Vista Municipal Code § 18.40 C-2 Commercial Zone

18.40.089A Article II. Adult Entertainment Establishments

Section 18.40.00A Article I. General Regulations

Section 18.40.010 Permitted Uses

In a C-2 zone, the following uses are permitted:
A. All uses permitted by Section 18.38.010 are subject to the same conditions and

restrictions applicable to the uses permitted by such section. B. The following additional uses: 1. Automobile, recreation vehicle and mobile home repair garages, excluding body work or painting, except as incidental to other repair work. 2. Bakery 3. Cabinet shop 4. Carpenter shop, those involving the assembly and repair of wooden structures or their structural parts, provided all activities are conducted entirely within an enclosed building. 5. Ceramic kiln not exceeding eight cubic feet 6. Dry cleaning plant 7. Egg noodle factory 8. Ice cream manufacturing 9. Kennel or small animal clinic 10. Laundry 11. Light manufacturing using electric power not in excess of ten horsepower 12. Newspaper printing 13. Service and reconditioning of diesel engines including trucks being serviced. 14. Single-room occupancy ( SRO) hotel 15. Storage warehouse for the storage of commercial goods only and excluding therefrom the storage of automobiles, the noncommercial storage of personal effects, motor vehicles, recreational vehicles and similar items.

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16. Taxidermist
17. Technical and scientific laboratory
18. Tire recapping, incidental to retail sales, provided all recapping operation,

except temporary storage of tires, be conducted entirely within a building, and not less than 50 percent of such building be used for retail sale of merchandise. 19. Tool and equipment rental, limited to tools and equipment used by individuals for their own convenience, but not including tools or equipment ordinarily and commonly used by contractors for commercial and/or industrial purposes. 20. Tortilla factory 21. Wholesale business 22. Similar establishments, excluding the aboveground storage of petroleum and its products, upon specific approval by the Planning Commission. 23. Medical Cannabis Dispensary 24. Adult Use Cannabis Business Prior Code Appendix 1401; Ord. No. 93-7, Amended, 03/23/93; Ord. No. 2008-10, Amended, 4/8/08; Ord. No. 2012-5, Added Item 14 and renumbered, 3/27/12; Measure Z, Added, 12/11/18; Ord. No. 2021-6, Amended 6/22/21)

Section 18.40.020 Special Uses

The following uses may be permitted upon the issuance of a special use permit. In addition to the uses listed below, all uses permitted by special use permit in the C-1 zone are permitted by Special use permit in the C-2 zone unless the use is permitted by right in Section 18.40.010.B. A. Concrete batch plants, provided the capacity of the plant is no greater than two cubic yards, the use is conducted as a use incidental to an equipment rental yard or similar use, and it does not create a noise level greater than 70 dba as measured at any lot line of the lot on which the use is located. B. Massage businesses, subject to conditions which may include, but need not be limited to, the following: 1. All such businesses shall be closed between the hours of ten p.m. and seven a.m. inclusive. 2. The lot or building site of any such use shall be located no less than 2,000 linear feet from a lot or building site upon which any other such use is being conducted, and may not abut any lot or building site situated in any residential zone. 3. No food or alcoholic beverages may be sold or served on the portion of the premises exclusively devoted to the conduct of the massage business. 4. Any special use permit granted for such a use shall automatically expire one year after the date of adoption of the resolution approving the use. The special use permit may be extended for subsequent one-year periods by the Planning Commission or on appeal by the City Council, upon a showing of past compliance with conditions thereof. 5. Violation of any of these conditions shall void the special use permit. C. Automobile storage, storage garages for the noncommercial storage of personal effects, motor vehicles, recreation vehicles and similar items. D. The following outdoor storage uses, subject to conditions which may include that they are screened by walls or solid fences not less than six feet high: 1. Building material or construction equipment yard 2. Feed and grain store 3. Lumberyard 4. Recreational vehicle storage, including boats, off-road vehicles ( ORVs), campers, travel trailers, motor homes (house cars), and similar vehicles, but excluding mobile homes.

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5. Storage of commercial vehicles
   6. Top soil sale, excluding production, provided stock is kept sufficiently moist

to eliminate dust. E. Tattoo parlors subject to the following limitations: 1. No tattoo parlor shall be located within 500 feet of any public or private school, park or playground, and child care or pre-school facility, as defined in Chapter 18.84 of this code. The measurement shall be taken from the nearest wall of the building within which the tattoo parlor is established to the nearest property line of the identified land use. 2. No tattoo parlor shall be located within 1,000 feet of any other tattoo parlor, as measured from the nearest walls of the buildings within which the tattoo parlors are established. 3. The number of tattoo parlors shall not exceed one such establishment for every 40,000 persons residing within the city. F. Health facility, as defined in Health and Safety Code Section 1250, excluding correctional treatment center. Prior Code Appendix 1401; Ord. No. 93-7, Amended, 03/23/93; Ord. No. 2008-10, Amended, 4/8/08; Ord. No. 2009-3, Amended, 2/10/09; Ord. No. 2009-12, Amended, 4/14/09; Ord. No. 2012-3, Amended 2/28/12)

Section 18.40.030 Enclosed Building Required - Exceptions

In a C-2 zone, every business use shall be conducted entirely within an enclosed building,

except as modified by resolution of the Planning Commission or by the provisions of Section 18.40.010.C, except the following: A. Drive-in restaurant B. Public parking area C. Retail nursery D. Service station E. Automobile and trailer sales F. Mobile Showers G. Mobile laundry services Prior Code Appendix 1401; Ord. No. 2023-5, Amended, 2/14/23)

