Simi Valley Municipal Code § 9-26.060 Commercial District Operational Standards and Use Limitations

This Chapter lists the uses of land that may be allowed within the commercial and industrial zoning districts established by Section 9-20.020 (Zoning Districts Established), determines the type of land use permit approval required for each use, and provides basic standards for site development.

(§ 5, Ord. 1085, eff. January 6, 2006)

The commercial and industrial zoning districts are intended to provide and maintain opportunities for a diversity of commercial enterprises. The purposes of the individual zoning districts and the manner in which they are applied are as follows:

A. CO (Commercial Office) district. The CO zoning district is intended to provide areas for business and professional offices, related services, and other uses compatible with and especially sensitive to the surrounding land uses.

B. CN (Commercial Neighborhood) district. The CN zoning district is intended to provide a limited range of products and services to the residents of the surrounding neighborhood. Restrictions may be placed on permitted uses, hours of operation, intensity of use, lighting and delivery hours.

C. CR (Commercial Recreation) district. The CR zoning district is intended to provide for the development of recreational, entertainment, and associated retail and service activities meant to serve primarily the needs of the local population.

D. CC (Civic Center) district. The CC zoning district is intended to provide an area devoted primarily to public facilities and supportive commercial activities, and to encourage a concentration of these facilities in a centralized location.

E. CPD (Commercial Planned Development) district. The CPD zoning district is intended to encourage the development of attractive, innovative, and efficient commercial sites containing a broad range of retail, office and service commercial uses.

F. CI (Commercial Industrial) district. The CI zoning district is intended to provide an area combining light industrial uses with commercial activities that are frequently incompatible with conventional retail or office areas.

G. RCC (Regional Commercial Center) district. The RCC zoning district is intended to designate a site for an enclosed mall anchored by two or more major department stores with intervening specialty stores.

H. BP (Business Park) district. The BP zoning district is intended to provide areas for quality industrial development, together with supportive and compatible, but not necessarily accessory retail, office, and commercial uses, in unique geographic areas. Development and performance standards for this zoning district will be developed on a case-by-case basis through a required Specific Plan to protect the unique qualities of these areas while still providing development opportunities.

I. LI (Light Industrial) district. The LI zoning district is intended to provide areas for a variety of light manufacturing, service, technical research, and related business office uses, operating under performance standards which will result in very few outside impacts.

J. GI (General Industrial) district. The GI zoning district is intended to provide areas for a broad range of manufacturing and quasi-industrial activities, while providing appropriate safeguards for adjoining industrial property, nearby nonindustrial property, and the community in general.

(§ 5, Ord. 1085, eff. January 6, 2006)

A. General requirements. Table 2-5 identifies the uses of land allowed by this Development Code in the Commercial, Industrial, Business Park Overlay, and Mixed-Use Overlay Districts, and the Land Use Permit required to establish each use, in compliance with Chapter 9-22 (Land Use Permit Requirements). Regardless of the permit requirement established by Table 2-5, Planned Development Permit approval (Section 9-52.050) is also required for all new construction.

Note: Where the last column in the tables ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Development Code may also apply.

B. RCC and BP districts. Allowable land uses within the RCC and BP zoning districts shall be determined by the applicable Specific Plan.

C. Specific Plan (SP) Land Use Designations and Zoning Districts: Allowable land uses within Specific Plans shall be determined by the applicable specific plan, except that commercial nonmedicinal and medicinal cannabis uses, operations, and activities, including cultivation, dispensaries, distribution, deliveries, manufacturing, processing, microbusinesses, storing, laboratory testing, packaging, labeling, and transportation facilities or uses are prohibited in the City (refer to Chapter 5-41 for Nonmedicinal and Medicinal Cannabis Standards).

Notes:

(1) See Article 8 for land use definitions. All commercial nonmedicinal or medicinal cannabis, and industrial hemp uses, operations, and activities, including collectives and cooperatives are prohibited (refer to Chapter 5-41 for Nonmedicinal and Medicinal Cannabis Standards).

