Chapter 17.40 — COMMERCIAL AND INDUSTRIAL ZONES (BP, CO, C-1, C-2, AND CM)

• A. BP Business Park Zone. The intent of the business park zone is to provide locations for professional offices, research and development activities, and light industrial uses that contribute both revenues and jobs to the local economy. Limited retail or service uses designed to meet the business needs of offices or the personal needs of office workers are also allowed. Development profiles may consist of low- to high-rise developments (one to five stores in height) constructed either as stand-alone structures or a coordinated project in terms of site layout, architectural design, and landscaping to form a campus-like setting. The community seeks to expand these types of uses by attracting firms that are related to the medical technology field, or that would benefit from the medical advances associated with businesses and institutions in the city. This zone implements the general plan business park land use designation.

• B. CO Commercial Office Zone. The intent of the commercial office zone is to accommodate professional and medical office uses. However, commercial uses that support the office uses or office workers (e.g., office supply stores, copy services, pharmacies, day care, restaurants, dry cleaners, and sundry stores) are also allowed. Development intensity may vary from one to five stories in height depending on adjacent uses, with lower-rise structures required adjacent to residential development. This zone implements the general plan office land use designation.

• C. C-1 Neighborhood Commercial Zone. The intent of the neighborhood commercial zone is to provide locations for shopping and commercial service businesses that cater to the daily needs of the residential community and local workers. Examples of intended development include neighborhood shopping centers, specialty shops, and stand-alone commercial uses. This zone also allows limited office and religious assembly uses that are incorporated into commercial development (e.g., offices in small storefronts, or religious assembly uses in structures originally designed for commercial uses) if the dominant character of the overall development remains commercial. The overall character of uses in this zone is one of low impact in terms of traffic generation, noise, and other features that might adversely affect adjacent residential neighborhoods. This zone implements the general plan commercial land use designation.

• D. C-2 General Commercial Zone. The intent of the general business zone is to accommodate the shopping and commercial service needs of the residential community, local workers, and visitors to the city. Examples of intended development include larger shopping centers and in-line shops, hotels/motels, specialty shops, and stand-alone commercial uses. This zone also allows a limited number of office uses and religious assembly uses incorporated into commercial development if the dominant character of the overall development remains commercial. This zone implements the general plan commercial land use designation.

nded development include larger shopping centers and in-line shops, hotels/motels, specialty shops, and stand-alone commercial uses. This zone also allows a limited number of office uses and religious assembly uses incorporated into commercial development if the dominant character of the overall development remains commercial. This zone implements the general plan commercial land use designation.

• E. CM Commercial Manufacturing Zone. The intent of the commercial manufacturing zone is to accommodate light industrial uses (e.g., manufacturing, assembly, warehousing, and distribution businesses) that have limited or no impact related to air quality, electrical or electronic interference, hazardous materials, light and glare, liquid and solid wastes, noise, odors, ground vibration, or water quality. Warehousing and distribution uses are limited to those uses that generate a relatively low number of vehicle trips. Office uses that are ancillary to the principal commercial or manufacturing uses are allowed. This zone implements the general plan industrial land use designation.

• (Ord. 739 § 4, 2017; Ord. 752 §§ 1, 2, 2018; Ord. 764 § 2, 2021)

• A. Table 2-5. Table 2-5 indicates the uses allowed within each zone and any permits required to establish the use, in compliance with Chapter 17.30 (Administration) and Chapters 17.30.410 (Hearings) through 17.30.470 (Modification), inclusive.

• B. Prohibited Land Uses. Any table cell with a "—" means that the listed land use is prohibited in that specific zone.

• C. Land Uses Not Listed in Table 2-5. Land uses that are not listed in Table 2-5 or are not shown in another zone are not allowed, except as otherwise provided by Section 17.02.040 (Interpretation by city council).

• D. Additional Regulations. Where the last column in the Table 2-5 includes a chapter or section number, the regulations in the referenced chapter or section shall apply to the use. Provisions in other sections of this title may also apply.

• E. Precise Plan of Design Review. See Sections 17.30.260 (Precise plan of design—Required when) through 17.30.300 (Precise plan of design—Conditional approval), inclusive, requirements for new or modified construction activities.

• F. Definitions. See Chapter 17.02 (Introduction and Definitions) for land use definitions and explanations.

Notes:

1. On-site consumption of alcoholic beverages is only allowed in conjunction with a bona fide public eating place. No separate bar service for the sale of alcoholic beverages is allowed. Further, the bona fide public eating place shall serve food as a matter of complete table service only.

