Chapter 19.25 — C/R-ET COMMERCIAL/RECREATIONECOTOURISM ZONE

The purpose of the C/R-ET zone is to provide land to meet the demand for goods and services required primarily by the recreation and ecotourist visitor. This zone is intended to implement the recommendations of the 2005 Urban Waterfront and Ecotourism Study. It would also implement Parks and Recreation Element Policy P-7 of the General Plan (Increase Tourist Related Commercial Land Uses) which provides that "The City and its business community should take direct action to increase the amount of tourist-oriented businesses both along the beachfront, South San Diego Bayfront and inland areas."

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The International Ecotourism Society (TIES) defines ecotourism as "responsible travel to natural areas that conserves the environment and sustains the well-being of local people." It is intended that the C/R-ET zone will accommodate the land use needs of the recreation and ecotourism market niches. Among the uses envisioned for the C/R-ET zone include small-scale visitor-serving retail and

services such as specialty stores, shops, eating and drinking establishments (such as restaurants and cafés), recreational uses, fitness, athletic and health club uses, and visitor accommodations (such as hostels, hotels and motels).

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(Ord. 2012-1127 § 3; Ord. 2013-1135 §§ 1, 2)

(Ord. 2012-1127 § 3; Ord. 2013-1135 §§ 1, 2)

The Community Development Director or designee shall make determinations of land use and design. The Director shall assign proposed uses to the appropriate category. The Director shall make architectural/design determinations that are within the intent of this code when not expressly prescribed by this code. For any ambiguity or question of a Director's determination, the applicant or any citizen may file an appeal of the determination to the Planning Commission for an interpretation pursuant to Section 19.02.080 .

(Ord. 2012-1127 § 3; Ord. 2013-1135 §§ 1, 2)

A minimum of sixty percent of the ground floor of the parcels with street frontages shall have active commercial uses, uses that contribute to a high level of pedestrian activity such as retail shops, restaurants, hotels, museums and galleries.

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(Ord. 2012-1127 § 3; Ord. 2013-1135 §§ 1, 2)

Site plan and design review by the City Council will be required for all proposed development involving major new construction. Site plan and design review by the Community Development Director (administrative approval) will be required for any addition, construction, remodel or alteration of existing buildings or exterior façade alterations to existing buildings. (Ord. 2012-1127 § 3; Ord. 2013-1135 §§ 1, 2)

The development standards for the C/R-ET zone are intended to create a small-scale commercial development that preserves coastal views, promotes ecotourism and recreation activities and encourages pedestrian activity through the design and location of buildings, façade treatments, landscaping, street furniture, and travel ways.

To accommodate recreation and ecotourism uses, development may take the form of adaptive reuse of existing structures or existing structures may be demolished to create new development.

• A. Adaptive Reuse Provisions.

  1. Blank sterile walls shall be articulated with building openings (such as doors and windows), moldings, and other façade treatments to create a tourist commercial venue that is at pedestrian scale.

  2. For adaptive reuse proposals in districts characterized by historic or architecturally significant structures, façade changes shall be consistent with and preserve the design theme of such structures.

  3. Pedestrian-oriented walkway treatments and landscaping of the public realm shall be provided.

  4. The Community Development Director and the City Council may approve the design for adaptive reuse proposals that deviate from the prescribed standards in this chapter but yet are consistent with the intent of this chapter.

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• B. New Development/Redevelopment Provisions.

  1. A site and design review plan shall be submitted to function as a regulating plan (enabled by AB 1268, Government Code Section 65302.4) that will contain block, building, land use, public space, landscaping, and architectural elements.

  2. The effect of the site and design review plan shall represent a design statement that is consistent with the intent of this chapter which is to provide a small-scale commercial venue that preserves coastal views and encourages pedestrian activity through the design and location of buildings, façade treatments, landscaping, street furniture, and travel ways.

• C. Setback/Yards/Separation/Building Line, and Stepback Provisions.

