Corcoran Municipal Code Ch. 12 Commercial Zone Districts

A. The purpose of this chapter is to achieve the following:

1. Expand job creating and revenue generating activities by increasing the overall amount of retail and commercial services in the city.

2. Encourage development of vacant or underutilized land within the city limits.

3. Establish community design guidelines for new development and revitalization projects that reflect high standards of community development, appearance and image.

B. The purposes of the individual commercial zone districts are as follows:

1. The CC central commercial district is intended to be applied both to the central commercial core of the city, and to certain commercial areas outside of the central core as may be designated by the general plan. These areas constitute the primary commercial districts of the community where a wide range of retail, financial, governmental, professional, business service and entertainment activities, except theaters, and uses are encouraged to concentrate to serve the entire community. Restaurants with more than twenty (20) permanent seat capacity not connected with a drive-in are preferred to be located in the downtown commercial district. Commercial areas outside of the city's commercial core are intended to be developed only as unified commercial centers, except where the existing development pattern makes it impractical.

The CC district also includes provisions for commercial uses along arterial and collector streets where a mixture of commercial, residential, industrial and other uses exists to the extent that it is impractical to apply any other zone district. Any existing use within the CC district, except a residential use, shall be considered as an allowed use, allowing expansion of the use on the same or adjacent property, including properties separated by public rights of way, subject only to the provisions of administrative review/approval.

2. The CN neighborhood commercial district is intended primarily for the provision of retail and personal service facilities to satisfy the convenience goods needs of the consumer relatively close to their place of residence.

3. The CS service commercial district is intended primarily for establishments engaged in servicing equipment, materials and products, but which do not require the manufacturing, assembling, packaging or processing of articles or merchandise for distribution and retail sale. Land requirements for most service commercial uses generally dictates their application along arterial streets of the city which generally lie close to central commercial, highway commercial and industrial districts, in accordance with the general plan. CS uses may be allowed in other areas of the city where there is a larger integrated development and where the needs of the traveling public can be served. Where existing residential uses exist they may be maintained and expanded provided that land use conflicts are not present or may become present, and subject to administrative review/approval.

4. The CO commercial office district is intended for a broad range of retail and wholesale sales when associated with offices such as construction materials or trades, building contractors, farm services, computers, offices, real estate, financial, and other offices, and similar and related uses. This district encourages the establishment of business parks or groups of buildings of similar character and design. Where existing residential uses exist they may be maintained and expanded provided that land use conflicts are not present or may become present, and subject to administrative review/approval.

5. The CH highway commercial district is intended to provide retail business opportunities for development of integrated commercial developments near the intersections of State Highway 43 and major local streets. A broad range of retail businesses and services are envisioned such as restaurants, motels, truck stops, fueling, convenience shopping, vehicle services that are associated with retail sales of new or used vehicles or equipment, and similar services used by the traveling public. Sites developed in this district shall be designed to provide an integrated appearance and signage, and include substantial landscaping to promote a positive entryway image to the city. Where existing residential uses exist they may be maintained and expanded provided that land use conflicts are not present or may become present, and subject to administrative review/approval. (Ord. 527, 8-4-1997)

6. The CD downtown commercial district is intended to stabilize and expand the retail and commercial opportunities for businesses serving the community in the downtown core. The downtown represents a concentration of buildings of various ages and characters which can be brought together in a thematic appearance with public and private improvements including street improvements, streetscaping, structural design and color improvements. A broad range of business opportunities are allowed in combination with residential uses. Residential uses considered appropriate are multi- family dwellings as a secondary use (not to exceed 50 percent of the total square feet of the existing building) and single-family dwellings when associated with adjacent single- family dwellings and where the potential for land use conflicts are not present or may become present, and subject to administrative review/approval. The city intends that a great amount of flexibility be allowed in the type of commercial businesses to the extent that they are compatible with surrounding businesses and uses. Restaurants with more than twenty (20) permanent seats are appropriate in the CD district. Uses that will be discouraged include those which create excessive noise, odor, dust, and do not promote expansion of the retail atmosphere of the downtown. (Ord. 527, 8-4-1997; amd. Ord. 592, 2-20-2007)

The following general types of land uses allowed by this chapter in each commercial zone district are summarized in the following tables. The land uses listed are meant to be indicative of a range of types and are not meant to be exclusive. Where a question of definition exists between the type of land use listed and the type of land use proposed, the question shall be resolved pursuant to chapter 1 of this title.

