Division 15 — ROWHOUSE DEVELOPMENT

Rowhouse developments are permitted within the R2 and R3 districts through the planned unit development (PUD) process (Section 36.46.70). This process allows consideration of creation of rowhouse developments provided that the total density (dwelling units per acre) of the project is equal to or less than the allowed density of the applicable zone district. Through the PUD process, the development is reviewed as a whole for consistency with the general purpose of the applicable zone district and the requirements and guidelines of this section.

(Ord. No. 18.13, § 1, 12/10/13.)

New rowhouse developments shall conform to the following standards. In addition to the following requirements, rowhouse developments will also be reviewed in the context of the design guidelines for rowhouse development.

ROWHOUSE DEVELOPMENT STANDARDS

;adv=6;(Ord. No. 18.13, § 1, 12/10/13.)

ARTICLE V. - COMMERCIAL ZONES DIVISION 1. - PURPOSE

SEC. 36.18. - Purpose.

This Section provides regulations applicable to development and new land uses in the commercial zoning districts established by Sec. 36.04 (Zoning districts established). The purposes of the individual commercial zoning districts are as follows:

a.

CN (Commercial-Neighborhood) district. The CN zoning district provides convenient shopping for surrounding residential neighborhoods, including retail and service uses that members of the public can obtain from the business (e.g., grocery stores, cleaners, restaurants, beauty salons, tax preparation and similar and related compatible uses). The CN zoning district is not intended for uses that may attract traffic from outside the local area. The CN zoning district is consistent with the neighborhood commercial land use designation of the general plan. Mixed-use districts are also consistent, where the general plan allows mixed-use (residential and commercial) development.

b.

CS (Commercial-Service) district. The CS zoning district allows service commercial and industrial uses that serve local residents and businesses. These uses include automotive repair, retail and wholesale businesses, carpentry shops, veterinary clinics and similar and related compatible uses. The CS zoning district is consistent with the general commercial land use designation of the general plan. Mixed-use districts are also consistent, where the general plan allows mixed-use (residential and commercial) development.

c.

CO (Commercial-Office) district. The CO zoning district permits general business offices, medical, professional, real estate, financial and other offices and similar and related compatible uses. The CO zoning district is consistent with the office land use designation and neighborhood mixed-use land use designation of the general plan. Mixed-use districts are also consistent, where the general plan allows mixed-use (residential and commercial) development.

d.

CRA (Commercial/Residential-Arterial) district. The CRA zoning district permits a broad range of commercial, office and residential uses located along the city's major arterials. Businesses in this district are intended to serve the local population as well as providing goods to visitors from outside the city. This zoning district is intended for hotels and motels, retail stores, restaurants, offices, housing, and similar and related compatible uses. The CRA zoning district is consistent with the mixed-use corridor and general mixed-use land use designations of the general plan.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 2.2026, § 3, 1/27/26.)

DIVISION 2. - LAND USES

SEC. 36.18.05. - Commercial zone land use permit requirements.

The uses of land allowed by this Chapter in each commercial zoning district are identified in the following tables as being:

a.

Permitted subject to compliance with all applicable provisions of this Chapter, including development review and parking requirements, and subject to obtaining any building permit or other permit required by the city code ("P" uses on the tables). Per Section 36.44.45, development review approval is required for exterior building or site modifications.

b.

Allowed subject to approval of a conditional use permit ("CUP") (Sec. 36.48).

c.

Allowed subject to approval of a temporary use permit ("TUP") (Sec. 36.46).

d.

Land uses listed, as specifically defined in this Chapter, and on the tables in a particular zoning district(s) shall only be allowed in the specific zoning district(s) in which it is listed. Such uses can only be allowed in other zoning district(s) upon approval of a text amendment as provided by Section 36.52.35 (Zoning amendments). These uses cannot be named as similar uses as determined by the zoning administrator through the conditional use permit process or Section 36.58.30 (Procedures for interpretation).

e.

Land uses that are not listed on the tables are not allowed, except where otherwise provided by Section 36.06.40 (Determination of allowable land uses) or Section 36.06.50 (Exemptions from zoning permit requirements).

LAND USES AND PERMIT REQUIREMENTS BY COMMERCIAL DISTRICT

NOTE: Where the last column on the following tables ("See Section") includes a section number, there are specific regulations and/or a specific definition in the referenced section that apply to the use; however, provisions in other sections may apply as well.

