Chapter 16.051 — COMMERCIAL DISTRICTS

The Commercial Districts are intended to provide for developments and uses involving the retail sale of goods, the provision of services to the public, and office functions. The Commercial Districts are of such number and character so as to differentiate among the various areas of commercial developments and uses, provide for optimum locations for various commercial uses with respect to access and service areas, achieve compatibility of uses within each district, and minimize adverse impacts to uses in adjacent districts. These Commercial Districts, and the uses permitted and development standards contained in this chapter, are based on the goals and objectives of, and locations shown on, the General Plan of the City of Claremont. Consistent with the General Plan, the City strives to maintain the character of its commercial districts, and encourages a mix of retail, office, and professional uses that will broaden the local tax base, create employment, and benefit the citizens of Claremont.

This chapter shall apply to all land in the Commercial Districts. Any and every building, premises, and land in the Commercial Districts shall be used or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the Commercial Districts only in accordance with all applicable sections of this chapter and regulations of this title. (08-05)

The Commercial Districts are as follows:

A. CP Commercial Professional District

The CP Commercial Professional District is intended primarily for the development of professional/administrative offices, financial institutions, exhibit facilities, and related support services rather than commercial retail sales. This district is generally located adjacent to residential areas and may serve as a transitional zone between residential and commercial retail uses. Uses in the district shall generally be ones that do not generate high volumes of traffic, result in significant light or noise, and involve nighttime activities. In considering uses permitted with a conditional use permit, the Planning Commission shall consider the possible adverse impacts that the uses may have on adjacent development. No use shall involve the manufacture or sale of any goods, except when the Director of Community Development determines that such activities are minor and clearly ancillary to a permitted use. The limited permitted uses and the district development standards make the CP Commercial Professional District relatively compatible with residential uses.

Multiple-family residential uses may be permitted in the CP Commercial Professional District with a conditional use permit approved pursuant to Chapter 16.303 . The residential density shall not exceed one dwelling unit per 3000 square feet of lot area, except when a density bonus is granted pursuant to Chapter 16.033 . The density bonus will be the density bonus available to properties within the RM 3000 District under Chapter 16.033 . For development of multiple-family structures within this district, the development standards applicable to RM 3000 District under Chapters 16.013 and 16.033 shall apply.

B. CN Commercial Neighborhood District

The CN Commercial Neighborhood District is intended to provide for limited, small-scale retail sales and service businesses to meet the needs of residents in adjacent neighborhoods. Administrative offices are also appropriate uses for this district. The district is encircled by residential uses and the uses permitted in the district are those that will not generate many vehicular trips from residents or businesses located from outside the adjacent neighborhoods.

All development within the CN Commercial Neighborhood District shall be planned, developed, maintained, and managed as single commercial complexes with shared access and parking to minimize any adverse impacts to the adjacent residential neighborhoods. A development plan shall be required in conjunction with any application for a zone change to the CN Commercial Neighborhood District. This district has a lower maximum height standard, and greater side and rear setback requirements than those required of development in other commercial districts to ensure that development in this district will be compatible with adjacent residential areas.

C. CL Commercial Limited District

The CL Commercial Limited District is intended for the development of small retail shopping centers with limited uses to serve the day-to-day living needs of residents of the City. The districts are located at the edges of residential neighborhoods along arterial streets to protect residential areas from intrusive and unnecessary vehicular traffic.

All development within the CL Commercial Limited Districts shall consist of shopping centers planned, developed, maintained, and managed as a single commercial complex with shared access and parking. A development plan shall be required in conjunction with any application for zone change to the CL Limited Commercial District.

• D. CH Commercial Highway District

The CH Commercial Highway District is intended to provide for a broad spectrum of general retail, service, and office uses to serve local, as well as broader regional, market areas. These uses can be standalone businesses located as individual developments that face directly onto major or secondary arterial streets, or they may be located in larger commercial complexes or shopping centers located along arterial streets. They may be more intense and/or are typically more dependent on their visibility to large volumes of traffic than the uses located in the City's other commercial districts. Outdoor uses such as plant nurseries, lumberyards, automobile sales, and outdoor recreational facilities may also be permitted in the CH Commercial Highway District with a conditional use permit.

E. CF Commercial Freeway District

The CF Commercial Freeway District is intended to provide for a concentration of major commercial uses such as hotels, service stations, restaurants, auto sales, and big box retail that are dependent on their exposure to large volume freeway traffic, and uses that are related to and serve the needs of the motoring public. The concentration of such uses in this district makes this district a major trade area of significant economic importance to the City.

1. Minimum Lease Space

The use and development standards for this district are intended to promote viable, high-quality commercial development that will increase the local tax base. In order to facilitate the development of large commercial spaces for businesses that serve the region, no commercial lease spaces of less than 4,000 square feet shall be created, constructed, established, or divided in the CF Commercial Freeway District after July 27, 2000, except as follows:

• a. Uses With Approved Outdoor Facilities

For a use that includes outdoor facilities such as an outdoor sales display or service area, drive-through lane, or outdoor seating approved with a conditional use permit pursuant to Chapter 16.303 , the area of the approved outdoor facility may be combined with the area of the indoor lease space to meet the required minimum lease space requirement.