A. Definitions: The following definitions shall apply to describing land uses and required permits:

1. Allowable subject to compliance with all applicable provisions of this chapter including site plan review, and subject to first obtaining any building permit or other permit or license required by the city code ("•" uses on the table).

2. Allowable subject to approval of an administrative review/approval conducted by the planning director pursuant to chapter 18 of this title, and a site plan review pursuant to chapter 20 of this title, if required, and subject to first obtaining any building permit or other permit or license required by this code ("AR" uses on the table).

3. Allowable subject to first obtaining a conditional use permit pursuant to chapter 19 of this title and subject to first obtaining any building permit or other permit or license required by this code ("CUP" uses on the table).

4. Land uses that are not allowable in a particular zone district are shown on the tables as a shaded box.

B. Commercial Zone Land Uses And Permit Requirement Tables:

COMMERCIAL ZONES AND PERMIT REQUIREMENTS

Note:

1. Only allowed with CUP when part of a public or quasi-public facility.

(Ord. 527, 8-4-1997; amd. Ord. 549, 8-20-2002; Ord. 559, 4-2-2002; Ord. 580, 2-23-2005; Ord. 581, 3-23-2005; Ord. 585, 5-24-2006; Ord. 592, 2-20-2007; Ord. 602, 5-5-2008)

C. Medical Marijuana Dispensaries Prohibited: Medical marijuana dispensaries shall not be a land use allowed by this chapter in any of the commercial zone districts summarized in subsection B of this section. "Medical marijuana dispensary" means any facility or location where medical marijuana is made available to and/or distributed by or to three (3) or more of the following: 1) a primary caregiver, 2) a qualified patient, or 3) a person with an identification card, in strict accordance with California Health and Safety Code section 11352.5 et seq. "Medical marijuana dispensary" shall not include the following uses, so long as the location of such uses are otherwise regulated by this code or applicable law: 1) a clinic licensed pursuant to chapter 1 of division 2 of the California Health and Safety Code, 2) a healthcare facility licensed pursuant to chapter 2 of division 2 of the California Health and Safety Code, 3) a residential care facility for persons with chronic life threatening illness licensed pursuant to chapter 3.01 of division 2 of the California Health and Safety Code, 4) a residential care facility for the elderly licensed pursuant to chapter 3.2 of division 2 of the California Health and Safety Code, 5) a residential hospice, or 6) a home health agency licensed pursuant to chapter 8 of division 2 of the California Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, California Health and Safety Code section 11362.5 et seq. (Ord. 577, 1-12-2005)

A. In a C district, all businesses, services, and processes shall be conducted entirely within a completely enclosed structure, except for the following:

1. Open display areas under the roof of the storefront on private property behind the public sidewalk (canopies over the public sidewalk are not considered the roof of the storefront);

• 2. Parking and loading areas;
• 3. Service stations;
• 4. Outdoor dining areas;
• 5. Nurseries and plant/garden shops;
• 6. Christmas tree sales;
• 7. Bus stops;
• 8. Public utility stations;
• 9. Vehicle sales;

10. Outdoor displays of merchandise on the public sidewalk may be permitted on Thursday, Friday, Saturday, and only subject to the following conditions:

a. That the merchandise displayed be the merchandise of the store and not a temporary vendor;

b. That the merchandise displayed be within the boundaries of the storefront;

c. That merchandise must not be displayed in cardboard boxes;

d. That the merchandise displayed not cover more than one- half (1/2) the width of the sidewalk, which must be located next to the storefront measured from the face of curb to the property line;

e. That the remaining one-half (1/2) width of the sidewalk measured from the curb be clear for pedestrians;

f. Large merchandise, such as appliances and furniture, shall be limited to a single row located next to the store frontage;

g. That each sidewalk sale be limited to three (3) consecutive days (Thursday, Friday, Saturday) and holidays;

h. That signage shall be as follows:

(1) Rack or table displays, two (2) square feet; and

(2) Appliances, furniture, and the like, one sign on one item only, not to exceed twenty five percent (25%) of the size of the item.

i. That all sidewalk sale signs be removed at the end of the sale.

