§ 92.12

The C-1 zone is intended as a business district, primarily retail business in character, with related hotels, service, office, cultural and institutional uses. (Ord. 1294, 1988)

• A. Uses Permitted.

Buildings, structures and land shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses. All uses shall be subject to the standards in Section 92.12.03.

1. Accessory uses customarily incidental to the permitted uses and located on the same lot therewith;

2. Antique shops;

3. Apparel stores;

4. Art galleries;

5. Artists studios;

6. Art schools;

7. Athletic or health clubs;

8. Auto parts (Deleted by Ord. 1502);

9. Bakeries, retail;

10. Banks and savings and loan institutions;

11. Barber shops;

12. Baths (Deleted by Ord. 1502);

13. Beauty parlors and colleges;

14. Bicycle sales including accessory repair;

15. Blueprinting and photocopying;

16. Book and stationery stores;

17. Cannabis lounge or cannabis dispensary, subject to the property development standards contained in Section 93.23.15 of this Code;

18. Catering, in conjunction with a permitted food service use;

19. Childcare centers;

20. Confectionery stores;

21. Dancing studios;

22. Department stores;

23. Drug stores;

24. Film and camera sales and exchange;

25. Florist shops;

26. Food stores and delicatessens;

27. Furniture stores;

28. Gift and hobby shops;

29. Hardware and appliance stores;

30. Hotels and resort hotels;

31. Jewelry stores;

32. Laundromats (Deleted by Ord. 1324);

33. Libraries;

34. Liquor stores (Deleted by Ord. 1324);

35. Medical/sick room supplies (retail);

36. Mixed-use development;

37. Modeling schools;

38. Movie, radio and TV production and broadcast facilities;

39. Museums;

40. Music shops;

41. Newsstands;

42. Offices not including storage or presence of goods, materials, supplies or equipment not consumed or used by office use on the premises, or storage or presence of vehicles not used to transport business personnel or patrons to and from the premises;

43. Outdoor display as an accessory to a permitted main use and located on the same property as the permitted use in the Uptown district north of Alejo Road.

• a. Display of merchandise offered for sale in the Uptown area on North Palm Canyon Drive between Alejo Road and Vista Chino Road:

  • i. Merchandise shall be limited to furniture, antiques, fine arts and fine apparel.

  • ii. A maximum of three items may be displayed within a single contiguous area of 32 square feet that is totally located on front of and adjacent to the primary use.

  • iii. Items must be freestanding and not attached to any building.

  • iv. The maximum height of the display shall be seven feet.

  • v. The display shall not be placed within the public right-of-way.

  • vi. No product advertising nor signage may be placed on the display.

  • vii. Prohibited items include all merchandise not specifically covered in item i above. Specifically prohibited items include, but are not limited to, accessories, display racks, mannequins (except torso display frames), and other items.

• viii. Approval of such display shall be subject to Section 94.04.00, minor architectural approval for a finding that the display is compatible with pedestrian movements and the character of the surrounding development.

44. Pet stores, pet grooming;

45. Photographers studios;

46. Private clubs;

47. Religious institutions;

48. Restaurants, with or without outdoor dining, excluding drive-in or drive-through restaurants, or those within mixed-use developments in excess of 20,000 square feet of floor area;

49. Security exchange;

50. Shoe stores;

51. Small appliance shops and service;

52. Supermarkets;

53. Tailor shops;

54. Theaters, movie and legitimate stage;

55. Travel agencies;

56. Toy stores;

57. Used/consignment merchandise in conjunction with new merchandise or antiques, provided 50% of stock is new merchandise or antiques.

• B. Similar Uses Permitted by Commission Determination.

The commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above, and not more obnoxious or detrimental to the public health, safety and welfare or to the other uses permitted in the zone, as provided in Section 94.01.00. All uses shall be subject to the standards in Section 92.09.03.

• C. Uses Permitted by Land Use Permit.

  1. Indoor Uses:

     • a. Animal day care;

     • b. Auction houses, pursuant to Chapter 5.04 of the Municipal Code;

     • c. Automotive rental agencies as part of a resort hotel. The following standards shall apply:

       • i. Standards prescribed in Section 92.04.01(A)(2), Accessory Commercial Uses for Resort Hotels, shall be complied with,

       • ii. Number of vehicles stored at the location shall be limited to the number necessary to serve the hotel only,

       • iii. No service or repair facilities for the vehicles shall be permitted at the hotel site,

       • iv. Such use shall be permitted only if the hotel contains an adequate number of parking spaces in accordance with the provisions of Section 93.06.00;

     • d. Bicycle rental;

     • e. Catering in conjunction with permitted main use;

     • f. Commercial recreation (indoor);

     • g. Conversion of existing upper-story floor area to apartments. The following standards shall apply:

       • i. Each unit shall contain complete kitchen and sanitary facilities,

       • ii. No outdoor storage may be visible from any street,

       • iii. Such conversion shall be subject to applicable building code provisions,

       • iv. Additional standards as deemed appropriate by the Director, including considerations for open space, parking, and trash collection;

     • h. Farmers market;

     • i. Festivals and exhibits;

     • j. Ice cream parlors;

     • k. Lodges, meeting halls, private clubs, wedding chapels, and similar assembly uses;

     • l. Restaurants within mixed-use developments;

• m. Spa as an accessory use to a beauty parlor provided the staff is licensed and trained in the particular programs provided as outlined in Chapter 5.34 of the Municipal Code and such facility is in compliance with Chapter 5.34 of the Municipal Code;

  - n. Special purpose schools; 
  
  - o. Take-out food service in conjunction with permitted restaurant use; 
  

  • p. Valet cleaning service.

