Chapter 23.316 — General Commercial And Industrial Zones

The purpose of this chapter is to establish zoning districts in the city that support general commercial and industrial uses to implement the city's commercial mixed-use and heavy industrial General Plan land use categories. These districts provide sufficient and appropriately located land for general commercial and industrial uses that minimize impacts on residential neighborhoods. (Ord. 27-2008 § 1 (Exh. A § 2.6.010); Ord. 7-2010 § 3 (Exh. A); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 1-2022 § 3 (Exh. A))

The following descriptions of each zoning district identify the characteristic uses, intensity of uses, and level of development intended for that district:

• A. General Commercial (GC). This district is consistent with the General Plan commercial mixed-use designation by providing locations for a wide variety of commercial uses and some higher density residential uses. The purpose of this zone is to provide an area for general commercial and heavier types of commercial uses. The most appropriate location for this district is along major streets or in commercial areas where the heavier uses permitted would not adversely affect surrounding properties.

• B. Light Industrial/Manufacturing (M-1) Zoning District. This district is consistent with the General Plan light industrial land use designation by providing locations for the development of industrial uses such as fabrication, manufacturing, assembly, or processing of materials that for the most part are already in processed form and which do not in their maintenance, assembly, manufacture, or plant operation create smoke, gas, odor, dust, sound, or other objectionable influences which might be obnoxious to persons conducting business or residing in this or any other zone.

• C. Heavy Industrial/Manufacturing (M-2) Zoning District. This district is consistent with the heavy industrial General Plan land use category by providing appropriate locations for intensive industrial uses that may generate noise, vibration, odor, or other conditions that make them undesirable and incompatible near or in conjunction with residential uses or the city's mixed-use districts. A wide range of industrial manufacturing and warehousing uses arestet permitted in this district. The M-2 district is

generally located in areas of the city where it would not create a substantial impact on sensitive residential, commercial, or office uses. Where feasible, development in the M-2 district may require additional measures to reduce impacts to neighboring properties, such as increased setbacks, landscaping, and screening.

(Ord. 27-2008 § 1 (Exh. A § 2.6.020); Ord. 7-2010 § 3 (Exh. A); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 1-2022 § 3 (Exh. A))

Table 23.316-1 identifies allowed uses and corresponding requirements for the general commercial and industrial zoning districts subject to compliance with Chapter 23.304 RCMC (Land Use Classification) and all other provisions of this title. Descriptions/definitions of the land uses can be found in Article 11 of this title (Definitions). The specific use regulations column in the table identifies the specific chapter or section where additional regulations for that use type are located within this title.

This zoning code relies upon a generalized list of allowed and conditionally allowed uses. Some interpretation is required to determine whether or not a specific use falls into a particular use category. Typically a use clearly falls into a particular category, but three additional tools are provided in this title to identify the appropriate use category when necessary:

• A. RCMC § 23.1104.040 (Land use definitions) includes land use descriptions.

• B. Similar Use Determinations. For uses that are not listed in Table 23.316-1 or where it is not clear whether a use would be permitted, a similar use determination can be processed according to Chapter 23.122 RCMC (Similar Use Determinations). All of the definitions, tables and other provisions of this title, in addition to the operational characteristics of the intended use, can be used to make a similar use determination.

Use regulations in the table are shown with a representative symbol by use classification listing: "P" symbolizes uses allowed by right, "AUP" symbolizes uses that require approval of an administrative use permit, "C" symbolizes uses that require approval of a conditional use permit, and "N" symbolizes uses that are not permitted.

Notes:

1. Trade schools permitted by right; all other schools require an AUP.

2. Permitted if the entire operation is conducted within a completely enclosed building or screened from view behind a fence or wall.

3. Off-site sales of alcohol permitted as an allowed use if incidental to a permitted use (e.g., breweries, wineries). Only retail sale of alcohol is permitted as part of the primary use. All other types of off-site sales (e.g., convenience store) require a conditional use permit. See Wholesaling and Distribution for nonretail sales.

4. On-site sales permitted with limited use permit. Off-site requires a conditional use permit.

5. Incidental sales up to 15 percent of developed portion of site are permitted as a by-right use and must be fully screened from view or enclosed within a building. Automotive sales that exceed 15 percent of the developed portion of the site or outdoor display areas that are not screened from view may be permitted with the issuance of an administrative use permit.

6. All retail, accessory and office, accessory uses are permitted up to a combined 50 percent of total building square footage.

7. The following limitations apply to retail, accessory and office, accessory in the M-2 district:

a. Sales are allowed when incidental to a permitted use and sales and stock room area does not exceed 25 percent of total floor area; b. Offices are allowed when incidental to a permitted use and do not exceed 25 percent of total floor area;

• c. Cafes/restaurants are allowed up to 15 percent of building square footage (freestanding restaurants require the issuance of a conditional use permit). 8. Up to 50 percent of total building area may be used for storage, warehousing, distribution or similar use as a permitted use. A conditional use permit is required to exceed this percentage. 9. This use is permitted if an integral part of the primary use (unrelated, incidental rental operations are not permitted). Additional provisions in RCMC § 23.913.040 (Accessory automobile sales and rental uses) apply.

10. Uses which serve alcohol for on-site consumption and which have an "on-sale" license from the California Department of Alcoholic Beverage Control must be located at least 250 feet from any adult live theater in which live nude dancing is performed and which is subject to Section 143.3 of the California Code of Regulations .

11. On-site urban agriculture stands are allowed up to 120 square feet, on the site of an urban agriculture use consistent with applicable regulations in RCMC § 23.904.030 .

12. See RCMC § 23.910.020 (Convenience stores).

13. See Chapter 23.915 RCMC (Storage, Personal Storage Facility Development Standards).

14. Massage parlors and massage establishments must be located at least 1,000 feet from other massage parlors and massage establishments, as measured from the entrance of each establishment. This shall not apply to any home occupation massage business that is in full compliance with home occupation requirements in Chapter 23.901 RCMC.

15. Over 20,000 square feet requires an administrative use permit.

16. On-site consumption of food is considered a permitted use if the related primary use is a permitted use.

17. On-site consumption of alcohol, as an accessory use to a permitted use, requires approval of an administrative use permit.

(Ord. 27-2008 § 1 (Exh. A § 2.6.030); Ord. 7-2010 § 3 (Exh. A); Ord. 20-2010 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 8-2015 § 4 (Exh. B); Ord. 15-2015 §§ 4, 5; Ord. 1-2016 § 3; Ord. 4-2017 § 3 (Exh. B); Ord. 5-2017 § 3 (Exh. A); Ord. 4-2018 § 3 (Exh. A); Ord. 15-2018 § 4 (Exh. A); Ord. 3-2019 § 5 (Exh. A); Ord. 5-2019 § 3 (Exh. A); Ord. 11-2020 § 3 (Exh. A); Ord. 8-2021 § 3 (Exh. A); Ord. 1- 2022 § 3 (Exh. A); Ord. 5-2025 § 3 (Exh. A))

The following development standards are applicable to the general commercial and industrial zoning districts. These standards, along with other development standards (e.g., landscaping requirements, parking standards) in this title and citywide design guidelines, are intended to assist property owners and project designers in understanding the city's minimum requirements and expectations for high quality development.

Notes:

1. The height may be increased to a maximum of 150 feet as part of design review.

(Ord. 27-2008 § 1 (Exh. A § 2.6.040); Ord. 7-2010 § 3 (Exh. A); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 4-2018 § 3 (Exh. A); Ord. 1-2022 § 3 (Exh. A))