11. Parking lot sales approved by the planning director subject to the following conditions:

a. That the merchandise displayed be the merchandise of the store and not a temporary vendor;

b. That the merchandise and related concession be within the boundary of the parking lot, except when in conjunction with a sidewalk sale;

c. That merchandise must not be displayed in cardboard boxes;

d. That each parking lot sale be limited to three (3) consecutive days (Thursday, Friday, Saturday) and holidays;

e. That the use of a public parking lot, public street, or public alley requires the approval of the council; and

f. That all parking lot sale signs be removed at the end of the sale.

B. No use shall be permitted and no process, equipment, or material shall be used which is found by the planning commission to be objectionable to persons living or working in the vicinity by reasons of odor, fumes, dust, smoke, cinders, dirt, refuse, water carried waste, noise, vibration, illumination, glare, or unsightliness or to involve any hazard of fire or explosion.

C. Other than the temporary sidewalk sales addressed in subsection A of this section, the use of the public right of way for the display and sales of merchandise shall require approval by the city council. Permanent use for such purposes is strictly prohibited. (Ord. 560, 4-2-2002)

COMMERCIAL ZONE GENERAL DEVELOPMENT STANDARDS

Notes:

1. Except if adjacent to any residential land use or professional office district, the minimum setback shall be 10 feet.

2. May exceed height limitation with conditional use permit.

3. Fee structure for parking in lieu of providing parking on site.

(Ord. 527, 8-4-1997)

A. All businesses in the central commercial district shall be subject to the following special development conditions:

1. All new construction shall first comply with site plan review requirements of chapter 20 of this title.

a. Special development standards may be required for new development. Special standards may include, but not be limited to:

(1) Parking standards.

(2) Landscaping standards.

(3) Curb, gutter, sidewalk, and streetlight standards within the public right of way.

(4) Street construction standards.

2. All businesses in the central commercial district shall be subject to site plan review prior to the issuance of a business license.

3. Expansion, rehabilitation, or reconstruction of single- family dwellings, provided that such continued use will not significantly disrupt the continuity of commercial buildings on predominately commercially oriented streets. Expansion, rehabilitation, or reconstruction of such residential uses shall not create a health or safety threat to the inhabitants of the dwelling from noise, odor, dust, or exposure to hazardous conditions, and that continued use of the dwelling will not significantly interfere with the normal operation of businesses currently existing in the commercial district.

a. Construction of new, or expansion, rehabilitation, or reconstruction of existing single-family dwellings requires administrative review/approval pursuant to chapter 18 of this title.

(1) Rehabilitation of existing single-family dwellings may be allowed when the unit does not front on main commercial streets in the commercial core and when the location would not significantly impact, or be impacted by commercial uses.

(2) Construction of new detached single-family residential dwellings on existing lots in the district shall only be allowed where the proposed dwelling is infill between existing residential units that are likely to remain in place for at least twenty (20) years.

(3) Subdivision, parceling of lots, or lot line adjustments for the purposes of constructing new single-family dwellings is prohibited in the district.

B. All businesses in the Highway Commercial District shall be subject to the following special development conditions:

1. All new construction shall first comply with site plan review requirements of Chapter 20 of this Title.

a. Special development standards may be required for new development as adopted in the Corcoran Area Plan. Special standards may include, but not be limited to:

(1) Parking standards.

(2) Landscaping standards.

(3) Special construction standards including building color, and architectural and structural design.

(4) Curb, gutter, sidewalk, and street light standards within the public right of way.

(5) Street construction standards.

2. All businesses in the Highway Commercial District shall be subject to Site Plan Review prior to the issuance of a business license.

a. Special development standards may be required for new businesses as adopted in the Corcoran Area Plan. Special standards may include, but not be limited to:

(1) Parking standards.

(2) Landscaping standards.

(3) Special construction standards including building color, facades, and architectural and structural design.

(4) Curb, gutter, sidewalk, and street light standards within the public right of way.

(5) Street construction standards.

