant and monitored, evaluated and approved by the Building Official shall be done and filed with the City from time to time as directed by the Building Official at the applicant's cost.
The mitigation measures required by subsection (C)(3) of this Section shall be implemented to the satisfaction of the Building Official and City Council. In the event that the Building Official or Council finds that such measures when implemented are inadequate to protect the public health, safety, or welfare, the Building Official or Council may (1) require additional mitigation measures to be incorporated into the project, or (2) after notice to the applicant and an opportunity to be heard, declare the conditional use permit null and void if the Council finds that the public health, safety or welfare cannot be adequately protected to the satisfaction of the Council.
Adequate measures shall be taken to eliminate odors from the site to the satisfaction of the Building Official.
The applicant shall, at the applicant's own expense, carry public liability insurance during the existence of the conditional use permit, with a company and policy to be approved by the City Attorney, covering liability for injuries or death arising out of or in connection with the use of the site pursuant to said permit in an amount not less than $5,000,000. The City shall be named as an additional assured under such insurance policy.

D. Whenever both subsection A and any other section of this Chapter require a conditional use permit for a particular property, only one (1) conditional use permit shall be required, which shall be applied for, processed and considered pursuant to the provisions of subsection B . The application and conditional use permit, if approved, shall refer to both sections which are applicable.
E. Subsection A of this Section shall not apply to the following:
1. Any lawfully established existing use.
2. An expansion of an existing, lawfully established use on a lot on which such existing use was approved provided that the existence of an organic refuse landfill in such lot is shown by the record to have been considered by the granting body in connection with the approval of such existing use.

Any proposed use for which a conditional use permit requiring approval of methane gas control measures by the Council either (1) has been granted, or (2) has been applied for and is being processed on the effective date of this Section; provided, that subsection A shall apply if such conditional use permit which has been granted expires, is declared to be null and void or is otherwise terminated or if such conditional use permit for which an application is being processed is thereafter denied.

(Ord. 78-449; Ord. 79-471; Ord. 81-560 § 1; Ord. 82-586 § 1)

§ 9131.13. Uses Permitted within a Mixed-Use Residential (MUR) Overlay District. ¶

A. All uses permitted in accordance with CMC § 9131.1 , except as prohibited or regulated by this Section, are permitted within a Mixed-Use Residential (MUR) Overlay District.
B. In addition, multiple-family residential, residential condominiums, and mixed-use (commercial/residential) developments are permitted, subject to the approval of a Conditional Use Permit by the Planning Commission pursuant to CMC § 9172.21 and the requirements of CMC § 9138.7 .
C. Home occupations are permitted in accordance with CMC § 9128.4 .
D. The following commercial uses are prohibited on properties with mixed-use (commercial/residential) development located thereon or within buildings or structures designed and intended for mixed use (commercial/residential) occupancy:
1. Animal services;
2. Arcade;
3. Bowling alley, as a primary use;
4. Drive-in establishment (any establishment where goods or services are rendered directly to occupants of motor vehicles while in vehicles);
5. Driving skill course;
6. Indoor mini-mart or auction house;
7. Public assembly uses, including but not limited to churches, temples or other places of religious worship, not associated with recreational areas designated for the exclusive use of permitted residential uses;
8. Sexually oriented business establishments; and
9. Vehicle sales and service.
E. Vehicle repair and service is permitted for non mixed-use commercial/residential developments, subject to the approval of a Conditional Use Permit by the Planning Commission pursuant to CMC § 9172.21 and the requirements of CMC § 9138.2 .
(Ord. 04-1322 § 2; Added by Ord. 94-1039 § 3)

§ 9131.2. Interpretation of Uses Permitted. ¶

Further definition and enumeration of uses permitted in the various residential zones shall be determined by means of Interpretation in accordance with CMC § 9172.24 .

§ 9131.3. Prohibited Uses. ¶

All uses are prohibited except as expressly permitted by the provisions of this Chapter.

