Chapter 8.36 — COMMUNITY COMMERCIAL DISTRICT

Chapter 8.36 - COMMUNITY COMMERCIAL DISTRICT

The purpose of this district is to provide for a commercial environment that is based primarily on the provision of services to the needs and market demands of the town and adjacent communities.

(Prior code § 8-3401)

(Ord. No. 284, § 3, 9-11-2019)

Editor's note— Ord. No. 293, § 3(Exh. A), adopted November 10, 2020, repealed § 8.36.015, which pertained to definitions and derived from Ord. No. 284, § 3, adopted September 11, 2019.

In this district, each of the following uses is permitted by right:

A.

Animal services—grooming only;

B.

Antique, collectible store;

C.

Banks and financial services;

D.

Business support services;

E.

Catering service;

F.

Cultural institution;

G.

Eating and drinking establishments except bar, night club, lounge or restaurant with drive-in service

H.

Fitness facility, health club;

I.

Food, beverage sales except liquor store;

J.

Indoor entertainment facility less than five thousand (5,000) square feet with no alcohol sales;

K.

Licensed massage establishments;

L.

Medical—medical services facility and urgent care facility only;

M.

Offices;

N.

Outdoor retail sales;

O.

Personal services, general;

P.

Personal services, improvement or instructional;

Q.

Professional services;

R.

Retail business;

S.

Schools—trade school, vocational training only; and

T.

Other uses found by the planning commission at a public hearing to be consistent with the purpose of the district and comparable to any of the foregoing uses.

(Prior code § 8-3402)

(Ord. No. 284, § 3, 9-11-2019; Ord. No. 293, § 3(Exh. A), 11-10-2020)

In this district, each of the following uses is permitted on the issuance of a conditional use permit:

A.

Adult (sex-oriented) business;

B.

Animal services;

C.

Assembly or meeting facility;

D.

Automobile services and repair;

E.

Banquet hall;

F.

Big box retail;

G.

Building materials sales and services;

H.

Child day care center;

I.

Contractors, special trade;

J.

Convenience store;

K.

Drive-in service;

L.

Eating and drinking establishments—bar, night club, lounge or restaurant with drive-in service;

M.

Food, beverage sales—liquor store;

N.

Government office;

O.

Hotel;

P.

Indoor entertainment facility five thousand (5,000) square feet or greater, sale of alcohol allowed;

Q.

Live entertainment venue;

R.

Media production facility;

S.

Research and development, or laboratory;

T.

Payday lending establishment;

U.

Personal services, other;

V.

Retail business—nursery, garden center;

W.

Schools—colleges, universities only;

X.

Secondhand sales;

Y.

Theater, auditorium;

Z.

Tobacco store;

AA.

Vehicle and equipment facilities ("vehicle storage"); and

BB.

A use which the planning commission has found to be comparable at a public hearing to any of the foregoing uses.

(Ord. 160 § 2, 1997; prior code § 8-3403)

(Ord. No. 284, § 3, 9-11-2019; Ord. No. 293, § 3(Exh. A), 11-10-2020)

8.36.040 - Site standards.

A.

Site Standards.

Standard

B.

Increase in Side and Rear Yard Setback Requirements. The planning commission acting as the design review board for a conditional use permit application may establish increased side yard or rear yard setback requirements, or both, if it determines that the increase is necessary to establish a proper site planning relationship for existing and proposed uses.

C.

Increase or Decrease in Front and Exterior Side Yard Setback Requirements. The planning commission upon review of a design review application or conditional use permit application may increase or decrease the front and exterior side yard setback standards upon determination that:

1.

The modification is justified based on the existing locations of buildings, parking areas and other access points;

The design is consistent with the intent of this chapter and is complementary and compatible with existing development on the same site;

3.

The modification will not have an adverse effect on other properties in the vicinity of the project.

(Prior code § 8-3404)

(Ord. No. 284, § 3, 9-11-2019; Ord. No. 293, § 3(Exh. A), 11-10-2020)

• 8.36.050 - Development standards.

A.

Maximum Building Height. At no point shall the building height of a structure in this district exceed two stories or thirty-five (35) feet, whichever is less. However, if upon design review, the reviewing authority finds that the building height proposed for the structure will create a significant adverse effect on

neighboring properties or is incompatible with the natural terrain or vegetation, the reviewing authority may reduce the maximum building height permitted to a height which eliminates or mitigates the adverse effects of the building height proposed.

B.

Landscaped Areas. The lot shall contain landscaped areas designed in accordance with the state Model Water Efficiency Landscape Ordinance which shall be subject to approval by the reviewing authority.

C.

Building Design. New buildings within the Moraga Center Specific Plan area or any other specific plan area shall be designed in accordance with adopted design standards of the respective specific plan. If an adopted specific plan does not exist at the time an application for a building permit or a conditional use permit is filed, the building design shall be compatible in scale, height and mass with adjoining developments and avoid both excessive variety and monotonous repetition.

D.

Maximum Aggregate Building Height. On sloped lots where a structure is stepped down the slope, the maximum aggregate building height shall not exceed forty-five (45) feet. However, if upon design review, the reviewing authority finds that the building height proposed for the structure will create a significant adverse effect on neighboring properties or is incompatible with the natural terrain or vegetation, the reviewing authority may reduce the maximum building height permitted to a height which eliminates or mitigates the adverse effects of the building height proposed.

(Prior code § 8-3405)

(Ord. No. 284, § 3, 9-11-2019)

A proposed development containing a mix of residential and commercial and/or office uses on the same site or in the same building shall require approval of a planned development rezoning in accordance with the provisions of Chapter 8.50, Planned Development-Commercial (PD-C).

(Prior code § 8-3406)

(Ord. No. 284, § 3, 9-11-2019)