Chapter 11.08 — COMMERCIAL AND MIXED-USE DISTRICTS

11.08.010. - Purpose.¶

The specific purpose of the commercial and mixed-use districts are to provide sufficient and convenient locations throughout the County for a full range of commercial uses, serving the needs of local areas, the larger community, and regional users and visitors.

(1)

Strengthen the County's economic base, and provide employment opportunities close to home for residents of the County and surrounding communities.

(2)

Create suitable environments for various types of commercial uses and protect them from the adverse effects of inharmonious uses.

(3)

Ensure that the appearance and effects of commercial buildings and uses are harmonious with the character of the area in which they are located.

(4)

Provide opportunities for appropriate residential development on the site of commercial development or on separate sites in certain commercial districts.

(5)

Ensure the provision of adequate off-street parking and loading facilities.

(6)

Provide sites for public and semi-public uses needed to complement commercial development or be compatible with a commercial environment.

(7)

General Commercial (GC). The purpose of the GC district is to:

a.

Strengthen the economic base of the County and to protect the County's tax revenues.

b.

Allow for full range of commercial uses including businesses not permitted in the CMX or EC districts because they have certain adverse impacts not conducive of a campus or mixed use commercial environment due to potential noise generation or outdoor operations.

c.

Provide the opportunity for light manufacturing uses that have impacts comparable to those of permitted retail and service uses to occupy space not in demand for retailing or services.

(8)

Commercial Mixed Use (CMX). The purpose of the CMX district is to:

a.

Allow for a full range of retail, service, and office uses to serve residents, workers and visitors within convenient locations throughout the County.

b.

Allow for a mixture of high density residential and commercial land uses located close to one another, either within a single building, on the same parcel, or on adjacent parcels.

c.

Include development standards to reduce reliance on the automobile within the project and to create pedestrian-oriented environments.

(9)

Neighborhood Mixed Use (NMX). The purpose of the NMX district is to:

a.

Develop neighborhoods that meet all of the daily needs of the residents in their community. Through "neighborhood centers," where each community can find naturally convenient locations to provide for activities and needs that create focal points for community interaction.

b.

Provide areas for small localized retail, eateries, office, and service businesses serving the immediate surrounding area.

c.

Allow for a mixture of residential uses and neighborhood services on a single parcel.

d.

Protect surrounding residential properties against congestion and inappropriate land use by locating neighborhood centers at or near intersections with at least one well-traveled roadway.

e.

Create standards that reduce the need to drive by providing everyday goods and services close to where people live and work, and by allowing for centers of neighborhood activity that support small, locally-owned businesses.

(10)

Downtown Core (DC). The purpose of the DC district is to:

a.

Foster economic investment by encouraging development that is consistent with the desired goal of a "smalltown downtown commercial district" feel by focusing regulatory efforts more heavily on building design and orientation.

b.

Provide development standards that will create an inviting pedestrian environment and incorporate "park-once" strategies.

c.

Focus development on commercial and mixed-use projects where residential uses are predominantly included only as an ancillary use, such as ground floor commercial and upper floor or rear of lot residential.

d.

Locate high density residential projects in appropriate locations.

(11)

Employment Center (EC). The purpose of the EC district is to:

a.

Encourage the attraction of a variety of uses including all office types, highly specialized and technological industries, research and experimental institutions, support facilities, business services, and support oriented hotels, retail and multi-family residential uses in a campus style environment.

b.

Develop performance standards to discourage offensive odors, noise, fumes, smoke, gases, dust, vibrations and other similar objectionable development impacts.

c.

Include development standards to reduce reliance on the automobile within the project and to create pedestrian-oriented environments.

(Ord. No. 1624)

11.08.020. - Land use regulations.¶

Table 11.08.020 prescribes the land use regulations for commercial and mixed-use districts. The table also notes additional use regulations that apply to various uses. Section numbers in the right hand column refer to other sections of this Code.

