Pismo Beach Municipal Code Ch. 17.12 Commercial Zoning Districts

This chapter provides regulations applicable to development and new land uses in the commercial zoning districts established by Section 17.06.020 (Zoning Districts Established).

The purposes of the individual commercial zoning districts and the manner in which they are applied are as follows.

A. CRS (Resort Commercial) District. The CRS zoning district is intended for areas suitable for recreational vehicle parks and visitor-serving uses. The CRS zoning district is consistent with the resort commercial land use classification of the general plan/local coastal plan.

B. CD (Downtown Commercial) District. The CD zoning district is intended for the downtown area of the city, which includes three sub-areas. The CD district is intended to provide: pedestrian scale uses; visitor serving uses; mixed commercial uses, including retail, office, recreational, and cultural uses; conservation of existing residential neighborhoods and community commercial needs. The CD district is also intended to enhance the natural features of the downtown area, including the Pacific coastline and the Pismo Creek area.

The sub-areas include:

1. CD-C (Central Core) District. The purpose of the CD-C district is to provide intensive retail commercial, recreational, and cultural uses, oriented towards pedestrian visitors.

2. CD-M (Mixed-Use and Resident-Serving Commercial) District. The CD-M district is intended for locations in the downtown that are more community serving for local residents, including food markets, drug stores, health services, and professional offices, and for mixed use projects including commercial, residential, hotels and motels, and other multiple-use projects.

3. CD-V (Visitor Services) District. The CD-V district is intended to provide areas appropriate for a mix of visitor lodging.

C. CG (General Commercial) District. The CG zoning district is applied to areas appropriate for pedestrian scale retail shopping, office, and personal service uses. The maximum allowable floor area ratio (FAR) for commercial development is 2.0. The CG zoning district is consistent with the commercial land use classification of the general plan/local coastal plan.

D. CS (Service Commercial) District. The CS zoning district is applied to areas appropriate for more intensive commercial and non-polluting, light manufacturing and industrial uses. The maximum allowable floor area ratio (FAR) for commercial development in the CS zoning district is 1.5. The CS zoning district is consistent with the industrial land use classification of the general plan/local coastal plan.

Table 2-5 identifies the uses of land allowed by this Zoning Code in the commercial zoning districts, and the land use permit required to establish each use, in compliance with Section 17.06.040(B), (Zoning District Regulations).

Note: where the last column in the tables ("See Standards in Section") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Zoning Code may also apply.

TABLE 2-5 ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL ZONING DISTRICTS

(Ord. O-2019-007 § 1, 2, 3, 2019; Ord. O-2014-006 § 2 (part), 2014; Ord. O-2014-004 § 2 (part), 2014; Ord. O-2010-001 § 2 (part), 2010; Ord. O-2009-001, 2008; Ord. 02-02 § 2 (Exh. 8A), 2002)

Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-6, in addition to the applicable development standards in Chapter 17.14 (Commercial District Design Standards), and Article III (Site Planning and General Development Standards).

TABLE 2-6 COMMERCIAL DISTRICT GENERAL DEVELOPMENT STANDARDS

Notes:

(1) Maximum allowed height of structures, except where a height limitation (HL), or view considerations (V) overlay district applies (Sections 17.18.040, and 17.18.060, respectively). The HL overlay applies in the following planning areas established by the general plan: Dinosaur Caves, Freeway Foothills, North Spyglass, Shell Beach, Spyglass, South Palisades, and Sunset Palisades. See also Chapter 17.20 (Height Measurement and Exceptions).

(2) Minimum area of landscaping required, in compliance with Chapter 17.30 (Landscaping).

Notes:

(1) Minimum area for parcels proposed in new subdivisions.

(2) A minimum of fifty percent of the width of the first floor shall be located along the front property line.

(3) Maximum percentage of site area that may be covered with structures. See the definition of site coverage in Article VI (Definitions).

(4) Maximum allowed height of structures, except where a height limitation (HL), or view considerations (V) overlay district applies (Sections 17.18.040, and 17.18.060, respectively). The HL overlay applies in the following planning areas established by the general plan: Dinosaur Caves, Freeway Foothills, North Spyglass, Shell Beach, Spyglass, South Palisades, and Sunset Palisades. See also Chapter 17.20 (Height Measurement and Exceptions).