  1. For properties fronting on a public street, the front building line shall be set on the front lot line if the sidewalk and parkway improvements are at least ten feet in width. If the sidewalk and parkway improvements are less than ten feet in width, the front building line shall be

set back a reasonable distance from the right-of-way line as determined through a site plan review process in order to accommodate for sidewalk and parkway improvements. For buildings proposed to be set back greater than allowed, a site plan and perspective renderings that analyze and demonstrate the effect that the proposed spatial forms may have on pedestrians shall be submitted for approval. An example of increased setback that may be justified would be provisions for outdoor dining and plazas for public seating areas.

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2. Side yard: five feet for interior lots. For corner lots, the side building line shall be set on the exterior side lot line if the sidewalk and parkway improvements are at least ten feet in width. If the sidewalk and parkway improvements on the exterior side are less than ten feet in width, the side building line shall be set back no more than five feet of the right-of-way line.

   3. Rear yard: ten feet if abutting residentially-zoned property.

   4. Stepback: five feet at second floor if abutting residentially-zoned property.

   5. Detached buildings shall be located not less than six feet from any other building on the same lot.

• D. Building Height Provisions.

  1. Fifteen-foot minimum floor-to-ceiling height for commercial spaces on the ground floor. Twenty-foot minimum height required for single-story buildings.

  2. No building in the C/R-ET zone shall exceed two stories or twenty-six feet in height, whichever is less.

• E. Lot Size Provisions. The minimum area for any new lot created in the C/R-ET zone shall be five thousand square feet with a minimum width of fifty feet along the street frontage.

• F. Landscaping Provisions.

  1. Landscaping and open space shall be provided pursuant to Chapter 19.50 .

  2. Drought tolerant native or naturalizing non-invasive xeriscape elements shall be incorporated into the landscape plan.

  3. Landscaping of the parkway areas adjacent to pedestrian walkways shall be provided.

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4. Stormwater shall drain, to the extent practicable and in concert with engineered drainage plans, toward landscaped areas in order to provide biofiltration of urban runoff.

• G. Climate Change/Sustainability Provisions.

  1. Mitigation Measures.

     • a. Stormwater. Stormwater runoff shall be minimized (in addition to satisfying the stormwater requirements of IBMC Chapter 8.30 ) by infiltrating runoff on-site provided that geotechnical studies support infiltration/percolation capabilities.

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• b. Green Building. The 2010 California Green Building Standards Code (CALGreen Code) became effective January 1, 2011. Projects shall propose additional sustainable elements that minimize the production of greenhouse gases (GHG) and exceed the requirements of the CALGreen Code to possibly include small scale wind turbines, solar panels for water heating and power generation, use of recycled water and materials, and other elements that may qualify for LEED (Leadership in Energy and Environmental Design) certification.

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2. Adaptation Measures.

   • a. Sustainability. Projects shall propose additional sustainable elements that minimize the production of greenhouse gases (GHG) and exceed the requirements of the CALGreen Code to possibly include small scale wind turbines, solar panels for water heating and power generation, use of recycled water and materials, and other elements that may qualify for LEED (Leadership in Energy and Environmental Design) certification.

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• b. Sea Level Rise (SLR). Buildings may have a useful life of fifty to one hundred years or more. Global warming scenarios project an increase in sea level rise due to the effects of greenhouse gases. The State of California projects a rise of ten to seventeen inches by the year 2050 and a rise of thirty-one to sixty-nine inches by the year 2100 (State of California, Sea Level Rise Task Force of the Coastal and Ocean Working Group of the California Climate Action Team (CO-CAT), Sea Level Rise Interim Guidance Document, October 2010). Project proponents shall, using best available science, assess their project for its vulnerability to impacts from sea level rise and, if vulnerable,

propose a reasonable adaptation strategy that may take the form of hard structures (such as seawalls, levees, bulkheads, or rip-rap), soft structures (such as wetland restoration, low impact development (LID), detention basins, bioinfiltration, or bioswales), accommodation (such as elevated grades, elevated structures, floodable development, or floating structures), or withdrawal (such as buffers, rolling easements, disassembly design, or managed retreat). However, revetments and other shoreline protection devices that alter natural shoreline processes shall be permitted when required to serve coastal dependent uses or to protect existing principal structures, and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. New development shall be sited and designed to account for sea level rise such that the need for hard protective structures is avoided.

