Chapter 9.11 — COMMERCIAL/OFFICE ZONES

(a)

The purpose of this chapter is to achieve the following:

(1)

Provide appropriate commercial areas for retail and service establishments, neighborhood convenience and office uses required by residents of the city in a manner consistent with the general plan.

(2)

Provide adequate space to meet the needs of commercial development, including off-street parking and loading.

(3)

Minimize traffic congestion and avoid overloading utilities.

(4)

Protect commercial areas from excessive noise, illumination, unsightliness, odor, smoke, and other objectionable influences.

(5)

Promote high standards of site planning, architecture and landscape design for commercial and office developments within the city.

(6)

Provide employment opportunities for existing and future residents of the city and those of adjacent communities.

(7)

Provide for commercial land uses which attract and satisfy the regional population, in addition to local residents.

(8)

Ensure compatibility with adjacent land uses.

(b)

The purpose of the individual commercial zoning districts is as follows:

(1)

CN (Commercial Neighborhood) Zone. This zone is intended to provide for small-scale business activities which generally offer retailing or service-oriented uses serving the needs of neighborhood residents, while remaining compatible with adjoining residential neighborhoods.

(2)

CC (Commercial Community) Zone. This zone is intended to provide for retail, professional office, and service-oriented business uses serving a community-wide need under design standards which ensure compatibility and harmony with adjoining residential neighborhoods.

(3)

CH (Commercial Highway) Zone. This zone is primarily intended to provide for highway-oriented businesses offering goods and services to a mobile population using major transportation corridors. Additionally, a limited range of uses customarily located in the CN, CC and CR Zone Districts may be permitted.

(4)

CI (Commercial Intensive) Height Overlay Zone. This overlay zone is intended to provide for additional structure height pursuant to section 9.11.020(c)(3).

(5)

CR (Commercial Regional) Zone. This zone is intended to provide for large-scale retail and consumerservice business uses serving a large geographic area and population.

(6)

OP (Office/Professional) Zone. This zone is intended to provide for office, professional and/or administrative services. Limited small-scale retail/service commercial uses may be allowed when designed to meet the needs of the immediate employment population.

(7)

SH (Senior Housing) Overlay Zone. This overlay zone is intended to regulate specialized housing designed to meet the physical and social needs of senior citizens in the commercial community center, commercial highway, and office/professional zones. This housing type shall not be considered a residential use for the purpose of allocating dwelling units within this code.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.11.010. - Permitted uses.

Any use designated as "permitted" by the following list shall comply with the provisions of this code. Any permitted use which will occupy an existing structure (with no structural enlargement) shall comply with the standards contained in this chapter as well as Article III (General Property Development Standards). Additionally, any permitted use which will occupy an existing structure that is to be enlarged, or requires construction of a new structure(s) shall require the approval of a planned development permit pursuant to chapter 9.47.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.11.015. - Permitted, planned development permitted, and conditionally permitted uses.

The following list represents those primary uses in the commercial zones which are permitted (P) or subject to a planned development permit (D), conditional use permit (C) or prohibited (X):

Other similar uses which the director finds consistent with the intent and purpose of the zone, that will not be more obnoxious or materially detrimental to the public welfare or to property in the vicinity of said uses and which the director finds to be of comparable nature and of the same class as the uses enumerated in this section.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.11.020. - Zoning district development standards.

(a)

General standards.

(1)

The following standards are minimum unless stated as maximum by this code. All setbacks shall be measured from the property line.

GENERAL STANDARDS

(2)

Commercial zone standards. The following standards shall apply to development in all commercial zones, except as otherwise provided for in this code:

a.

All uses shall be conducted within a completely enclosed structure. Limited outside uses (i.e., patio dining areas, garden sales and other uses deemed acceptable) may be approved with a planned development permit.

b.

There shall be no visible storage of motor vehicles, trailers, airplanes, boats, or their composite parts; loose rubbish, garbage, junk, or their receptacles; tents; equipment; or building materials in any portion of a parcel. No storage shall occur on any vacant parcel. Building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction.

c.

Every parcel with a structure shall have a trash receptacle(s) on the premises. The trash receptacle(s) shall be of sufficient number and size to accommodate the trash generated. The receptacle(s) shall be screened from public view on at least three sides by a solid wall seven feet in height and on the fourth side by a solid metal gate not less than six feet in height. The gate shall be maintained in good working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding structures.

d.

All roof-mounted air conditioning or heating equipment, vents or ducts shall not be visible from any abutting parcel, or any public street or right-of-way. This shall be accomplished through the extension of the main structure or roof or screened in a manner which is architecturally integrated with the main structure(s).

e.

Internal or external bars, grates, or other safety devices of similar nature shall not be placed on or adjacent to door or windows unless expressly authorized by the director of community development.

f.

All elevations of all structures shall be architecturally treated to ensure compatibility with all neighboring structures and the established character of the city.

(b)

Zone specific standards. In addition to the general development requirements contained in chapter 9.20 (Property Development Standards), the following table identifies specific standards which apply* to individual zones:

COMMERCIAL ZONES

SPECIFIC STANDARDS

*Key: "+" applies and "—" does not apply in the zoning district.

(c)

Land use district specific standards. In addition to the general development requirements contained in chapter 9.20 (Property Development Standards), the following standards shall apply to specific commercial

land use activities:

(1)

Alcohol beverage control (ABC) license. A business or establishment that engages in the sale of alcoholic beverages for consumption on or off the premises and that is required to operate under a state ABC license shall be subject to the approval of a conditional use permit, and shall comply with the following standard(s), in addition to any conditions imposed by the commission.

(a)

A conditional use permit is required for the following actions:

(i)

An application for an original ABC license.

(ii)

An application for a new ABC license.

(iii)

Any change in the type of existing ABC license.

(iv)

Transfer (premise to premise) of an existing ABC license.

(v)

Any increase of floor area in an ABC license establishment.

