Chapter 21.32 — COMMERCIAL DISTRICTS

The commercial districts are established to create, preserve and enhance areas for a variety of commercial activity. The intent of this Chapter is to assure the compatible and mutually beneficial interaction of commercial uses with residential consumers, industrial suppliers, and the transportation system that ties all of the uses together.

(Ord. C-6684 § 42 (part), 1990: Ord. C-6533 § 1 (part), 1988)

Twelve (12) commercial districts are established by this Chapter as follows:

A.

Commercial Zoning Districts of General Applicability.

The CO-Office Commercial District permits mixed residential and commercial uses along major arterial routes. This District implements Land Use District No. 8M of the General Plan.

The CH-Highway Commercial District preserves and enhances areas for automobile-oriented commercial uses. The District recognizes the need for many commercial uses to have large frontages and high visibility along major highways. This District implements Land Use District No. 8A of the General Plan.

The CT-Tourist and Entertainment Commercial District creates, preserves and enhances areas for the development of a major tourist and entertainment industry for the City. The District recognizes that such areas have special requirements for intense and unique uses, transportation linkages, and aesthetically pleasing environments.

B.

Neighborhood Commercial Zoning Districts. The Neighborhood Commercial Zoning District includes neighborhood-serving centers and corridors that provide small scale, low-intensity uses to meet the daily retail and service needs of surrounding residents. Uses and the scale of development shall be compatible with surrounding residential neighborhoods and shall be designed to promote pedestrian and bicycle access. Scale is determined by the size of adjoining residential uses, the commercial lot size and the commercial street width. Special scale restrictions apply in these districts. There are three (3) types of Neighborhood Commercial Districts:

The Neighborhood Pedestrian (CNP) District is oriented towards serving pedestrians and encouraging pedestrian activity by locating buildings along the primary street frontage and parking behind the buildings.

The Neighborhood Automobile-Oriented (CNA) District is auto-oriented with buildings set back from the front property line and parking located between the building and the street.

The Neighborhood Commercial and Residential (CNR) District is a mixed-use district permitting small scale commercial uses and/or moderate density residential development at R-3-T densities.

C.

Community Commercial Zoning Districts. The Community Commercial Zoning Districts provide medium scale uses that serve an entire community, including those who arrive by automobile, and which may require buffering to ensure compatibility with adjacent residential neighborhoods. These districts are located on major or minor arterials, located on larger lot sizes and adjoining larger scale residential neighborhood uses or are buffered from smaller scale residential neighborhoods. There are four (4) types of Community Commercial Districts:

The Community Automobile-Oriented (CCA) District permits retail and service uses for an entire community including convenience and comparison shopping for goods and associated services.

The Community Pedestrian-Oriented (CCP) District permits retail and service uses with a development character intended to encourage pedestrian activity with buildings built to the street property line and parking is to the side or the rear.

The Community R-4-R (CCR) District is similar to the Community Auto-Oriented District, but also permits moderate density residential development at R-4-R densities.

The Community R-4-N (CCN) District is similar to the Community Auto-Oriented District, but also permits medium density residential development at R-4-N densities.

D.

Regional Commercial Zoning District. The Regional Commercial District provides for large scale, mixed uses on large sites in activity centers. These sites are located on major arterial streets and regional traffic corridors. There is one (1) type of Regional Commercial Zoning District:

The Regional Highway District (CHW) is a commercial use district for mixed scale commercial uses located along major arterial streets and regional traffic corridors. Residential use is not permitted.

E.

Commercial Storage Zoning District. The Commercial Storage (CS) District encourages storage uses in areas which are particularly difficult to use due to parcel shape, access, adverse environmental conditions, or in areas where parcels are needed to form a buffer from incompatible uses.

(ORD-18-0030 § 7, 2018; Ord. C-7663 § 8, 1999: Ord. C-7047 § 7, 1992: Ord. C-6933 §§ 23, 24, 1991; Ord. C-6684 § 42 (part), 1990: Ord. C-6533 § 1 (part), 1988)

Site plan review shall be required pursuant to Division V of Chapter 21.25 (Specific Procedures).

