Chapter 30.52
"C1" NEIGHBORHOOD
COMMERCIAL ZONE
30.52.010 Description and purpose.
30.52.020 Permitted primary uses and structures.
30.52.030 Permitted accessory uses and structures.
30.52.040 Permitted temporary uses and structures.
30.52.050 Conditional uses and structures.
30.52.060 Uses permitted subject to specific development standards.
30.52.070 Limitations and exceptions to permitted uses and structures.
30.52.080 Design review.
30.52.090 Height.
30.52.100 Setback requirements.
30.52.110 Landscaping and screening.
30.52.120 Parking.
30.52.130 Lighting.
30.52.140 Rooftop equipment.
30.52.150 Trash collection areas.
30.52.010 Description and purpose.
The C1 zone is intended as a zone for small shopping centers, professional buildings, service centers and other commercial activities providing convenience goods and services to the surrounding residential neighborhood in conformance with the comprehensive general plan of the city. In order to maintain the health, safety and general welfare and assure compatibility with surrounding residential neighborhoods, commercial uses and building heights shall be restricted and buffering techniques incorporated into the development design. (Prior code º 30-1500)
30.52.020 Permitted primary uses and structures.
a. No building, structure or land shall be used and no building, structure or use in the C1 zone shall be erected, structurally altered, enlarged or established except the following permitted uses and structures.
0. Ambulance services.
1. Answering services.
2. Antique shops.
3. Art stores or galleries.
4. Automobile service stations, subject to the provisions of this chapter.
5. Bakery shops including the baking of products sold on the premises only. No baking for off-site sales shall be permitted.
6. Banks and savings and loan institutions.
7. Barber shops.
8. Beauty shops.
9. Bicycle, sales and service.
10. Book stores, new or used.
11. Camera stores.
12. Carpet and floor covering stores.
13. China and glassware stores.
14. Churches, synagogues, temples and houses of worship.
15. Civic and social organization offices.
16. Clothing and apparel stores.
17. Contractors offices.
18. Day care centers.
19. Delicatessens.
20. Detective agencies.
21. Diet centers.
22. Domestic pet grooming shops, provided that no animals shall be kept on the premises overnight.
23. Drapery stores.
24. Drugstores.
25. Dry cleaning and laundry establishments, nonindustrial service to the general public only.
26. Employment agencies.
27. Escrow services.
28. Financial offices.
29. Florist and plant shops.
30. Food stores and markets.
31. Gift shops.
32. Hardware stores.
33. Hobby shops.
34. Household appliance and repair shops.
35. Ice cream parlors.
36. Institutions, philanthropic.
37. Insurance offices.
38. Interior decorator shops.
39. Jewelry stores, (including incidental fabrication).
40. Laundries, automatic self-service, provided that the establishment is operated exclusively as a retail business and laundry machines are automatic type, capable of being operated by the public and shall not include machines ordinarily found in industrial laundries.
41. Lighting stores.
42. Liquor stores.
43. Lock and key services.
44. Nurseries and garden supplies.
45. Paint and wallpaper stores.
46. Parking lots or structures in compliance with the provisions of chapter 30.124 of this title.
47. Pet shops.
48. Photocopying services.
49. Portrait studios.
50. Professional offices.
51. Radio, television and similar electronic component stores.
52. Real estate offices.
53. Residential dwelling units subject to the provisions of the R-1250 zone and provided further that the ground floor level is occupied with permitted commercial uses.
54. Restaurants, full service.
55. Shoe repair shops.
56. Shoe stores.
57. Spas and swimming pools, sales and service provided that all chemicals, materials and inventory are stored in a fully enclosed building on a permanent foundation.