(5) Minimum area of landscaping required, in compliance with Chapter 17.30 (Landscaping).

(6) See also Section 17.12.050(F) for setback requirements for accessory structures within the CD districts.

(7) See Section 17.12.050(B) for height limits on sites adjacent to the boardwalk area.

(8) Greater site coverage may be authorized through conditional use permit approval.

(Ord. O-2014-006 § 2 (part), 2014; Ord. O-2014-004 § 2 (part), 2014; Ord. 03-04 § 2 (Exh. B (part)), 2003)

The following requirements apply to development and new land uses within the CD-C, CD-M, and CD-V zoning districts, in addition to the standards of Section 17.12.040 (Commercial District General Development Standards), and Chapter 17.14 (Commercial District Design Standards).

A. Levi-Benson Property (APN 5-201-17). The site bounded by the Pismo Pier parking lot, Cypress and Pomeroy Streets, and Hinds Avenue may meet the landscaping requirements of this Zoning Code through the use of paseo and plaza areas that are provided with planter areas and container plants.

B. Sites Adjacent to Boardwalk. Proposed development on sites adjacent to the Boardwalk area identified in the general plan/local coastal plan shall comply with the following requirements.

1. Access Dedication. Proposed development adjacent to the Boardwalk or areas intended for the extension of the Boardwalk shall comply with the lateral access dedication and construction requirements of Section 17.32.060 (Public Access).

2. Height Limits and Upper Floor Setback Requirements. Structures adjacent to the boardwalk within the CD zoning districts be limited to a maximum height of thirty-five ft. from site grade. Facades immediately adjacent to the boardwalk are limited to one story no higher than twelve ft., including roofs; additional stories may be added up to the maximum height allowed, provided that the second and upper floors are set back the following minimum distances from the edge of the first floor adjacent to the boardwalk:

Second Floor: Seven to ten ft.

Third Floor: Fourteen to twenty ft.

Fourth Floor: Twenty-one to thirty ft.

C. Creekside Parcels. Development proposed on parcels located adjacent to Pismo Creek shall comply with the following requirements.

1. Dedication and Improvement of Lateral Access. The approval of proposed development on any site located along Pismo Creek from the Ocean to Highway 101, may require the dedication of a public access easement for a creekside trail. The width of the required easement may be allowed to vary from ten feet to twenty feet, at the sole discretion of the city. The width required for particular segments shall be based on feasibility, the requirement that no parcel be rendered undevelopable, and the need to obtain a harmonious and continuous alignment for the path as a whole. All required pathway improvements shall be installed by the developer as part of the project at the time of its construction. Pathway improvements may consist of a variety of materials and/or structures.

2. Setback of Structures from the Pismo Creek Channel. Except for public access improvements, all structures located on parcels adjacent to Pismo Creek shall be set back from the top of the creek bank a minimum distance of fifty feet for parcels between Highway 101 and Dolliver Street and twenty-five feet for parcels between Dolliver and the Pacific Ocean. A lesser setback may be permitted if:

a. The minimum setback would render a parcel inaccessible or unusable for the purpose designated by the applicable zoning district; or

b. A resource assessment study demonstrates that a lesser buffer will not have adverse effects on streamside vegetation or the biotic quality of the stream.

In all cases, the location of the top of the creek bank shall be determined by the city engineer.

D. Mixed-use projects. Mixed use projects shall comply with the requirements of Section 17.38.090 (Mixed Use Projects).

E. Requirements for pedestrian plazas. A pedestrian plaza is an open space unobstructed from ground to sky that is available for use by the public for walking or seating.

1. Applicability. The following proposed projects shall be required to incorporate a pedestrian plaza:

a. Any visitor-serving commercial development fronting Cypress Street or the ocean, except that projects on ocean-fronting parcels which construct a boardwalk are exempt from this requirement.

b. Any commercial development on a lot over five thousand square feet in area located within the CD-C, and CD-M districts.

2. Minimum Area. A required pedestrian plaza shall be designed and constructed with a minimum area of one hundred square feet for every five thousand square feet of site area or portion thereof.

