Vista Municipal Code § 18.38 C-1 Commercial Zone

Section 18.38.010 Permitted Uses

In a C-1 zone, the following uses are permitted:
A. Agricultural stand. One agricultural stand for the display and sale of only those

agricultural products produced on the premises subject to the following conditions: 1. Such stand shall not exceed 100 square feet in area. 2. No such stand shall be located closer than 20 feet to any street line. 3. No such stand shall be located on any parcel or lot less than one-half acre in area. B. Appliance, radio and television repair shop C. Automobile detailing, limited to the cleaning and polishing of automobiles passenger vehicles), but excluding automobile washing (wash only services), auto body repair or painting, or other automotive services not permitted by the zoning district regulations. D. Aviary E. Bakery for the production of bakery goods which are sold only at retail and only on the same premises where the bakery is located. F. Bank G. Barbershop H. Beauty parlor I. Bowling alley J. Business college K. Dancehall L. Department store M. Dry cleaning plants using nonflammable solvents of the chlorinated hydrocarbon type and employing not more than ten people. N. Fortune telling O. Frozen food locker P. Furniture finishing, consisting of removing old finishes from furniture, staining and applying new finishes. Q. Health clubs and gymnasiums R. Job printing S. Key making T. Large recycling collection facilities subject to a standard or modified site development plan pursuant to Sections 18.64.020 through 18.64.040. U. Laundry, self-service V. Laundry and dry cleaning agency W. Mortuary

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X. Motor vehicle (new) sales facility, subject to the limitation set forth in this chapter Y. Museums and libraries not operated for profit Z. Pet shop AA. Post office BB. Public parking area CC. Plumbing shop, retail DD. Professional or business office EE. Radio broadcasting offices and studios, exclusive of transmission or receiving antennas or towers. FF. Rental/leasing of motor vehicles other than in a vehicle sales lot. Only passenger vehicles, with the exception of house cars ( as defined by Sections 465 and 362, respectively, of the Vehicle Code of the state), may be stored/parked on the site without obtaining a Minor Use Permit. GG. Restaurant HH. Shoe repair, tailor or dressmaking shop, retail II. Skating rink JJ. Small recycling collection facilities located outdoors, subject to a minor site development plan pursuant to Section 18.64.060. KK. Stores for the retail sale of new goods or genuine antiques LL. Telephone and telegraph office MM. Theater NN. Tool rentals OO. Upholstering or drapery shop, retail PP. Similar establishments, not specified as permitted uses only in the C-2 zone, which cater directly to consumers, upon specific approval by the Planning Commission. QQ. Medical Cannabis Dispensary RR. Adult Use Cannabis Business Prior Code Appendix A 1301; Ord. No. 1995-4, Amended, 03/28/95; Ord. No. 2009-3, Amended, 02/10/09; Measure Z, Added, 12/11/18; Ord. No. 2021-6, Amended, 6/22/21)

Section 18.38.020 Special Uses

In a C-1 zone, the following uses may be permitted upon the granting of a special use

permit in accordance with Chapter 18.74: 1. Transient trailer parks on property having a minimum net area of five acres. 2. Small animal clinics 3. Soft water service and processing 4. Tire recapping business 5. Tortilla factory 6. Car wash 7. Liquid gas, retail sales 8. Service station 9. Borrow pits and quarries for rock, sand, gravel, decomposed granite or soil. 10. Cemeteries, upon the issuance of a permit pursuant to City ordinance 11. Columbariums and mausoleums outside a cemetery 12. Establishments or enterprises involving large assemblages of people or automobiles such as: a. Open-air theaters b. Commercial sport or recreational enterprises

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13. Bar or Cocktail Lounge. Bar or cocktail lounge facilities may be permitted