3. Expansion, rehabilitation, or reconstruction of single- family dwellings, provided that such continued use will not significantly disrupt the continuity of commercial buildings on predominately commercially oriented streets. Expansion, rehabilitation, or reconstruction of such residential uses shall not create a health or safety threat to the inhabitants of the dwelling from noise, odor, dust, or exposure to hazardous conditions, and that continued use of the dwelling will not significantly interfere with the normal operation of businesses currently existing in the commercial district.

a. Construction of new, or expansion, rehabilitation, or reconstruction of existing single-family dwellings requires administrative review/approval pursuant to Chapter 18 of this Title.

(1) Rehabilitation of existing single-family dwellings may be allowed when the unit does not front on main commercial streets in the commercial core and when the location would not significantly impact, or be impacted by commercial uses.

(2) Construction of new detached single-family residential dwellings on existing lots in the District shall only be allowed where the proposed dwelling is infill between existing residential units that are likely to remain in place for at least twenty (20) years.

(3) Subdivision, parceling of lots, or lot line adjustments for the purposes of constructing new single-family dwellings is prohibited in the District.

C. All businesses in the Downtown Commercial District shall be subject to the following special development conditions:

1. All new construction shall first comply with site plan review requirements of Chapter 20 of this Title.

a. Special development standards may be required for new development as adopted in a downtown plan. Special standards may include, but not be limited to:

(1) Parking standards.

(2) Landscaping standards.

(3) Special construction standards including building color, facades, and architectural and structural design.

(4) Curb, gutter, sidewalk, and street light standards within the public right of way.

(5) Street construction standards.

2. All businesses in the Downtown Commercial District shall be subject to Site Plan Review prior to the issuance of a business license.

a. Special development standards may be required for new businesses as adopted in a downtown plan. Special standards may include, but not be limited to:

(1) Parking standards.

(2) Landscaping standards.

(3) Special construction standards including building color, facades, and architectural and structural design.

(4) Curb, gutter, sidewalk, and street light standards within the public right of way.

(5) Street construction standards.

3. Expansion, rehabilitation, or reconstruction of single- family dwellings, provided that such continued use will not significantly disrupt the continuity of commercial buildings on predominately commercially oriented streets. Expansion, rehabilitation, or reconstruction of such residential uses shall not create a health or safety threat to the inhabitants of the dwelling from noise, odor, dust, or exposure to hazardous conditions, and that continued use of the dwelling will not significantly interfere with the normal operation of businesses currently existing in the commercial district.

a. Construction of new, or expansion, rehabilitation, or reconstruction of existing single-family dwellings requires administrative review/approval pursuant to Chapter 18 of this Title.

(1) Rehabilitation of existing single-family dwellings may be allowed when the unit does not front on main commercial streets in the downtown core and when the location would not significantly impact, or be impacted by commercial uses.

(2) Construction of new detached single-family residential dwellings on existing lots in the downtown shall only be allowed where the proposed dwelling is infill between existing residential units that are likely to remain in place for at least twenty (20) years.

(3) Subdivision, parceling of lots, or lot line adjustments for the purposes of constructing new single-family dwellings is prohibited in the Downtown District.

D. All businesses in the Service Commercial District shall be subject to the following special development conditions:

1. All new construction shall first comply with site plan review requirements of Chapter 20 of this Title.

a. Special development standards may be required for new development as adopted in the Corcoran Area Plan. Special standards may include, but not be limited to:

(1) Parking standards.

(2) Landscaping standards.

(3) Special construction standards including building color, and architectural and structural design.

(4) Curb, gutter, sidewalk, and street light standards within the public right of way.

(5) Street construction standards.

2. All businesses in the Service Commercial District shall be subject to site plan review prior to the issuance of a business license.

a. Special development standards may be required for new businesses as adopted in the Corcoran Area Plan. Special standards may include, but not be limited to:

(1) Parking standards.

(2) Landscaping standards.

(3) Special construction standards including building color, and architectural and structural design.

(4) Curb, gutter, sidewalk, and street light standards within the public right of way.

(5) Street construction standards.