(Ord. C-7326 § 12, 1995: Ord. C-7047 § 8, 1992: Ord. C-6684 § 42 (part), 1990: Ord. C-6533 § 1 (part), 1988)

Any business considered an "adult Entertainment business" as defined in Section 21.15.110 of this Title shall be subject to special locational standards as indicated in Chapter 21.45 (Special Development Standards).

(ORD-18-0018 § 4, 2018; Ord. C-6684 § 42 (part), 1990: Ord. C-6533 § 1 (part), 1988)

Any reference to the CR (Retail Center) and CC (Commercial Corridor) Districts shall be treated as a reference to the CCA District.

(Ord. C-7663 § 9, 1999: Ord. C-6684 § 42 (part), 1990)

The principal use in all commercial districts shall be commercial, although some districts are intended for mixed commercial and residential uses. Tables 32-0 and 32-1 indicate the classes of uses permitted (Y), not permitted (N), permitted as a conditional use (C), permitted as an administrative use (AP), permitted as an accessory use (A), and permitted as a temporary use (T) in all districts. An asterisk (*) indicates that a use is permitted subject to specific development standards outlined in Chapter 21.45 (Special Development Standards) of this Title.

(ORD-20-0018 § 8, 2020; Ord. C-7663 § 10, 1999: Ord. C-7247 § 13, 1994; Ord. C-7127 § 2, 1993; Ord. C- 7047 §§ 9, 10, 1992: Ord. C-6933 § 25, 1991; Ord. C-6895 §§ 12, 13, 1991: Ord. C-6822 § 12, 1990; Ord. C-6684 § 42 (part), 1990: Ord. C-6533 § 1 (part), 1988)

Any use not specifically permitted by Section 21.32.110, Tables 32-0 and 32-1, shall be prohibited, and no commercial uses shall be allowed outside of a building unless indicated as an outdoor use in Tables 32-0 and 32-1.

(ORD-20-0018 § 9, 2020; Ord. C-7663 § 11, 1999: Ord. C-7127 § 2, 1993; Ord. C-7047 § 11, 1992: Ord. C- 7040 § 1, 1992; Ord. C-6895 § 14, 1991: Ord. C-6684 § 42 (part), 1990: Ord. C-6533 § 1 (part), 1988)

Table 32-1 contains commercial zones adopted by the City Council on October 20, 1992. It is the intent of the City, within a specified period of time, to rezone all commercial properties to the zones in Table 32-1. During the "transitional period," all uses listed in Table 32-1, either permitted by right (Y), by a conditional use permit (C), by an administrative use permit (AP), as an accessory use (A), or as a temporary use (T) shall be permitted in the same manner for properties located in the CO, CH and CT Zones. Uses in the extant areas of CO, CH, and CT zoning on the Zoning Map shall be the same as those permitted in the equivalent zoning districts specified in Table 32-0. For development standards, remaining properties zoned CO, CH, and CT shall be regulated according to Tables 32-2A and 32-3A, and all other applicable provisions of this Title.

(ORD-20-0018 § 10, 2020; Ord. C-7663 § 12, 1999: Ord. C-7326 § 13, 1995; Ord. C-7127 § 7, 1993)

Table 32-0 CO, CH, and CT Uses in other Commercial Districts

(ORD-20-0018 § 22, 2020)

Table 32-1 Uses In All Other Commercial Zoning Districts

Neighborhood Community Regional Other

Alcoholic Beverage CNP CNA CNR CCA CCP CCR CCN CHW CS Manufacturing and Accessory Tasting Room

Alcohol Beverage Y Y Y Y Y Y Y Y Y See Section Manufacturing 21.45.114. Alcoholic Beverage Manufacturing and Accessory tasting room uses shall be permitted in all Accessory Tasting A A A A A A A A A Planned Room* Development (PD) Districts allowing commercial uses, subject to Section 21.45.114.

Table 32-1 Uses In All Other Commercial Zoning Districts

Neighborhood Community Regional Other

Automobile CNP CNA CNR CCA CCP CCR CCN CHW CS Note: All outdoor (Vehicle) Uses display, storage, service and repair of vehicles is subject to special standards (see Chapter 21.45).

Auto detailing A A A A A A A A C Accessory to an auto related use such as auto repair or car wash. Mobile businesses prohibited.