Section 18.40.040 Minor Uses

In a C-2 zone, the following uses are permitted, provided a minor use permit is obtained

in accordance with the provisions of this title: A. Day care and boarding of children B. Parks C. Public buildings and uses D. Radio and television transmitters E. Recreational facilities F. Repealed G. Schools H. Mobile showers I. Mobile laundry services Prior Code Appendix 1401; Ord. No. 92-16, Amended, 09/08/92; Ord. No. 2023-5, Amended, 2/14/23)

Section 18.40.050 Prohibited Uses

Prior Code Appendix 1401; Ord. No. 2015-20, Repealed 11/10/15)

Section 18.40.060 Development Standards

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In a C-2 zone: A. Permitted Floor Area. The total building floor area on a lot shall not exceed four times the square foot area of the lot. B. Permitted Building Height. No building or structure shall exceed two stories or 35 feet in height, whichever is less; provided, that if any such building or structure is constructed along or adjacent to a line bordering any property zoned for residential use, such building or structure shall be set back from the boundary of the residentially zoned property in an amount equal to the side yard required in such adjacent zone and; provided further, however, that buildings and structures of greater height may be erected if a special use permit is issued therefore in accordance with the provisions of this title. 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 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 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 area, 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-2 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.

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Prior Code Appendix 1402; Ord. No. 94-25, Amended, 10/25/94)

Section 18.40.070 Building Site Area

In a C-2 zone, there is no minimum area requirement for lots or building sites.

Prior Code Appendix 1403)

Section 18.40.080 Utilities

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 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 1404)

A. Unless the conditions described in paragraph B exist, an emergency shelter must secure an approved Special Use Permit before commencing operation. Application for the Special Use Permit and its review shall be governed by Chapter 18.74 of the Development Code. B. The requirement for an SUP described in paragraph A shall not apply if the emergency shelter beds within the City ( as determined under Government Code Section 65583(a)) fall short of the number of emergency shelter beds required by Government Code section 65583(a)(7). The determination required by this paragraph shall occur on the date the operator submits the materials required by paragraph D. C. Regardless of whether a Special Use Permit is required under paragraph A, an emergency shelter shall not open or operate unless it has demonstrated compliance with the following requirements: 1. The maximum number of homeless persons that may be served by the emergency shelter shall be 50. 2. Off-street parking shall be provided as follows: 1 per 3 beds.

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3. Interior waiting and intake area shall be located near the main entry area

and sized to accommodate and seat at least 20 persons while they wait for assistance, or one- half of the number of beds provided, if less. 4. Professional and on-site management, with experience managing emergency shelters, shall be provided at all times. 5. The emergency shelter shall be no closer than 300 feet from any other existing or approved emergency shelter. 6. The lighting for the emergency shelter shall satisfy the minimum standards that would be required of a multi-family residential project, such as illumination of exit paths that lead to a public right-of-way. 7. When in operation, the emergency shelter shall provide security in accordance with an on-site management plan created and adopted by the agency operating the shelter. D. The proposed shelter operator shall demonstrate compliance with the requirements in the preceding paragraph by providing the Zoning Administrator with a shelter plan. The shelter plan shall consist of a written description of the characteristics of the planned shelter along with preliminary plans for the existing or proposed shelter facility, including parking. The submission shall include sufficient detail for the Zoning Administrator to accurately assess whether the proposed shelter will satisfy the requirements set forth in paragraph C. Within 30 days of receiving a complete application, the Zoning Administrator shall inform the proposed operator whether the submission satisfies paragraph C. The review shall be ministerial and any approval shall not include conditions. If the Zoning Administrator determines the proposed emergency shelter fails to satisfy the requirements of paragraph C, the proposed operator shall be informed in writing of the conclusion, the reasons for the conclusion, and the facts on which the conclusion was based. E. Any emergency shelter must operate in accordance with the terms of the shelter plan approved by the Zoning Administrator, this Code, and the approved Special Use Permit, if applicable. F. Nothing in this Section, nor approval of any Special Use Permit or shelter plan, shall relieve a proposed operator from the obligation to satisfy all applicable building, zoning, environmental and other laws, regulations or ordinances that may otherwise apply to the construction, location, or operation of the emergency shelter. Ord. No. 2012-5, Added, 3/27/12)

Section 18.40.089A Article II. Adult Entertainment Establishments

Ord. No. 2001-12, Repealed, 07/10/01)

Section 18.40.090 Purpose of Provisions

Prior Code Appendix 1420; Ord. No. 2001-12, Repealed, 07/10/01)

Section 18.40.100 Definitions

Prior Code Appendix 1421; Ord. No. 2001-12, Repealed, 07/10/01)

Section 18.40.110 Establishments Permitted When

Prior Code Appendix 1421.1; Ord. No. 2001-12, Repealed, 07/10/01)

Section 18.40.120 Findings

Prior Code Appendix 1422; Ord No. 2001-12, Repealed, 07/10/01)

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Section 18.40.130 Conformance Required - Abatement When

Prior Code Appendix 1423; Ord. No. 2001-12, Repealed, 07/10/01)

Section 18.40.140 Suspension and Revocation of Permit

Prior Code Appendix 1424; Ord. No. 2001-12, Repealed, 07/10/01)

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Chapter 18.42

C-3 Commercial Zone