(vi)

Any change in operation conditions or floor plan layout from what was originally approved by the city or by ABC.

(vii)

Any request to establish live entertainment in an ABC licensed establishment, or any change in the type or hours of operation in the conduct of providing entertainment previously approved will require approval of a new conditional use permit. Examples of live entertainment include, but are not limited to, recorded music with or without a deejay, live bands and vocalists, dancing by patrons only, comedians, billiards and/or snooker, billiard tournaments, exhibitions by billiard experts, televised news or sporting events, music videos, and video arcade games. Types of entertainment prohibited in an ABC licensed establishment unless expressly approved by the commission include figure/modeling contests, dancers, contests (i.e. bikini, wet t-shirt, burlesque, drinking, and like exhibitions), adult movies/videos, and gambling.

(viii)

Any ABC licensed establishment that has its license revoked, suspended, or surrenders its license to ABC, or discontinues use of the license for 30 days, or has its conditional use permit revoked, or vacates the property, will be required to file and have approved a new conditional use permit before reestablishing the use.

b.

In assessing requests for alcoholic beverage sales, of particular concern will be the physical relationship and proximity of the proposed use to that of similar uses on the same or surrounding sites; the compatibility of the proposed use with neighboring uses (i.e., schools, parks, religious institutions, hospitals and other similar uses); that public convenience and necessity will be served; and that no adverse effect on public health, safety, or welfare will be created. The license application shall be reviewed by the police department prior to city approval.

c.

There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages.

d.

The lighting in the parking area of the premises shall be positioned in such a manner so as not to unreasonably illuminate the window area of nearby residences. The lighting shall be of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot.

(2)

Automobile service centers/automobile repair specialty shops. Automobile service and repair centers are subject to a conditional use permit and shall be constructed in the following manner:

a.

The minimum site area shall be 15,000 square feet.

b.

The site shall be entirely paved, except for structures and landscaping, so that vehicles are not parked in a dirt or otherwise not fully improved area.

c.

All landscaping shall be installed and permanently maintained pursuant to the provisions of chapter 9.27 (Landscaping Standards).

d.

All stored, damaged, or wrecked vehicles shall be effectively screened so as not to be visible from adjoining properties or public rights-of-way.

e.

Service access shall be located at the rear or side of structure(s) and as far as possible from adjoining residential uses.

f.

Repair activities and vehicle loading and unloading shall be prohibited on adjoining streets or alleys.

g.

Service bays with individual access from the exterior of the structure shall not directly face or front on a public right-of-way.

h.

Every parcel with a structure shall have trash receptacle(s) on the premises. The trash receptacle(s) shall be of sufficient number and size to accommodate the trash generated. The receptacle(s) shall be screened from public view on at least three sides by a solid wall seven feet in height and on the fourth side by a solid metal gate not less than six feet in height. The gate shall be maintained in good working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding structures.

i.

All on-site lighting shall be energy efficient, stationary and directed away from adjoining properties and public rights-of-way.

j.

All on-site signage shall comply with the provisions of chapter 9.29 (Sign Standards).

k.

All repair activities and operations shall be conducted entirely within an enclosed structure. Outdoor hoists shall be prohibited.

l.

All repair facilities shall maintain closed windows when performing body and fender work, hammering, sanding or other noise-generating activity. Exterior noise shall not exceed 65 dB(A) at the property line pursuant to section 9.22.025(b) (Exterior Noise Standards).

m.

All on-site parking shall comply with the provisions of chapter 9.25 (Off-Street Parking Standards). A specific parking plan shall be developed as part of the permit review process.

n.

No work shall be performed on vehicles between the hours of 8:00 p.m. and 7:00 a.m. Monday through Saturday; no work shall be performed on Sundays.

o.

The premises shall be kept in a neat and orderly condition at all times.

p.

All discarded automotive parts or equipment or permanently disabled, junked or dismantled vehicles shall be removed from the premises in a timely manner.

q.

All hazardous materials resulting from the repair operation shall be properly stored and removed from the premises in a timely manner. Storage, use and removal of toxic substances, solid waste pollution, and flammable liquids, particularly gasoline, paints, solvents and thinners, shall conform to all applicable local, state, and federal regulations.

(3)

Bonus height. Proposed structures within the CI Height Overlay zoning district shall have a maximum height limit of 70 feet or seven stories, whichever is less. This section provides a special incentive to increase the maximum allowable height limit up to 150 feet or 15 stories, whichever is less, through a planned development permit which encourages the additional amenities as deemed desirable by the commission. These amenities may include, but are not limited to, the following:

a.

Additional parking.

b.

Artistic sculptures and aquatic amenities.

c.

Day care facilities.

d.

Enhanced pedestrian activities.

e.

Ground level and second floor plazas.

f.

Improved signage and additional landscaping.

g.

Outdoor cafes.

h.

Traffic demand management facilities (i.e., carpool/vanpool parking, transit waiting shelters, service commercial, bicycle racks, shower facilities, etc.)

(4)

Drive-thru establishments. Drive-thru establishments are subject to a conditional use permit, and shall be constructed in the following manner:

a.

Pedestrian walkways should not intersect the drive-thru drive aisles, but where they do, they shall have clear visibility, and they must be emphasized by enriched paving or striping.

b.

Drive-thru aisles shall have a minimum ten-foot interior radius at curves and a minimum 12-foot width.

c.

Drive-thru aisles shall provide sufficient stacking area behind menu board(s) to accommodate a minimum of six vehicles.

d.

All service areas, rest rooms and ground mounted and roof mounted mechanical equipment shall be screened from view.

e.

Landscaping shall screen drive-thru or drive-in aisles from the public right-of-way and shall be used to minimize the visual impact of reader board signs and directional signs.

f.

Drive-thru aisles shall be constructed with (PCC) concrete.

g.

The minimum interior floor area for drive-thru restaurants shall be 1,750 square feet.

h.

Menu boards shall not exceed 24 square feet in area, with a maximum height of six feet, and shall face away from public rights-of-way.

i.