Table 32-1

Uses In All Other Commercial Zoning Districts

Neighborhood Community Regional Other

Billboards CNP CNA CNR CCA CCP CCR CCN CHW CS

Billboards N N N N N N N C C Subject to special standards (see Chapter 21.54). Non-freeway- oriented billboards prohibited in CS district.

Neighborhood Community Regional Other

Uses Neighborhood Community Regional Other Additional Regulations CNP CNA CNR CCA CCP CCR CCN CHW CS

Table 32-1

Uses Neighborhood Community Regional Other Additional Regulations CNP CNA CNR CCA CCP CCR CCN CHW CS

an Indoor Amusement/Entertainment Facility use.

See Section 21.45.115.5, Section 21.52.203 (arcades) and Section 21.52.220.5 (computer arcades)

Outdoor Amusement/Entertainment Facility uses shall be

Outdoor Amusement/Entertainment permitted (Y) in the PD-30 Facility (arcade, escape rooms, Downtown Plan Area miniature golf, skating rink, tennis (excluding Neighborhood club, etc.) Overlay). In all other Planned Development (PD) Districts or Specific Plans (SP), the Zoning Administrator may determine if a PD or SP, or subarea thereof, allows for an Outdoor Amusement/Entertainment Facility use.

Neighborhood Community Regional Other

Financial Services CNP CNA CNR CCA CCP CCR CCN CHW CS

ATM Y Y Y Y Y Y Y Y N 1., 2. Requires 2 (5

1. Walk up or minute) parking freestanding spaces for each machine on interior ATM machine. of building; walk Spaces must be up machine on located within 100 exterior of building ft. Such spaces may be existing required parking.

2. Freestanding AP AP AP AP AP AP AP AP N machine, exterior

3. Drive-through N C N C C C C C N Special standards facilities apply (see Section 21.45.130).

Bank, credit union, AP Y Y Y Y Y Y Y N Bank, credit union, savings and loan, and savings and commercial and loan in the CNP industrial loans zone subject to standards in Section 21.52.208. *This does not include car title loans or signature

*This does not include car title loans or signature

Table 32-1 Uses In All Other Commercial Zoning Districts

Uses Neighborhood Community Regional Other Additional Regulations CNP CNA CNR CCA CCP CCR CCN CHW CS

2. more than 100 occupants

Religious assembly C C C AP AP AP AP AP N uses with over 25,000 square feet of GFA

Convalescent C C C C C AP AP AP N hospital or home

Daycare or pre- Y Y Y Y Y Y Y Y C school

Funeral and N N N AP AP AP AP Y N Crematorium only Mortuary allowed as accessory use subject to conditions of Section 21.52.211.

Hospital C C C C C C C C N Subject to 21.34.020

Industrial arts trade N N N AP AP AP AP Y N school or rehabilitation workshop

Parsonage A A A A A A A A N Accessory to and on the same parcel as associated religious assembly use.

Private elementary N N N C C C C C N Special conditions or secondary apply (see school Sections 21.52.263 and 21.52.249).

Professional N N N Y Y Y Y Y N school/business school

Public Library Y Y Y Y Y Y Y Y Y

Publicly run post- Y Y Y Y Y Y Y Y Y Special standards secondary school apply (see 21.45.151)

Safe Parking Site A A A A A A AP/A AP/A A See Section

A.

General Standards. Sections 21.32.205 through 21.32.270 indicate the development standards applicable to all uses in the commercial districts. These standards shall be the standards for construction.

B.

Additional Standards For Residential Uses. Section 21.32.235 outlines additional development standards applicable to residential uses in commercial districts.

C.

Additional Standards. Section 21.32.240 contains additional development standards for the CNP, CNA, and CNR Districts.

(Ord. C-7663 § 13, 1999; Ord. C-7047 § 12, 1992; Ord. C-6684 § 42 (part), 1990: Ord. C-6533 § 1 (part), 1988)

Tables 32-2 and 32-2A indicate the minimum lot size requirements. These requirements apply only to a new subdivision of existing parcels.

