Chapter 30.92
"M/C" INDUSTRIAL/COMMERCIAL ZONE
30.92.010 Description and purpose.
30.92.020 Permitted primary uses and structures.
30.92.030 Permitted accessory uses and structures.
30.92.040 Permitted temporary uses and structures.
30.92.050 Conditional uses and structures.
30.92.060 Uses permitted subject to specific development standards.
30.92.070 Limitations and exceptions to permitted uses and structures.
30.92.080 Performance standards.
30.92.090 Design review.
30.92.100 Height.
30.92.110 Setback requirements.
30.92.120 Landscaping and screening.
30.92.130 Parking.
30.92.140 Lighting.
30.92.150 Rooftop equipment.
30.92.160 Trash collection areas.
30.92.010 Description and purpose.
The M/C zone offers a broad range of goods and services to the community located along portions of industrial/commercial thoroughfares within the city that have been developed for both commercial and industrial use in conformance with the comprehensive general plan. In order to maintain the health, safety and general welfare, assure compatibility with surrounding areas and provide for reasonable changes of use, an appropriate mixture of industrial and commercial uses shall be allowed together with the restriction of building heights and incorporation of buffering techniques. (Prior code º 30-2700)
30.92.020 Permitted primary uses and structures.
a. No building, structure or land shall be used and no building, structure or use in the M/C 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. Automobile supply stores.
6. Bakery shops, including the baking of products sold on or off the premises.
7. Banks and savings and loan institutions.
8. Barber shops.
9. Beauty shops.
10. Bicycle, sales and service.
11. Book stores, new or used.
12. Camera stores.
13. Car washes, full or self service, subject to the provisions of this chapter.
14. Carpet and floor covering stores.
15. Carpet cleaning establishments.
16. China and glassware stores.
17. Churches, synagogues, temples and houses of worship.
18. Civic and social organization offices.
19. Clothing and apparel stores.
20. Computer typesetting.
21. Contractors construction services, including electrical, masonry, tile, plastering, carpentry, roofing, glass, insulation, iron work and similar services.
22. Contractors offices.
23. Convalescent homes, sanitariums or retirement homes.
24. Data processing firms.
25. Day care centers.
26. Delicatessens.
27. Department stores.
28. Detective agencies.
29. Domestic pet grooming shops, provided that no animals shall be kept on the premises overnight.
30. Drapery stores.
31. Drugstores.
32. Dry cleaning and laundry establishments, nonindustrial service to the general public only.
33. Electrical appliance and motor repair shops.
34. Electronic instrument manufacturing and assembly.
35. Employment agencies.
36. Entertainment production (audio/visual).
37. Escrow services.
38. Financial offices.
39. Florist and plant shops.
40. Food stores and markets.
41. Furniture stores.
42. Gift shops.
43. Gun shops.
44. Gymnasiums and health clubs, including diet centers and tanning salons.
45. Hardware stores.
46. Heating and ventilating shops, subject to the provisions of this chapter.
47. Hobby shops.
48. Hotels and motels.
49. Household appliance and repair shops.
50. Household furniture repair and refinishing shops, provided that all dust, odors, noise and air contaminants are contained on site.
51. Ice cream parlors.
52. Institutions, philanthropic.
53. Insurance offices.
54. Interior decorator shops.
55. Jewelry manufacturing.
56. Jewelry stores.
57. Labor union offices.
58. Laboratories (experimental or testing).
59. 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.
60. Lighting stores.
61. Liquor stores.
62. Lock and key services.
63. Mail order houses, retail.
64. Medical and dental laboratories.
65. Mortuaries and funeral homes.
66. Music stores.
67. Nurseries and garden supplies.
68. Optical device manufacturing and assembly.
69. Paint and wallpaper stores.
70. Parcel delivery and pick-up services.
71. Parking lots or structures in compliance with the provisions of chapter 30.124 of this title.
72. Pawnshops.
73. Pet shops.
74. Photocopying and blueprinting services.
75. Photodeveloping stores.
76. Plumbing shops.
77. Political offices.
78. Portrait studios.
79. Precision instruments manufacturing.
80. Printing, other than publishing services.
81. Private clubs and lodges.
82. Professional offices.
83. Radio, television and similar electronic component stores.
84. Real estate offices.
85. Recording and sensory instrument or device manufacturing and assembly.
86. Research, development and testing, including scientific research or experimental development of materials, methods and products.
87. 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 or industrial uses.
88. Restaurants, fast food.
89. Restaurants, full service.
90. Sales representative offices.
91. Shoe repair shops.
92. Shoe stores.
93. Small tool sharpening and repair.
94. 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.
95. Sporting goods stores.
96. Stamp and coin shops.
97. Stationery stores.
98. Tailor, custom alterations shops.
99. Telephone and communications services.
100. Theaters.
101. Tire stores, subject to the provisions of this chapter.
102. Tobacco shops.
103. Toy stores.
104. Travel agencies.
105. Typewriter and office machine sales and service.
106. Upholstery repair, custom service, no manufacturing.
107. Vehicle repair garage, subject to the provisions of this chapter.
108. Vehicle sales, leasing and rental agencies, including new and used automobiles, motorcycles, light trucks, recreational vehicles and boats, subject to the provisions of this chapter.