Drive-thru restaurants within an integrated shopping center shall have an architectural style consistent with the theme established in the center. The architecture of any drive-thru restaurant shall provide compatibility with surrounding uses in terms of form, materials, color, scale, etc. Structure plans shall have variation in depth and angle to create variety and interest in its basic form and silhouette. Articulation of structure surface shall be encouraged through the use of openings and recesses which create texture and shadow patterns. Structure entrances shall be well articulated and project a formal entrance through variation of architectural plane, pavement surface treatment, and landscape plaza(s).

j.

Every parcel with a structure shall have trash receptacle(s) on the premises. The trash receptacle(s) shall be of sufficient number and size to accommodate the trash generated. The receptacle(s) shall be screened from public view on at least three sides by a solid wall seven feet in height and on the fourth side by a solid metal gate not less than six feet in height. The gate shall be maintained in good working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding structures.

(5)

Mini-malls. Mini-malls (small scale, up to 30,000 square feet, multitenant shopping centers) are subject to a planned development permit and shall comply with the following standards.

a.

All development and operational standards outlined in section 9.11.020(c)(6) (Mini-Markets), (except for items d. and m.) shall apply to mini-malls.

b.

The development shall provide internal continuity, uniformity, and compatibility relating to architectural design, vehicular and pedestrian access, and on-site provisions for landscaping, loading, parking, and signage.

c.

To the extent feasible, the on-site vehicular circulation system shall provide continuity with adjacent and similar commercial developments.

d.

No outdoor displays or sale of merchandise shall be permitted. Limited outdoor sales may be allowed subject to the issuance of a temporary use permit.

e.

Every parcel with a structure shall have a trash receptacle(s) on the premises. The trash receptacle(s) shall be of sufficient number and size to accommodate the trash generated. The receptacle(s) shall be screened

from public view on at least three sides by a solid wall seven feet in height and on the fourth side by a solid metal gate not less than 6 feet in height. The gate shall be maintained in good working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding structures.

(6)

Mini-markets. The retail sales of groceries, staples, sundry items and/or alcoholic beverages within structures of less than 5,000 square feet of gross floor area shall be constructed and operated in the following manner:

a.

The minimum site area shall be 10,000 square feet.

b.

The site shall have direct frontage along a major or secondary street. The site shall not have direct access on a local residential street.

c.

One access drive may be permitted for each street frontage. The design and location of the access drive(s) shall be subject to the approval of the director.

d.

No mini-market shall be located less than 1,000 feet from an existing or previously approved mini-market, or an existing elementary, junior high school, or high school, as measured from one property line to another.

e.

All on-site lighting shall be energy efficient, stationary and directed away from adjoining properties and public rights-of-way.

f.

All on-site signage shall comply with the provisions of chapter 9.29 (Sign Standards).

g.

All landscaping shall be installed and permanently maintained pursuant to the provisions of chapter 9.27 (Landscaping Standards).

h.

All on-site parking shall comply with the provisions of chapter 9.25 (Off-Street Parking Standards). A specific parking plan shall be developed as part of the permit review process.

i.

The premises shall be kept in a neat and orderly condition at all times.

j.

Every parcel with a structure shall have a trash receptacle(s) on the premises. The trash receptacle(s) shall be of sufficient number and size to accommodate the trash generated. The receptacle(s) shall be screened from public view on at least three sides by a solid wall seven feet in height and on the fourth side by a solid metal gate not less than 6 feet in height. The gate shall be maintained in good working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding structures.

k.

If on-site dispensing of automotive fuels is provided, the design, location and operation of these facilities shall be consistent with the provisions of section 9.11.020(c)(8) (Service Station Standards). Additionally, the cashier location shall provide direct visual access to the pump islands and the vehicles parked adjacent to the islands.

l.

A bicycle rack designed to accommodate a minimum of six bicycles shall be installed in a convenient location, visible from the inside of the store.

m.

Each mini-market shall provide two public restrooms located within the store; one for men and one for women.

n.

Public pay telephones provided on-site shall not be set up for incoming calls. Public telephones shall be featured with "call out" service only.

o.

Video games may not be installed or operated on the premises.

p.

A mini-market adjacent to any residential zoning district shall have a six-foot-high decorative masonry wall along all property lines adjacent to the district(s). The design of the wall shall be subject to the approval of the director.

(7)

Senior Housing Overlay Zone standards. The purpose and intent of the Senior Housing (SH) Overlay Zone is to regulate specialized housing designed to meet the physical and social needs of senior citizens in the commercial community center, commercial highway, and office/professional zones. This housing type shall not be considered a residential use for the purpose of allocating dwelling units within this code. No housing

for senior citizens shall be located outside a residential zone unless it is situated in the Senior Housing (SH) Overlay Zone.

A conditional use permit shall be required for any housing for senior citizens that is located within the Senior Housing (SH) Overlay Zone. Subject to obtaining a conditional use permit as provided by the zoning regulations of the city, specialized housing for senior citizens shall be subject to the following additional standards:

a.

The housing facility shall be specially designed to meet the physical and social needs of senior citizens. The housing facility shall preserve and restrict occupancy to senior citizen tenants to the degree allowable by law.

b.

The housing facility shall provide a useable multipurpose room where communal activities including dining may be hosted.

c.

The housing facility shall provide emergency alert systems in each unit to notify the on-site staff that assistance is needed.

d.

A housing facility staff member shall be on-site 24 hours a day every day to assist tenant in emergencies.

e.

The facility management shall coordinate social services for tenants which includes meals and transportation. The service may be provided by the facility management or an outside agency.

f.

The on-site facility management shall maintain current records pertaining to the tenant's doctor and emergency contacts.

g.

Occupancy of a unit shall be limited to a single person at least 62 years of age or a couple of which one member is at least 62 years of age.

(8)

Service station standards. Service stations are subject to a conditional use permit and shall be constructed in the following manner:

a.