2. Christmas tree and wreath sales are permitted only between December 1 and December 25 (inclusive). All appurtenances and other materials used for such sales shall be removed by December 31 of the same calendar year.

3. Accessory uses customarily incidental to retail commerce, when located on the same lot, are permitted, provided that such accessory uses do not occupy more than 25% of the floor area of the primary use.4. Health centers up to 2,000 square feet are permitted in the C1 zone. Health centers larger than 2,000 square feet are subject to a CUP.

(Ord. 739 § 4, 2017; Ord. 752 § 2, 2018; Ord. 756 § 1, 2019; Ord. 764 § 2, 2021; Ord. 778, 11/14/2023; Ord. 781, 6/11/2024)

• A. Reverse Vending Machine(s). Reverse vending machine(s) located within a commercial structure do not require discretionary permits. Reverse vending machines do not require additional parking spaces for recycling customers and may be permitted with review and approval by the director, provided that they comply with the following standards:

  1. Shall be established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building, and fire codes;

  2. Shall be located within thirty feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation;

  3. Shall not occupy parking spaces required by the primary use;

  4. Shall occupy no more than fifty square feet of floor space, including any protective enclosure, and shall be no more than eight feet in height;

  5. Shall be constructed and maintained with durable waterproof and rustproof material that is nonreflective;

  6. Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative;

  7. Shall meet all setback requirements of the zone;

  8. Shall have a sign area of a maximum of four square feet per machine, exclusive of operating instructions;

  9. Shall be maintained in a clean, litter-free condition on a daily basis; and

  10. Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.

• B. Small Collection Facilities. Small collection facilities shall comply with the following standards.

  1. Shall be established by conditional use permit in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building, and fire codes;

  2. Shall be no larger than five hundred square feet and no greater than ten feet in height, and shall occupy no more than five parking spaces, not including space that will be periodically needed for removal of materials or exchange of containers;

  3. Shall meet all setback requirements of the zone and shall not obstruct pedestrian or vehicular circulation;

  4. Shall accept only glass, metals, plastic containers, papers, and reusable items. Used motor oil may be accepted with permission of the county of San Bernardino department of environmental health;

  5. Shall use no power-driven processing equipment except for reverse vending machines;

  6. Shall use containers that are constructed and maintained with durable waterproof and rustproof material that is nonreflective and matches the materials and color of the primary use. The containers shall be covered when the site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule;

  7. Shall store all recyclable material in containers or in the mobile unit vehicle. Storage containers shall be screened from view in an aesthetically pleasing manner;

8. Shall be maintained free of litter and any other undesirable materials;

   9. Mobile facilities, at which truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day;

   10. Attended facilities located within one hundred feet of a property zoned or occupied for residential use shall operate only during the hours between nine a.m. and seven p.m.;

   11. Containers for the twenty-four-hour donation of materials shall be at least fifty feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use;

   12. Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers.

   13. Signs may be provided as follows:

   • a. Recycling facilities may have identification signs with a maximum of fifteen percent per side or twelve square feet, whichever is larger, in addition to informational signs; in the case of a wheeled facility, the side will be measured from the pavement to the top of the container.

   • b. Signs must be consistent with the character of the location.

   • c. Directional signs, bearing no advertising message, may be installed if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.

9. The facility shall not impair the landscaping required for any concurrent use or any permit issued pursuant thereto;

10. No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use. One space will be provided for the attendant, if needed;

11. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;

12. Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless all of the following conditions exist:

• a. The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation;

• b. A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site;

• c. The permit will be reconsidered at the end of eighteen months. A reduction in available parking spaces in an established parking facility may then be allowed as follows:

For a commercial host use:

For a community facility host use, a maximum five spaces reduction will be allowed when not in conflict with parking needs of the host use;

18. If the permit expires without renewal, the collection facility shall be removed from the site on the day following permit expiration.

• C. Fast Food Restaurant with Drive-Through. A fast food restaurant with drive-through is subject to a conditional use permit, provided that it complies with the following standards:

  1. Findings. Prior to approval of a request for a conditional use permit for a drive-through restaurant, the decision-maker, in addition to the findings required by Chapter 17.30 , shall make the following additional findings:

     • a. The design and location of the drive-through restaurant will not contribute to increased congestion on public or private streets or alleys adjacent to the subject property or drive aisles.