PROCESSING AND PRODUCTION

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 9.18, § 3, 10/23/18; Ord. No. 10.19, § 2, 6/25/19; Ord. No. 16.19, § 9, 10/22/19; Ord. No. 7.20, § 3, 6/23/20; Ord. No. 11.20, § 17, 11/10/20; Ord. No. 1.2023, § 3, 2/14/23; Ord. No. 01.2024, § 10, 1/23/24; Ord. No. 2.2026, § 3, 1/27/26; Ord. No. 3.2026, § 3, 3/10/26.)

---

SEC. 36.18.10. - Commercial zone special land use standards. SEC. 36.18.15. - CN zoning district special land use standards.

a.

Limitation on use. No goods may be produced on a premise in the CN zoning district except those to be sold at retail on the same premises.

b.

Offices. May be allowed by conditional use permit only where the zoning administrator determines that the proposed use is neighborhood-serving consistent with the purpose statement in Section 36.18. and sufficient parking is provided.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.18.20. - CS zoning district special land use standards.

a.

Offices and offices, research and development uses. Offices and offices, research and development uses as defined in Section 36.60.33 may be permitted in the CS zoning district, subject to the following criteria:

1.

Offices and offices, research and development uses may be permitted in multi-tenant buildings up to a maximum of forty-five (45) percent of the allowable floor area on each parcel. Ancillary office area, as determined by the zoning administrator, in tenant spaces occupied by nonoffice uses shall not be counted toward this percentage;

2.

Existing buildings with offices and offices, research and development uses that exceed the criterion in subsection 1 must be brought into compliance by December 31, 2009 unless a conditional use permit has

been granted to allow an extension to the nonconforming use. The zoning administrator may approve an extension up to January 1, 2040, subject to a determination that significant investment in buildings and improvements to serve the nonconforming office and research and development uses have been made with city approval and that significant remaining lifespan remains for these improvements.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 3.2026, § 4, 3/10/26.)

SEC. 36.18.25. - CRA zoning district special land use standards.

Limited offices, research and development uses are allowed in the CRA district upon approval of a conditional use permit. The intent is to allow small-scale businesses that are office-like (such as software and internet companies) and are compatible with the commercial, office and residential uses commonly found in the area; that do not involve manufacturing or the use of hazardous materials (except those normally associated with office buildings, such as cleaning materials); and are located in buildings developed (or redeveloped) for office uses and not in individual tenant spaces in multi-center retail centers.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 3.2026, § 4, 3/10/26.)

Sec. 36.18.27. - Standards for specific small-footprint land uses in commercial zones.

a.

Applicability. Specific small-footprint land uses are exempt from a zoning permit if: (1) the use is a retail, restaurant, personal service, or indoor recreation and fitness center land use in an existing building permitted in an underlying commercial zoning district per Section 36.18.05; and (2) complies with all provisions of this Section.

b.

Standards. Specific land uses covered by this Section shall comply with all of the following standards to qualify for the exemptions in subsection c:

1.

Size of tenant space: Occupies a total cumulative commercial tenant space of four thousand (4,000) gross square feet or less.

2.

Compliance with all codes and laws: Complies with all provisions of the city code, including Section 36.18.30 (General development standards for commercial zones) and obtains all necessary permits in accordance with city, state and federal regulations. This subsection shall not be interpreted to allow any violation of state or federal law or city code.

3.

Required parking: Complies with required accessible parking in the California Building Code and electric vehicle charging parking in the California Green Building Code, as adopted in Chapter 8 of the city code.

Loading and deliveries: The operator must comply with the following:

(a)

All loading and unloading activities must occur in a designated on-site location or an on-street loading or parking space suitable for these activities;

(b)

Loading and delivery vehicles shall not obstruct public sidewalks, bicycle lanes, on-street vehicle travel lanes, or emergency vehicle/fire lanes; and

(c)

No goods, materials, or equipment shall be staged or stored on public sidewalks or in required parking areas.

5.

Solid waste, recycling and discharge: The operator shall provide:

(a)

Adequate, clearly labeled collection containers in a designated location(s) for solid waste and recycling for use by all employees, tenants, and customers consistent with the city's solid waste collection design guidelines (as separately published by the city); and

(b)

For restaurants, all discharge must comply with Chapter 35 of the city code, including Section 35.33.11.1.i.

6.

Outdoor activities: No outdoor storage or activities are permitted without separate approval per Article XVI of this Chapter, except outdoor dining is permitted with an issued building permit for a restaurant use in compliance with Section 36.44.65 (Development review procedures) and Chapters 8 and 14 of the city code.

7.

Noise: All stationary equipment, including any amplified sound within the building interior, must comply with noise standards established in Section 21.26 (Stationary equipment noise) of the city code. No exterior amplified sound is permitted.

8.

Change of ownership: Any business shall continue to conform to this Section upon a change of

ownership/operator of the site, business, service, use(s) and/or structure provided there are no changes or that any modification(s) are consistent with the provisions in this Section.

c.

