Chapter 23.34 — LIMITED DOWNTOWN COMMERCIAL (C-D)(C-1-T)

§ 23.34.010. Purpose. ¶

These regulations are intended to preserve Pacific Grove's downtown character as a historic district and perpetuate a balance of land uses that are compatible in a downtown environment. These regulations will implement the general plan and:

(a) Maintain a mix of commercial uses that is compatible with downtown's historic character;
(b) Promote a broad range of goods and services that avoids the dominance of any single type of use and provides a variety of options to the city's residents and visitors;
(c) Encourage the development of second floor residential uses above ground floor retail and service uses in the downtown commercial (C-D)(C-1-T) districts by limiting commercial uses that may generate noise, criminal activity, and litter;
(d) Promote the establishment of unique, quality commercial uses that serve the intellectual, social, material, and day-to-day needs of the local community and visitors;
(e) Protect and enhance the balanced mix of uses in the downtown commercial (C-D)(C-1-T) districts, particularly along Lighthouse Avenue, to ensure a high quality, pedestrian-oriented commercial environment providing a variety of goods and services to local residents;
(f) Encourage uses that generate revenue for the city;
(g) Discourage the type of establishments that may displace businesses that supply residents with essential goods and services.
(Ord. 15-013 § 5, 2015)

§ 23.34.020. Numerical and size limitations established. ¶

Table 23.34.020 lists the numerical and size limitations for certain restricted uses consistent with the land use regulations for zoning districts in the city in which they may be located and the purposes of the chapter.

Table 23.34.020: Limitations on Restricted Commercial Uses
Use	Limit on the Number Allowed	Other Limitations	Type of Permit Required
Beneft/resale/consign ment	12 in total and only 2 permitted on Lighthouse Avenue	Uses may be located on an upper foor in the (C-D)(C-1-T) downtown commercial zones	Occupancy permit business license
Reserved
Reserved

(Ord. 15-013 § 5, 2015)

§ 23.34.030. Procedure for establishing a restricted commercial use.

(a) Acceptance of Applications. The department of community and economic development (the department) shall maintain an inventory of commercial uses subject to the numerical limitations set forth in this chapter. Each proposed change in land use or project for which an occupancy/business license application is submitted shall be evaluated to determine whether its approval would result in a net increase in the number of establishments or units that would exceed the limitations set forth in PGMC § 23.34.020 . All applications to establish a land use subject to such limitation shall be returned to the applicant or denied if the approval of such use would exceed the limits specified. Applications that affect but would not result in a net increase in the number of establishments subject to limitation may be accepted and processed. Numerically limited uses approved by the city shall be physically established and in operation within six months of the date of approval. Failure to establish the use shall void the approval.
(b) Reservation of Allocation. For approvals of numerically limited uses associated with construction activity (e.g., such as when a building addition or renovation has been approved for occupancy by the use) the six-month period for establishment shall be dated from issuance of a certificate of occupancy.
(Ord. 15-013 § 5, 2015)