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• H. Parking Provisions.

  1. Parking shall be provided (on-site and/or off-site) as required pursuant to Chapter 19.48 and with the approval of a site and design review plan.

2. Views of parking facilities shall be buffered with elements such as landscaping or street walls. Parking structures shall be designed with articulation and attractive façade treatment in order to be compatible with the character of a small town commercial tourist district.

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3. Where appropriate, reverse angle/back-in parking is permitted in order to accommodate for bicycle safety.

4. Bicycle parking shall be provided pursuant to Section 5.106.4 of the CALGreen Code.

• I. Building Façade Provisions.

  1. Blank/sterile unarticulated street/building walls are not allowed.

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2. Building openings (in the form of windows, doors, etc.) shall be provided along street frontages. Openings shall not span vertically more than one story.

3. Permitted building materials include: brick and tile masonry, stucco (cementitious finish), native stone, pre-cast masonry (for trim and cornice elements), gypsum reinforced fiber concrete (for trim elements), metal (for beams, lintel, trim and ornamental elements), splitfaced block (for piers and foundation walls), wood lap and Hardie-plank siding.

4. For new development, roof lines shall be varied to create architectural interest. Variations in pitch shall be symmetrical and eaves shall overhang twenty-four inches.

5. For new development, flat and parapet roofs shall be articulated with cornices or coping elements that project out twenty-four inches.

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6. Green roof, skylights, roof vents, wind turbines, roof drains, and solar panels shall be integrated into the architectural style of the building.

7. Roof materials permitted include: clay and concrete tile, slate, standing seam metal, and dimensional asphalt shingles.

• (Ord. 2012-1127 § 3; Ord. 2013-1135 §§ 1, 2; Ord. 2016-1158 § 7)

• A. Proposed signage shall be consistent with Chapter 19.52 .

• B. The character of the sign, which shall be at pedestrian scale, and its illumination shall be consistent with that of the building and not consist of more than three colors.

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• (Ord. 2012-1127 § 3; Ord. 2013-1135 §§ 1, 2)

• A. Street lighting shall be mission-style or of another historical theme and located sixteen feet above grade with a maximum average spacing of sixty feet on center.

• B. Acceptable sidewalk materials include: brick, masonry, tile, permeable and landscape pavers, and stamped Portland cement concrete.

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• C. Seat walls and seating for outdoor dining may be permitted within the right-of-way with the approval of a site and design plan and an encroachment permit or license agreement.

• D. Sufficient right-of-way dedication shall be provided to accommodate at least ten feet of walkway and landscape improvements along public streets.

• E. Public trash and recycling receptacles shall be attractively designed and placed in strategic locations so that they are convenient but do not obstruct pedestrian travel.

• F. Utility meters, utility pedestals, and back-flow preventers shall be located or buffered such that they are not visible from public venues.

• (Ord. 2012-1127 § 3; Ord. 2013-1135 §§ 1, 2)

• A. Custom/incidental manufacturing refers to the small scale on-site production of goods by hand which involves only the use of hand tools or domestic mechanical equipment that do not exceed five horsepower or a single kiln not exceeding eight cubic feet and that such use is restricted as a secondary use to the primary retail or service use where such products are sold directly to consumers. Typical uses include ceramic studios, candle making shops or custom jewelry crafts stores.

• B. Conditional Use Permit. Conditions for any conditional use permit may include, but shall not be limited to, requirements for special yards, open spaces, buffers, fences, walls, and screening; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications, regulations of vehicular ingress and egress and traffic circulation; regulations of signs; regulations of hours of operation; establishment of development schedules or time limits for performance or completion; requirements for periodic review; and such other conditions as may be deemed necessary to ensure compatibility with existing surrounding uses, and to preserve the public health, safety and welfare.

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• C. Refuse and Recycling Containers. Private refuse and recycling containers in conformance with Section 19.74.090 shall be buffered from public venues with landscaping and/or screen walls.