     • b. The design and location of the drive-through restaurant will not impede access to or from the parking lot serving the business, impair normal circulation within the parking lot, or impede pedestrian pathways to the building.

  2. Development Standards. The drive-through restaurant shall comply with the following development standards:

  • a. The drive-through lane shall be long enough to accommodate the necessary stacking of vehicles and address queuing. The stacking distance and requirements shall be determined through a parking/queuing study.

  • b. In the event that the number of vehicles waiting at the service window exceeds the length of the stacking lane(s), personnel from the drive-through establishment shall manage the queue to ensure that all vehicles do not block or interfere with on-site vehicular and pedestrian circulation and parking areas.

  • c. No drive-through aisles shall exit directly onto a public right-of-way.

  • d. Entrances to drive-through lanes shall be at least twenty-five feet from driveways entering a public or private street or alley.

  • e. Drive-through aisles shall have a minimum eleven-foot width on curves and a minimum eleven-foot width on straight sections. The entrance to the lane and the direction of traffic flow shall be clearly designated by signs and pavement marking or raised curb.

  • f. A drive-through restaurant shall be subject to all parking requirements applicable to the use and not be considered as justification for reducing the number of required parking spaces. The drive-through restaurant shall comply with the eating and drinking places requirement in the parking regulations: for all floor area; one parking space for each two hundred fifty square feet of floor area.

  • g. Landscaping is required on all street frontages and adjacent to customer entrances to the building. Interior landscaping must also be incorporated to effectively screen the drive through aisle and menu board signs from street view.

  • h. Menu boards shall be a maximum of thirty square feet, with a maximum height of seven feet, and shall face away from the street and be screened from public view.

  • i. All service areas, restrooms, and ground- and roof-mounted mechanical equipment shall be screened from public view.

• j. The decision-maker may impose restrictions on the permitted hours of operation if deemed necessary or desirable to protect nearby properties or ensure public safety and welfare. These restrictions can be established as a condition at the time of original approval or at any time thereafter.

  • k. Operation of the drive-through restaurant service facility is restricted to the hours between 7:00 a.m. and 10:00 p.m. when the site is contiguous to residentially zoned or used property, unless the decision-maker approves different hours of operation as a condition of approval of the conditional use permit.

3. Guidelines. The guidelines in this subsection shall be used in analyzing the adequacy of the design of the drive-through restaurant. The decision-maker may require redesign of a drivethrough restaurant to comply with these guidelines.

   • a. Public address speakers, on-site lighting, and drive-through lanes shall be designed and located such that noise, exhaust fumes, and vehicle headlights shall not unreasonably impact adjacent properties.

   • b. Placement of a canopy over the pick-up window is desirable to protect the customer from inclement weather.

   • c. It is suggested that drive-through restaurants within an integrated shopping center have an architectural style consistent with the theme established in the center. The architecture of any drive-through restaurant must provide compatibility with surrounding uses in form, materials, colors, scale, etc. Structure plans shall have a variation in depth and angle to create variety and interest in its basic form and

silhouette. Articulation of structure surface should be encouraged through the use of openings and recesses which create texture and shadow patterns. Structure entrances should be well articulated and project a formal entrance through variation of architectural plane, pavement surface treatment, and landscape plaza.

• d. Building must be integrated by site plan with the center to encourage pedestrian use (e.g., additional hardscape features, traffic or pedestrian flow, or orientation of buildings).

• e. Intersection of pedestrian walkways drive-through drive aisles should be avoided, but where they cannot be avoided, they shall have clear visibility, and they must be emphasized by enriched paving or striping.

• f. To promote public health and wellness, developers are encouraged to include a variety of healthy food options on the menu, including, but not limited to, salads, grilled meat selections, whole grain products, and reduced sugar or low-fat alternatives. Emphasis should be placed on making these healthy choices readily available and promoting them alongside traditional menu items.

• (Ord. 739 § 4, 2017; Ord. 752 § 2, 2018; Ord. 781, 6/11/2024)

New land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements specified elsewhere in this title. Standards for accessory structures are specified in Chapter 17.10 (Accessory Buildings).

3. The maximum height limit may be increased with the approval of a conditional use permit.

4. Setbacks for a site where a portion of the street frontage is in a zone of greater requirements, the front setback of the CM use shall be in compliance with the minimum requirements of the more restrictive zone.

• (Ord. 739 § 4, 2017; Ord. 752 § 2, 2018; Ord. 764 § 2, 2021)