subject to the specified criteria and regulations and such other conditions as may be levied as a condition of granting a special use permit: a. Such facilities that currently operate within the corporate limits of the city shall be classified as nonconforming land uses upon the effective date of the ordinance codified in this section. b. Such facilities as may be subject to annexation subsequent to the effective date of the ordinance codified in this section shall be classified as nonconforming land uses upon the effective date of the applicable annexation. c. All nonconforming bars may continue to operate under nonconforming provisions of Chapter 18.72; however, upon receipt of evidence that the operation of any bar, or the nonconforming features of any bar (e.g., lack of parking), is causing a nuisance to the area in which such bar is located, the City Council is authorized to hold a hearing, with notice as prescribed in Section 18.04.060 (A). The purpose of the hearing shall be to accept testimony for the purpose of determining whether or not the operation of the bar is creating a public nuisance. At the conclusion of the public hearing, the City Council shall determine whether or not a nuisance exists. If the Council determines a public nuisance does exist, the Council shall then determine what action is necessary to abate the nuisance and to establish a reasonable period of time for such abatement to occur. d. No new bar or existing facility that has been inoperable ( vacant) for a period exceeding six months shall be established or reestablished, whichever is applicable, within 500 feet of a church, school ( public or private), youth-oriented institutional activity or another established bar. 14. Deleted 15. Hotel 16. Motel or auto court 17. Convenience markets - repealed 18. Hospitals, as defined in Sections 18.02.340 and 18.02.345 19. Motor vehicle (used) sales facility 20. Rental/leasing of motor vehicles and trailers other than in a motor vehicle new) sales facility where the activity is an ancillary use on a site containing another use which is considered the primary use ( e.g., automobile service station or other retail sales or service activity) and such use would result in an intensification of the primary use(s) on the site. Such rentals may include commercial vehicles, recreational vehicles ( house cars) or trailers when specified by the use permit. 21. Repealed 22. a. The sale of alcoholic beverages, which requires an Alcoholic Beverage Control License Type No. 20 (“ offsale beer and wine”) and Type No. 21 (“ offsale general”). It is the intent of the City Council that the regulations of this subsection shall apply to all sales of alcoholic beverages for which Alcoholic Beverage Control License Types Nos. 20 and 21 are required in the City. b. This subsection shall take precedence where there is any conflict with any other zoning district regulation. This subsection is not intended to allow the sale of alcoholic beverages where it is otherwise prohibited. 23. In order to provide maintenance supervision and security protection for commercial and industrial structures, and not to create residential uses on commercial and industrial zoned property for purposes unrelated to the principal use of such property, not more than one residential facility of not more than 700 square feet in gross floor area for each lot or building site for caretaker living purposes may be permitted if it is constructed concurrently with or after and as an integral part of a nonresidential principal structure, and is incidental, adjunct and subordinate to such structure; provided, that:

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a. Such caretaker facility shall be provided with not less than one motor vehicle parking space in addition to any such spaces required for the principal structure, which such space may be uncovered. b. The lot or building site contains not less than two acres, and no variance granted pursuant to Chapter 18.74 may allow such a facility on a lot or building site of less than one acre. c. A notice of land use restriction shall be recorded in the Office of the County Recorder giving notice that construction and use of a caretaker facility on such property is pursuant to a Special use permit issued by the City for a limited time, and that such use may not be continued after termination of the Special use permit or after termination of the use of the principal structure as provided for in the Special use permit. d. Termination of the use of the principal structure as provided for in the Special use permit nullifies and makes void the Special use permit and the use of the caretaker facility for caretaker or other residential purposes. e. The Special use permit shall be limited to a period of five years, but is renewable for separate additional five-year periods upon a finding for each such additional period that the principal structure and caretaker facility is being used in accordance with the terms of the Special use permit and this subsection. 24. Drive-in facilities which are part of a building or structure and connected to a use permitted within the zone district where situated. 25. Automobile, recreation vehicle and mobile home repair garages, excluding body work or painting, except as incidental to other repair work. 26. Commercial coaches. 27. Recreation uses employing the use of amusement devices when either: a. The use comprises more than five percent of the net usable floor area of any establishment. b. Over five electronic or pinball devices are established, over four pool or billiard tables are established, over three other coin-operated devices maintained for the use of five or fewer persons per machine are established, or over any nine amusement devices using a combination of the above are established, if less than five percent of the floor area of any enterprise is utilized. 28. Bail bond business 29. Bargain basement store 30. Check casher 31. Hiring hall and/or labor center 32. Pawn shop 33. Smoke shop 34. One emergency shelter within the entire zone, not to exceed 50 beds in total. 35. Residential care facility for the elderly, as defined in Health and Safety Code Section 1569.2(k) 36. Rehabilitative mental health services facility. Prior Code Appendix A 1301; Ord. No. 1990-24, Amended, 06/25/90; Ord. No. 1991-17, Amended, 07/09/91; Ord. No. 1995-4, Amended, 03/28/95; Ord. No. 1997-5, Amended, 03/25/97; Ord. No. 2009-3, Amended, 2/10/09; Ord. No. 2009-12, Amended, 4/14/09; Ord. No. 2012-5, Deleted Item 14, 3/23/2012; Ord. No. 2012-11, Amended, 10/2/12; Ord. No. 2015-4, Amended 3/10/15; Ord. No. 2020-1, Amended, 1/14/20; Ord. No. 2020-14, Amended, 12/8/20)

