Chapter 2.40 — COMMERCIAL AND INDUSTRIAL BASE DISTRICTS

The purpose of this chapter is to define allowable land uses and property development standards for the commercial and industrial zoning districts, which include the CN "Neighborhood Commercial," CG "General Commercial," OA "Administrative-Professional Office," ML "Light Industrial," and MH "Heavy Industrial" districts. The overall purposes of the commercial and industrial base districts are to provide for appropriate uses in the unincorporated areas of the county that are within the urban service areas and are predominantly in nonresidential use, and to regulate the type and intensity of development in these areas in a manner consistent with the general plan of the applicable city. The further specific purposes of each of the commercial and industrial base districts are described below.

A.

CN Neighborhood Commercial. The purpose of the Neighborhood Commercial district, also known as the CN district, is to accommodate, at convenient locations, those limited commercial uses which are necessary to meet basic shopping and service needs of persons residing in surrounding areas. The CN district is intended to be applied within urban service areas to commercial areas designated in a corresponding manner by the applicable city general plan. Multi-family housing and mixed-use residential developments are also allowed.

B.

CG General Commercial. The purpose of the General Commercial district, also known as the CG district, is to provide, at readily accessible locations, a wide variety of retail, service, and administrative establishments that are required to serve a large trading area population. The CG district is intended to be

applied within urban service areas to commercial areas designated in a corresponding manner by the applicable city general plan. Multi-family housing and mixed-use residential developments are also allowed.

C.

OA Administrative/Professional Office. The purpose of the Administrative/ Professional Office district, also known as the OA district, is to provide opportunities for office space. It is intended that the administrativeprofessional office uses established in this district shall be designed and landscaped for compatibility with adjacent uses. The OA district is intended to be applied within urban service areas to areas designated in a corresponding manner by the applicable city general plan. Multi-family housing and mixed-use residential developments are also allowed.

D.

ML Light Industrial. The purpose of the Light Industrial district, also known as the ML district, is to provide for certain "heavy" commercial and "light" industrial uses which are generally incompatible with commercial areas but which perform important storage, manufacturing, or servicing functions. The uses permitted in this district are often associated with impacts such as noise and large volumes of truck traffic. The lands in this district should be located near commercial areas, near arterial traffic routes, along railroad lines, and where specialized services for the residents of the county should be grouped. Note that § 2.40.040 applies to this district.

E.

MH Heavy Industrial. The purpose of the Heavy Industrial district, also known as the MH district, is to provide for essential heavy industrial and commercial uses that are likely to impact the surrounding area. This district should be located so as to minimize adverse effects on adjoining areas. Note that § 2.40.040 applies to this district.

(Ord. No. NS-1200.384, § 6, 12-12-23)

The following table, Table 2.40-1, specifies the allowable land uses for the commercial and industrial base districts, listed by use classification as defined in Chapter 2.10. The regulations for each district are established by letter designations as follows:

Supplemental regulations for the establishment and conduct of a use are referenced in the "Supplemental Regulations" column of the table. Use classifications not listed in the table are prohibited in the commercial and industrial base districts.

TABLE 2.40-1. USES IN COMMERCIAL AND INDUSTRIAL BASE DISTRICTS

NOTES:

1.

In CG districts, limited auto rental establishments, including a business office and not more than ten cars (stock) on site at any time, are not subject to a use permit, only ASA.

2.

Facilities qualifying as "Large-Family Day Care Homes," serving between seven and 14 children, are subject to an administrative permit, per the provisions of Division B24 of the County Ordinance Code.

3.

Massage establishments shall comply with the provisions of Division B22 of the County Ordinance Code.

4.

[Reserved].

5.

Commercial/residential mixed uses are permitted in CN and CG districts subject to use permit and ASA.

6.

Expansion or replacement of legal-nonconforming residence in ML and MH districts subject to use permit, per § 4.50.060.

7.

Utility structures and facilities may be exempt from local zoning regulations if they are established by a government agency. There may also be federal or state laws that provide exemptions for certain types of utilities.

8.

Co-location of wireless telecommunication facilities may be eligible for an ASA administrative review and approval (§ 5.40.050), where consistent with the provisions of this ordinance. Where the proposed colocation meets the criteria in Government Code § 65850.6(b) relating to previously approved facilities permitted by a means of a discretionary permit issued on or after January 1 2007, and either a negative declaration, mitigated negative declaration, or environmental impact report was prepared and adopted, the co-location shall be reviewed for consistency with the approved plans, mitigation requirements, and conditions imposed on the existing facility, and if found consistent, will be subject only to a building permit or other applicable permits required by Title C of the County Ordinance Code.

