Chapter 30.64
"CBD" CENTRAL BUSINESS
DISTRICT ZONE
30.64.010 Description and purpose.
30.64.020 Permitted primary uses and structures.
30.64.030 Permitted accessory uses and structures.
30.64.040 Permitted temporary uses and structures.
30.64.050 Conditional uses and structures.
30.64.060 Uses permitted subject to specific development standards.
30.64.070 Limitations and exceptions to permitted uses and structures.
30.64.080 Landscaping and screening.
30.64.090 Parking.
30.64.100 Lighting.
30.64.110 Rooftop equipment.
30.64.120 Trash collection areas.
30.64.010 Description and purpose.
The CBD zone encompasses the central business district and includes the downtown redevelopment project area. The purpose of this zone is to define the central business district as an area of regional importance and encourage a mixture of retail, financial, residential, cultural/entertainment and hotel uses. This zone is designed to fulfill the goals of both the redevelopment plan and the comprehensive general plan of the city. (Prior code º 30-1800)
30.64.020 Permitted primary uses and structures.
a. No building, structure or land shall be used and no building, structure or use in the CBD zone shall be erected, structurally altered, enlarged or established except the following permitted uses and structures.
1. Adult business uses, subject to the provisions of this chapter.
2. Ambulance services.
3. Answering services.
4. Antique shops.
5. Art stores or galleries.
6. Bakery shops including the baking of products sold on the premises only. No baking for off-site sales shall be permitted.
7. Banks and savings and loan institutions.
8. Barber shops.
9. Bars and cocktail lounges.
10. Beauty shops.
11. Book stores, new or used.
12. Camera stores.
13. Carpet and floor covering stores.
14. China and glassware stores.
15. Churches, synagogues, temples and houses of worship.
16. Civic and social organization offices.
17. Clothing and apparel stores.
18. Contractors offices.
19. Cultural arts centers.
20. Data processing firms.
21. Day care centers.
22. Delicatessens.
23. Department stores.
24. Detective agencies.
25. Drapery stores.
26. Drugstores.
27. Dry cleaning and laundry establishments, nonindustrial service to the general public only.
28. Employment agencies.
29. Escrow services.
30. Financial offices.
31. Florist and plant shops.
32. Food stores and markets.
33. Furniture stores.
34. Gift shops.
35. Gun shops.
36. Gymnasiums and health clubs, including diet centers and tanning salons.
37. Hardware stores.
38. Hobby shops.
39. Hospitals.
40. Hotels and motels.
41. Household appliance and repair shops.
42. Ice cream parlors.
43. Institutions, philanthropic.
44. Insurance offices.
45. Interior decorator shops.
46. Jewelry stores, (including incidental fabrication).
47. Labor union offices.
48. Lighting stores.
49. Liquor stores.
50. Lock and key services.
51. Mail order houses, retail.
52. Medical and dental laboratories.
53. Music stores.
54. Parking lots or structures in compliance with the provisions of chapter 30.124 of this title.
55. Pawnshops.
56. Pet shops.
57. Photocopying services.
58. Photodeveloping stores.
59. Places of amusement including but not limited to bowling alleys, ice skating rinks and roller rinks. Places of amusement shall exclude arcade establishments and billiard establishments as defined herein.
60. Political offices.
61. Portrait studios.
62. Printing, other than publishing.
63. Private clubs and lodges.
64. Private educational institutions.
65. Professional offices.
66. Radio, television and similar electronic component stores.
67. Real estate offices.
68. Residential dwelling units subject to the provisions of the R-1250 zone.
69. Restaurants, fast food.
70. Restaurants, full service.
71. Sales representative offices.
72. Shoe repair shops.
73. Shoe stores.
74. Sporting goods stores.
75. Stamp and coin shops.
76. Stationery stores.
77. Tailor, custom alterations shops.
78. Telephone and communications services.
79. Theaters.
80. Tobacco shops.
81. Toy stores.
82. Travel agencies.
83. Typewriter and office machine sales and service.
84. Wireless telecommunication facilities, provided such facilities are: integrated into a building facade or structure or located behind a roof parapet; are three hundred (300) feet or more from any residential zone; and, are in compliance with the provisions of chapter 30.122. For the purpose of this subsection, the method of measurement shall be by the shortest distance, without regard to intervening buildings from the nearest point of the proposed wireless telecommunication facility, to the nearest point of the zone district boundary.