3. Expansion, rehabilitation, or reconstruction of single- family dwellings, provided that such continued use will not significantly disrupt the continuity of commercial buildings on predominately commercially oriented streets. Expansion, rehabilitation, or reconstruction of such residential uses shall not create a health or safety threat to the inhabitants of the dwelling from noise, odor, dust, or exposure to hazardous conditions, and that continued use of the dwelling will not significantly interfere with the normal operation of businesses currently existing in the commercial district.

a. Construction of new, or expansion, rehabilitation, or reconstruction of existing single-family dwellings requires administrative review/approval pursuant to Chapter 18 of this Title.

(1) Rehabilitation of existing single-family dwellings may be allowed when the unit does not front on main commercial streets in the downtown core and when the location would not significantly impact, or be impacted by commercial uses.

(2) Construction of new detached single-family residential dwellings on existing lots in the District shall only be allowed where the proposed dwelling is infill between existing residential units that are likely to remain in place for at least twenty (20) years.

(3) Subdivision, parceling of lots, or lot line adjustments for the purposes of constructing new single-family dwellings is prohibited in the commercial district.

E. All businesses in the Commercial Office District shall be subject to the following special development conditions:

1. All new construction shall first comply with site plan review requirements of Chapter 20 of this Title.

a. Special development standards may be required for new development as adopted in the Corcoran Area Plan. Special standards may include, but not be limited to:

(1) Parking standards.

(2) Landscaping standards.

(3) Special construction standards including building color, and architectural and structural design.

(4) Curb, gutter, sidewalk, and street light standards within the public right of way.

(5) Street construction standards.

2. All businesses in the Commercial Office District shall be subject to site plan review prior to the issuance of a business license.

a. Special development standards may be required for new businesses as adopted in the Corcoran Area Plan. Special standards may include, but not be limited to:

(1) Parking standards.

(2) Landscaping standards.

(3) Special construction standards including building color, and architectural and structural design.

(4) Curb, gutter, sidewalk, and street light standards within the public right of way.

(5) Street construction standards.

3. Expansion, rehabilitation, or reconstruction of single- family dwellings, provided that such continued use will not significantly disrupt the continuity of commercial buildings on predominately commercially oriented streets. Expansion, rehabilitation, or reconstruction of such residential uses shall not create a health or safety threat to the inhabitants of the dwelling from noise, odor, dust, or exposure to hazardous conditions, and that continued use of the dwelling will not significantly interfere with the normal operation of businesses currently existing in the commercial district.

a. Construction of new, or expansion, rehabilitation, or reconstruction of existing single-family dwellings requires administrative review/approval pursuant to Chapter 18 of this Title.

(1) Rehabilitation of existing single-family dwellings may be allowed when the unit does not front on main commercial streets in the downtown core and when the location would not significantly impact, or be impacted by commercial uses.

(2) Construction of new detached single-family residential dwellings on existing lots in the district shall only be allowed where the proposed dwelling is infill between existing residential units that are likely to remain in place for at least twenty (20) years.

(3) Subdivision, parceling of lots, or lot line adjustments for the purposes of constructing new single-family dwellings is prohibited in the commercial district. (Ord. 527, 8-4-1997)

A. Where a commercial lot adjoins or is located across a street or alley from an RCO, UR, R, RM or PO District, an ornamental solid wall or fence, six feet (6') minimum in height, or such other height or type of screening device as may be required by the Planning Commission, shall be located on the property line common to such Districts, except in a required front yard.

B. Open storage of materials and equipment shall be permitted only within an area surrounded or screened by a solid wall or fence six feet (6') minimum in height, except as may be modified under the site plan review provisions of Chapter 20 of this Title. Materials or equipment stored shall not be visible above said fence or wall. (Ord. 527, 8-4-1997)

All uses shall be subject to the general provisions and exceptions prescribed in Chapter 17 of this Title. (Ord. 527, 8-4-1997)

Off-street parking and off-street loading facilities shall be provided on the site for each use or on other nearby sites as prescribed under Chapter 14 of this Title. (Ord. 527, 8-4-1997)

Except for one-family dwellings and accessory structures and uses related to one-family dwellings, no use shall be erected on any lot or site in any C District until a site plan shall have been submitted to the City and approved under the provisions of Chapter 20 of this Title. (Ord. 527, 8-4-1997)

No sign or outdoor advertising structure of any character shall be permitted except as prescribed in Chapter 16 of this Title. (Ord. 527, 8-4-1997)