(2) A Planned Development Permit (Section 9-52.050) is also required prior to any construction.

(3) See Section 9-10.070(B) for industrial district land use limitations.

(4) May require a CUP depending on location (see Section 9-44.040).

(5) Allowed if located within the Sexually Oriented Business Overlay District, with the approval of a sexually oriented business site plan review application and a zoning clearance. Refer to Chapter 5-41 Nonmedicinal and Medicinal Cannabis Standards.

(6) Administrative Conditional Use Permit.

(7) Wireless Telecommunications Facilities shall not be subject to the CUP requirement for Telecommunications Facilities, as set forth in the above Table, and instead shall be subject to the permit requirements of Chapter 35 of Title 5 of the Simi Valley Municipal Code.

(8) Must be located on a property that does not abut a primary or secondary arterial street as defined by Appendix D of the General Plan.

(9) Overlay District.

(10) For Massage-related regulations, including separation, see SVMC Chapter 5-15.

(11) Outdoor dining areas within 50 feet of a residential zone will require an Administrative Action or Conditional Use Permit with a public hearing.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 4, Ord. 1098, eff. September 28, 2006, § 1, Ord. 1103, eff. November 23, 2006, § 4, Ord. 1107, February 9, 2007, § 2, Ord. 1110, eff. April 6, 2007, § 2, Ord. 1120, eff. December 20, 2007; Exh. A, Ord. 1147, eff. August 20, 2009; § 3 (Exh. B), Ord. No. 1193, eff. July 19, 2012; § 2 (Exh. A), Ord. No. 1221, eff. February 13, 2014; § 2 (Exh. A), Ord. No. 1227, eff. May 29, 2015; § 2 (Exh. A) Ord. 1255, eff. April 14, 2016; § 4(Exh. A), Ord. No. 1270, eff. May 25, 2017; § 5 (Exh. A), Ord. No. 1279, eff. October 30, 2017; and § 5 (Exh. A) Ord. No. 1280, eff. December 14, 2017; § 2 (Exh. A), Ord. No. 1287, eff. April 5, 2018; § 2(Exh. A), Ord. No. 1315, eff. October 19, 2020; § 2(Exh. A), Ord. No. 1316, eff. December 3, 2020; § 2 (Exh. A), Ord. No. 1323, eff. August 26, 2021; § 2(Exh. A), Ord. No. 1327, eff. November 11, 2021; § 2(Exh. A), Ord. No. 1328, eff. November 11, 2021 and § 2(Exh. A), Ord. No. 1341, eff. July 14, 2022)

A. CO, CN, CR, CC, CPD, CI, LI, and GI Zoning Districts and BP Overlay District. 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 those in Sections 9-26.050 and 9-26.060 as applicable, and the applicable development standards (e.g., landscaping, parking, loading, etc.) in Article 3 (Development and Operational Standards).

B. RCC and BP districts. Development standards for projects proposed within the RCC and BP districts shall be determined by the applicable specific plan.

TABLE 2-6 - COMMERCIAL AND INDUSTRIAL DISTRICT GENERAL DEVELOPMENT STANDARDS

TABLE 2-6 - COMMERCIAL AND INDUSTRIAL DISTRICT GENERAL DEVELOPMENT STANDARDS - Continued

(§ 5, Ord. 1085, eff. January 6, 2006 as amended by § 3 (Exh. B), Ord. No. 1193, eff. July 19, 2012)

The height limits established for certain zoning district by Table 2-6 may be modified in compliance with this Section. See also Section 9-30.060 (Height Limits and Exceptions) for additional exceptions applicable to all zoning districts.

A. Principal structure in the CO, CPD, or Industrial Zones - GI, LI, and CI. A multi-story structure exceeding 48 feet or three stories in height, measured as defined by the California Administrative Code Title 19, shall comply with all of the following standards:

1. Fire safety provisions. The structure shall be equipped with a Fire Department communication system and an automatic fire sprinkler system.