• D. Coastal Development Permit. If the project site proposed for recreational and ecotourism development is located in the original coastal development permit (CDP) jurisdiction of the California Coastal Commission, applicants shall proceed with other required discretionary permits through the City prior to filing for a CDP application with the Commission.

• E. Definitions.

"Boutique hotel (hotel H-6)" means a small elegant lodging facility that is unique and is characterized by personalized service.

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"Ecotourism" means responsible travel to natural areas that conserves the environment and sustains the wellbeing of local people.

"Hostel" means a place where travelers may stay for a limited duration at low cost in a facility that is appropriately recognized by a state, national or international hostel organization and that may include dormitory-like sleeping accommodations.

"Inn (hotel H-5)" means a commercial establishment that affords public lodging on a less than monthly basis and may include meals and other services to travelers. (Ord. 2012-1127 § 3; Ord. 2013-1135 §§ 1, 2)

Chapter 19.26. C/MU-1 GENERAL COMMERCIAL AND MIXED-USE ZONE

The purpose of the C/MU-1 zone is to provide areas for mixed-use development, multiple-family dwellings, and for businesses to meet the local demand for commercial goods and services. It is intended that the dominant type of commercial activity in the C/MU-1 zone will be community and neighborhood serving retail and office uses. (Ord. 94-884; Ord. 2012-1130 § 1)

• A. Specified commercial, residential, light industrial, public and semi-public, green building utilities, and open space and recreation uses allowed in the C/MU-1 zone are listed in Chapter 19.23 , including those requiring a conditional use permit, and shall also comply with the following land use regulations:

  1. For all buildings with frontage along Palm Avenue, including those with multiple-family dwelling units, "active commercial uses" as defined in Chapter 19.05 are required to be provided at a minimum of sixty percent of each building's ground floor lineal footage, have direct pedestrian access from the Palm Avenue sidewalk or a plaza, and have a minimum building depth of twenty-five feet. The remaining forty percent must either be primarily related to the commercial use, such as parking, access, or other non-active commercial purpose or, if related to non-commercial use, must be designed either to encourage and promote pedestrian activity or to visually screen required on-site parking.

  2. Residential dwelling units may be permitted at a maximum density of one unit per every one thousand gross square feet of lot area, except that exclusively residential developments are required to comply with the development standards of the R-1500 (High Density Residential) Zoning District.

  3. Kiosks shall not exceed twenty square feet in area, and shall be located on public plazas or private leaseholds. Kiosks shall not exceed ten locations in the C/MU-1 zone.

  4. Time shares require approval of a conditional use permit and shall be prohibited on the first floor unless twentyfive percent of the units are restricted to overnight accommodations.

• B. The following uses are permitted subject to the approval of a conditional use permit and in compliance with requirements specified below:

  1. Body piercing establishments may be permitted, subject to the approval of a conditional use permit; however, it is unlawful to establish any such body piercing establishment if the location is within one hundred feet of any property that is zoned R-1-6000, R-1-3800, R- 3000-D, R-3000, R-2000 or R-1500, or any other area that is primarily residential in character, as evidenced by letter designation in the zoning law of the City; or within two hundred feet of any of the following:

     • a. Bar, cocktail lounge, or liquor store;

     • b. Body piercing establishment;

     • c. Religious assembly;

     • d. Educational institution;

     • e. Public park; or

     • f. Tattoo establishment.

  2. Religious assemblies, clubs, fraternal organizations (e.g., Masons, Moose, Elks, and Eagles), service organizations (e.g., Rotary, Kiwanis, Lions Club, and Jaycees), and veterans organizations (e.g., American Legion, VFW, FRA, and Disabled American

Veterans), may be permitted, subject to the approval of a conditional use permit and to subsections E , F , G , and H of this section as appropriate.