2. Outdoor uses as an accessory to a permitted main use and located on the same property as the permitted use:

   • a. Art displays;

   • b. Artisans, artists;

   • c. Car shows;

   • d. Christmas tree sales not as an accessory use to a main use;

   • e. Display cases in malls or courts;

   • f. Farmers market;

   • g. Fashion shows;

   • h. Festivals, exhibits and special events;

   • i. Florists;

   • j. Musicians/entertainment (subject to provisions of noise ordinance);

   • k. Plant and floral sales and displays;

   • l. Postcard displays (limited to one per store frontage);

   • m. Recycling collection center as an accessory use on a developed property;

   • n. Theatre and public assembly;

   • o. Vending carts dispensing the following:

     • i. Food,

     • ii. Beverages,

     • iii. Crafts,

     • iv. Floral items,

     • v. Other uses as determined by the planning commission.

3. Outdoor uses as an accessory to a permitted main use and located on public property including the public right-of-way (streets and sidewalks):

   • a. Art displays;

   • b. Artisans, artists;

   • c. Festivals, exhibits and special events;

   • d. Florists;

   • e. Install auto accessories (Deleted by Ord. 1324);

   • f. Musicians/entertainment (subject to provisions of noise ordinance);

   • g. Outdoor dining including beverage service;

   • h. Plant and floral sales and displays;

   • i. Vending carts dispensing the following:

     - i. Food, 
     
     - ii. Beverages, 
     
     - iii. Crafts, 
     
     - iv. Floral items, 
     
     - v. Other uses as determined by the planning commission.
     

   4. Outdoor uses located on public property including the public right-of-way (streets and sidewalks) and conducted in a designated area approved by the City Council and undertaken as part of a festival, event or program to promote commercial, artistic or cultural activity in the downtown district:

      • a. Art displays;

      • b. Artisans, artists;

      • c. Car shows;

      • d. Farmers market;

      • e. Fashion shows;

      • f. Festivals, exhibits and special events;

      • g. Florists;

      • h. Musicians/entertainment (subject to provisions of noise ordinance);

      • i. Outdoor dining including beverage service;

      • j. Plant and floral sales and displays;

      • k. Theatre and public assembly;

      • l. Vending carts dispensing the following:

        • i. Food,

        • ii. Beverages,

        • iii. Crafts,

        • iv. Floral items,

        • v. Antiques and collectibles,

        • vi. Other uses as determined by the planning commission.

• D. Uses Permitted by Conditional Use Permit.

The following uses may be permitted subject to approval of a conditional use permit, as provided in Section 94.02.00:

1. Ambulance services, and accessory uses customarily incident to the permitted use; provided, the site is located on a major or secondary thoroughfare as indicated by the general plan;

2. Automobile parking lots not in conjunction with a permitted use, subject to the provisions of Section 93.06.00;

3. Automobile parking structures;

4. Auto parts and accessories, retail, and installation of same;

5. Automobile sales agencies (at least 50% of autos displayed for sale shall be new);

6. Automobile service stations;

7. Car washes;

8. Churches;

9. Cocktail lounges and night clubs as a primary use;

10. Commercial recreational facilities;

11. Convenience stores;

12. Convention center;

13. Drive-through facilities;

14. Hotels in which more than 10% of the guest rooms contain kitchen facilities;

15. Laundromats;

16. Liquor stores;

17. Motorcycle rental provided there is no fluid service or engine part removal or repair conducted on the premises. All activities including instructions and driver checkout are to be conducted on private property within an approved parking area. In order to address potential noise concerns, all rental bikes will maintain the original exhaust systems approved by the manufacturer and the state of California;

18. Multifamily residential use;

19. Pawn shops, provided that no pawn shop is located closer than 2,500 feet to another;

20. Restaurants within a hotel containing from 30 to 99 guest rooms;

21. Spas provided that staff is licensed and trained in the particular programs provided and such facility is in compliance with Chapter 5.34 of the Municipal Code;

22. Spas as an accessory use to a hotel subject to the following standards:

• a. For hotels with under 50 rooms, the facility is to serve hotel guests only. Facilities located in hotels with more than 50 rooms and located on a major thoroughfare may be permitted to serve clients who are not hotel guests,

• b. The hotel has a minimum of 15 guest rooms,

• c. Staff shall be licensed and trained in the particular programs provided in accordance with Chapter 5.34 of the Municipal Code,