New service stations shall be permitted only at the intersections of major and secondary arterials, and their intersections with freeway off-ramps. A maximum of two service stations shall be permitted at each intersection. The use shall not adjoin a residential zoning district.

b.

The minimum parcel size shall be 15,000 square feet, with a minimum street footage of 100 feet.

c.

All activities and operations shall be conducted entirely within an enclosed structure, except as follows:

(i)

The dispensing of petroleum products, water and air from pump islands.

(ii)

The provision of emergency service of a minor nature.

(iii)

The sale of items via vending machines which shall be placed next to the main structure in a designated area not to exceed 32 square feet, and which must be screened from public view.

d.

Pump islands shall be located a minimum of 20 feet from a street property line, however, a canopy or roof structure over a pump island may encroach up to ten feet within this distance. Additionally, the cashier location shall provide direct visual access to the pump islands and the vehicles parked adjacent to the islands.

e.

There shall not be more than two vehicular access points to any one street.

f.

There shall be a minimum distance of 30 feet between curb cuts along a street frontage.

g.

No driveway may be located closer than 50 feet to the end of a curb corner nor closer than 20 feet to a common property line.

h.

The width of a driveway may not exceed 30 feet, measured at the sidewalk.

i.

On-site parking shall be provided at one space for each pump island, plus one space for each service bay. This parking requirement is exclusive of parking for a retail market, car wash, or other secondary use approved in conjunction with the service station.

j.

Outside storage of motor vehicles is prohibited.

k.

No vehicles may be parked on sidewalks, parkways, driveways or alleys.

l.

No vehicle may be parked on the premises for the purpose of offering same for sale.

m.

Landscaping shall comprise a minimum of ten percent of the service station site area, exclusive of required setbacks, and shall be provided and permanently maintained in compliance with the following regulations, as well as those contained in chapter 9.27 (Landscaping Standards):

(i)

A minimum five-foot wide (inside dimension) and six-inch high curbed planter area shall be provided along interior property lines, except for openings to facilitate vehicular circulation to adjacent properties. Where adjacent to a periphery wall, trees planted not more than 16 feet apart shall be included in the planter areas.

(ii)

A planter area of not less than 200 square feet shall be provided at the corner of two intersecting streets. Landscaping shall not exceed a height of 30 inches.

(iii)

A minimum of 50 square feet of planter area shall be located along each portion of the main structure fronting on a public right-of-way.

(iv)

Additional landscaping may be required to screen the service station from adjacent properties.

n.

All on-site signage shall comply with the provisions of chapter 9.29 (Sign Standards).

o.

Openings of service bays shall not face public rights-of-way and shall be designed to minimize the visual intrusion onto adjoining properties.

p.

No used or discarded automotive parts or equipment, or disabled, junked or wrecked vehicles may be located in any open area outside the main structure.

q.

Every parcel with a structure shall a have trash receptacle(s) on the premises. The trash receptacle(s) shall be of sufficient number and size to accommodate the trash generated. The receptacle(s) shall be screened from public view on at least three sides by a solid wall seven feet in height and on the fourth side by a solid metal gate not less than 6 feet in height. The gate shall be maintained in good working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding structures.

r.

All light sources, including canopy, perimeter, and flood shall be energy efficient, stationary and shielded or recessed within the roof canopy so that the service station shall be indirectly visible and all light is deflected away from adjacent properties and public rights-of-way. Lighting shall not be of such a high intensity as to cause a traffic hazard or adversely affect adjoining properties. No luminaire shall be higher than 15 feet above finished grade.

s.

Restroom entrances otherwise viewable from adjacent properties or public rights-of-way shall be concealed from view by planters or decorative screening.

t.

Noise from bells or loudspeakers shall not exceed 65 db(A) at the property line at any time and shall not be audible from residentially zoned properties or existing residences between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and Saturdays, and before 10:00 a.m. and after 7:00 p.m. on Sundays and shall comply with all applicable noise standards contained in chapter 9.22 (Noise Standards).

u.

All parking, loading, circulation aisles, and pump island areas shall be constructed with (PCC) concrete.

v.

Service stations may receive used motor oil for subsequent recycling and removal, subject to approval by the fire department.

(9)

Service station conversions. A structure originally constructed as a service station and which is proposed for conversion to another allowable use shall require approval of a planned development permit, and shall include upgrading and remodeling for such items as, but not limited to, removal of all gasoline appurtenances, removal of canopies, removal of pump islands, removal of overhead doors, additional

landscaping standards as required by chapter 9.27 (Landscaping Standards), additional street improvements or modification of existing improvements to conform to access regulations, and exterior remodeling.

(10)

Tennis courts, commercial. Commercial tennis courts are subject to a planned development permit and shall be constructed in the following manner:

a.

Tennis courts shall not encroach into the front and side setback or within ten feet of the rear property line.

b.

All tennis court fencing shall not exceed ten feet in height as measured from the court surface, and shall be completely screened from public view.

c.

A plan for overhead court lighting shall be examined and approved during permit review.

d.

Light standards shall not exceed the following heights as measured from the court surface:

(i)

Eighteen feet with four poles on each side.

(ii)

Twenty feet with three poles on each side.

e.

All illumination fixtures shall be energy efficient and directed downward and away from adjoining properties and public rights-of-way.

f.

Hours of lighting operation shall be determined during permit review; in no instance shall lighting be used after 10:00 p.m.

(11)

Vehicle sales. Automobile, marine, motorcycle, recreational vehicle and truck sales dealerships, new and/or used, in the city must conform with the intent of this code and shall enhance and promote the image of the city. A planned development permit shall be required, and all dealerships must be constructed in the following manner:

a.

The minimum site area shall be 15,000 square feet.

b.

All vehicles stored outdoors shall be screened from public view with a combination of landscaping, trellises and walls as appropriate.

c.

All parts, accessories, etc., shall be stored within a fully enclosed structure.

d.

Service and associated vehicle storage areas shall be completely screened from public view.

e.