Division 2. Accessory Uses

§ 9132.1. Processing Activities. ¶

If not otherwise permitted as principal uses, the following uses are permitted as minor uses if related to and incidental to the indicated principal permitted use on the same site:

Film developing or photo-finishing is permitted with a camera shop or photography studio. Picture frame construction is permitted with the sale of picture frames.

Glass edging, beveling or silvering is permitted with the sale of glass or mirrors. Electroplating of precious metals is permitted with the sale of jewelry or silver items. Restoration of antiques is permitted with the sale of antiques.

Fish barbecuing or smoking is permitted with a restaurant or fish market.

§ 9132.2. Vehicle Sales and Service. ¶

If not otherwise permitted as principal uses, the following vehicle sales and service activities are permitted as minor uses if related to and incidental to the indicated principal permitted use on the same site:

A miscellaneous retail petroleum outlet is permitted with any compatible principal use. (See CMC § 9138.11 .)

Minor repairs and services (as defined in CMC § 9138.11 ) are permitted with an automobile service station or automobile laundry other than a self-service automobile laundry. (See CMC § 9138.14 ) and (CMC § 9133.1 for CR Zone, MUR Overlay District and properties in all zones within 100 feet of residential zones.)

Minor repairs and services (as defined in CMC § 9138.11 ) incidental to the sale of new automobile parts, and including the installation of seat covers, are permitted with the sale of new automobile parts subject to the requirements of CMC § 9138.2 . (See CMC § 9133.1 for CR Zone, MUR Overlay District and properties in all zones within 100 feet of residential zones.)

Major repairs and services (as defined in CMC § 9138.11 ), as well as minor repairs and services are permitted with motor vehicle sales, subject to the requirements of CMC § 9138.2 and § 9138.15(C) . (See CMC § 9133.1 for CR Zone, MUR Overlay District and properties in all zones within 100 feet of residential zones.)

Sale of used vehicles which have been received as trade-ins is permitted with the sale of new vehicles.

Rental or leasing of new or used vehicles is permitted with the sale of new or used vehicles.

Minor repairs and services (as defined in CMC § 9138.11(A )(4) are permitted with a vehicle auction. (See CMC § 9133.1 for CR Zone, MUR Overlay District and properties in all zones within 100 feet of residential zones.)

(Ord. 04-1322 § 3; Ord. 03-1279 § 3; Ord. 96-1085 § 4)

§ 9132.3. Laboratories. ¶

A medical or dental laboratory is permitted as a minor use if related to and incidental to a medical or dental clinic or office building in the CN or CR Zones (in addition to being permitted as an independent use in the CG Zone).

§ 9132.4. Storage. ¶

Storage of materials in the commercial zones is limited to the inventories, supplies and equipment needed in order to conduct retail sales or other permitted activities on the same premises or for retail delivery from the premises. In addition, the following specific limitations apply (refer to CMC § 9138.15 for CA Zone):

Except for use in construction on the same premises, sand, gravel or rock storage is limited to two thousand (2,000) tons total and is permitted only with the sale of building materials.

Petroleum or petroleum products storage is limited to twenty-five hundred (2,500) barrels and is permitted only with a retail petroleum outlet.

Outdoor storage is not permitted in the CN, CR or CA Zones. Outdoor storage in the CG Zone is subject to the requirements of CMC § 9136.29(I) .

Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I of this Code.

(Ord. 03-1279 § 4; Ord. 79-479 § 7)

§ 9132.5. Outdoor Display. ¶

Outdoor display in the commercial zones is limited to the following items:

Vehicles (automobiles, motorcycles, motorscooters, bicycles, recreation vehicles, trucks, mobile homes, or other vehicles).

Boats.

Agricultural produce.

Nursery stock.

Flowers and plants. Christmas trees.

Garden equipment and supplies.

Building materials.