9.

Established Religious Institutions and Nonprofit Institutions may include Emergency Shelters: Small-Scale as an ancillary use by right.

10.

Any use that involves the sale or onsite consumption of alcoholic beverages shall be subject to a use permit.

11.

Owner-occupancy of one unit is required in any single-family residence that contains a junior accessory dwelling unit. The owner may reside in either the single-family residence or the junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is a governmental agency, land trust, or housing organization.

12.

Development on parcels with the -os designator is restricted to multi-family housing and limited mixed-use residential development, shall conform with the provisions of Chapter 3.75, and is allowable by use permit or planning clearance pursuant to § 3.75.040.

(Ord. No. NS-1200.323, § 3, 1-29-08; Ord. No. NS-1200.324, § 6, 5-5-09; Ord. No. NS-1200.326, § 1, 8-1109; Ord. No. NS-1200.327, § 8, 2-9-10; Ord. No. NS-1200.332, § 3, 11-22-11; Ord. No. NS-1200.335, § 5, 12-4-12; Ord. No. NS-1200.337, § 6, 12-18-12; Ord. No. 1200.345, § 6, 6-10-14; Ord. No. NS-1200.347, § 2, 8-5-14; NS-1200.352, § 3, 9-29-15; Ord. No. NS-1200.354, § 4, 9-29-15; Ord. No. NS-1200.366, § 4, 5- 1-18; Ord. No. NS-1200.371, § 5, 3-10-20; Ord. No. NS-1200.384, § 7, 12-12-23)

A.

Standards. Table 2.40-2 establishes development standards for the commercial and industrial base districts. A "—" indicates there is no applicable standard or requirement.

B.

Setbacks. Setback standards in the commercial and industrial district apply only if a property is adjacent or along a street opposite from a residential district, unless a setback requirement is imposed through architecture and site approval.

TABLE 2.40-2. COMMERCIAL AND INDUSTRIAL BASE DISTRICTS

PROPERTY DEVELOPMENT STANDARDS

NOTES:

1.

Setbacks and height limits for applications subject to Architecture and Site Approval (ASA) may be modified by the Zoning Administrator with proper justification to (a) promote quality design and functionality, (b) to assure adequate buffering and compatibility with adjacent land use and development, and (c) for consistency with the general purposes of ASA.

2.

Development on parcels with the -os designator is restricted to multi-family housing and limited mixed-use residential development, shall conform with the provisions of Chapter 3.75, and is exempt from the

development standards in this table.

C.

Rules of measurement. The standards shown in Table 2.40-2 are subject to the following rules of measurement:

1.

Where a lot abuts a road, setbacks from that road shall be measured from the edge of the ultimate road right-of-way; (see "setback" definition in § 1.30.030);

2.

Setbacks from all property lines not abutting a street shall be measured from the property line unless otherwise specified; and

3.

Height shall be measured according to the provisions of Chapter 1.30: Definitions: General Terms.

(Ord. No. NS-1200.317, § 22, 6-8-04; Ord. No. NS-1200.300, § 3, 12-6-16; Ord. No. NS-1200.384, § 8, 1212-23)

§ 2.40.040. - Supplemental standards applicable to ML and MH districts.

A.

Landscaping. All required yards in the ML and MH districts shall be maintained as landscaped planting strips except for those areas used for access and parking.

B.

Outdoor storage. Outdoor storage is permitted in the ML and MH districts if the area used for storage is suitably screened from adjoining property by a wall, dense evergreen hedge of trees or other screen planting, or fence. No materials shall be stored in such manner as to project above the wall, planting or fence.

C.

Increased setback requirements adjacent to R districts. For any portion of a property in the ML or MH district adjacent to an R1, R2 or R3 district, or located along a street opposite from an R1, R2 or R3 district, building setback requirements may be increased where appropriate, as determined by the Zoning Administrator for development subject to Architecture and Site Approval (ASA).

D.

Location of off-street loading adjacent to R districts. Off-street loading areas shall not be located less than 50 feet from the boundary of any R1, R2 or R3 district in an ML district, or less than 200 feet from the boundary of any R1, R2 or R3 district adjacent to an MH district.

(Ord. No. NS-1200.359, § 4, 12-6-16)