All on-site lighting shall be energy efficient, stationary and directed away from adjoining properties and public rights-of-way.

f.

All landscaping shall be installed and permanently maintained pursuant to the provisions of chapter 9.27 (Landscaping Standards).

g.

All on-site signage shall comply with the provisions of chapter 9.29 (Sign Standards).

h.

All loading and unloading of vehicles shall occur on-site and not in adjoining streets or alleys.

i.

All vehicles associated with the business shall be parked or stored on-site and not in adjoining streets or alleys.

j.

An adequate on-site queuing area for service customers shall be provided. Required parking spaces may not be counted as queuing spaces.

k.

No vehicle service or repair work shall occur except within a fully enclosed structure. Service bays with individual access from the exterior of the structure shall not directly face or front on a public right-of-way.

l.

Off-street parking requirements shall be established during project review to adequately accommodate all on-site uses including showroom, office, parts and service areas, as well as employee and customer parking.

m.

Every parcel with a structure shall have a trash receptacle(s) on the premises. The trash receptacle(s) shall be of sufficient number and size to accommodate the trash generated. The receptacle(s) shall be screened from public view on at least three sides by a solid wall seven feet in height and on the fourth side by a solid metal gate not less than six feet in height. The gate shall be maintained in good working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding structures.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.11.025. - Applicable regulations.

All uses shall be subject to the applicable regulations of this code, including provisions located in the following chapters:

(a)

Chapter 9.48 Conditional Use Permits

(b)

Chapter 9.27 Landscaping Standards

(c)

Chapter 9.26 Off-Street Loading Standards

(d)

Chapter 9.25 Off-Street Parking Standards

(e)

Chapter 9.47 Planned Development Permits

(f)

Chapter 9.29 Sign Standards

(g)

Chapter 9.42 Temporary Use Permits

(h)

Chapter 9.46 Variances

(Ord. No. 98-193, §§ 1—4, 10-19-98)

CHAPTER 9.12. - BUSINESS PARK/INDUSTRIAL ZONE

Sec. 9.12.005. - Purpose.

The purpose of the BP (Business Park/Industrial) Zone is to provide for service commercial, business, industrial, and emergency shelter uses while achieving the following:

(a)

Provide major employment concentrations generally served by arterial roadways and freeways in a manner consistent with the general plan.

(b)

Provide adequate space to meet the needs of industrial development, including off-street parking and loading.

(c)

Minimize traffic congestion and avoid the overloading of utilities.

(d)

Protect adjacent areas from excessive noise, illumination, unsightliness, odor, smoke, and other objectionable influences.

(e)

Promote high standards of site planning, architecture, and landscape design for industrial developments within the city.

(f)

Accommodate the need for emergency shelter identified in the city's housing element.

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 09-276, § 2, 9-8-09)

Sec. 9.12.010. - Permitted uses.

Any use designated as "permitted" by the following list shall comply with the provisions of this code. Any permitted use which will occupy an existing structure (with no structural enlargement) shall comply with the standards contained in this chapter as well as Article III (General Property Development Standards). Additionally, any permitted use which will occupy an existing structure that is to be enlarged or requires construction of a new structure(s) shall require the approval of a planned development permit pursuant to chapter 9.47.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.12.015. - Permitted, planned development permitted, and conditionally permitted uses.

The following list represents those primary uses in the BP Zone which are permitted (P) or subject to a planned development permit (D), conditional use permit (C), or prohibited (X):

BUSINESS PARK/INDUSTRIAL ZONE LAND USE CHART

BUSINESS PARK/INDUSTRIAL ZONE LAND USE CHAR>

Other similar uses which the director finds consistent with the intent and purpose of the zone, that will not be more obnoxious or materially detrimental to the public welfare or to property in the vicinity of said uses and which the director finds to be of comparable nature and of the same class as the uses enumerated in this section.

To accommodate the city's emergency housing need as required by Government Code § 65583(a)(4), emergency shelters shall be allowed by right in the Business Park/Industrial Zone. For the purposes of this chapter, "emergency shelter" shall have the meaning set forth in Government Code § 65582. The city shall not require a conditional use permit or other discretionary permit for the construction of an emergency shelter.

The city may not disapprove an emergency shelter unless it makes written findings, based upon substantial evidence in the record, as to one of the following:

(1)

The city has met or exceeded the need for emergency shelter as identified in the housing element.

(2)

The emergency shelter would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development of the emergency shelter financially infeasible. As used in this paragraph, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified

written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety.

(3)

The denial of the project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development of the emergency shelter financially infeasible.

(4)

The emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project.

(5)

The emergency shelter is inconsistent with both the jurisdiction's zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a revised housing element in accordance with [Government Code] § 65588 that is in substantial compliance with state law."

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 09-276, § 3, 9-8-09)

Sec. 9.12.020. - General standards.

(a)

The following development standards are minimum unless stated as maximum by this code. All setbacks shall be measured from the property line.

BUSINESS PARK/INDUSTRIAL ZONE GENERAL STANDARDS CHART

(b)

The following additional standards shall apply to all development within this zoning district:

(1)

Retail sales and service incidental to a principally permitted use are allowable provided that the following standards are met:

a.

The operations are contained within the main structure which houses the primary use.

b.

Retail sales represent less than 20 percent of the gross receipts of the company.

c.

No retail sales or display of merchandise occur(s) outside the structure(s).

d.

All products offered for retail sale on the site are manufactured, warehoused, or assembled on the premises.

(2)

Outside storage shall be confined to the rear of the principal structure(s) or the rear one-half of the site, which ever is the more restrictive, and screened from public view from any adjoining properties and public rights-of-way by appropriate walls, fencing, and landscaping, subject to approval by the final review authority.

(3)

Every parcel with a structure shall have a trash receptacle(s) on the premises. The trash receptacle(s) shall be of sufficient number and size to accommodate the trash generated. The receptacle(s) shall be screened from public view on at least three sides by a solid wall seven feet in height and on the fourth side by a solid metal gate not less than six feet in height. The gate shall be maintained in good working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding structures.