58. Sporting goods stores.
59. Stamp and coin shops.
60. Stationery stores.
61. Tailor, custom alterations shops.
62. Tobacco shops.
63. Toy stores.
64. Travel agencies.
65. Other uses which the zoning administrator determines to be similar in nature, function and operation to listed permitted primary uses within this zone. (Prior code º 30-1501)
30.52.030 Permitted accessory uses and structures.
The following accessory uses, buildings and structures shall be permitted in the C1 zone.
a. Antennas (pole type) and flagpoles.
b. Dish antennas in compliance with the conditions and criteria of chapter 30.16, article X of this title.
c. Home occupations subject to the approval of a home occupation permit in compliance with the conditions and criteria of chapter 30.16, article VII of this title.
d. Signs, in compliance with chapter 15.08 of this Code. (Prior code º 30-1502)
30.52.040 Permitted temporary uses and structures.
The following temporary uses and structures shall be permitted subject to the provisions of this zone.
a. Christmas tree sales lots, when maintained between November 1st and December 31st, subject to the provisions of chapter 5.44 of this Code.
b. Contractors Office and/or Storage. Temporary structures for the storage of tools and equipment or containing supervisory offices of the minimum necessary in connection with a project on site may be established and maintained only during the progress of active construction under an effective grading, building, utility, street or other development permit. Such temporary structure(s) shall be immediately removed upon expiration of the applicable permits.
c. Pumpkin sales lots, when maintained between October 15th and November 1st, subject to the provisions of section 5.08.420 of this Code. (Prior code º 30-1503)
30.52.050 Conditional uses and structures.
The following uses and structures may be permitted in the C1 zone subject to approval of a conditional use permit in compliance with the conditions and requirements of chapter 30.16, article VI of this title. The development standards of this zone shall apply except as otherwise provided herein.
a. Commercial court game facilities, including but not limited to racquetball, tennis, paddleball, badminton and volleyball courts.
b. Convalescent homes, sanitariums or retirement homes.
c. Private clubs and lodges.
d. Private educational institutions.
e. Public dances.
f. Residential uses at the ground floor level subject to the provisions of the R-1250 zone.
g. Restaurants, fast food.
h. Sale of alcoholic beverages for on-site consumption, whether or not integrated with a restaurant.
i. Sale of alcoholic beverages on the same lot with an automobile service station.
j. Wireless telecommunication facilities in compliance with the provisions of chapter 30.122. (Ord. 5176 º 22, 1997: prior code º 30-1504)
30.52.060 Uses permitted subject to specific development standards.
a. Automobile Service Stations. Notwithstanding other provisions of this chapter, all automobile service stations shall conform to the requirements specified in this section. No building, structure or land shall be used and no building or structure shall be erected, structurally altered, enlarged or established for any automobile service station unless the limitations listed below are complied with. No sale of nonautomotive related products, including alcoholic beverages, shall be allowed unless the limitations below are complied with:
1. The minimum lot area shall be fourteen thousand four hundred (14,400) square feet.
2. The minimum length of the front property line shall be not less than one hundred twenty (120) lineal feet. Where the site also abuts upon a side street or alley, the minimum length of the property line abutting such street or alley shall be ninety (90) lineal feet.
3. All buildings shall maintain a setback distance of not less than thirty (30) feet from any public street right-of-way line. Pump island canopies shall not be deemed to be a building for the purposes of this subsection.
4. All gasoline pumps, pump islands and equipment shall be situated not less than fifteen (15) feet from any public street right-of-way. Canopies over pump islands shall not be situated less than five (5) feet from any property line.
5. No mechanical servicing or greasing of trucks in excess of one and one-half (11/2) ton capacity or industrial equipment of any type or character shall be permitted.
6. No sale of merchandise not clearly incidental to the automotive industry shall be permitted except within an enclosed building. Merchandise display shall be permitted on each pump island; provided, that the aggregate display area on each island shall not exceed twelve (12) square feet. Automotive products display shall be permitted along the front of the building; such display shall be located within thirty-six (36) inches of the building, shall not exceed thirty-six (36) inches in height above the sidewalk surface or ground level on which it is located and shall not be more than a total of ten (10) linear feet in length.