2. Helistop. A helistop shall be provided on a structure that exceeds 75 feet in height.

3. Setback requirements. Independent front, rear, internal, and side yards shall be provided, each with a minimum depth equal to the structure height. The Commission may deviate from these setback standards through the Conditional Use Permit process subject to making appropriate findings relating to either Subsection (A)(3)(a) or (b), below. When deviation from setback requirements is based upon a finding under either Subsection (A)(3)(a) or (b), below, the setback directly related to the finding shall be varied. For example, if the finding is based upon the proximity of the structure to the freeway, only the setback from the freeway may be modified. Other applicable rear, front or side yards with minimum depth equal to the structure height shall apply:

a. Deviations from setback requirements may be allowed because of proximity of the structure to the Simi Valley-San Fernando Valley Freeway or another commercial/industrial building;

b. Deviations from setback requirements may be allowed because of an unusual lot configuration if one of the following findings is made:

(1) Strict application of the setback requirements applicable to structures that exceed 48 feet or exceeding three stories is not possible due to the size or shape of the lot, however the structure has been designed so that the underlying purposes of the setback requirement, i.e., effect on neighboring structures with respect to light, shadows, visibility, solar energy, ventilation, air, noise, safety or privacy, have been satisfied.

(2) A lot configuration that is such that compliance with the setback standards would result in the owner of the property being unable to make a reasonable use of his property in the manner and for the purposes which other property of like character in the same vicinity and zone can be used.

4. Traffic Study. A site specific traffic study evaluating traffic impacts of the development on the surrounding street system shall be submitted. The study shall include daily and peak hour traffic generation characteristics of the proposed development, turning movement and peak directional traffic projections, and a traffic volume to roadway capacity comparison at the current traffic level and at traffic levels associated with ultimate General Plan development. The study shall also include potential mitigation measures for projected traffic service levels lower than desirable levels of traffic service.

B. Principal structures in all zones other than CO, CN, and CPD. A proposed structure may exceed the height limits required by Table 2-6 for a commercial zoning district other than CO, CN, or CPD with Conditional Use Permit approval. To grant the permit, the Commission shall first find that additional height will be compatible with surrounding land uses, and the General Plan and not adversely impact the health, safety or welfare of surrounding property owners.

C. Accessory structures in all zones associated with outdoor dining areas for restaurants and food retailers. Outdoor dining areas shall comply with the following standards:

1. Patios for outdoor dining areas associated with restaurants and food retailers may encroach into required setbacks by up to 50 percent as long as the landscaping requirements laid out in SVMC 9-33.030 are met, except where these setbacks are directly adjacent to residential zones. The use of landscape planters, additional detailing and architectural enhancements will be required, as approved by the Director.

2. Unroofed outdoor dining areas may encroach into required setbacks areas as long as the landscaping requirements laid out in SVMC 9-33.030 are met, except where these setbacks are directly adjacent to residential zones. The use of landscape planters, additional detailing and architectural enhancements will be required as approved by the Director.

(§ 5, Ord. 1085, eff. January 6, 2006; § 3 (Exh. A), Ord. No. 1248, eff. November 12, 2015 and § 2(Exh. A), Ord. No. 1327, eff. November 11, 2021)

A. Standards for all commercial zoning districts.

1. Enclosed building requirements. All uses shall be conducted within a completely enclosed building, unless the use:

a. Is specifically listed in Table 2-5 as an outdoor use;

b. Must be located outdoors due to safety, health, or welfare requirements; or

c. Is specifically approved by a Planned Development Permit or Conditional Use Permit.

2. Open storage, rear half of the site. Within the CR, CPD, and CI zones, the open storage of materials or equipment shall be permitted only when incidental to the permitted use on the site; provided that the storage shall be located in the rear half of the site. The storage area shall be screened in compliance with Section 9-44.110 (Outdoor Storage).

3. Processing. Except in the CI zone and for the alcoholic beverage manufacturing facilities, not more than five employees shall be involved in the permitted manufacturing, processing, or packaging of product. These activities shall be permitted in commercial zones only as an accessory use to a principal use.