85. Other uses which the zoning administrator determines to be similar in nature, function and operation to listed permitted primary uses within this zone. (Ord. 5176 º 27, 1997: Ord. 5122 º 1, 1996: Ord. 5118 º 4, 1996: Ord. 5067 º 9, 1994: prior code º 30-1801)
30.64.030 Permitted accessory uses and structures.
The following accessory uses, buildings and structures shall be permitted in the CBD 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 30-1802)
30.64.040 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 30-1803)
30.64.050 Conditional uses and structures.
The following uses and structures may be permitted in the CBD 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. Billiard establishments.
b. Hospitals.
c. Nonemergency heliports.
d. Privately operated public utility uses, structures or transmission facilities.
e. Publicly operated transmission facilities.
f. Public dances.
g. Wireless telecommunication facilities not integrated into a building facade or structure; or not located behind a roof parapet; or located less than three hundred (300) feet from any residential zone. For the purpose of this subsection, the method of measurement shall be by the shortest distance, without regard to intervening buildings from the nearest point of the proposed wireless telecommunication facility, to the nearest point of the zone district boundary. Said facilities shall comply with the provisions of chapter 30.122. (Ord. 5176 º 28, 1997: Ord. 5118 º 5, 1996: Ord. 5067 º 10, 1994: prior code º 30-1804)
30.64.060 Uses permitted subject to specific development standards.
a. Adult Business and Sexual Encounter Establishment Uses.
1. Intent and Purpose. It is recognized that the concentration of certain adult business and sexual encounter establishment uses tends to result in the blight and deterioration in the areas of such concentration. It is evident that special zoning regulations applicable to adult business and sexual encounter establishment uses are necessary to preserve the integrity of the city of Glendale. Accordingly, it is the purpose of this section to establish a comprehensive set of regulations applicable to adult business and sexual encounter establishment uses as defined herein.
2. Definitions. For purposes of this title, the following words and phrases used in this section are hereby defined.
(a) "Adult business use" means and includes the following:
(1) Adult media store. An establishment having as a significant portion of its stock in trade books, newspapers, magazines, other periodicals, and/or video tapes, film or photographs which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" and which excludes the patronage of minors.
(2) Adult model studio. Any place where, for any form of consideration or gratuity, figure models who display "specified anatomical areas" are provided to be observed, sketched, drawn, painted, sculptured, video taped, photographed, or similarly depicted by persons paying such consideration or gratuity.
(3) Adult motion picture/video arcade. Any place to which the pubic is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices including but not limited to video monitors are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas."
(4) Adult motion picture/video peep show. An establishment which excludes the patronage of minors, used for presenting material distinguished or characterized by an emphasis on material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" exhibited in a viewing booth, through a small aperture upon deposit of a coin.
(5) Adult motion picture theater. A building customarily used for presenting motion pictures, videos, slides or other visual material distinguished or characterized by an emphasis on material depicting or describing "specified sexual activities" or "specified anatomical areas."
(6) Cabaret. A nightclub, concert hall, auditorium, theater or similar establishment which for any form of consideration, regularly features live performances which are characterized by the exposure of "specified anatomical areas" or "specified sexual activities."
(7) Sexual paraphernalia store. Any retail store specializing in the sale of paraphernalia, devices, or equipment distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or used in connection with "specified sexual activities."
(b) "Sexual encounter establishment" means an establishment, including but not limited to private and commercial clubs or organizations, where two or more persons congregate, associate or consort for the purpose of conducting "specified sexual activities." This definition does not include a hotel, motel or similar establishment offering public accommodations, nor does this definition include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state of California engages, as part of their professional practice, in sexual therapy.
(c) "Specified anatomical areas" mean the following:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or
(2) Human male genitals in a discernibly turgid stage, even if completely opaquely covered.
(d) "Specified sexual activities" means the following:
(1) The fondling or other touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above.
3. Locational Requirements. Adult business and sexual encounter establishment uses as defined in this section shall be permitted in the Central Business District (CBD) only, subject to the following requirements:
(a) No adult business or sexual encounter establishment use shall be permitted within four hundred fifty (450) feet of any church, public or private school or college, park, playground, library, or area zoned for residential use.
(b) No adult business or sexual encounter establishment use shall be permitted within seven hundred (700) feet of another adult business or sexual encounter establishment use.
(c) The distance provided in this section shall be measured by the shortest distance, without regard to intervening buildings, from the nearest point of the perimeter of the lot upon which the proposed use is to be located, to the nearest point of the perimeter of the lot or land use district boundary from which the proposed land use is separated. (Ord. 5122 º 2, 1996: prior code º 30-1804.1)
30.64.070 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 CBD zone:
a. All uses except outdoor eating areas, parking, growing plants, cut flowers, Christmas tree lots, pumpkin sales lots, storage of shopping carts and vending machines, 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 CBD 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 4, 1995: prior code º 30-1805)
30.64.080 Landscaping and screening.
All 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. Pedestrian walks, vehicular accessways, plazas, fountains, artwork and similar amenities shall be permitted in such landscaped areas. 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 and to use the cash bond or instrument of credit for payment of the cost of such installation. Landscaping shall be permanently maintained in s
ubstantial conformance with the approved plan. (Prior code º 30-1806)
30.64.090 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 30-1807)
30.64.100 Lighting.
Lighting for uncovered parking areas, vehicular accessways and walkways shall not exceed a height of sixteen (16) feet. 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 30-1808)
30.64.110 Rooftop equipment.
Rooftop equipment shall be completely enclosed on all sides or screened from view of public rights-of-way. (Prior code º 30-1809)
30.64.120 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 30-1810)