§ 25-21. C-1 ZONE (NEIGHBORHOOD COMMERCIAL).

• a. The purpose of the Neighborhood Commercial district is to provide for the development of small-scale, low-intensity commercial uses that serve the daily needs of residential neighborhoods that are in close proximity to the shopping center. The design of neighborhood commercial centers shall be of a scale and design that is compatible with the surrounding residential neighborhoods. In addition, the design of the center should provide for pedestrian access from surrounding neighborhoods.

• b. The types of permitted and conditional uses that would be allowed in a neighborhood commercial center would be limited to uses that local residents would require on a daily basis including small-scale grocery stores, barber and beauty shops, clothes cleaning establishments, banks, restaurants and similar compatible uses.

The following uses are permitted in the C-1 district.

• a. Accessory uses incidental to a permitted or conditionally permitted use existing on the site.

• b. Automated teller machine (stand-alone or associated with a bank).

• c. Banks and financial institutions.

• d. Check-cashing services.

• e. Clubs, lodges and meeting rooms.

• f. Day care, small- and large-family.

• g. Drainage basins.

• h. Health/athletic clubs.

• i. Mixed-use developments, subject to the requirements detailed in § 25-41 , Special Uses.

• j. Multiple-family dwellings, provided that the use shall be developed in accordance with property development standards of the "R-3" District, § 25-19 .

• k. Offices (administrative, business, medical, general, governmental and professional).

• l. Personal services businesses. Commercial establishments that provide services of a personal nature, including:

  1. Barber and beauty shops.

  2. Cleaners.

  3. Locksmiths.

  4. Mail/delivery stores.

  5. Massage and physical therapy businesses practiced by individuals certified by the state.

  6. Laundry (self-serve).

  7. Music, dance, gymnastics and martial arts studios.

  8. Tattoo shops.

• m. Retail stores and service establishments that supply commodities or services that meet the needs of residents in the community. Permitted uses include:

  1. Bakeries, retail.

  2. Clothing, shoes, jewelry and accessory stores.

  3. Confectionary (candy) stores.

  4. Convenience grocery stores (except that stores selling alcoholic beverages require a conditional use permit).

  5. Florists.

  6. Food stores.

  7. Gift shops.

  8. Hardware and home improvement stores.

  9. Health food stores.

  10. Hobby shops.

  11. Ice cream shops.

  12. Jewelry stores.

  13. Office supply stores.

  14. Pet shops.

  15. Pharmacy/drug stores (except those with a drive-through are not permitted in the C-2 zone).

  16. Photo studios and photographic supplies, art galleries.

  17. Sporting goods stores.

  18. Supermarkets.

  19. Tobacco stores.

  20. Toy stores.

  21. Variety stores.

• n. Restaurants and cafes, including drive-through and drive-in restaurants.

• o. Veterinarian offices.

• p. Video arcades.

• q. Other uses similar in nature and intensity to those permitted, as determined by the City Planner.

The following conditional uses may be permitted in accordance with the provisions of § 25-51 , Conditional Use Permits.

• a. Churches.

• b. Communications buildings and structures, except for wireless telecommunications facilities.

• c. Electrical transmission and distribution substations.

• d. Liquor stores and convenience markets that sell alcoholic beverages.

• e. Parking lots.

• f. Service stations.

• g. Temporary assembly/entertainment uses, including tent revivals, carnivals, circuses.

• h. Water pump stations.

• i. Other uses similar in nature and intensity as determined by the City Planner subject to granting of a conditional use permit.

No development shall be constructed on any lot or site in this district until a site plan has been submitted and approved consistent with § 25-53 , Site Plan and Design Review, (or a conditional use permit for uses listed as such).

• a. Site area, lot frontage and depth: No requirement.

• b. Building height: The maximum height of commercial structures shall be 35 feet/two stories; the maximum height of accessory structures shall be 15 feet.

• c. Yards.