4. Retail establishments. Retail establishments may include accessory wholesaling, but not wholesale distribution centers.

5. Shopping carts. Shopping carts shall be stored within the retail building, provided that any proposal to store shopping carts outside shall comply with the following:

a. The carts shall be stored adjacent to the exterior building wall and be completely screened. For a retrofit project, if the carts are to be stored away from the building to allow pedestrian passage between the building wall and the carts, walls shall enclose and screen the in-line shopping carts.

b. Screening shall be accomplished by a wall a minimum of 42 inches high, or a wall and a planter combination a minimum of 42 inches high. The screening shall be architecturally compatible with the retail building.

B. CC zoning district standards.

1. Procedure. No use shall be established or structure constructed in the CC zone unless the use or structure has been approved by the Council through the issuance of a Civic Center Development Permit, which shall be subject to the same procedures as a Conditional Use Permit (Section 9-52.070).

2. Fees. Each application for a Civic Center Development Permit shall be accompanied by the fee required by the Council's Fee Resolution; provided that no fee shall be required for any application filed on behalf of the City or a joint powers authority of which the City is part.

C. CI zoning district use limitations. Uses involving the following types of activities and elements are prohibited within the CI zoning district:

1. Outdoor storage of materials or equipment as a principal or accessory use, except as provided by an approved Planned Development Permit or Conditional Use Permit;

2. Explosives in any form; and

3. Noxious or dangerous gases, odors, fumes or smoke.

D. Minimum site area for multi-tenant retail centers. The establishment of a retail center with more than one store, shop, business, or service on a site of one-acre or smaller is prohibited. Minimum site area shall be measured before the site dimensions are reduced through any right-of-way or easement dedications required in connection with a building permit.

(§ 5, Ord. 1085, eff. January 6, 2006 and § 2(Exh. A), Ord. No. 1328, eff. November 11, 2021)

A. Industrial performance standards. The following industrial performance standards describe the maximum allowable levels of the operational characteristics resulting from processes or other uses of property. Continuous compliance with these standards shall be required of all uses in all industrial zones, except as otherwise provided by this Section.

1. Guidelines for objectionable factors. The following should be maintained at levels that are appropriate for the zone and geographic area when its use is in its intended operation.

a. Smoke, odors, vapors, gases, acids, fumes, dust, dirt, fly ash, or other forms of air pollution;

b. Noise, vibration, pulsations, or similar phenomena;

c. Glare or heat;

d. Radioactivity or electrical disturbance.

The point of measurement for these factors should be at the lot or ownership line surrounding the use.

2. Hazardous materials. All activities involving the use or storage of combustible, explosive, caustic or otherwise hazardous materials shall comply with all applicable State and Federal safety devices against the hazard of fire and explosion, and adequate firefighting and fire suppression equipment in compliance with Ventura County Fire Protection District Regulations. The burning of waste materials in open fires without written approval of the Fire District is prohibited.

3. Liquid and solid wastes. Liquid or solid wastes discharged from the premises shall be properly treated prior to discharge so as not to contaminate or pollute any watercourse or groundwater supply or interfere with bacterial processes in sewage treatment. The disposal or dumping of solid wastes, such as slag, paper and fiber wastes, or other industrial wastes shall not be permitted on any premises.

4. Exceptions. Exceptions to these regulations may be made during brief periods for reasonable cause, such as breakdown or overhaul of equipment, modification or cleaning of equipment, or other similar reason, when it is evident that such cause was not reasonably preventable. These regulations shall not apply to the operation of motor vehicles or other transportation equipment unless otherwise specified.

B. Industrial district land use limitations. The following activities are limited as shown.

TABLE 2-7. INDUSTRIAL DISTRICT LAND USE LIMITATIONS

C. Industrial development standards. The following standards apply in addition to all applicable provisions of this Chapter and Article 3, and shall apply to proposed development in all industrial zones, except as otherwise provided in these regulations:

1. Architectural treatment. All sides of industrial buildings shall be architecturally treated to produce an aesthetically pleasing facade which is of a design compatible with surrounding industrial buildings and the character of the community.