TABLE 11.08.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED USE DISTRICTS
Land Use Classifcation	GC	CMX	NMX	DC	EC	Additional Regulations
Residential Use Classifcations
Residential housing types (See subclassifcations below)
Duplex/two-unit	-	-	P	-	-
Multi-unit	-	M(1)	P(1)	P	M(1, 2)
Accessory dwelling unit	-	P	P	P	P	See Section 11.32.030
Junior accessory dwelling unit	-	-	P	-	-	See Section 11.32.030
Single-unit dwelling, attached	-	-	P	-	-
Family day care (See subclassifcations below)
Large	-	A(2)	A(2)	A(2)	-	See Section 11.32.120
Small	-	P(2)	P(2)	P(2)	-
Caretaker residence	P	-	-	-	-	See Section 11.32.080
Residential boarding facilities	-	-	A(2)	A(2)	-
Residential care and social service facilities (See subclassifcations below)
General (more than 10 persons)	-	-	M	M	-
General (7—10 persons)	-	-	A	A	-	See Section 11.32.250
Limited (6 or fewer persons)	-	P(2)	P(2)	P(2)	-
Single room occupancy	-	A	A	A	A	See Section 11.32.260
Home occupation	P(2)	P(2)	P(2)	P(2)	-	See Section 11.32.140

Low-barrier navigation center	-	P	P	P	P	See Section 11.32.160
Supportive and transitional housing	-	P	P	P	P	See Section 11.32.320
Public and semi-public use classifcations
Colleges/trade schools	M	M	C(5)	-	M
Community assembly	P	P	P(4)	A	M
Community garden/urban agriculture	A(5, 7)	A(5, 7)	A(5, 7)	A(5, 7)	A(5, 7)
Cultural institutions	M	P	P(4)	P	P
Outdoor and large scale cultural institutions	A	M	C(5)	-	M
Day care centers	M	P	P	P	P
Elderly/long-term care	-	P	M(5)	-	M
Emergency shelter	P	M	C(6)	-	-	See Section 11.32.100
Essential/emergency service facilities	P	A	M	M	P
Government ofces	P	P	P	P	P
Hospitals/clinics (See subclassifcations below)
Clinic	P	P	P	P	P
Hospital	C	C	-	-	C
Park and recreation facilities; public (See subclassifcations below)
Passive recreation	P	P	P	P	P
Active recreation	M	M	M	M	M
Parking: public or private	Z	Z	Z(4)	A	Z
Schools	-	M	C	-	M
Commercial Use Classifcations
Animal care: sales and services (See subclassifcations below)
Grooming	P	P	P	P	P
Pet sales and associated services	P	P	P(4)	A	P
Kennels	C	-	P(3, 5)	-	-	See Section 11.32.050
Veterinary services	P(2)	M	P(3, 5)	-	M
Banks and fnancial institutions	P	P	P	P	P
Bars and drinking establishments	P	P	A(4)	A	P
Business services	P	P	P	P	P
Drive-in and drive thru facilities (retail establishment)	P	P	P(4)	-	P	See Section 11.32.090
Entertainment and recreation (See subclassifcations below)
Indoor entertainment and recreation	P	P	P(5)	M	P
Outdoor entertainment	-	-	-	-	C
Outdoor sports and recreation	-	-	-	-	C
Temporary uses and special events						See Section 11.32.300
Food and beverage sales (See subclassifcations below)
Farmers market	Z	Z	A	A	Z	See Section 11.32.130
General grocery market	P	P	P	P	P
Liquor stores	P	P	P(4)	P	P