(Ord. C-7663 § 14, 1999: Ord. C-6933 § 26, 1991; Ord. C-6684 § 42 (part), 1990: Ord. C-6533 § 1 (part), 1988)

The height of all buildings shall be limited as indicated in Tables 32-2 and 32-2A.

(Ord. C-7663 § 15, 1999: Ord. C-7247 § 14, 1994; Ord. C-7047 § 13, 1992: Ord. C-6933 § 27, 1991: Ord. C-6684 § 42 (part), 1990: Ord. C-6533 § 1 (part), 1988)

The yard areas indicated in Subsections 21.32.220.A through 21.32.220.D shall be clear of all structures from the ground to the sky (except as otherwise permitted) and shall be landscaped and maintained in a neat and healthy condition according to the landscaping provisions of this Title.

Table 32-2

Commercial Development Standards

(a) In all cases, minimum setback of 10 ft. from curb face.

(b) Measured from centerline of alley.

(c) Setback may be reduced to 0 ft. if the structure is attached to a building abutting on lot or if no building on an abutting lot is within 5 ft. of property line.

(d) Setback may be reduced to 10 ft. for a single-story commercial building through site plan review.

(e) No setback is required for commercial or residential over ground floor commercial; an 8 ft. front street setback is required for ground-floor residential, and 5 ft. side street setback is required for ground-floor residential.

(f) An accessory structure is limited to 15 ft. in height.

(g) Elevator and mechanical equipment penthouses shall not be included in the measurement of height for commercial buildings.

(h) Rooftop solar collectors and associated supporting structures may exceed the applicable height limit only if necessary for the sole purpose of solar collection, and not otherwise installed on any occupiable areas of the roof, and when located in the coastal zone, public views of the beach, bay, or ocean (as identified in the certified Local Coastal Program) are not adversely impacted.

(ORD-21-0028 § 3, 2021; ORD-19-0028 § 16, 2019; Ord. C-7729 § 7, 2001; Ord. C-7663 § 42, 1999)

Table 32-2A Commercial Development Standards

(a) An accessory structure is limited to 15 ft. in height.

(b) High-rise overlay applicable at appropriate locations.

(c) In a high-rise overlay zone, no flagpole shall exceed 60 ft. in height.

(d) In all cases, minimum setback of 10 ft. from curb face.

(e) Measured from centerline of alley. Special setback requirements apply to all residential development in a commercial district.

(f) This setback shall apply to the ground floor only.

(g) Setback may be reduced to 0 ft. if the structure is attached to a building abutting on lot or if no building on an abutting lot is within 5 ft. of property line.

(h) Elevator and mechanical equipment penthouses shall not be included in the measurement of height for commercial buildings.

(i) Rooftop solar collectors and associated supporting structures may exceed the applicable height limit only if necessary for the sole purpose of solar collection, and not otherwise installed on any occupiable areas of the roof, and when located in the coastal zone, public views of the beach, bay, or ocean (as identified in the certified Local Coastal Program) are not adversely impacted.

(ORD-21-0028 § 4, 2021; ORD-19-0028 § 17, 2019; Ord. C-7729 § 8, 2001; Ord. C-7663 § 32, 1999)

Table 32-3 Development Standards

Residential Uses In Commercial Districts

(Ord. C-7663 § 42, 1999)

Table 32-3A Development Standards

Residential Uses In Commercial Districts

(Ord. C-7663 § 32, 1999)

A.

Required. Yard areas shall be provided as indicated in Tables 32-2 and 32-2A.

B.

Corner Cutoffs. Corner cutoffs, as defined in Section 21.15.660 of this Title, shall be required in all commercial districts at all intersecting streets, driveways or alleys. Nothing shall be erected or allowed to grow within the corner cutoff in such a manner which impedes access or visibility up to eight feet (8′) in height. Required corner cutoffs shall be a minimum of six feet by six feet (6′ x 6′).

C.

Permitted Structures. No structures are permitted in required yards, except:

Signs, as specified in the Chapter relating to on-premises signs (Chapter 21.44);

Outdoor dining;

Structures allowed in Table 31-3 (structures in required yards, residential districts);

Vehicle parking as allowed by Table 32-2 or 32-2A;

Vehicle loading in street frontage setbacks as provided in Section 21.41.310; and

Awnings as allowed by the Uniform Building Code.