2. Enclosed building requirements. All uses shall be conducted within a completely enclosed building, unless the use is specifically listed in Section 9-26.030 (Commercial and Industrial District Land Uses and Permit Requirements) as an outdoor use, is one which must be located outdoors due to safety, health or welfare requirements, or is specifically approved by a Planned Development or Conditional Use Permit.

3. Trash enclosures. Each project shall contain a sufficient number of enclosures to screen bins for collection of discards pursuant to the provisions of Chapter 9-35 (Recyclable Material and Discard Collection Containers and Facilities).

D. BP zone. The regulations for the BP zone will be developed as part of the applicable specific plan. No specific plan shall be approved unless it addresses the applicable items in this Section.

1. Enclosure required. Activities and operations shall be enclosed within buildings, except as otherwise permitted. The Director is authorized to determine the reasonable application of this provision in cases of operation hardship or other showing of special circumstances.

2. Multi-tenant building design. Multi-tenant buildings are permitted, provided that the building is designed to appear as a single building with a unified design.

E. LI zone. The following regulations shall apply to the LI zone:

1. Enclosure required. Activities and operations shall be enclosed within buildings, except as otherwise permitted in this Development Code.

2. Multi-tenant building design. Multi-tenant buildings are discouraged but may be permitted, provided that the building is designed to appear as a single building with a unified design when viewed from any public street.

3. Metal buildings. Principal buildings constructed of metal shall require review and approval by the Commission. Accessory buildings of metal shall have exterior surfaces of a stainless steel, aluminum, painted, baked enamel or similarly finished surface.

4. Storage.

a. Accessory outside storage shall be confined to the rear of the principal building or the rear two-thirds of the property, whichever is the more restrictive, and screened from view from any property line by appropriate walls, fencing, earth mounds or landscaping. Whenever an industrially zoned parcel adjoins a residentially zoned parcel, outside storage shall be located farthest from the residentially zoned property. (Refer to Section 9-44.110(B) for Outdoor Storage Standards.)

b. Storage areas, including those for all hazardous wastes, shall be located within a secure facility or container. Areas used for the storage of hazardous materials shall be concrete with an impermeable sealed surface, surrounded by a berm to form an area of secondary containment large enough to capture the storage capacity of the largest container.

5. Retail sales and services.

a. Where allowed. Retail sales and service uses incidental to a principal use are allowed provided that:

(1) The operations are housed as a part of the building or buildings comprising the basic operations;

(2) Retail sales represent less than 20 percent of the gross receipts of the company, except for alcoholic beverage manufacturing facilities as referenced under SVMC Section 9-44.085. Receipts and/or other proof of the percentage of gross receipts shall be provided to the City upon request.

(3) No retail sales or display of merchandise occurs outside of the building; and

(4) The retail products sold on the site are manufactured, warehoused, or assembled on the premises.

b. Conditional Use Permit required.

(1) Conditional Use Permit approval shall be required when retail sales and service incidental to a principally permitted use that conforms to all the standards of this Subsection represent more than 20 percent but less than 50 percent of the gross receipts of the business. Receipts and/or other proof of the percentage of gross receipts shall be provided to the City upon request.

(2) The Commission may grant CUP approval when it finds that the retail use is compatible with surrounding land uses and appropriate to the intent of the industrial zone. Parking as required by Chapter 9-34 (Parking and Loading Standards) shall be provided for the area devoted to retail sales in addition to the parking required for the industrial activity.

F. GI zone. The following regulations shall apply to the GI zone, in addition to those provided in Subsection E, above, for the LI zone.

Retail sales and services. Retail sales and service incidental to a principal use shall comply with the requirements of Subsection (E)(5), above.

(§ 5, Ord. 1085, eff. January 6, 2006 and § 2(Exh. A), Ord. No. 1328, eff. November 11, 2021)