• d. Such facility shall comply with Chapter 5.34 of the Municipal Code;

23. Thrift shops operated by charitable organizations;

24. Time-share and condominium hotel projects subject to the provisions of Section 93.23.11 and 93.23.12.

(Ord. 1294, 1988; Ord. 1324, 1989; Ord. 1347, 1990; Ord. 1366, 1991; Ord. 1418, 1992; Ord. 1502, 1995; Ord. 1551, 1998; Ord. 1553, 1998; Ord. 1590 § 10, 2000; Ord. 1633 § 2, 2003; Ord. 1841 § 6, 2014; Ord. 1943 § 3, 2017; Ord. 1977 §§ 6—8, 2019; Ord. 1984 § 23, 2019; Ord. 2007 §§ 6, 7, 2019; Ord. 2020 §§ 27—29, 2020; Ord. 2031 § 40, 2020; Ord. 2041 § 14, 2021; Ord. 2063 § 17, 2022; Ord. 2076, 1/12/2023

All uses and structures not permitted in Section 92.12.01 are deemed to be specifically prohibited. The following classifications of uses shall not be permitted in this zone by commission determination:

• A. Automobile sales, used, as a primary use, and major repair;

• B. Dog kennels and catteries;

• C. Industrial uses;

• D. Motor scooter and motorbike rentals and sales, both as a primary and accessory use;

• E. Single-family residences;

• F. Wholesale and warehousing;

• G. Thrift shops not operated by charitable organizations;

• H. Mobilehome parks.

(Ord. 1294, 1988; Ord. 1418, 1992; Ord. 1502, 1995; Ord. 1553, 1998; Ord. 1590 § 11, 2000)

The following property development standards shall apply to all land and buildings in the C-1 zone, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site.

• A. Lot Area.

Each lot shall have a minimum area of 20,000 square feet.

• B. Lot Dimensions.

  1. Each lot shall have a minimum width of 100 feet.

  2. Each lot shall have a minimum depth of 150 feet.

  3. Each building site shall have a minimum frontage of 100 feet on a dedicated and improved street.

• C. Building Height.

  1. Buildings and structures erected in this zone shall have a height not greater than 30 feet.

     • a. Exception.

High rise buildings may be permitted pursuant to the provisions of Sections 93.04.00 and 94.02.00.

2. Permitted Projection Above Building Height Limits.

The provisions of Section 93.03.00 shall apply.

• D. Setbacks and Yards.

  1. Building Setbacks.

Where a building in the C-1 zone abuts any street there shall be a minimum five foot building setback from property line along the entire street frontage except as follows:

  - a. That the setback may be reduced along a portion of the frontage; provided, the remainder of the setback is increased an equal amount so as to provide an average setback of not less than five feet; and further provided, the setback area is not less than 25% of the width of the frontage. 

  - b. For properties which front on Tahquitz Canyon Way, see Special setbacks, Section 93.01.02. 

2. Yards.

   • a. A minimum of 50% of all yard areas created as a result of minimum building setback requirements above shall be maintained in decorative landscaping; the remainder may be maintained in decorative paving.

   • b. Where the C-1 zone abuts property in a residential zone, there shall be a yard of not less than 20 feet. A wall six feet in height shall be installed at the zone boundary line, with the five feet nearest the wall in landscaped screen pursuant to the approved plans. Where the zone boundary abuts R-2 or R-3 property which is already in use for public parking, no wall is required. Where the zone boundary abuts an alley which is a boundary of a residential zone, there shall be a yard of not less than 10 feet.

• E. Residential Density. Residential units developed within the C-1 zone shall be in conformance to the permissible density limits identified in the Land Use Element of the General Plan. Additional density may be permissible in accordance with the density bonus requirements listed in section 93.23.17.

• F. Access.

The provisions of Section 93.05.00 shall apply.

• G. Walls, Fences and Landscaping.

  1. Walls shall be erected as required in Section 92.12.03(D)(2)(b).

  2. The provisions of Section 93.02.00 shall apply.

• H. Coverage.

No requirements.

• I. Off-street Parking.

The provisions of Section 93.06.00 shall apply.

• J. Off-street Loading and Trash Areas.

The provisions of Section 93.07.00 shall apply.

• K. Signs.

The provisions of Section 93.20.00 shall apply.

• L. Storage.

All goods, wares, merchandise, produce and other commodities which are stored, repaired, offered or displayed for sale or exchange shall be housed in permanent buildings with the following exceptions:

1. Outdoor dining as an accessory to, and located on the same property as, a permitted restaurant use;

2. Activities and uses permitted by land use permit as outdoor uses.

• M. Minimum Building Area.

The minimum gross floor area for each commercial building shall be 2,000 square feet.

• N. Antennas.

The provisions of Section 93.08.00 shall apply.

• O. Public Art.

The provisions of Section 93.11.00 shall apply. (Ord. 1294, 1988; Ord. 1418, 1992; Ord. 1553, 1998; Ord. 1977 § 9, 2019)

All properties shall be subject to property maintenance standards established in Section 93.19.00. (Ord. 1294, 1988)