3. Ineligible Space for a Pedestrian Plaza. The following shall not qualify as part of any required pedestrian plaza:

a. Portions of a site which that are not related to areas of primary pedestrian circulation;

b. Pathways and entrances to buildings necessary for normal pedestrian circulation; and

c. Areas identified for exclusive use by employees or by business customers, such as outdoor dining areas or lobbies.

4. Design Standards. The following standards shall apply to the design and construction of required pedestrian plazas:

a. The design shall be an integral part of the overall project and shall have a harmonious relationship between pedestrian circulation patterns within the project and adjacent public sidewalks;

b. The design shall incorporate seating, enhanced paving materials, shade trees, and/or trellises, lighting, and landscaping. Container plants are appropriate for small areas;

c. The plaza area shall be open to the sky except for shade trellises and roof overhangs;

d. The plaza shall be located either at ground level or at a maximum of five feet above ground level as measured at the nearest street curb. The plaza shall be accessible to the general public during normal business hours;

e. Decorative planters of ceramic, terra-cotta, or wood shall be incorporated into the design of the plaza;

f. A visual focal point feature shall be provided in each public plaza. This may be a sculpture, a fountain, special landscape feature, or other distinguishing focal point;

g. Lighting for a plaza area shall be between 1.0 to 1.5 footcandles; areas that must be secured shall have 2.0 footcandle of lighting; and

h. Additional requirements may be imposed by the commission as conditions of approval.

5. Incentive Bonuses. As an encouragement for development of public pedestrian plazas and paseos, the following bonuses shall be provided if requested by the developer and approved by the commission:

a. For every two hundred square feet of public plaza or courtyard provided, the number of on-site parking spaces required by Chapter 17.34 (Parking and Loading) may be reduced by one parking space, provided that a finding is made that adequate parking will be available to serve the project;

b. For every one percent of the site area provided in public plazas or courtyards, the maximum allowable building floor area may be increased by two percent of the site area, provided that all Uniform Building Code requirements are met.

The commission may approve adjustments to the above incentives to take into consideration site irregularities or constraints, the location of the site within the overall downtown area, relationship of the project to adjacent structures and uses, and any other unique attributes of the project.

F. Accessory Structures. The following shall apply to all accessory buildings and structures.

1. Limitation on Number of Structures. No more than one accessory building shall be permitted per parcel.

2. Location and Setback Requirements. Accessory structures shall not be located adjacent to streets, sidewalks or the boardwalk, and shall comply with the following setback requirements:

a. Side setbacks: Five feet in the CD-M district; none required in the CD-C district;

b. Rear setbacks: Ten feet in the CD-M district; none required in the CD-C district; and

c. Setbacks from other structures: a minimum of six feet from other structures on the site.

3. Height limit: Fifteen feet.

4. Maximum floor area: One hundred twenty square feet.

5. Portable Structures. Portable structures shall be limited to a maximum floor area of eighty square feet and a maximum height of eight feet.

G. Conversion of Visitor-Serving Lodging. The conversion of visitor-serving lodging in the CD zoning districts to non-visitor-serving uses shall be prohibited, unless the cost of rehabilitation is greater than fifty percent of the market value of the structure, or the review authority determines that the existing use can no longer be made economically viable.

H. Maintenance of Vacant Parcels. Vacant parcels shall be maintained free of trash and debris.

This section provides design standards for the zoning districts that comprise the downtown area (CD-C, CD-M and CD-V zoning districts). Project proponents shall consult these standards in addition to the general commercial design standards (Section 17.14.030) when proposing a project in the downtown area.

A. Objectives. The design standards in this section are provided in recognition that downtown Pismo Beach is a unique place and requires special attention to design. The objectives of these standards are as follows:

1. Ensure that new development, including additions and renovations of existing structures, does not have adverse aesthetic, health, safety, or visual impacts on adjoining properties, or the downtown area in general;

• 2. Improve the quality of physical changes throughout the downtown area;
• 3. Encourage creativity in design;
• 4. Promote a strong pedestrian orientation; and

5. Promote the preservation and rehabilitation of downtown's historic and contextual building elements details, and materials;

B. General Design Standards.

1. Scale, Bulk and Form. Scale is the relationship between a proposed building's size or volume and the size of surrounding buildings. The scale of new buildings shall be consistent with existing buildings in the immediate area. Designs shall incorporate details and elements (e.g., door and window openings) that are close enough to the dimensions of the human body to be comfortable to pedestrians.