  1. Front: 10 feet, minimum. Further, parking lots shall be separated by a landscaped setback of at least 10 feet from a front property line, and also the side property line for the street side yard on corner lots.

  2. Side: No requirement unless the subject property abuts a residential district, wherein the minimum side yard shall be 10 feet, or where the site is a corner lot, in which a ten-foot setback is required on the street side yard.

  3. Rear: No requirement unless the subject property abuts a residential district, wherein the minimum side yard shall be 10 feet.

Exhibit 21-1: Zoning Standards

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• a. Front, side and rear yards: Fences, walls, and hedges shall not exceed seven feet in height along any front, side or rear property line.

• b. Where a property zoned C-1 abuts a residential district, a seven-foot solid block masonry wall shall be constructed between the two uses. Where appropriate, openings should be provided to allow pedestrians to travel between the two uses.

• a. Uses in the C-1 District shall provide off-street parking consistent with § 25-45 , Auto and Bicycle Parking and Loading.

• b. Parking lots constructed in C-1 district shall be designed and constructed so that within five years of construction, 50% of the parking lot is shaded by trees.

• c. Parking lots shall be separated from buildings by raised sidewalks or curbing.

• d. Parking lots shall be designed to accommodate solid waste pick-up.

Signs shall be consistent with the requirements detailed in § 25-47 , Signs.

• a. A landscaping and irrigation plan shall be submitted on all neighborhood commercial developments to the City Planner for review and approval consistent with the standards in § 2543 (Landscaping, Irrigation and Grading). All setback areas along streets shall be landscaped.

• b. The landscaping and irrigation plan shall show a tree-planting scheme in the parking lot that will result in 50% of the parking lot being shaded within five years.

• c. The landscaping and irrigation plan shall provide for a minimal amount of turf and shall incorporate a variety of xerophytic plants, mulch to reduce water use, and an automated irrigation system that incorporates water conservation technology, including drip irrigation, smart irrigation controllers, and low-flow irrigation heads.

• d. Parking lots should be screened from adjacent public roadways by low walls and/or hedges.

• e. Vines and climbing plants should be used on buildings, trellises and perimeter garden walls in order to soften the appearance on the buildings.

• f. All trash enclosures shall be surrounded by a six-foot solid block wall and the area around the enclosure shall be landscaped. The gate to the enclosure shall be constructed of metal.

[Added 12-20-2021 by Ord. No. 21-06]

• a. Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the Jurisdiction, who are constructing a new (single-family, multi-family, public, institutional, or commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO (Chapter 2.7 of California Code of Regulation Chapter 23 Division 2), including sections related to use of compost and mulch as delineated in this subsection.

• b. The City Council of the City of Firebaugh does hereby adopt by specific reference thereto and incorporation herein by said reference, the provisions of 23 CCR , Division 2, Chapter 2.7 (MWELO) for all intents and purposes and to the same effect as if each and every section, paragraph, subparagraph, word, phrase or clause contained therein were fully set forth herein. If any section, subsection, sentence, clause or phrase of the said code is, for any reason, held to be unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of said code.

• c. Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in paragraph a above shall:

  1. Comply with Sections 492.6 (a)(3)(B)(C),(D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:

     • (a) For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than 6% organic matter in the top six inches of soil are exempt from adding compost and tilling.

     • (b) For landscape installations, a minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to 5% of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.

     • (c) Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled postconsumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.

2. The MWELO compliance items listed in this section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 14(a) shall consult the full MWELO for all requirements.

• d. If, after the adoption of this ordinance, the California Department of Water Resources, or its successor agency, amends 23 CCR , Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires City to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of 23 CCR , Division 2, Chapter 2.7 shall be enforced.

All processes, businesses and services shall be conducted entirely within a completely enclosed structure, except for off-street parking and off-street loading areas, gasoline sales, outdoor dining areas and nurseries.

New development in the C-1 zone shall be designed consistent with the guidelines shown in § 25-27 (Commercial Development Design Guidelines).