(4)

Internal or external bars, grates, or other safety devices of similar nature shall not be placed on or adjacent to door or windows unless expressly authorized by the director of community development.

(c)

The following specific development standards shall apply:

Mini-storage. Mini-storage facilities shall be constructed in the following manner:

(1)

The minimum site area shall be 20,000 square feet.

(2)

The site shall be entirely paved, except for structures and landscaping.

(3)

All on-site lighting shall be energy efficient, stationary, and directed away form adjoining properties and public rights-of-way.

(4)

All landscaping shall be installed and permanently maintained pursuant to the provisions of chapter 9.27 (Landscaping Standards).

(5)

All on-site signage shall comply with the provisions of chapter 9.29 (Sign Standards).

(6)

The site shall be completely enclosed with a minimum six-foot-high solid decorative masonry wall, except for points of ingress and egress (including emergency fire access) which shall be properly gated. The gate(s) shall be maintained in good working order and shall remain closed except when in use.

(7)

No business activity shall be conducted other than the rental of storage spaces for inactive storage use.

(8)

All storage shall be located within a fully enclosed structure or structures.

(9)

No flammable or otherwise hazardous materials shall be stored on-site.

(10)

Residential quarters for a manager or caretaker may be provided in the development.

(11)

The development shall provide for two parking spaces for the manager or caretaker, and a minimum of five spaces located adjacent or in close proximity to the manager's quarters for customer parking.

(12)

Aisles between structures shall be a minimum of 25 feet wide to provide unobstructed and safe circulation.

(13)

Every parcel with a structure shall have a trash receptacle(s) on the premises. The trash receptacle(s) shall be of sufficient number and size to accommodate the trash generated. The receptacle(s) shall be screened from public view on at least three sides by a solid wall seven feet in height and on the fourth side by a solid metal gate not less than six feet in height. The gate shall be maintained in good working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding structures.

(14)

Storage facilities located adjacent to residential zoning districts shall have their hours of operation restricted to 7:00 a.m. to 9:00 p.m., Monday through Saturday, and 9:00 a.m. to 9:00 p.m. on Sundays.

(d)

Emergency shelters are subject to the general development standards in subsection (a) of this section. In accordance with the authority granted to the city in Government Code § 65583(a)(4), an emergency shelter must also meet the following development and management standards:

(1)

The shelter may serve no more than ten persons per night. This standard shall be re-evaluated in the director's discretion based upon any changes in law or policy.

(2)

The shelter shall have not less than one parking space for each 250 square feet of gross floor area, unless it is demonstrated to the director by credible evidence that a different parking ratio is appropriate based on the shelter's demonstrated need.

(3)

The waiting and client intake areas shall be at least 500 square feet in total gross floor area.

(4)

The shelter shall prepare and file a management plan with the city that includes clear operational rules and standards, including, but not limited to, standards governing expulsions and lights out. As part of the management plan, each shelter must provide 24-hour on-site supervision.

(5)

A shelter may not be located within 250 feet of another emergency shelter.

(6)

No person may stay at an emergency shelter for longer than 180 consecutive days.

(7)

Lighting standards shall comply with the provisions of chapter 9.20 (Property Development Standards).

(8)

Security shall be provided during the hours the emergency shelter is in operation.

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 09-276, § 4, 9-8-09)

Sec. 9.12.025. - Applicable regulations.

All uses shall be subject to the applicable regulations of this code, including provisions located in the following chapters:

(a)

Chapter 9.48 Conditional Use Permits

(b)

Chapter 9.27 Landscaping Standards

(c)

Chapter 9.26 Off-Street Loading Standards

(d)

Chapter 9.25 Off-Street Parking Standards

(e)

Chapter 9.47 Planned Development Permits

(f)

Chapter 9.29 Sign Standards

(g)

Chapter 9.42 Temporary Use Permits

(h)

Chapter 9.46 Variances

(Ord. No. 98-193, §§ 1—4, 10-19-98)

CHAPTER 9.13. - OPEN SPACE AND RECREATION ZONES

Sec. 9.13.005. - Purpose.

(a)

The purpose of this chapter is to provide for the preservation of the city's important natural resources and open space areas and to provide for public and private recreational land use activities necessary to meet both passive and active recreational needs of city residents.

(b)

The purpose of the individual open space zoning districts is as follows:

(1)

OS (Open Space) Zone. This zone is intended to provide for the protection, preservation, and management of natural resources. Maintaining and improving the pristine condition of important geographic features and landforms is a primary objective for this zone; therefore, only passive land uses that will have a minimal impact will be permitted.

(2)

R (Recreation) Zone. This zone is intended to provide for the promotion of public outdoor recreation that meets the needs of all residents living in the community. Active and passive activities, including physical, cultural, and social, may be permitted. Additionally, indoor recreation may be allowed when compatible and harmonious with its environs.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.13.010. - Permitted uses.

Any use designated as "permitted" by the following list shall comply with the provisions of this code. Any permitted use which will occupy an existing structure (with no structural enlargement) shall comply with the standards contained in this chapter as well as Article III (General Property Development Standards). Additionally, any permitted use which will occupy an existing structure that is to be enlarged or requires construction of a new structure(s) shall require the approval of a planned development permit pursuant to chapter 9.47.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.13.015. - Permitted, planned development permitted, and conditionally permitted uses.

The following list represents those primary uses in the open space and recreational zones which are permitted (P) or subject to a planned development permit (D), conditional use permit (C), or prohibited (X):

OPEN SPACE AND RECREATIONAL ZONES LAND USE CHART

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.13.020. - General standards.

(a)

The OS (Open Space) Zone is intend for nature preservation purposes. Structures which diminish quality of the natural environment are prohibited. In general, structures shall be prohibited in the OS Zone; however, trail improvements and open space linkages may be permitted subject to a planned development permit.