Exemptions. If the small footprint land use complies with all the provisions of subsections a and b, then the following exemptions apply:

1.

No new or additional parking spaces beyond those required by subsection b.3 above are required to be provided on the subject site of the business or any associated parking facility available for the business to use, in accordance with Section 36.32.50.b.3; and

2.

No conditional use permit (zoning permit) is required. Other city or governmental agency permits, licenses, or approvals may be required prior to business operation.

d.

Enforcement. Any violation of the provisions of this Section shall constitute a public nuisance, and any small-footprint land use that is maintained contrary to the provisions of this Section is hereby declared to be unlawful and a public nuisance and shall be subject to the enforcement provisions in Article XVI, Division 20 of this Chapter (Enforcement of provisions).

(Ord. No. 3.2026, § 4, 3/10/26.)

DIVISION 3. - COMMERCIAL ZONE GENERAL DEVELOPMENT STANDARDS

SEC. 36.18.30. - General development standards for commercial zones.

New land uses and structures and alterations or modifications to existing uses or structures shall be designed and constructed in compliance with the following requirements in all commercial zones.

a.

Facility upgrading required. Any major alteration or expansion (as determined by the zoning administrator) that requires development review shall incorporate measures to upgrade all existing facilities to extent feasible within lot constraints (structures, parking, landscaping, signs, etc.) to the current standards of this Chapter.

b.

Appearance of structures. Where minimum structure setbacks are provided, streetscape interest and relief shall be provided through special attention to facade treatment, planters, awnings and similar features.

c.

Rooftop equipment. All rooftop equipment must be screened on all sides with an opaque screen, parapet or architectural feature that is compatible with the building materials, form and design at a height equal to or greater than the installed equipment height. The height of the roof screen may be up to twelve (12) inches less than the height of the rooftop equipment so long as the equipment is not visible from adjacent

property line(s) or a sidewalk(s) on the opposite side of the street. Exceptions to height limits for screening are set forth in Section 36.08.30 (e).

d.

Ground-level equipment. All exterior ground-level equipment must be fully screened and located within an enclosure constructed of solid masonry or other suitable building materials consistent with the on-site exterior building materials, form and design at a height to fully screen the equipment, but no taller than eight (8) feet in height. On a case-by-case basis, the zoning administrator may consider and approve additional height to further screen the equipment. Ground-level equipment may include, but is not limited to, ground-water pumping equipment, generators and mechanical equipment.

e.

Trash enclosures. Trash enclosures shall be provided in all projects and shall be constructed of solid masonry or other suitable building materials, consistent with the building on-site, and shall be a minimum of six (6) feet in height, with solid, view-obstructing gates and a concrete pad in front to accommodate lifting and dropping of the dumpster. Trash enclosures shall be located in inconspicuous locations.

f.

Fences and walls. Any fences or walls in required setbacks, other than front and street side setback areas, may not exceed seven (7) feet in height, subject to development review (see Section 36.44.45). On a caseby-case basis, the zoning administrator may consider and approve fences or walls of additional height to meet business security needs.

g.

Late-night use and activities. The following standards apply to businesses abutting (either adjacent to or across the street from) residentially zoned properties with ongoing operations or activities between 11:00 p.m. and 6:00 a.m.

1.

Businesses abutting residentially zoned properties that are open or have ongoing activities between the hours of 11:00 p.m. and 6:00 a.m. shall be operated in a manner to protect residential properties from excessive noise from any sources during those hours.

2.

Upon substantial evidence that businesses' ongoing operations between the hours of 11:00 p.m. and 6:00 a.m. are creating excessive noise, the zoning administrator shall hold a public hearing in accordance with Section 36.48 (Conditional Use Permit) and may apply additional or modified conditions of approval necessary to ensure the operation is compatible with the adjoining residentially zoned property. Said use permit shall be limited to operations or activities occurring between 11:00 p.m. and 6:00 a.m.

h.

Facade and site modifications. Per Section 36.44.45, development review approval is required for exterior modifications to existing structures and site changes (including, but not limited to, new or modified landscaping, fencing, changes to parking lot striping or circulation). Exterior modifications performed and/or constructed without appropriate approvals shall require approval through development review of the alteration(s) or to return the building to its original condition. The zoning administrator may require additional improvements to make the building conform to acceptable standards for the area or zone district. Exterior modifications include, but are not limited to, the covering or blocking of window openings, which shall retain visibility between interior and exterior activities unless a permit for exterior modification has been approved through this process.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 20.19, § 6, 12/10/19; Ord. No. 01.2024, § 11, 1/23/24.)

---