3. Fortune telling or palm reading establishments may be permitted, subject to the approval of a conditional use permit; however, it is unlawful to establish any such fortune telling or palm reading establishment if the location is within:

   • a. One hundred feet of any property that is zoned R-1-6000, R-1-3800, R-3000-D, R- 3000, R-2000, or R-1500, or any other area that is primarily residential in character, as evidenced by letter designation in the zoning law of the City; or

   • b. Five hundred feet of any mobilehome park, manufactured housing community, or senior housing development; or

   • c. One thousand feet of any similar establishment.

   4. Tattoo establishments may be permitted, subject to the approval of a conditional use permit; however, it is unlawful to establish any such tattoo establishment if the location is within one hundred feet of any property that is zoned R-1-6000, R-1-3800, R-3000-D, R-3000, R-2000, or R-1500, or any other area that is primarily residential in character, as evidenced by letter designation in the zoning law of the City; or within two hundred feet of any of the following:

      • a. Bar, cocktail lounge, or liquor store;

      • b. Body piercing establishment;

      • c. Religious assembly;

      • d. Educational institution;

      • e. Public park; or

      • f. Tattoo establishment.

• C. Site plan review by the City Council will be required if any of the following applies to proposed uses located in the C/MU-1 zone:

  1. All proposed developments involving new construction.

  2. Any addition, construction, or alteration of existing buildings resulting in an increase of ten percent or greater of the gross floor area of a commercial structure or in an individual commercial space within the structure or within a commercial shopping center.

  3. Any proposed use or structure requiring the approval of a conditional use permit.

  4. Any development including residential dwelling units.

• D. Site plan review by the community development director (administrative approval) will be required if any of the following applies for proposed uses located in the C/MU-1 zone:

  1. Any addition, construction, or alteration of existing buildings resulting in a onetime increase of less than ten percent of the gross floor area of a commercial structure or in an individual commercial space within the structure or within a commercial shopping center. Multiple additions to existing commercial buildings that cumulatively result in an increase of ten percent or greater of the originally approved gross floor area of a commercial building shall require site plan review by the City Council.

  2. Exterior façade alterations to existing buildings located on a design review corridor as identified in Section 19.83.020(A)(1) of this code.

  3. The building or site or a portion of the building or site that is proposed to be occupied has been vacant for a period of two years or greater.

4. Public parking lots.

• E. Notice to adjoining property owners of any application for conditional use permit for a religious assembly, club, fraternal organization, service organization, or veteran's organization, under subsection (B)(2) of this section shall be given pursuant to Section 19.86.050 of this code. Additionally, notice of hearing shall be made by mailing a postal card or letter to all the business owners within three hundred feet of the exterior boundary of the property involved, such business owners and their addresses being established for this purpose by the latest business licenses issued by the City; provided, however, that in the case where the ownership or address has recently changed and such knowledge is available to the Community Development Department, notice shall also be sent in this manner to the current business owners. Such notice shall include the nature of the proposal, a description of the property under consideration, and the time and place of the public hearing. In certain cases where mailed notice of hearing is deemed impractical, notice may be effected by posting upon the subject property and within the area of the subject property a notice bearing the same information as contained in the notice to be mailed. The notice shall be posted at least ten days prior to the date set for the public hearing, and the Community Development Department shall sign an affidavit of posting to be held in the record. No defect or irregularity in the giving of such notice shall invalidate the public hearing.

• F. The report prepared by staff for the City Council on the conditional use permit application for a religious assembly, club, fraternal organization, service organization, or veteran's organization under subsection (B)(2) of this section, shall provide a listing of the number of property owners, business owners, and types of businesses located within three hundred feet of the exterior boundaries of the subject property. Prior to the scheduled public hearing, the applicant shall attempt to contact the property owners and business owners located within three hundred feet of the exterior boundary of the subject property to determine how many support and how many oppose the application for the conditional use permit on the subject property. The results of the survey of the property owners and business owners shall be forwarded to City staff for inclusion in the staff report to the City Council.

• G. Prior to the issuance of a conditional use permit for a religious assembly, club, fraternal organization, service organization, or veteran's organization under subsection (B)(2) of this section, the applicant must demonstrate and the City Council must make a finding that the parking requirements of Chapter 19.48 of this code are met and that sufficient parking exists to accommodate the proposed uses.