(b)

The following development standards for the R (Recreation) Zone are minimum unless stated as maximum by this Code. All setbacks shall be measured from the property line.

RECREATION ZONE GENERAL STANDARDS CHART

(c)

Structures located in the R Zone shall be sited in a manner sensitive to the existing natural resources and constraints of the land.

(d)

Structures located in the R Zone must be determined by the city to be appropriate.

(e)

Landscaping must compliment both the immediate setting and surrounding areas.

(f)

The need for exterior lighting must be sanctioned by the city and, if justified, the lighting equipment shall be energy efficient, appropriately located, directed, and shielded from surrounding properties and public rights-of-way.

(g)

Structures located in OS and R zones are subject to a visual analysis relating structural proportions, massing, height, and setbacks to preserve and enhance the scenic character of the area.

(h)

Development shall be compatible to and in harmony with surrounding development and zoning designations.

(i)

In the R Zone, the placement, height, and design of screening (including, but not limited to, walls, berms, fences, and landscaping) where a golf course adjoins a street or highway shall require approval of a planned development permit. For purposes of this section, adjoin shall mean any screen installed between the golf course and a street or highway. A screen as referred above, may consist of one or any combination of the following types as determined applicable by the director of community development:

(1)

Walls: A structure consisting of concrete, stone, brick, tile, or similar type of solid masonry material.

(2)

Berms: A mound or wall of earthen material along a strip of ground.

(3)

Fences: A structure made of wood, wire, metal, masonry, or other materials used as a barrier or screen.

(4)

Landscaping: Trees, shrubs, or similar evergreen or deciduous plant material.

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 99-196, § 3, 4-5-99)

Sec. 9.13.025. - Specific standards.

(a)

Stables, commercial. Commercial stables shall conform with the following development standards:

(1)

The setback requirements set forth in the table below shall pertain to all structures, including but not limited to paddocks, corrals, arenas, and fly-tight manure bins, except pastures, grazing areas, and access roads. All such structures shall maintain a minimum distance of 100 feet from any property which is used, zoned, or shown on the general plan for residential use.

(2)

No paddock, box stall, or corral shall be located within 100 feet of any school, hospital, or similar institution as measured from the property line.

(3)

The maximum density shall be one acre for every ten horses where the stable does not have access to an established riding trail. If located adjacent to an established riding trail, the maximum density for commercial stable shall be 25 equines per acre.

(4)

One parking space shall be provided per each five horses.

(5)

All access roads shall be paved or equivalent material approved by the director. The extent of paved roads shall be determined during the development review.

(6)

All horses shall be provided with adequate fenced enclosures to contain them within the boundaries of the stable property, subject to the approval of the director.

(7)

An application for the keeping of horses shall contain a detailed description outlining the proposed method(s) of controlling and managing dust, drainage, insects, manure, odors, rodents, sanitation, trash, and other considerations required by the director.

(8)

Equestrian shows and exhibits shall be permitted only at approved commercial stables and are subject to a temporary use permit.

(b)

Golf courses/driving ranges and related facilities. Golf course developments shall be constructed in the following manner:

(1)

State-of-the-art water conservation techniques shall be incorporated into the design and irrigation of the golf course.

(2)

Treated effluent shall be used for irrigation where available.

(3)

Perimeter walls or fences where used shall provide a viewshed window design.

(4)

All accessory facilities, including but not limited to, clubhouses, maintenance buildings, and half-way houses, shall be designed and located to ensure compatibility and harmony with the golf course setting.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.13.026. - Specific standards for lake shorelines.

(a)

For the purposes of this section a "lake" is defined as a body of water, either natural or manmade, which does contain, or has the capacity to contain, 750 acre feet or more of water or which has, or has the capacity of, 20 or more acres of surface area. "Lake" does not include a reservoir or other body of water operated by a governmental or public utility.

(b)

The real property which is specifically described and depicted on Exhibit "A" to Ordinance No. 99-196 [and incorporated herein by reference] (the central portion of the property between the southern shore of Lake Mission Viejo and Alicia Parkway), shall be developed, operated and maintained in the following manner:

(1)

Ground cover or other plants on the property shall be maintained so as not to exceed a height of 18 inches from the grade.

(2)

Trees on such property shall be maintained to the following standards:

a.

All trimming shall conform to the International Society of Aborculture Standards, by Richard W. Harris, dated 1995, a copy of which is on file in the office of the city clerk.

b.

All trees shall be left with the lowest branches intact for the first three to five years following planting so as to strengthen the trunk. Once the trunk is mature and able to support the structure of the tree, but not exceeding five years after planting, the tree shall be maintained such that the lowest branches and vegetation clear a minimum of eight feet from the grade.

c.

Trees shall not be planted on a slope on the property which is lower than the plane of the sidewalk of the adjacent street, or if there is no sidewalk, then the plane of the top of the curbing of the adjacent street.

d.

A tree shall not be planted within 75 feet of another tree.

e.

The crowns of the trees shall be cleaned yearly, consisting of clearing of the dead, diseased, and dying wood and those branches that cross or are weakly attached.

f.

Topping or heading back of the tree crown is prohibited.

(3)

All landscaping shall be maintained in a neat and clean condition.

(c)

The real property which is specifically described and depicted on Exhibit "B" to Ordinance No. 99-196 [incorporated herein by reference] (the eastern and western portions of the property between the southern shore of Lake Mission Viejo and Alicia Parkway), shall be developed, operated and maintained in the following manner:

(1)

Ground cover or other plants on the property shall be maintained so as not to exceed the following heights:

a.

With respect to that portion of the property which is on the same plane as the top of the adjacent public sidewalk or the top of the adjacent street curbing, the groundcover or plant material shall not exceed a height of eighteen (18) inches above the plane of the top of the adjacent public sidewalk or the top of the adjacent public street curb; and

b.