• b. In-Line Lease Spaces

In-line lease spaces that are attached to and/or part of a building which contains a major tenant space of no less than 20,000 square feet may be created, provided that each resulting in-line lease space is no less than 900 square feet.

2. Nonconforming Development

All existing commercial lease spaces in the CF Commercial Freeway District that do not meet the requirements of this section are deemed nonconforming development subject to Chapter 16.400 .

(08-05)

A. Permitted Uses

The uses and development permitted in the Commercial Districts are listed in the following Table 16.051.A as indicated in the columns beneath each commercial district. Where indicated with the letter "P," the use or development shall be permitted. Where indicated with the letters "CUP," the use or development shall require approval of a conditional use permit pursuant to Chapter 16.303 . Where indicated with the letters "SUDP," the use or development shall require approval of a special use and development permit pursuant to Chapter 16.306 . Where indicated with the symbol < >, the use is prohibited. In the event a use is not listed or there is difficulty in categorizing a use as one of the uses listed in Table 16.051.A, the use shall be prohibited unless a Finding of Similar Use is approved by the Director of Community Development pursuant to Chapter 16.339 . In addition, a permitted use may include ancillary uses, provided the Director of Community Development determines such ancillary uses are appropriate, compatible with, and secondary to the permitted use, and are consistent with the intent of the district in which such uses are located.

(click here to view the full table)

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B. Outside Uses

All sales, services, and storage in the Commercial Districts shall only be conducted within a totally enclosed building, except as otherwise specifically permitted in this title. Temporary and minor special outdoor uses may be permitted with approval of a special use and development permit pursuant to Chapter 16.306 , and incidental outdoor uses abutting and operated as part of permanent commercial uses, including incidental outdoor displays, outdoor seating, and sidewalk sales, may be permitted pursuant to Chapter 16.090 .

C. Manufacturing, Fabrication or Wholesaling of Goods Prohibited

No manufacturing, fabrication, or wholesaling of goods shall be permitted in the Commercial Districts, except as otherwise permitted by this title or when the Director of Community Development determines that the manufacturing of goods is minor and clearly ancillary to a permitted commercial use located on the same lot.

D. On-Site Sale of Alcoholic Beverages

The on-site sale of alcoholic beverages shall be permitted in the Commercial Districts only in conjunction with a bona fide public eating-place, as defined in the State Business and Professions Code (Business and Professions Code Section 23038 ) and with approval of a conditional use permit pursuant to Chapter 16.303 . Such eating-places shall make meals available to patrons at all times when serving alcoholic beverages. "Meals" means the usual assortment of foods commonly ordered at various hours of the day; the service of such food and victuals only as sandwiches or salads shall not be deemed a compliance with this requirement.

E. Sale of Alcohol for Off-site Consumption

In granting a conditional use permit for the sale of alcohol for off-site consumption, the Planning Commission shall be required to make the finding that the public convenience or necessity will be served by the proposed use in addition to the required findings in Chapter 16.303 . Such finding shall be written and submitted to the local office of the Department of Alcoholic Beverage Control as required by Section 23958.4 of the Business and Professions Code.

F. Automobile Service Centers

Automobile service stations shall be subject to Chapter 16.087 Automobile Service Stations.

G. Drive-Through Facilities

No drive-through facilities shall be permitted in the Commercial Districts, except a drive-through restaurant may be permitted in the CF Commercial Freeway District with approval of a conditional use permit pursuant to Chapters 16.093 and 16.303 .

H. Mixed Residential/Commercial Use Developments

Residential development may be permitted in the Commercial Districts, except in the CF Commercial Freeway District, with a conditional use permit approved pursuant to Chapter 16.303 , and provided such residential development is a component of a larger mixed-use development. Such mixed-use development shall include commercial uses located on the ground floor. Residential uses are encouraged to be located on the second floor above commercial uses. Parking for the residential uses shall be provided as required by the parking standards for the RM 2,000 District except if reduced with the approval of a density bonus pursuant to Chapter 16.033 . No residential uses shall be permitted in the CF District. (08-05; 12-01; 14-04; 15-09; 16-03; 18-07)

The property development standards contained in the following chart shall apply to all land and structures in the Commercial Districts. For exceptions and explanatory description of these standards, off-site improvement and dedication requirements in conjunction with new developments, standards of fences, and walls, see Chapters 16.130 through 16.154 , and standards for signs, see Title 18 .

(click here to view the full table)

(08-05)

Development of property that is located within the Claremont Village Design Plan's boundaries shall conform to the Claremont Village Design Plan. The intent of the plan is to ensure that development will enrich and preserve the character of the Village. Development proposals shall be reviewed by the Architectural Commission for conformance to the Claremont Village Design Plan.

(08-05)

Incidental indoor seating for use in connection with the consumption of food is permitted in retail bakeries, retail food markets, and other retail food establishments, provided the maximum square footage of the seating area does not exceed 25 percent of the total gross floor area of the business. No additional parking is required for such indoor seating beyond the amount set forth for retail or general uses by the district development standards of this title. Any indoor seating that exceeds 25 percent of the total gross floor area of the business is subject to the standard parking requirements as specified by the district development standards.

(12-01)