7. No parking area shall block ingress to or egress from pump islands or service bays.
8. There shall not be more than two (2) vehicular accessways to any one street for each development site.
9. No driveway access may be located nearer than five (5) feet to the beginning of a curve of a street corner or nearer than five (5) feet from an interior property line.
10. The outer radius of any turning area to all pump islands shall be a minimum of twenty-five (25) feet.
11. No miscellaneous items, products, equipment, vehicles or signs shall be permitted on any corner formed by intersecting streets within that triangular area between the property line adjacent to the public right-of-way and a diagonal line joining points on said property lines twenty-five (25) feet from their point of intersection or, in the case of rounded corners, the areas between the tangent to the curve and a diagonal line adjoining points on such tangents twenty-five (25) feet from the point of intersection. Area lighters shall be permitted within the area designated in this subsection, provided the top of such fixture shall not exceed a height of fifteen (15) feet above the sidewalk surface or ground level on which it is located. Such area lighters used to illuminate the lot shall be so arranged as to substantially deflect light away from and avoid undue annoyance to any residential properties and shall not constitute a hazard to vehicle operators on the public street or those entering and leaving the station premises. Landscape lighting fixtures shall be permitted within the area designated in this subsection; provided such fixtures are installed in close proximity to the ground, but in no event to exceed three (3) feet in height, and of such intensity as not to constitute hazard to vehicle operators on the public street or those entering and leaving the station premises.
12. Minimum five (5) foot wide planters shall be provided along the interior property lines where adjacent to residentially zoned areas which shall be landscaped and irrigated as provided in this chapter.
13. All utility services which provide service to the property shall, within the exterior boundary lines of such property, be installed underground.
14. Refuse storage area of sufficient size to accommodate a refuse bin shall be provided on the site in an area enclosed by a minimum five and one-half (51/2) foot high masonry wall as provided for in this chapter and shall be located in the rear portion of the property in such manner as to be accessible to refuse collection vehicles.
15. A planting strip a minimum of five (5) feet wide or a landscaped berm a minimum of four (4) feet wide and two (2) feet high shall be established and continuously maintained and landscaped along any property line abutting a street, except at driveways. Bermed areas may require a two (2) foot high retaining wall on the interior side of the service station site where deemed necessary by the zoning administrator. Any planting within ten (10) feet of an entry or exit driveway shall not be permitted to grow higher than thirty (30) inches.
16. Final plans shall be submitted for approval by the director of planning for conformity with the aforesaid requirements precedent to the issuance of a building permit.
17. Separate public restrooms for men and women shall be provided within a building and be maintained in clean and fully functional condition at all times that the facility is open for business. (Prior code º 30-1505)
30.52.070 Limitations and exceptions to permitted uses and structures.
Notwithstanding any other provisions of this chapter, the following limitations shall apply to the conduct of any use permitted in the C1 zone:
a. All uses except outdoor eating areas, parking, growing plants, cut flowers, Christmas tree lots, pumpkin sales lots, storage of shopping carts, vending machines, and service station uses, subject to very specific standards contained within this chapter, shall be conducted entirely within a completely enclosed building which is attached to a permanent foundation. There shall be no outside storage of tools, equipment, supplies or materials.
Shopping cart storage shall be located adjacent to the entry of a building and shall be screened with a minimum three (3) foot, six (6) inch high solid wall/fence or combination of fence and landscaping to obscure the visibility of shopping carts from the adjacent public rights-of-way. Where the zoning administrator, in his/her discretion, determines that screening interferes with the cart removal/retrieval "opening" given the unique location of the building (e.g., corner structure where cart storage may be visible from two (2) or more intersecting public rights-of-way), the zoning administrator shall exempt the "opening" from the screening requirement and shall determine the orientation, location, size and configuration of the unscreened "opening." Shopping cart storage shall not intrude into any required pedestrian passageway or public right-of-way.