With respect to that portion of the property which is on a slope which is lower than the plane of the top of the adjacent public sidewalk or adjacent public street curb, the groundcover or other plant material shall not exceed the height of the plane of the top of the adjacent public sidewalk or top of the adjacent public street curb.

(2)

Trees on such property shall be maintained to the following standards:

a.

All trimming shall conform to the International Society of Aborculture Standards, by Richard W. Harris, dated 1995, a copy of which is on file in the office of the city clerk.

b.

All trees shall be left with the lowest branches intact for the first three to five years following planting so as to strengthen the trunk. Once the trunk is mature and able to support the structure of the tree, but not exceeding five years after planting, the tree shall be maintained such that the lowest branches and vegetation clear a minimum of eight feet from the grade.

c.

Trees shall not be planted on a slope on the property which is lower than the plane of the sidewalk of the adjacent street, or if there is no sidewalk, then the plane of the top of the curbing of the adjacent street.

d.

A tree shall not be planted within 75 feet of another tree.

e.

The crowns of the trees shall be cleaned yearly, consisting of clearing of the dead, diseased, and dying wood and those branches that cross or are weakly attached.

f.

Topping or heading back of the tree crown is prohibited.

(3)

All landscaping shall be maintained in a neat and clean condition.

(d)

The installation or placement of any landscaping, plant, tree, shrub, bush, wall, berm, fence, bench, street furniture, signs, kiosks, mechanical equipment, and other plant materials, structures or objects which do not comply with the standards described in subsections (b) and (c) of this section, shall require the approval of a planned development permit pursuant to chapter 9.47 of the Mission Viejo Municipal Code.

(e)

Mechanical equipment (including, but not limited to, pipes, pumps, utility cabinets, and similar equipment) existing in the areas described in subsections (b) and (c) of this section as of November 2, 1998, shall be allowed to remain and may be replaced provided that the replacement equipment does not exceed the height or width of the equipment in place as of November 2, 1998, and the color is the same as the original equipment. Any landscaping, plant, shrub, bush, tree, wall, berm, fence, bench, street furniture, signs, kiosks, and other plant materials, structures or objects existing in the areas described in subsections (b) and (c) of this section as of November 2, 1998, and which were planted or installed prior to 1990 shall be allowed to remain subject to the maintenance requirements of this section.

(f)

Any landscaping, plant, shrub, bush, tree, wall, berm, fence, bench, street furniture, signs, kiosks, mechanical equipment, and other plant materials, structures or objects which does not comply with the provisions of this section shall be amortized and removed within one year from the notice of nonconformity pursuant to the provisions of chapter 9.28 of the Mission Viejo Municipal Code.

(g)

The installation or placement of any landscaping, plant, shrub, bush, tree, wall, berm, fence, bench, street furniture, signs, kiosks, mechanical equipment, and other plant materials, structures or objects in violation of the provisions of this section shall be deemed a public nuisance and may be abated as provided in chapter 9.59 of the Mission Viejo Municipal Code, in addition to any other civil or criminal enforcement options available to the city pursuant to chapter 1.01, chapter 1.02, chapter 1.03, or chapter 9.59 of the Mission Viejo Municipal Code.

(Ord. No. 99-196, § 4, 4-5-99)

Sec. 9.13.030. - Applicable regulations.

All uses shall be subject to the applicable regulations of this code, including provisions located in the following chapters:

(a)

Chapter 9.48 Conditional Use Permits

(b)

Chapter 9.27 Landscaping Standards

(c)

Chapter 9.26 Off-Street Loading Standards

(d)

Chapter 9.25 Off-Street Parking Standards

(e)

Chapter 9.47 Planned Development Permits

(f)

Chapter 9.29 Sign Standards

(g)

Chapter 9.42 Temporary Use Permits

(h)

Chapter 9.46 Variances

(Ord. No. 98-193, §§ 1—4, 10-19-98)

CHAPTER 9.14. - COMMUNITY FACILITIES ZONE

Sec. 9.14.005. - Purpose.

The purpose of the CF (Community Facilities) Zone is to provide for a wide range of public, quasipublic, and private land use activities serving the residents of the city. The maximum intensity of development is FAR 1.0.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.14.010. - Permitted uses.

The following uses may be permitted subject to the approval of a planned development permit by the planning commission:

(a)

Art galleries/museums;

(b)

Churches;

(c)

Cultural/recreational activities;

(d)

Government administrative offices/facilities;

(e)

Hospitals;

(f)

Libraries;

(g)

Public utilities;

(h)

Schools; and

(i)

Theaters.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.14.015. - General standards.

Any structure/use located in the CF zone shall be:

(a)

Sited in a manner sensitive to the existing natural resources and constraints of the land.

(b)

Landscaped in a manner which compliments both the immediate setting and surrounding areas.

(c)

Subject to a visual analysis relating structural proportions, massing, height, and setbacks to preserve and enhance the scenic character of the area.

(d)

Designed to ensure that all roof-mounted air conditioning or heating equipment, vents or ducts shall not be visible from any abutting parcel or any public street or right-of-way. This shall be accomplished through the extension of the main structure or roof or through the use of screening which is architecturally integrated with the main structure(s).

(e)

Designed to ensure that all elevations are architecturally treated to provide compatibility with all neighboring structures and the established character of the city.

(f)

Provided with a trash receptacle(s) on the premises. The trash receptacle(s) shall be of sufficient number and size to accommodate the trash generated. The receptacle(s) shall be screened from public view on at least three sides by a solid wall seven feet in height and on the fourth side by a solid metal gate not less than six feet in height. The gate shall be maintained in good working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding structures.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.14.020. - Applicable regulations.

All uses shall be subject to the applicable regulations of this code, including provisions located in the following chapters:

(a)

Chapter 9.48 Conditional Use Permits

(b)

Chapter 9.27 Landscaping Standards

(c)

Chapter 9.26 Off-Street Loading Standards

(d)

Chapter 9.25 Off-Street Parking Standards

(e)

Chapter 9.47 Planned Development Permits

(f)