Development shall comply with the following standards to avoid large, box-like buildings:

a. Exterior wall planes shall be articulated by varying depth and/or direction.

b. Upper floors shall be stepped back from the footprint of the ground floor.

c. The height of various parts or elements of a building shall be varied.

d. Roof planes, shapes, and pitches shall be varied.

e. Entryways and entry structures shall be limited to one story in height.

f. Appropriately sealed materials, (e.g., bricks and small tiles) shall be used to reinforce the human scale at building entrances.

g. Plain walls at the ground floor level shall be avoided. Windows, wall insets, change in materials, awnings, and plazas shall be used to create variety.

2. Compatibility with Context. New development, including additions to existing structures, shall be designed to be compatible with surrounding buildings in terms of mass, form or shape, scale, height, colors, and materials. The configuration and heights of new buildings shall be designed to correlate with adjacent open spaces to allow maximum sunlight, ventilation, protection from prevailing winds, enhanced public views, and minimum obstruction of ocean views from adjoining structures. The height of new structures shall allow for a transition from the height of adjacent development to the maximum height of the proposed structure. To reduce the apparent height of buildings, a variety of roof shapes and forms shall be incorporated. See Figure 2-13.

FIGURE 2-13 COMPATIBILITY WITH CONTEXT

[Figure]

3. Articulation of Walls and Roofs. New development, including additions and renovations to existing buildings, shall be designed to provide articulation in wall and roof planes. Articulation describes the degree or manner in which a building wall or roofline is made up of distinct parts or elements. A highly articulated wall will appear to be composed of a number of different planes, usually made distinct by their change in direction (projections and recesses) and/or changes in materials, colors, or textures. Horizontal as well as vertical wall articulation shall be expressed through the use of varied roof planes and heights, wall offsets, recessed windows and entries, awnings, roof overhangs, upper-floor setbacks, use of color, and changes in materials and textures. See Figure 2-14.

FIGURE 2-14 ARTICULATION OF WALLS AND ROOFS

[Figure]

4. View Protection. New commercial and residential development, including additions and renovations of existing structures, shall be designed to provide view corridor that preserve ocean views. This may be accomplished by providing stepbacks of upper stories; orienting structures to frame or accent prominent views; and using balconies, decks and bay windows to make views accessible. When rooftops of new development can be viewed from adjacent buildings, they shall be designed to minimize detraction from views.

• C. Prohibited Project Elements. The following features or elements are prohibited:

• 1. Large blank, flat wall surfaces;
• 2. Square "boxlike" buildings with flat roofs;
• 3. Metal or plastic siding and highly reflective surfaces (mirrored windows, etc.);

4. Mix of unrelated materials (i.e., rustic wood shingles and polished chrome and materials applied on only a portion of a building;

5. Visible outdoor storage, loading areas, and equipment; and

6. Disjointed parking areas and awkward circulation patterns.

D. Special Standards for Rear Facades. Where parking areas and alleys exist or are planned behind buildings, rear facades can be an important visual and functional of the city's downtown. The design of rear facades for new development, including additions and renovations of existing structures, shall comply with the following:

1. Rear facades shall be designed to be consistent with the architectural style of the building and the design of the primary facade, but shall not be over improved. Rehabilitations of the rear facade may introduce accessory elements typical of the main facade (e.g., awnings or light fixtures), but shall not attempt to replicate storefronts or to add decorative embellishments typically found only on the main facade.

2. Direct entrances to shops through the rear facade shall be provided where feasible to encourage pedestrian activity and to separate walk areas from vehicular traffic.

3. Awnings on the rear facade shall be consistent with awnings on the front facade.

4. Identifying signs at rear entrances shall be provided to encourage the use of the rear entrance.

5. Landscape improvements shall include special planting treatments at rear facades. For existing buildings, the use of potted plants and raised planters shall be considered where paving and lack of irrigation may prevent normal landscape methods.

