Chapter 8.40 — LIMITED COMMERCIAL DISTRICT

Chapter 8.40 - LIMITED COMMERCIAL DISTRICT

The purpose of this district is to provide for those commercial, office, personal service, institutional, and recreational uses that are compatible with one another and with residential uses in the area and that are located either in a building or are effectively screened from public view.

(Prior code § 8-3411)

(Ord. No. 284, § 3, 9-11-2019)

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 services;

F.

Cultural institutions less than five thousand (5,000) square feet;

G.

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

H.

Food, beverage sales except liquor store;

I.

Indoor entertainment facility less than five thousand (5,000) square feet and no serving of alcoholic beverages;

J.

Indoor sports training facility;

K.

Licensed massage establishments;

L.

Medical services facility and urgent care facility only;

M.

Offices;

N.

Personal services, general;

O.

Personal services, improvement or instructional;

P.

Professional services;

Q.

Retail business—general retail and specialty retail only; and

R.

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 foregoing uses.

(Prior code § 8-3412)

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

A.

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

1.

Adult (sex-oriented) business;

2.

Animal services;

3.

Automobile services and repair;

4.

Child day care center—nursery school, preschool, childcare only;

5.

Convenience store;

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

7.

Firearm store;

8.

Food, beverage sales—liquor store;

9.

Indoor entertainment facility five thousand (5,000) square feet or greater and may serve alcoholic beverages;

10.

Payday lending establishment;

Personal services, other;

Secondhand sales;

13.

Self-storage facility, mini-storage; and

Tobacco store;

15.

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

B.

In addition to the conditional use permit requirements set forth in Section 8.12.120, the following guidelines shall be used in considering the appropriateness and acceptability of a proposed conditional use:

1.

The use shall be compatible in land use and traffic characteristics with other abutting uses;

Any adverse characteristics of the proposed use shall be mitigated to the extent necessary to make the use compatible with neighboring uses;

3.

The use shall be located/conducted within a building or space enclosed by approved fencing, landscaping or other buildings;

4.

The use shall not generate noise levels measured in excess of fifty-five (55) dba during daytime hours, or fifty (50) dba during nighttime hours as measured inside of the nearest sensitive receptor (such as a dwelling unit, school classroom, church sanctuary or nursing home);

5.

The use will not generate excessive glare, electrical interference, odor, vibration, brilliant light, dust, smoke, fumes or have other characteristics that are otherwise offensive to the senses to the extent that there is interference with the development or enjoyment of other properties in the vicinity;

6.

The hours of operation will not foster conditions detrimental to the neighborhood or town.

(Prior code § 8-3413)

(Ord. No. 280, § 2, 2-27-2019; Ord. No. 284, § 3, 9-11-2019; Ord. No. 293, § 3(Exh. A), 11-10-2020)

8.40.040 - Site standards.

A.

Site Standards.

Standard

B.

Increase in Front, Side and Rear Yard Setback Requirements. The planning commission, upon review of a design review application or conditional use permit application, may require an increase on the minimum front yard, side yard or rear yard requirements, or both, upon a finding that the increase is necessary to establish a proper site planning relationship to existing and proposed uses.

C.

Increase or Decrease in Front and Exterior Side Yard Setback Requirements. In connection with the issuance of a conditional use permit the planning commission 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;

2.

Existing facilities on the same parcel are sufficient to provide adequate services;

3.

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

4.

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

(Prior code § 8-3414)

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

8.40.050 - 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 § 8-3415)

(Ord. No. 284, § 3, 9-11-2019)

8.40.060 - Site proposed for mixed uses.

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 § 8-3416)

(Ord. No. 284, § 3, 9-11-2019)