Section 18.38.030 Minor Uses

In a C-1 zone, the following uses are permitted, provided a Minor Use Permit is obtained

in accordance with the provisions of this title:

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A. Agricultural Stand. One stand for the display and sale of agricultural products produced on the premises or grown elsewhere in the community subject to the following conditions: 1. Such stand shall not exceed 100 square feet in area. 2. No such stand shall be located closer than 20 feet to any street line. 3. No such stand shall be located on any parcel less than one-half acre in area. 4. All permitted products shall be specified in the use permit. B. Day care and boarding of children C. Parks D. Public buildings and uses E. Radio and television transmitters F. Recreational facilities G. A church, club or lodge in the C-1 zone may be approved by the Minor Use Permit procedure if the church, club or lodge meets the following requirements: 1. It is located in an existing building. 2. There is sufficient on-site parking to accommodate the use. 3. It occupies no more than 60 percent of the floor area of the building, or has a membership of a maximum of 100. All other churches, clubs or lodges not meeting the preceding requirements in this zone may be approved only by the special use permit procedure. H. Schools. I. Day spa. J. Outdoor cooking facilities subject to the following conditions: 1. No such facilities shall be located within 300 feet of any residentially zoned property. 2. No such facilities shall occupy parking spaces that are required to serve the use in accordance with Chapter 18.54. 3. Any such facility shall be operated in compliance with all applicable laws, including, without limitation, the fire code and building code requirements related thereto. 4. All necessary permits and approvals shall be obtained from the San Diego County Department of Public Health. 5. Any and all solid waste material produced as a result of outdoor cooking shall be properly deposited in an on-site refuse collection area in accordance with regulations set forth in Chapter 13.16 of the Vista Municipal Code. 6. Any proposed signs associated with such facilities shall be submitted for review as part of the minor use permit process. K. Mobile Showers L. Mobile laundry services Prior Code Appendix A 1301; Ord. No. 1992-16, Amended, 09/08/92; Ord. No. 1995-4, Amended, 03/28/95; Ord. No. 2009-3, Amended, 2/10/09; Ord. No. 2009-6, Amended, 2/24/96; Ord. No. 2012-12, Amended, 10/9/12; Ord. No. 2023-5, Amended, 2/14/23)

Section 18.38.040 Prohibited Uses

Prior Code Appendix A 1301; Ord. No. 2015-4, Amended, 3/10/15; Ord. No. 2015-20, Repealed 11/10/15)

Section 18.38.050 Limitations on Use

Notwithstanding the fact that the following uses are permitted uses in a C-1 zone

pursuant to Section 18.38.010, uses listed in this section are subject to the following conditions

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and limitations: A. Every use shall be conducted entirely within an enclosed building except the following: 1. Motor vehicle or trailer sales display areas ( all detailing, service and repair activities shall be conducted entirely within an enclosed building) 2. Automobile service station fuel-dispensing facilities 3. Drive-in restaurant 4. Public parking area 5. Retail nursery 6. Outdoor eating facilities subject to “C” below 7. Mobile showers 8. Mobile laundry services B. Any display area for the sale of new or used motor vehicles or trailers shall be landscaped in accordance with the provisions of Section 18.38.030 and paved in accordance with the provisions of Section 18.54.120 (H); and the use of features/devices to elevate vehicles above the average grade of the site for display purposes shall be limited to the use of landscaped earthen berms or mounds, or permanent structures designed so as to be architecturally compatible with existing structures or buildings on the project site and/or adjacent thereto. The use of temporary structures and/or devices for such purposes is specifically prohibited. C. Outdoor eating facilities are subject to the following: 1. For purposes of this section, outdoor eating facilities means any eating facility outside an enclosed building. 2. Parking must be provided for any outdoor eating facility at the same rate as for indoor dining. All areas used for outdoor dining shall be included in the parking requirement. 3. Approval of the outdoor eating facility shall include approval of a procedure for noise regulation and trash pick-up to ensure that no trash is placed outside the restaurant and that noise levels are within applicable exterior noise limits as set forth in the entirety of Chapter 8.32 (Noise Control) of the City Municipal Code. 4. Approval of an outdoor eating facility shall be subject to the provisions of Section 18.64.030, unless it is part of a project requiring a special or minor use permit in which case approval of the facility will be part of that procedure. 5. The subject outdoor eating facility shall be approved by the San Diego County Department of Public Health. Prior Code Appendix A 1302; Ord. No. 1992-16, Amended, 09/08/92; Ord. No. 2020-1, Amended, 01/14/20; Ord. No. 2023-5, Amended, 2/14/23)