One (1) outdoor vending machine shall be permitted for each three thousand (3,000) square feet of site area up to a maximum of eight (8) such vending machines per site. Vending machines shall be attached to or located immediately adjacent to a building. Outdoor vending machines shall be accessible and shall not encroach into any required pedestrian access or walkway. For the purpose of this section, vending machines shall not include coin operated amusement devices, rides, scales or similar devices. All signs on an outdoor vending machine shall be regulated by chapter 15.08 of this Code.
The display of new and used merchandise shall be allowed outside a building on not more than four (4) occasions during any calendar year for the purpose of conducting a sale of said merchandise. A permit to conduct such a sale shall be issued by the city clerk if the following conditions are shown to exist:
1. A written application for said permit shall be filed with the city clerk not less than ten (10) calendar days before commencing any outside sale.
2. The maximum length of time for conducting such a sale shall be seventy-two (72) hours.
b. No wholesaling of goods and materials shall be permitted in the C1 zone; retail sales to the general public only shall be permitted.
c. All uses shall be conducted in a manner so as not to be objectionable to a person of normal sensitivity by reason of noise, odor, dust, fumes, smoke, vibrations or other similar causes. (Ord. 5085 º 1, 1995: Ord. 5042 º 4, 1994: prior code º 30-1506)
30.52.080 Design review.
Design review shall be required in accordance with the provisions of chapter 30.16, article X of this title. (Prior code º 30-1507)
30.52.090 Height.
No building or structure in the C1 zone shall exceed a height, at any point, of twenty-five (25) feet above grade. An additional five (5) feet in height shall be permitted for any roofed area and mechanical equipment screened by such roofed area provided such roofed area has a minimum pitch of three (3) feet in twelve (12) feet. (Prior code º 30-1508)
30.52.100 Setback requirements.
a. Street Setback. No building, structure or parking area in the C1 zone shall be closer than five (5) feet to any property line abutting a street. Such setback shall be required for the first story level only on that portion of a building or structure that is within twelve (12) feet above grade, whichever is greater.
1. No person shall construct within the space between a street and a setback line established by ordinance or by this title, any building, wall, fence or structure except:
(a) Driveways and walks, provided that a driveway shall be limited to that area reasonably necessary to provide safe and efficient ingress to and egress from off-street parking spaces or loading spaces located behind a setback area;
(b) Eaves may project into a required setback area for a distance not to exceed thirty (30) inches;
(c) Flagpoles limited to one (1) per site, not to exceed the height limit for buildings for this zone;
(d) Footings and public utility vaults if fully subterranean;
(e) Landscape accent lighting not to exceed eighteen (18) inches in height;
(f) Necessary railings adjacent to stairways;
(g) Retaining walls, planters or curbs which are not more than eighteen (18) inches in height above the ground surface existing at the time of construction;
(h) Uncovered steps or landings not over four (4) feet high as measured parallel to the natural or finish ground level at the location of the construction may project into the required setback area for a length of fourteen (14) feet measured parallel to the building.
2. No person shall store material or equipment within the space between a street and setback line established by ordinance or this chapter except temporarily during construction on the same premises.
b. Interior Setback Requirements. No interior setback is required except where commercial property abuts a residential zone boundary line. In that case, the setback from such common boundary line shall be a minimum of five (5) feet and an average of eight (8) feet.
1. Notwithstanding the above provision, the following are exceptions to the minimum interior setback from residential property:
(a) Boundary line walls may be located along the interior property lines or within interior setback areas but may not encroach into the street setback area;
(b) Driveways, walks and parking areas including lighting pursuant to the provisions of section 30.52.130;
(c) Eaves may project into a required setback area for a distance not to exceed thirty (30) inches;
(d) Footings and public utility vaults if fully subterranean;
(e) Railings adjacent to stairways;
(f) Subterranean and semi-subterranean parking garages may extend to the interior property line including equipment, service, utility and storage areas provided such areas do not have any door, window or other opening to the outside along the interior property line;
(g) Uncovered steps or landings not over four (4) four feet high as measured parallel to the natural or finish ground level at the location of the construction may project into the required setback area four (4) feet for a length of fourteen (14) feet measured parallel to the building. (Prior code º 30-1509)