Food preparation	P	P	P(4)	M	P
Funeral parlors and internment services	P	A	-	-	-
Lodging (See subclassifcations below)
Bed and breakfast	-	-	P(2)	P(2)	-	See Section 11.32.150
Health resort and retreat center	P	P	P(5)	A	P
Hotels and motels	P	P	M(5)	A	P
Maintenance and repair services	P	P	P(4)	P	P
Manufactured home sales lots	M	-	-	-	-
Neighborhood services	P	P	P	P	P
Professional services (See subclassifcations below)
Business and professional	P	P	P	P	P
Medical and dental	P	P	P	P	P
Personal services (See subclassifcations below)
General	P	P	P	P	P
Instructional services	P	P	P(4)	P	P
Tattoo or body modifcation parlor	P	P	P(5)	P	P
Restaurants (See subclassifcations below)
With drive-thru	P	P	P(5)	-	P	See Sections 11.32.090 and 11.32.180
Without drive-thru	P	P	P(5)	P	P
Retail sales (See subclassifcations below)
Building materials and services	P	P	P(5)	-	P	See Section 11.32.190
Convenience retail	P	P	P	P	P
General retail	P	P	P	P	P
Large format retail	P	P	P	-	P
Nurseries and garden centers	P	P	P(5)	-	-
Vehicle sales and services (See subclassifcations below)
Rentals, sales and leasing	P	M	C(5)	M	-
Repair: major	A	-	-	-	-
Service and repair: minor	P	M	C(5)	-	-
Trucks and heavy equipment sales, service and rental	C	-	-	-	-	See Section 11.32.060
Service station	P	P	P(5)	-	P
Towing and impound	M	C	-	-	-
Washing	P	P	A(5)	-	A
Industrial use classifcations
Construction and Material Yards	-	-	-	-	-
Custom Manufacturing	P	M	C(5)	-	C
Limited Industrial	P	-	-	-	C
Recycling facilities (See subclassifcations below)
Recycling collection facility	Z	A	A	-	P	See Section 11.32.240
Recycling processing facility	M	-	-	-	-

Research and development	M	-	-	-	P
Warehousing, storage and distribution (See subclassifcations below)
Auction facilities	C	-	-	-	-
Indoor warehousing, wholesaling and distribution	C	-	-	-	-
Outdoor storage	-	-	-	-	-	See Section 11.19.070
Personal storage	-	-	-	-	-	See Section 11.32.200
Transportation, communications and utilities use classifcations
Communications facilities	See Section 11.32.300
Light feet-based services	P	M	-	-	-
Transportation passenger terminals	P	M	-	-	-
Major utilities	C	C	-	-	-
Minor utilities	M	M	C	-	M
Renewable energy systems (See subclassifcations below)
Personal solar energy system	P	P	P	P	P
Large solar generation facility	-	-	-	-	-	See Section 11.32.270
Small solar generation facility	-	-	-	-	-
Agricultural and extractive use classifcations

TABLE 11.08.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED USE DISTRICTS
Agricultural labor housing	-	-	P	-	-	See Section 11.32.040
Resource protection and restoration	P(6)	P(6)	P(6)	P(6)	P(6)
Specifc Limitations: 1. Standards for review of multifamily housing are required to be objective, in compliance with Senate Bill 35. 2. When located within an existing legally permitted residence. 3. Permitted when conducted entirely within a building. Outdoor kennels and dog runs requires approval of a Minor Conditional Use Permit. 4. For new development projects on NMX properties located outside of a mixed-use corridor as identifed in the General Plan or that do not front on an urban arterial or collector road requires approval of a Minor Conditional Use Permit. 5. Only allowed within mixed-use corridors identifed in the General Plan or properties that front on an urban arterial or collector road. 6. Copies of any easements or land development restrictions shall be submitted to the Planning Department. 7. Community Gardens/Urban Agriculture: as an interim land use on vacant property.
Key To Permit Requirements
Principally permitted use		P	Conditional use permit required			C
Zoning clearance required		Z	Surface mining permit required			SMP
Administrative use permit required		A	See numbered footnote for additional limitations			(#)
Minor conditional use permit required		M	As outlined in additional regulations section			*
			Use is not allowed			-

(Ord. No. 1624)

11.08.030. - Development regulations.