Section 18.38.060 Development Standards

In a C-1 zone: A. Permitted Floor Area. The total building floor area on a lot shall not exceed the square foot area of the lot. B. Permitted Building Height. No building or structure shall exceed a height of two stories or 35 feet, whichever is less; provided, however, that where any such building or structure is constructed along or adjacent to a line bordering any property zoned for residential or residential professional use, such building or structure shall be set back from the boundary of the residential or residential professional property in an amount equal to the side yard required in the adjacent residential or residential-professional zone. C. Permitted Site Coverage. Buildings may cover any area not required by this title for setbacks, landscaping or parking. Any area of the lot not covered by buildings shall be paved

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or landscaped. D. Yard Requirements. No building wall, as defined in the building code, shall be closer than three and one-half feet to any street line; provided, however, that where a common property line exists with other property zoned for residential or residential- professional use, a five-foot side yard setback shall be maintained for a distance of 15 feet from the street line and no open side shall be closer than 40 feet to any such common property line. E. Landscaping Requirements. 1. Boundary landscaping shall be planted and maintained along all street lines abutting the property except for the area required for street access. The width of the landscaping shall be a minimum of three feet except that such landscaping may be curved at a lesser width within six feet of any street accessway. Such landscaping shall be enclosed by a six-inch-wide concrete curbing, except where adjacent to a building, and provided with permanent watering facilities. Landscaping shall not be more than three feet high within 15 feet of either side of any street accessway. 2. In addition, at least five percent of any parking area shall be landscaped, reasonably distributed throughout such parking areas, and shall be provided with permanent watering facilities. F. Screening Requirements. 1. On any exterior boundary line which is a common property line with any property zoned for residential use, a masonry wall six feet in height, measured from the finished grade of the residential property, shall be provided except that any portion of such wall within 15 feet of any street line shall be no greater than three feet in height. In cases where the finished building site elevation of adjoining residential zoned property is more than six feet above or below that of the adjoining C-1 zoned property, the required masonry wall may be reduced in height or waived by the Planning Director to the extent it is reasonably found not to serve any useful screening purpose. 2. Refuse Collection and Storage. a. All developments shall provide a central location(s) for the collection and storage of refuse. Existing developments will be subject to these requirements as provided for by Section 18.58.590 of this code. b. Areas designated for the collection and storage of solid waste material shall conform with the provisions of Section 18.58.590 of this code. 3. All mechanical equipment, including ducting, whether at ground or rooftop level, shall be contained in a completely enclosed structure. All wall air conditioner units shall be blocked from view with material that is reasonably compatible and in harmony with the architectural styling and detailing of the building. G. Lighting. All lighting of buildings, landscaping, parking areas and other facilities shall be hooded and directed to reflect away from adjoining properties. Prior Code Appendix A 1303; Ord. No. 1994-25, Amended, 10/25/94; Ord. No. 2017-17, Amended, 10/24/17)

Section 18.38.070 Building Site Area

In a C-1 zone, there is no minimum area requirement for lots or building sites.

Prior Code Appendix A 1304)

Section 18.38.080 Utilities

In the C-1 zone:
A. 1. All new and existing utility distribution facilities, including cable television

lines, within the boundaries of any lot or building site where a building permit is requested or within any half-street abutting such lot or building site shall be placed underground, except with

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regard to a building permit for improvements less than 25 percent of the value of the existing building, as to existing facilities. 2. The permittee is responsible for complying with the requirements of this section, and he shall make the necessary arrangements with each of the serving utilities, including licensed cable television operators, for the installation of such facilities. 3. Transformers, terminal boxes, meter cabinets, pedestals, concealed duct, and other facilities necessarily appurtenant to such underground utilities and street lighting systems may be placed above ground. B. The provisions of this section shall not apply to the installation and maintenance of overhead electric transmission lines in excess of 34,500 volts and long distance and trunk communications facilities. C. The installation of cable television lines may be waived when, in the opinion of the Director of Planning, no licensed cable television operator is found to be willing and able to install cable television lines in the subdivision. D. 1. When there is less than 600 feet of line requiring conversion, an in-lieu fee may be applied if approved by the Public Works Director. The fee will be established on a cost-per-foot basis using a typical 600 foot project of feeder circuit or local distribution circuit. 2. In-lieu fees shall be deposited in a special undergrounding account to be used as approved by the City Council for future undergrounding of utilities. 3. This subsection may be applied to building permits existing on the effective date of the ordinance codified in this section at any time before certificate of occupancy is granted. Prior Code Appendix A 1305)

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Chapter 18.40

C-2 Commercial Zone

Sections:

18.40.00A Article I. General Regulations