D.

Required Landscaping. All required yard areas, except yards abutting alleys and yards used for outdoor dining, shall contain an area not less than five feet (5') in width planted with trees, shrubs and/or groundcover. The four foot (4') setback area from the abutting alley shall also be landscaped unless such area is used for a driving aisle. For additional landscape requirements, see Chapter 21.42, Landscape Standards.

(ORD-19-0028 § 12, 2019; ORD-10-0031 § 1, 2010; Ord. C-7663 § 16, 1999: Ord. C-7150 § 1, 1993; Ord. C-7127 § 3, 1993; Ord. C-7047 §§ 14, 15, 16, 17, 1992; Ord. C-6933 § 28, 1991; Ord. C-6822 §§ 13, 14, 1990: Ord. C-6684 § 42 (part), 1990: Ord. C-6533 § 1 (part), 1988)

A.

General. The following required screening shall apply in all commercial districts:

Open Storage. Open storage shall be prohibited. Certain merchandise is permitted to be displayed outdoors for sale or rent as indicated in Tables 32-0 and 32-1.

Parking Lots. All parking lots shall be screened as provided for in Section 21.41.266 and Chapter 21.42.

Adjacent To Residential Districts. All commercial uses adjoining or abutting a residential district shall be screened by a solid fence or wall not less than six feet, six inches (6′6″) in height, except in the front yard of

the residential lot, where the fence or wall shall be three feet (3′) in height.

Parking Structures. All sides of a parking structure abutting a public street shall be screened by trees, vines or other decorative screening approved by the Director of Development Services. See Chapter 21.42 for additional requirements.

B.

Mechanical Equipment on Rooftops. The City recognizes that mechanical equipment on rooftops can be unattractive and can provide areas for unsecured entry into buildings. Therefore, the following restrictions shall be required to improve the aesthetic quality of the City and the security of each building. These restrictions shall apply in all commercial zoning districts within the City.

Required. In all commercial zones, rooftop mechanical equipment, except solar collectors and rain gutters, shall be screened on all sides by screening not less than the height of the equipment being screened. In the high rise overlay and planned development districts, such equipment shall also be screened from view from higher buildings in the zone to the satisfaction of the Director of Planning and Building.

Secured. All rooftop mechanical equipment shall be secured from unauthorized entry to the satisfaction of the Director of Planning and Building.

Materials. All rooftop mechanical equipment screening devices shall be of a material requiring a low degree of maintenance. Wood shall generally not be utilized unless it can be shown that proper maintenance will occur. All screening devices shall be well integrated into the design of the building through such items as parapet walls continuous with the walls of the structure, false roofs, or equipment rooms. Louvered designs are acceptable if consistent with the building design style.

Substitutions. Well-planned, compact, architecturally integrated rooftop equipment may be substituted for screening with the approval of the Director of Planning and Building.

(ORD-20-0018 § 11, 2020; ORD-10-0031 § 2, 2010; Ord. C-7663 §§ 17, 18, 1999; Ord. C-7047 § 18, 1992: Ord. C-6684 § 42 (part), 1990: Ord. C-6533 § 1 (part), 1988)

All new and remodeled commercial buildings shall comply with the following design criteria:

A.

Architectural Themes. Architectural themes, modules and materials present on the main facade of the building shall be used on all other facades.

B.

Change of Material. Each side of a building must contain a primary and an accent material, and the accent material(s) must cover not less than ten percent (10%) of the facade.

C.

Building Finished Grade. All new commercial buildings requiring site plan review shall have the first habitable floor level not more than four feet (4′) above grade within the front thirty feet (30′) of the lot.

D.

Special Development Standards For CNP, CNA and CNR Districts. All new and remodeled commercial buildings in the Neighborhood Commercial zoning districts shall comply with the following design standards. Alternative designs may be approved through Site Plan Review. Site Plan Review is required for exterior remodeling of fifty feet (50′) or more of building frontage.