Monuments, tombstones, statuary.

Similar items as determined in accordance with the Interpretation procedure of CMC § 9172.24 . Outdoor displays are subject to the provisions of CMC § 9136.29(H) .

Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I of this Code. (Ord. 79-479 § 7)

§ 9132.6. Service and Repair. ¶

Except as otherwise regulated under the provisions of this Chapter and other applicable laws and regulations, service and repair of materials and equipment are only permitted in the commercial zones as minor uses, related to and incidental to principal permitted uses on the same premises and limited in scope and degree to that which is customary in connection with retail trade and retail service.

The following service and repair activities are specifically permitted:

Lawnmower sharpening is permitted with a fix-it shop, locksmith or nursery.

Repair and rental of garden tools is permitted with a nursery.

§ 9132.7. Amusement Machines. ¶

The operation of three (3) or fewer amusement machines shall be permitted only in connection with a cocktail lounge, bar, bona fide restaurant, or theater. Any business legally containing three (3) or fewer amusement machines on January 3, 1983, shall eliminate all amusement machines on or before December 31, 1984. No person may increase the number of amusement machines in such a business.

(Ord. 84-685 § 2; Ord. 83-637 § 2)

§ 9132.8. Fairs and Bazaars. ¶

Fairs and bazaars when conducted by a church, school or other nonprofit public service organization are a permitted accessory use provided the fair or bazaar is located on the same site as the subject facility, does not occupy more than fifty (50) percent of the required parking area or obstruct circulation and that said events do not occur more than four (4) times in any one (1) year unless approved by the Director for additional events. (Ord. 98-1135 § 2; Ord. 87-813 § 3)

§ 9132.9. Small Collection Recycling Facility. ¶

A small collection recycling facility is permitted as a minor use within the CN, CR, CG, and MU-CS zones if incidental to an existing primary commercial use and if within a designated convenience district as defined in CMC § 9191.508 . A small collection recycling facility shall comply with the requirements of CMC § 9138.6 .

(Ord. 11-1479 § 9; Ord. 87-819 § 1)

Division 3. Conditional Use Criteria

§ 9133.1. Conditional Use Criteria. ¶

In addition to the general criteria for the approval of a conditional use permit pursuant to CMC § 9172.21(D )(1), special criteria and limitations as indicated below shall be considered in acting upon a conditional use permit in a commercial zone:

Retail sale of ornamental brick, stone, tile, flagstone:

The size of the site, the amount of materials on hand, and the appearance thereof shall not create the character of an industrial or outdoor storage use.

Adult business:

The business shall satisfy the requirements of CMC § 9138.9 .

Massage service:

The business shall satisfy the requirements of CMC § 9138.91 and § 63134 et seq.

Tattoo service:

The business shall satisfy the requirements of CMC § 9138.92 .

Mortuary:

The use shall be compatible with surrounding uses.

Motion picture studio:

The activity shall be entirely within buildings.

The height and bulk of buildings shall not be excessive in relation to the site and surrounding development.

Restaurants, including drive-thru, cafes, dinner houses, or establishments offering food for in-house or take out consumption in the CA Zone:

Compliance with CMC § 9138.15 .

Automobile laundry:

Ability to comply with the provisions of CMC § 9138.14 .

Sale, rental or lease of trucks or trailers over two (2) ton capacity (new or used):

The number and size of vehicles on hand and the appearance thereof shall not create the character of a truck yard or industrial use.

Major repair as defined in CMC § 9138.11 for CA Zone only:

Compliance with CMC § 9138.15 .

Automobile service stations in the CA Zone:

Compliance with CMC § 9138.14 and § 9138.15 .

Transmitter, receiver or repeater station – radio, television, microwave:

No excessive electronic interference shall be generated.

No unusual or unnecessary hazards to aircraft shall be created.

The height and appearance of structures shall not be detrimental to the character of the surrounding area.