6. Lighting shall be added to rear facades to create a pleasant and safe nighttime environment. See Figure 2-15.

FIGURE 2-15 REAR ENTRY TREATMENT

[Figure]

E. Standards for Building Additions and Renovations.

1. Additions to existing buildings shall be designed to be integrated with the existing building. The new addition shall match the original in terms of scale, architectural details, window and door styles and openings, roofline, materials, color, and other aspects of design.

2. Where a large addition is developed, the entire building shall be renovated to achieve a single, coordinated appearance. See Figure 2-16.

3. The introduction of new materials shall be limited so that the total number of materials does not clutter the facade. New materials shall blend with or complement the originals in texture, composition and color. No more than four separate materials are permitted for walls, door and window frames, accent trim (wood, brick, tile) and canvas awnings.

F. Storefront renovation. When storefronts are to be remodeled, they shall be considered within the context of the whole building and adjacent storefronts. New design elements that alter the architectural character of the building or its relationship to the street are prohibited. New materials that are different or incompatible with materials on the rest of the building are strongly discouraged. See Figure 2-16.

FIGURE 2-16 STOREFRONT RENOVATION

[Figure]

G. Building Materials. Building materials add texture and color to development and shall be coordinated with the overall architectural style of the building so that they compliment one another and produce a coherent visual character. The following standards apply to new development, including additions and renovations of existing buildings:

1. Allowed materials for exterior walls:

a. Painted wood siding (horizontal and vertical);

b. Brick (natural earth colors only);

c. Stucco;

d. Wood trim;

e. Single color tile when used on bulkheads (below windows) not above three feet in height; and

f. Anodized aluminum in dark colors for door and window frames.

2. Undesirable/discouraged materials for exterior walls:

a. Plastic molded imitations of any building material;

b. Corrugated metal or aluminum sheets;

c. Mirrored or metallized reflective glass;

d. Stucco treated as "hacienda" texture or other heavy texture;

e. Silver aluminum extrusions for windows and doors;

f. Coarsely finished "rustic" materials (wood shakes, barnwood, or stained fir plywood);

g. Variegated brick, oversized brick, and white brick mortar; and

h. Indoor-outdoor carpeting.

H. Roof Design and Materials. Roof shapes and materials contribute to the overall character and scale of a building. Roofs shall be designed to compliment the architectural style of a building and other buildings in the surrounding area. The following standards apply to new development, including additions and renovations to existing buildings:

1. Variety shall be provided in roof heights and forms. Full roofs are required for new buildings that utilize hip or gable forms with slopes less than 6:12. In the CD-C zoning district, flat roofs with parapets are allowed if compatible with adjacent buildings.

2. Nearly vertical roofs (A-frames) and piecemeal mansard roofs (used on a portion of the building perimeter only) are prohibited.

3. All rooftop equipment shall be screened from public view. Mechanical equipment shall be located below the highest vertical element of the building to avoid the use of penthouse structures or other special screening devices that may be difficult to integrate into the overall building design.

4. When mechanical equipment is added to an existing roof, it shall be screened to match the architectural style and roof materials of the existing building without giving the appearance of being added on.

5. Roof drains shall be designed as an integral part of the structure and not be exposed on the exterior.

6. When skylights are used on sloping roofs, a flat design is required. "Bubble" design skylights are prohibited.

7. Allowed materials for visible roof surfaces in new development and additions and/or renovations to existing development include: slate, standing metal seam, and tile in natural colors. The use of a metal roof shall require conditional use permit approval.

8. Prohibited roof materials for new development and additions and/or renovations to existing development include: corrugated metal, high contrast and/or brightly-colored glazed tile, (except where desirable for accent purposes) highly reflective surfaces, illuminated roofing, and wood shakes.

I. Doors and Windows. The following standards apply to all new development, including additions and renovations of existing structures:

1. The first floor of commercial structures have sufficient areas of glass to give an open, public character to the downtown. Storefronts shall be a minimum of sixty percent window area and a maximum of eighty-five percent window area.

2. Upper story street-wall construction shall contain a minimum of thirty-five percent window area.

3. Large, continuous expanses of glass without careful detailing shall be avoided. Glass areas shall be subdivided by mullions, or decorative millwork to reduce the size of the glass areas and to create a more human scale.