Table 11.08.030, Development Regulations—Commercial and Mixed-Use Districts, prescribes the development standards for commercial and mixed-use districts. Additional regulations are denoted in the right hand column. Section numbers in this column refer to other sections of this Code. The numbers in the "#" column refer to the numbers in Figure 11.08.030: Development Regulations—Commercial and Mixed-Use Districts.

Figure 11.08.030: Development Regulations—Commercial and Mixed-Use Districts

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TABLE 11.08.030: DEVELOPMENT REGULATIONS—COMMERCIAL AND	TABLE 11.08.030: DEVELOPMENT REGULATIONS—COMMERCIAL AND	TABLE 11.08.030: DEVELOPMENT REGULATIONS—COMMERCIAL AND	TABLE 11.08.030: DEVELOPMENT REGULATIONS—COMMERCIAL AND	MIXED USE DISTRICTS	MIXED USE DISTRICTS
Standard	GC	CMX	NMX	DC	EC	Additional Regulations	#
Lot and Density Standards
Minimum lot area (square feet)	10,000	10,000	6,000	6,000	43,560
Minimum lot width (feet)	100	100	60	60	100
Maximum foor area ratio (FAR)	0.5	1.0	1.0	1.0	1.0
Density (units/acre)	N/A	10-40 or 18-40 (A)	3-20 or 10-20 (A)	8-40 or 20-40 (A)	16-40 (A)
Building Form and Location Standards
Maximum height (ft.)	35	45(B)	35	45(B)	60(B)	11.19.050 Height Exceptions
Ground foor minimum, nonresidential u	ses
Ground foor height (ft.)	N/A	15	N/A	15	N/A
First foor ceiling height (ft.)	N/A	12	N/A	12	N/A
Minimum setbacks (ft.)
Front	5, 10 if there is no sidewalk (C)	5, 10 if there is no sidewalk (C)	5, 10 if there is no sidewalk (C)	5, 10 if there is no sidewalk (C)	50 along the perimeter of the site, 0 on interior roads	11.19.090 Setbacks and Yards
Side	0, 15 if adjacent	0, 5 if adjacent	0, 5 if adjacent	0,5 if adjacent	25 along the perimeter of the	11.19.090 Setbacks and Yards

	to R district	to R district (B)	to R district (B)	to R district (B)	site, 0 on interior roads
Rear	0, 15 adjacent to R district	5, 10 adjacent to R district (B)	5, 10 adjacent to R district (B)	5, 10 adjacent to R district (B)	25 along the perimeter of the site, 0 on interior roads	11.19.090 Setbacks and Yards
Required building area (percent of lot frontage)	N/A	N/A	N/A	50	50, applicable only on interior roads
Parking and loading standards
Parking setback from street property line (ft.)	10(D)	10(D)	10(D)	Located to side or rear of buildings (D)	40(D)	11.25 Parking and Loading
Access location	Side street or alley wherever possible
Curb cuts	Minimized and in are circulation		a least likely to impede		pedestrian
Loading/service area	Side or re	ar of lot
Open space standards
Minimum residential open space (sq. ft. per unit)	N/A	100(E)	100(E)	50E)	100(E)
Minimum public open space (percent of site)	10; applicable only to mixed-use and non-residential development on lots greater than 15,000 square feet

Additional regulations.

(a)

Density. Additional regulations pertaining to the minimum and maximum density allowed by zone district are as follows:

(1)

Commercial mixed use. When residential uses are part of a mixed use project the density range is 10-40 units per acre of portion affected. Residential only projects the density range is 18-40 units per acre.

(2)

Neighborhood mixed use. When residential uses are part of a mixed use project the density range is 3-20 units per acre of portion affected. Residential only projects the density range is 10-20 units per acre.

(3)

Downtown core. When residential uses are part of a mixed use project the density range is 8-40 units per acre. Residential only projects the density range is 20-40 units per acre.