• H. Any conditional use permit issued for a religious assembly, club, fraternal organization, service organization or veteran's organization under subsection (B)(2) of this section shall, at a minimum, specifically address the following:

  1. Proposed uses or activities;

  2. Hours of operations, uses, and activities;

3. The days of the week and times for meetings or gatherings and the number of people attending those meetings or gatherings;

   4. The number, time, and days of the week of any proposed musical activities, performances, or entertainment;

   5. The number, time, and days of the week of activities involving infants, pre-teens, teens, or young adults;

   6. The dates, times, and number of persons in attendance for any special meetings, events, or gatherings not included in the normal hours of operation, that are directly related to the operation, uses, and activities of the facility, or are attended by the principal membership of the facility;

4. The dates, times and number of persons in attendance for any special meetings, events, or gatherings not included in the normal hours of operation, if any, that are not directly related to the operation, uses, and activities of the facility, nor are attended by the principal membership of the facility; and

5. No child care services by persons unrelated to the parent or child, child day care center, or educational institution shall be operated on the premises unless specifically provided for under the conditional use permit issued for the religious assembly, club, fraternal organization, service organization, or veteran's organization. Nothing in subsections E , F , G , or H of this section shall supersede or preempt the issuance criteria for a conditional use permit as set forth in Chapter 19.82 of this code.

(Ord. 94-884; Ord. 2001-960 §§ 3—8; Ord. 2001-971 §§ 3—5; Ord. 2001-973 §§ 3—6; Ord. 2002983 §§ 21, 22; Ord. 2002-986 §§ 2, 3; Ord. 2003-1013 § 4; Ord. 2012-1130 § 1; Ord. 2013-1140 § 1; Ord. 2017-1161 § 1)

Yard requirements for the C/MU-1 zone are as follows:

• A. Front Yard. Zero feet; up to forty percent of the project frontage may be set back up to an additional five feet. Front yards facing Donax Avenue or Calla Avenue shall be a minimum of fifteen feet.

• B. Side Yard. There shall be a minimum side yard of five feet.

• C. Rear Yard. There shall be a minimum rear yard of ten feet.

• D. The open space and landscaping requirements as stated in Chapter 19.50 of this code shall be met.

• (Ord. 94-884; Ord. 2012-1130 § 1)

For property with a side or rear yard abutting a residential zone, the second floor shall be set back a minimum of five feet from the abutting residential property line and the third floor shall be set back a minimum of ten feet from the abutting residential property line. (Ord. 2012-1130 § 1)

The minimum lot size for any new lot created in the C/MU-1 zone shall be three thousand square feet (for related provisions concerning small lots, see Chapter 19.42 ). (Ord. 94-884; Ord. 2012-1130 § 1)

Every new lot created in the C/MU-1 zone shall have a minimum width along a street of thirty feet (for related provisions concerning small lots, see Chapter 19.42 ). (Ord. 601 § 1, 1983; Ord. 94-884; Ord. 2012-1130 § 1)

No building in the C/MU-1 zone shall exceed four stories or forty feet in height, whichever is less. All commercial spaces on the ground floor shall have a minimum fifteen-foot floor-to-ceiling height; and single-story commercial buildings shall have a minimum building height of twenty feet. (Ord. 601 § 1, 1983; Ord. 94-884; Ord. 2012-1130 § 1)

No buildings shall be located less than five feet from any other building on the same lot. (Ord. 601 § 1, 1983; Ord. 94-884; Ord. 2012-1130 § 1)

For provisions on parking applicable in the C/MU-1 zone, see Chapter 19.48 . (Ord. 601 § 1, 1983; Ord. 94-884; Ord. 2012-1130 § 1)

For provisions on signs applicable in the C/MU-1 zone, see Chapter 19.52 . (Ord. 601 § 1, 1983; Ord. 94-884; Ord. 2012-1130 § 1)

For provisions on uses conducted outside buildings applicable in the C/MU-1 zone, see Chapter 19.72 .

(Ord. 94-884; Ord. 2012-1130 § 1)