30.52.110 Landscaping and screening.
a. All street setback areas and other areas not occupied by buildings, parking, or other incidental commercial activities shall be fully and permanently landscaped with live plant materials and shall be permanently maintained in a neat and orderly manner. For the purposes of this section, permanent landscaping shall consist of landscaped areas at the ground level, in planters or in potted containers having a minimum length, width, diameter or depth of twenty-four (24) inches. Pedestrian walks and vehicular accessways shall be permitted in such landscaped areas. The street setback area shall not be completely paved or covered with gravel. Permanent and automatic irrigation facilities shall be provided in all permanent landscaped areas except potted containers. Landscape and irrigation plans shall be prepared by those licensed in the state of California to prepare such plans and submitted in connection with a building permit prior to its issuance. All landscaping and irrigation facilities shall be installed prior to the final approval of the building permit in accordance with the approved plans or a cash bond deposited with the superintendent of building in an amount equal to the estimated cost of installing the landscaping and irrigation. If the estimated cost of installing the landscaping and irrigation exceeds ten thousand dollars ($10,000), an instrument of credit may be deposited in lieu of a cash bond. Prior to the issuance of a use and occupancy certificate or release of the cash bond or instrument of credit, an individual licensed in the state of California to prepare landscape and irrigation plans shall file a certificate of compliance with the superintendent of building that all landscaping and irrigation improvements have been installed in substantial conformance with approved plans. If the developer fails to install the landscaping and irrigation within a reasonable time, the superintendent of building may cause all landscaping and irrigation equipment to be installed as provided in the approved plan a
nd to use the cash bond or instrument of credit for payment of the cost of such installation. Landscaping shall be permanently maintained in substantial conformance with the approved plan.
b. Trees shall be planted along any interior property line abutting a residential zone boundary to provide an effective screen. An average of one (1) tree shall be planted for each twenty (20) feet of such interior property line, exclusive of trees required pursuant to the provisions of chapter 30.124. Such trees shall be provided with sufficient tree well area for the tree type and surrounding area and shall be of a minimum size of twenty-four (24) inches boxed.
c. A minimum five and one-half (51/2) foot high decorative masonry wall shall be provided along the property line abutting any residential zone boundary line except where a semi-subterranean parking garage is located on such boundary line. Where an alley separates a commercial zone from a residential zone, said masonry wall shall be erected along the commercial property line except for necessary driveways and access gates or doors to trash collection areas. (Prior code º 30-1510)
30.52.120 Parking.
All parking and loading areas and vehicle accessways shall be in compliance with the provisions of chapter 30.124 of this title. (Prior code º 30-1511)
30.52.130 Lighting.
Lighting for uncovered parking areas, vehicle accessways and walkways shall not exceed a height of sixteen (16) feet, except that the maximum height on the rooftop of any parking structure located on a lot adjacent to any residential zone shall not exceed a height of eight (8) feet. Such overall height shall be measured from the paved parking area surface to the uppermost part of the light standard, including the light globe. Lighting shall be directed onto the driveways, walkways and parking areas within the development and away from adjacent properties and public rights-of-way. (Prior code º 30-1512)
30.52.140 Rooftop equipment.
Rooftop equipment shall be completely enclosed on all sides or screened from view of public rights-of-way. (Prior code º 30-1513)
30.52.150 Trash collection areas.
Trash collection areas shall be enclosed within a building or screened with masonry walls having a minimum height of five and one-half (51/2) feet and with an evenly distributed semi-enclosed roof covering at least forty (40) percent of the trash collection area. Access gates or doors shall be of opaque material. If a trash collection area is to be within fifty (50) feet of a street right-of-way line or within the front fifty (50) percent of the lot, the access gates or doors shall not directly face the public street. Trash collection areas shall be designed, located or screened so as not to be readily identifiable from adjacent streets or highways. (Prior code º 30-1514)