4. Bay, bow, and box windows may be used along storefronts to add visual interest to a facade by providing variety, shadow, and texture.

5. Lightly-tinted glass may be used to reduce solar gain; however, deeply-tinted glass and reflective glass which stops views into the interior of buildings shall be avoided. The reflective coefficient of any glass used shall be less than thirty. Where tinted glass is used, the transmittance coefficient shall be greater than thirty.

6. Window and door frames may be constructed of any of the following materials: steel, anodized aluminum, wood, wood and metal, and vinyl-covered wood. The materials and finish of the frame shall be appropriate to the overall building character. Silver- and gold-colored aluminum frames are not allowed.

J. Exterior Colors. Color can dramatically affect the visual appearance of buildings and shall be carefully considered in relation to the overall design intent of the building. Color can also affect the apparent scale and proportion of buildings by highlighting architectural elements (e.g., doors, windows, fascia, cornices, lintels, and sills). The following standards apply to new development, including additions and renovations of existing buildings:

1. Neutral or soft colors are preferable for large wall surfaces (light gray, cream, beige, tan, light blue, etc.) while brighter or deeper shades provide effective accents and trim colors (brown, dark green, maroon, white, black, charcoal gray, etc.);

2. Walls of intense white color and bright yellow and oranges are not allowed;

3. The color palette chosen for a building shall be compatible with the colors of adjacent buildings, except where the colors of adjacent buildings are not consistent with the requirements of this subsection;

4. Buildings shall use no more than three colors;

5. When brick or stone are used on a building, their natural inherent colors shall be maintained; and

6. Contemporary buildings that interpret a historical building style shall follow the traditional color schemes of the particular style.

K. Lighting Standards. Lighting plays a major role in establishing the nighttime character of the downtown, especially as it relates to the pedestrian ambiance and safety of the area. The following standards apply to new development, including additions and renovations of existing structures:

1. Neon lighting may be used for building outlining and other decorative architectural accents.

2. Incandescent lamps shall be used whenever possible. The use of mercury vapor and other similar high intensity light sources is not allowed except at a rear entrance that is not visible from the street.

3. All lighting shall be shielded to confine light spread within the site boundaries.

4. One footcandle evenly distributed across the surface of a parking lot is the required minimum. Walkways shall have approximately two footcandles of illumination at the surface. Building entrances shall also be well lighted.

L. Awnings and Canopies. The use of awnings and canopies on buildings add architectural interest and are encouraged throughout the downtown area. They provide a means of breaking up large walls that otherwise may be left blank except for window openings. Awnings also provide protection from the elements and opportunities for small-scale, pedestrian-oriented signs. The following standards apply to all awnings:

1. An encroachment permit is required for any awning that is proposed to extend over a public right-of-way.

2. The design of awnings shall be compatible to the overall facade on which they are to be placed in terms of size, shape, scale, and color. See Figure 2-17.

FIGURE 2-17 AWNING DESIGN COMPATIBILITY

[Figure]

3. On existing buildings, the size and shape of the awnings shall be compatible with the architectural style of the building.

4. The highest point of a first-floor awning shall not be higher than the midpoint of the space between the second-story window sills and the top of the first-floor storefront windows.

5. The overall size and shape of an awning shall be compatible with the size and shape of the door, window, or other feature that it is accenting. See Figure 2-18.

FIGURE 2-18 AWNING SCALE COMPATIBILITY

[Figure]

6. A minimum seven-foot vertical clearance between the sidewalk and the lower-most portion of the awning shall be maintained. An eight-foot clearance shall be maintained between the sidewalk and the lowest structure member of the awning. See Figure 2-19.

FIGURE 2-19 CLEARANCE FROM SIDEWALK

[Figure]

7. Awnings shall use a single color or two-color stripes. Lettering and trim may be of other compatible colors. Signs may be painted on awnings but are restricted to the awning flap (valance) or to the end panels of angled or box awnings. See Figure 2-20.

FIGURE 2-20 SIGNS ON AWNINGS

[Figure]

8. Awning material shall maintain the appearance of canvas or cotton fabric. The use of aluminum, vinyl, or back-lit awnings is not allowed. Awning material shall be fire treated per Section 8.04.050 of the Municipal Code.