§ 36-10. "C-1" Neighborhood Commercial.

The regulations set out in this section shall apply in all C-1 Districts and shall be subject to the provisions of § 36-18.

To provide retail commercial areas for the sale of goods and services which meet the daily needs of a trade area of one or more adjacent residential areas and to regulate these areas to protect adjacent residential areas from unreasonable obstruction of light and air, excessive noise, and visually incompatible structures and uses.

Buildings, structures, and land shall be used, and buildings and structures shall be erected, structurally altered, or enlarged in the C-1 Districts only for the following uses. All uses shall be subject to the property development standards in § 36-10.6.

• A. Any locally oriented business or service establishment, such as but not limited to a grocery store, fruit or vegetable stores, bake shop, drug store, financial institutions, barber and beauty shop, cleaners, laundry pickup stations, laundromats, business or professional offices and the like supplying commodities or performing services for residents of the neighborhood.

• B. Restaurant, cafe, and soda fountain, not including entertainment or dancing, or sale of liquor, beer and other alcoholic beverages by the glass, or for consumption on the premises.

• C. Commercial parking lots for passenger vehicles.

• D. Any other retail business or service establishment which is determined by Planning Commission Resolution to be of the same general character as the above permitted retail business or service uses.

• E. Parks owned and operated by a governmental agency.

• F. Emergency Shelters as defined in § 36-2.2 (50(a)).

• G. Cultivation of cannabis for personal use as defined and regulated by Chapter 37.

Only those accessory uses and accessory buildings customarily appurtenant to a principal use, such as incidental storage facility, garage, or off-street parking area.

§ 36-10.5. Major and Minor Use Permits. [Ord. No. 943, § 1; Ord. No. 992, Exh. E, 1992; amended 8-2-2021 by Ord. No. 1276.]

The following uses may be conditionally permitted in the C-1 District subject to the provisions of §§ 36-20.2 through 36-20.5.

• A. Minor Use Permits.

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City of Oakdale, CA § 36-10.5

OAKDALE CITY CODE

§ 36-10.6

1. Multi-family dwelling not to exceed five (5) units.

2. Single-family dwelling units not to exceed five (5) units or duplex dwelling units not to exceed two (2) structures.

3. State licensed day care centers (seven (7) or more children, as defined by the California State Health and Safety Code).

4. Service station with minor automobile repair.

5. Restaurant, delicatessen, or cafe, which includes the sale of beer or wine beverages by the glass if less than two thousand (2,000) square feet.

6. Nurseries and greenhouses.

7. Mobile Food Vendor located on private property. as specified in § 36-29. [Added 8-2-2021 by Ord. No. 1276]

• B. Major Use Permits.

  1. Public and quasi-public uses appropriate to the C-1 District.

  2. Social hall, lodge, fraternal organizations and clubs.

  3. R-1, R-2, and R-3 District residential uses, subject to all restrictions and requirements of the residential zoning district, except as provided for in Subsection A1 and A2

  4. Restaurant or cafe, which includes the sale of liquor, beer, or other alcoholic beverages by the glass, or for consumption off of the premises.

  5. Drive-in restaurant, theater, convenience market with gasoline sales, fast-food restaurants, delicatessens and supermarkets.

  6. Churches and religious institutions.

  7. Public and private schools, technical, trade, and craft schools and studios.

  8. Recreational facilities and services including health clubs, pool halls, swimming clubs, and tennis, racquetball, and handball clubs.

  9. Amusement arcade pursuant to § 36-18.29.

  10. Neighborhood shopping centers.

  11. Mobile Food Vendor located in the public right-of-way, as specified in § 36-29. [Added 8-2-2021 by Ord. No. 1276]

  12. Any other retail business or service establishment which is determined by Planning Commission Resolution to be consistent with the purpose of this section and which will not impair the present or potential use of adjacent property.

• C. Expansions and Permit Extensions. Except as stated in the individual Major and Minor Use Permit Approval Resolution, Expansion and Permit Extensions are permitted per § 36-20.5.

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City of Oakdale, CA § 36-10.6

ZONING

§ 36-10.6

The following property development standards shall apply to all land and buildings in the C-1 Districts.

• A. Lot Area.

  1. The minimum lot area shall be the same as the R-3 Zoning District for all dwelling uses.

  2. For all uses other than dwellings, the lot shall be sufficient to provide the minimum yard, parking requirements as specified in § 36-25, and landscaping requirements as specified in § 36-24.

• B. Setback/Yard Requirements. The following setback/yard requirements shall apply to all uses in the C-1 District:

  1. There shall be no minimum front, side or rear yard requirement except that no building shall be erected closer to any R District boundary than ten (10) feet, nor closer than ten (10) feet to any street less than sixty-eight (68) feet in width, and except as provided for in § 36-18.9 Special Building Lines.

• C. Distance Between Buildings: Minimum requirements of the Uniform Building Code.

• D. Building Height. No building erected shall have a height greater than thirty-five (35) feet. Permitted projections above these heights include: ventilating fans or similar equipment required to operate and maintain the building, flag poles, chimneys, or similar structures approved under Site Plan Review, § 36-19.

• E. All uses shall be conducted wholly within a completely enclosed building or a solid screen enclosure a minimum of six (6) feet in height, except for service stations, public utility substations and off-street parking and loading facilities. In addition, the Planning Commission may permit the outdoor operation of any permitted use by approving a conditional use permit therefor.

• F. Site Plan Review. Prior to the issuance of any Building Permit for the erection of any structure on any lot, a Site Plan shall be submitted and considered pursuant to the Site Plan Review requirements of § 36-19.

• G. Landscaping and Open Space, as specified in § 36-24.

• H. Fences, Hedges, Walls and Screen Plantings. Fences, hedges, walls, and screen plantings shall be erected subject to the provisions of § 36-18.28, and the prohibitions against Vision Obstructions in § 36-18.23. Whenever a C-1 Use is proposed to be located adjacent to an R District, an eight (8) foot masonry wall shall be constructed along the property line pursuant to § 36-24.

• I. Off-Street Parking Requirements, as specified in § 36-25.

  1. Required parking may be provided up to four hundred (400) feet from the use upon the demonstration of an irrevocable legal instrument guaranteeing the provision of the required parking.

  2. None of the requirements of this chapter for off-street parking shall apply to any real property within the "parking and business improvement area" of the City, as defined in Ordinance No. 506; provided, that the parking and business improvement license tax assessed on any business conducted on any of the real property for which a building permit is requested shall be paid in full, with all arrearage, if any, paid before such building permit shall be issued.

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City of Oakdale, CA § 36-10.6

OAKDALE CITY CODE

§ 36-11.3.1

• J. Off-Street Loading Requirements, as specified in § 36-25.

• K. Vehicular Access. For all uses, there shall be vehicular access to the off-street parking and loading facilities from a dedicated street.

• L. Signs. For all uses, as specified in § 36-26.

• M. All refuse, garbage, and trash bins one-half (1/2) yard or larger shall be behind the building setback line and screened from public view.

  1. Outdoor trash enclosures are required in the C-1 District on lots five thousand (5,000) square feet or larger in area. Trash enclosures subject to public views shall be constructed of split face masonry and solid metal doors, a minimum of six (6) feet in height, with a minimum two (2) foot irrigated and landscaped perimeter around the enclosure (excepting door entries).

  2. Trash enclosures not subject to public views shall be enclosed by a nonextruded six (6) inch cement curb, and a six (6) foot high slatted chain link fence and gated doors.