Electric distribution substation, gas measurement station, pumping station, water well, water reservoir:

The facility shall be necessary for the safe or efficient functioning of a public utility or pipeline system.

The location in a commercial zone shall be necessary to serve commercial or residential uses in the vicinity, or no suitable alternative location shall be available.

Driving skill course:

In addition to the provisions of CMC § 9162.21(C), parking shall be provided at a ratio of fifteen (15) spaces per four hundred (400) yards of track, plus one (1) space per employee on the largest shift.

In addition to the provisions of CMC § 9162.52 , lawns or landscaping shall be installed on all unpaved areas of the site.

In addition to the provisions of CMC § 9136.2, the track shall maintain a twenty-five (25) foot setback from any property line adjacent to another property or public street.

Adequate steps shall be taken to prevent excessive noise from emanating from the site.

Hospital, long-term health care facility, community residential care facility:

The facility shall become licensed pursuant to Division 2 of the California Health and Safety Code or, if exempt from licensure, shall meet standards equivalent to those prescribed by State law.

The surrounding area does not provide an environment detrimental to health care or residential care.

Mobile home park:

Ability to comply with the provisions of CMC § 9128.2 .

Alcoholic beverage sales and services:

Ability to comply with the provisions of CMC § 9138.5 .

Shared parking facilities:

Ability to comply with the provisions of CMC § 9162.24 .

Arcades:

Compliance with the provisions of CMC § 9138.4 .

Boarding or rooming house, residential hotel, motel with kitchens:

The surrounding area does not provide an environment detrimental to long-term residence.

Fraternity or sorority house, dormitory:

The surrounding area does not provide an environment detrimental to residence.

The location shall be conveniently accessible in relation to the college or institution attended by residents.

Multiple-family residential, residential condominiums, mixed-use developments:

Compliance with the provisions of CMC § 9138.7 , § 9138.17 and § 9138.18 .

Oil well:

Ability to comply with the provisions of CMC § 9500 – 9537 , Oil and Gas Code.

Vehicle repair and service:

Compliance with the provisions of CMC § 9138.2 .

Vehicle repair and service (as primary use [[1]] ) for those properties fronting Avalon Boulevard and within the CA Zone only:

Ability to comply with CMC § 9138.15[[2]] and 9138.2 [[3]] .

Sales of used automobiles, recreation vehicles, and trucks not over two (2) ton capacity (as primary use) in the CA Zone only:

The business shall occupy property a minimum of two (2) acres in area.

Ability to comply with CMC § 9138.15 .

Automotive and equipment auction for those properties fronting Avalon Boulevard and within the CA Zone:

Ability to comply with CMC § 9138.15 and § 9138.2 .

Lawfully established automotive and equipment auctions in the CA Zone shall cease operations and discontinue business on or before July 1, 2017. After that date, no new auctions are permitted in the CA Zone.

(Ord. 16-1590, Exh. B (§ 7); Ord. 11-1480 § 2; Ord. 11-1473 § 2; Ord. 08-1404 § 2; Ord. 07-1392 § 9; Ord. 06-1363 § 9; Ord. 06-1349 § 2; Ord. 04-1322 § 4; Ord. 03-1279 § 5; Ord. 95-1079, Exh. A.; Ord. 94-1039 § 4; Ord. 94-1037 § 5; Ord. 94-1035U § 4; Ord. 93-1001 § 2; Ord. 85-685 § 3; Ord. 83654 § 1; Ord. 83-637U § 3; Ord. 82-621 § 3; Ord. 78-431)

[1] Lawfully established automotive repair facilities on property fronting Avalon Boulevard shall discontinue operations on or before July 1, 2017.
[2] Lawfully established automotive repair facilities on property fronting Avalon Boulevard shall discontinue operations on or before July 1, 2017.
[3] Lawfully established automotive repair facilities on property fronting Avalon Boulevard shall discontinue operations on or before July 1, 2017.