(4)

Employment center. Residential uses are only allowed when ancillary to a primary employment use.

(5)

Reduction in minimum density requirements. A reduction in the minimum density requirement may be allowed in the NMX and DC districts when the site is already developed or the parcel is less than one acre in size, thus making it unfeasible to meet the minimum density requirement. Lower density may also be approved in the CMX, NMX, DC, and EC districts with approval of an affordable housing agreement stipulating that a minimum of 75 percent of the units will be reserved for low-income households for a minimum of 25 years.

(6)

Accessory dwelling units. Where accessory dwelling units are permitted, they do not count towards the maximum density restrictions of the zone district.

(b)

Additional height and setback requirements.

(1)

Nonresidential uses; transitional standards. Where a nonresidential use is adjacent to a residential district the following standards apply:

a.

The maximum height is:

1.

Thirty-five feet within 40 feet of a residential district;

2.

Forty-five feet within 50 feet of a residential district; and

3.

Fifty-five feet within 60 feet of a residential district.

b.

The building setback from a residential district boundary shall be 15 feet for interior side yards and 20 feet for rear yards.

Figure 11.08.030(1): Transitional Standards—Commercial and Mixed-Use Districts

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(2)

Residential uses; required side and rear yards. In order to provide light and air for residential units, the following minimum setbacks apply to any building wall containing windows and facing an interior side or rear yard:

a.

For any wall containing windows, a setback of at least five feet shall be provided.

b.

For any wall containing bedroom or living room windows, a setback of at least ten feet shall be provided.

c.

The required setbacks apply to that portion of the building wall containing and extending three feet on either side of any window.

Figure 11.08.030(2)b.: Required Side and Rear Yards—Residential Uses

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(c)

Build-to line. Buildings shall be constructed within five feet of the required setback for the percent of linear street frontage identified in Table 11.08.030. The area between the building and property line shall be paved so that it functions as a wider public sidewalk, landscaped, or improved with pedestrian amenities. This requirement may be modified or waived by the Zoning Administrator if:

(1)

Substantial landscaping is located between the build-to line and ground floor residential units to soften visual impact of buildings;

(2)

Entry courtyards, plazas, entries, or outdoor eating and display areas are located between the build-to line and building, provided that the buildings are built to the edge of the courtyard, plaza, or dining area; or

(3)

The building incorporates an alternative entrance design that creates a welcoming entry feature facing the street.

(d)

Residential open space. Residential open space may be provided as common or private open space. Private areas typically consist of balconies, decks, patios, fenced yards, and other similar areas outside the residence. Common areas typically consist of landscaped areas, walks, patios, swimming pools, barbeque areas, playgrounds, turf, or other such improvements as are appropriate to enhance the outdoor environment of the development. Landscaped courtyard entries that are oriented towards the public street which create a welcoming entry feature are also considered common areas. All areas not improved with buildings, parking, vehicular access ways, trash enclosures, and similar items shall be developed as common areas with the types of attributes described above.

(1)

Minimum dimensions. Open space shall have the following minimum dimensions in order to count toward open space requirements:

a.

Private open space. Private open space located on the ground level (e.g., yards, decks, patios) shall have no dimension less than eight feet. Private open space located above ground level (e.g., balconies) shall have no dimension less than five feet.

b.

Common open space. Minimum dimension of 25 feet.

c.

Required setbacks and walkways not counted. Required front and streetside setback areas and walkways between buildings do not count towards the minimum residential open space per unit requirements.

(2)

Usability. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dust-free surfacing. Slope shall not exceed ten percent.

(3)

Accessibility.

a.

Private open space. The space shall be accessible to only one residential unit by a doorway to a habitable room or hallway.

b.

Common open space. The space shall be accessible to the residential units on the lot.