Exterior Design. Exterior elevations should be designed with extensive articulation to create visual interest and enhance pedestrian activity along the site. Three dimensional (3-D) elements such as cornices, pilasters and structural bays should be used to break up the facade planes. Ground floor facades should be distinguished from upper floors by cornices, changes of material and/or other architectural devices. Facades wider than fifty feet (50′) should be designed with a modular expression that breaks the facade scale to a width of fifty feet (50′) or less.

Street Wall. At least two-thirds (⅔) of the front building facade should be located at the front property line. This does not apply in the CNA and CNR districts.

Windows. Ground floor windows should comprise at least two-thirds (⅔) of the area of the ground floor front facade. Such glass should be clear with an exterior daylight reflectance of not more than eight percent (8%). Ground floor wall sections without windows should be not more than five feet (5′) in width.

Entrances. Entrances should comprise no more than one-third (⅓) of the width of the ground floor facade. Entrances should be recessed no more than five feet (5′) in depth and should be located no more than fifty feet (50′) apart.

Awnings. Store front awnings are encouraged. Awnings should be placed below the ground floor cornice (or below the sills of the second story windows if no cornice exists). Awnings should be divided into

sections to reflect the major vertical divisions of the facade.

(Ord. C-7729 § 6, 2001: Ord. C-6684 § 42 (part), 1990: Ord. C-6533 § 1 (part), 1988)

All residential development in commercial districts shall comply with the density and development standards indicated in Tables 32-3 and 32-3A. Residential uses shall be permitted in commercial districts as indicated in Tables 32-0 and 32-1.

(ORD-20-0018 § 12, 2020; Ord. C-7326 § 14, 1995; Ord. C-7047 §§ 19—21, 1992: Ord. C-6933 § 29, 1991; Ord. C-6684 § 42 (part), 1990: Ord. C-6533 § 1 (part), 1988)

A.

Use Restrictions. The use of accessory buildings and structures shall conform to the requirements of Chapter 21.51 (Accessory Uses) of this Title.

B.

Locations Permitted. Accessory structures and buildings may be placed anywhere on a lot except within the required street front setback area or as otherwise restricted by the provisions of Chapter 21.45 (Special Development Standards).

C.

Trash Receptacles. Adequate trash receptacles shall be provided to accommodate all refuse generated on a site. Such receptacles shall conform to the development standards contained in Chapter 21.45 (Special Development Standards).

(Ord. C-7776 § 3, 2001; Ord. C-6684 § 42 (part), 1990: Ord. C-6533 § 1 (part), 1988)

Off-street parking and loading shall be provided as required by Chapter 21.41 (Parking) of this Title.

(Ord. C-6684 § 42 (part), 1990: Ord. C-6533 § 1 (part), 1988)

Landscaping shall be provided as required by Chapter 21.42 (Landscaping) of this Title.

(Ord. C-6684 § 42 (part), 1990: Ord. C-6533 § 1 (part), 1988)

Fences and garden walls are permitted accessory structures subject to the requirements of Chapter 21.43 (Fences) of this Title.

(Ord. C-6684 § 42 (part), 1990: Ord. C-6533 § 1 (part), 1988)

On-premises signs are permitted in all districts subject to the requirements of Chapter 21.44 (Signs) of this Title.

(Ord. C-6684 § 42 (part), 1990: Ord. C-6533 § 1 (part), 1988)

Public right-of-way shall be dedicated and improved as required by Chapter 21.47 (Street Improvements) of this Title.

(Ord. C-6684 § 42 (part), 1990: Ord. C-6533 § 1 (part), 1988)

A.

All projects considered new development or rebuilds shall provide for the ability to connect the building to any future undergrounding of utilities that may occur in the block. Such provisions shall include a vacant duct to the appropriate feed point on the public right-of-way for the underground connection.

B.

The utility company's design of the electric system, including locations and aesthetic treatment, shall be in accordance with the regulations of the Public Utilities Commission of the State of California.

C.

All projects considered new development or rebuilds shall underground all overhead utility service to the site. In lieu of such undergrounding, the project developer may pay an in-lieu fee to the Department of Public Works for use in the undergrounding within the applicable district. Such districts shall be established within one (1) year of the effective date of this Section and separate funds established for each district. The in-lieu fee shall be established by the City Engineer and applied to the linear footage of the project site.

(ORD-19-0011 § 11, 2019)