(Ord. No. 1624)

11.08.040. - Supplemental regulations.¶

The following supplemental regulations apply to development projects within the valley growth boundary:

(1)

Maximum block length. Block lengths shall not exceed 450 feet unless a mid-block pedestrian connection is provided then block lengths of up to 600 feet are allowed. This interval does not apply to development areas that are adjacent to limited access highways, freeways, expressways or other areas where physical constraints or land use compatibility make connectivity infeasible or undesirable:

(2)

Building orientation and entrances.

a.

Buildings shall be oriented to face public streets.

b.

Building frontages should be generally parallel to streets, and the primary building entrances shall be located on a public street or public plaza.

c.

Building entrances shall be emphasized with special architectural and landscape treatments.

d.

Entrances located at corners shall generally be located at a 45 degree angle to the corner and shall have a distinct architectural treatment to animate the intersection and facilitate pedestrian flow around the corner. Different treatments may include angled or rounded corners, arches, and other architectural elements. All building and dwelling units located in the interior of a site shall have entrances from the sidewalk that are designed as an extension of the public sidewalk and connect to a public sidewalk.

e.

Entrances to residential units shall be physically separated from the entrance to the permitted commercial uses and clearly marked with a physical feature incorporated into the building or an appropriately scaled element applied to the facade.

Figure 11.08.040(2): Commercial and Mixed-Use Building Orientation and Entrances

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(3)

Building transparency; required openings for non-residential uses in the CMX, NMX, and DC districts. Exterior walls facing and within ten feet of a front or street side property line shall include windows, doors, or other openings for at least 60 percent of the building wall area in the NMX and DC districts and 40 percent in the CMX District located between three and seven feet above the level of the sidewalk. No wall may run in a continuous plane for more than 25 feet without an opening or minimum of a three foot deviation in the horizontal wall plane for a minimum distance of eight feet.

a.

Design of required openings. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.

b.

Exceptions for parking garages. Multi-level garages are not required to meet the building transparency requirement of this Subsection.

c.

Alternatives through design review. Alternatives to the building transparency requirement may be approved if the decision-making authority finds that:

1.

The proposed use has unique operational characteristics with which providing the required windows and openings is incompatible, such as in the case of a cinema or theater; and

2.

Street-facing building walls will exhibit architectural relief and detail, and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.

Figure 11.08.040(3): Commercial and Mixed-Use Building Transparency

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(4)

Pedestrian access. On-site pedestrian circulation and access must be provided according to the following standards:

a.

Internal connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to onsite automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

b.

To circulation network. Within the valley growth boundary, regular connections between on-site walkways and the public sidewalk and other planned or existing pedestrian routes shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk.

c.

To neighbors. Within the valley growth boundary, direct and convenient access shall be provided from commercial and mixed-use projects to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security.

(5)

Employment center (zone district). The 2030 General Plan identified property along the Highway 65 corridor as Employment Village to meet the future employment and housing needs of the County. The majority of the area designated as Employment Village in the General Plan is currently in agriculture or agricultural industrial uses. The employment center zone district along with the 2030 General Plan policies establish the framework to allow this area to move from agricultural to more intensive urban levels of employment. Therefore, no development may occur within the EC District or any future EC District prior to the approval of a master plan. The master plan will serve as a comprehensive program that identifies the parameters and standards for the uses, design, and maintenance of all land within the EC District. The following provisions shall be incorporated into the conditional use permit or imposed as conditions of approval:

a.

Land uses. A mix of primary land uses consistent with the allowances in Table 11.08.020: Land Use Regulations —Commercial and Mixed Use Districts. Retail, services, and workforce housing (and mixed-use with housing) may be permitted if they are ancillary to the primary employment generating uses.

Circulation system. A circulation system to form convenient and safe access to serve the primary employmentgenerating uses. Mixed-use and residential areas shall provide relatively short block lengths and continuity of streets in order to facilitate convenient pedestrian, bicycle, and vehicle movement.

(Ord. No. 1624)

CHAPTER 11.09 - INDUSTRIAL DISTRICTS