109. Veterinary offices, including hospitalization services.
110. Warehousing and distribution.
111. Water softener services.
112. Welding shops, provided that the service is primarily to the general public.
113. Wholesaling.
114. Window, window screen, shade and awning shops.
115. 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 30-2701)
30.92.030 Permitted accessory uses and structures.
The following accessory uses, buildings and structures shall be permitted in the M/C 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 30-2702)
30.92.040 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 30-2703)
30.92.050 Conditional uses and structures.
The following uses and structures may be permitted in the M/C 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. Arcade establishments.
b. Billiard establishments.
c. Commercial court game facilities, including but not limited to racquetball, tennis, paddleball, badminton and volleyball courts.
d. Massage services.
e. Places of amusement, including bowling alleys, ice skating rinks and roller rinks. Places of amusement shall exclude arcade establishments and billiard establishments as defined herein.
f. Private educational institutions.
g. Private outdoor commercial recreation establishments, including but not limited to golf courses, bicycle or go-cart tracks and baseball batting cages.
h. Privately operated public utility uses, structures or transmission facilities.
i. Publicly operated transmission facilities.
j. Public dances.
k. Residential uses at the ground floor level, subject to the provisions of the R-1250 zone.
l. Sale of alcoholic beverages for on-site consumption, whether or not integrated with a restaurant.
m. Sale of alcoholic beverages on the same lot with an automobile service station.
n. Wireless telecommunication facilities in compliance with the provisions of chapter 30.122. (Ord. 5176 º 35, 1997: Ord. 5118 º 6, 1996: Ord. 5067 º 11, 1994: prior code º 30-2704)
30.92.060 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 con-
stitute 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.
b. Car Washes, Full and Self Service. Notwithstanding other provisions of this chapter, all car washes 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 car wash unless the following limitations are complied with:
1. Lot Area.
(a) The minimum lot area shall be twenty-five thousand (25,000) square feet except that the lot area for a self-service car wash may be twelve thousand five hundred (12,500) square feet minimum.
2. Site Improvements and Arrangement.
(a) All buildings shall maintain a setback distance of not less than ten (10) feet from any public right-of-way.
(b) The wash rack and any other enclosed work space shall be constructed and arranged so that entrances, exits and openings therein shall not face any property in any residential zone.
(c) No building shall be situated less than twenty-five (25) feet from any interior property lines abutting a residential zone.
(d) There shall not be more than two (2) vehicular accessways to any one street for each development site and there shall be no vehicular accessways along any frontage where the property directly across the street is located in any residential zone.
(e) 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 feet from an interior property line, such dimension to be measured from the edge of the overall apron width including the curb transitional slope.
(f) There shall be provided on the same lot or parcel on which any car wash is permitted, except in a self-service car wash, a waiting area for incoming cars accessible to the entrance end of the washing equipment of not less than two thousand (2,000) square feet, and an area beyond the exit end of the washing equipment of not less than three thousand (3,000) square feet to be used for the hand finishing of the washing process, both such areas being exclusive of areas intended for other uses; provided that where the conveyor space for hand finishing within the enclosed area is a minimum distance of sixty (60) linear feet, the hand finishing area beyond the exit and outside the enclosed area shall not be less than one thousand (1,000) square feet.
(g) The dispensing of motor vehicle fuel and lubricants shall be allowed provided that all pumps, pump islands, canopies and equipment devoted to such use be set back a minimum distance of fifteen (15) feet from any public street, ten (10) feet from any abutting property line and twenty-five (25) feet from any residential zone. No dispensing of motor vehicle fuels and lubricants shall be allowed in self-service car washes.
(h) No buildings, equipment, vehicles, signs or miscellaneous items 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 the 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 the actual lighting fixture shall not exceed a height of fifteen (15) feet above the sidewalk surface or ground level on which it is located nor be lower than twelve (12) feet above such surface or level. Landscape lighting fixtures will 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 eighteen (18) inches in height, and of such intensity as not to constitute a hazard to vehicle operators on the public street or those entering and leaving the premises.
3. Landscaping.
(a) 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. Planting in such area shall include but not be limited to trees having minimum fifteen (15) gallon size at a maximum spacing of ten feet on center.
(b) Landscaping and planting at a width of ten (10) feet shall be provided adjacent to all street frontages except for necessary walkways and driveways.
(c) An equivalent area of landscaping may be substituted for the specific locations of landscaped areas required by subsections (a) and (b) above when a landscaping plan is submitted by a landscape architect and approved by the director of planning; provided, that a safety factor as to unobscured site distance is incorporated into said plan.
4. Merchandising.
(a) No sale of toys, beverages, or other merchandise except fuel and oil shall be permitted except within an enclosed building or from vending machines. A maximum of two vending machines shall be permitted and shall abut the building.
(b) No merchandise display shall be permitted outside of an enclosed building.
5. Utilities and Waste Disposal.
(a) All utility services which provide service to the property shall, within the exterior boundary lines of such property, be installed underground.
(b) Wash and rinse water shall be one hundred (100) percent reclaimed and recirculated to the extent that the only make-up water required is that necessary to account for losses due to evaporation, water carried out on vehicles as a result of their having been washed, and similar losses. The reclamation and recirculation system shall be designed by a professional engineer registered in the state of California to practice in the field of mechanical engineering.
(c) Salt brine from the regeneration of water softening equipment is to be disposed of in an approved disposal site and is not to be introduced into the sanitary sewer or storm drain system.
(d) Provisions shall be made to prevent area water from the site from flowing over any public sidewalk.
(e) No car wash shall be operated unless a valid industrial waste permit has been issued by the superintendent of building.
(f) Refuse storage area of sufficient size to accommodate a refuse bin shall be provided on the site in an area enclosed by a six (6) foot 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.
6. Plan Approval. 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.
c. Heating and Ventilating Shops. In addition to the other provisions of this chapter, heating and ventilating service shops including the incidental forming of ducts are permitted in the M/C zone provided:
1. All equipment used in the forming of said ducts shall be of low-sound intensity and confined to the building in which the ducts are formed.
2. The forming of said ducts shall be incidental only to wholesale or retail sales of heating and ventilating equipment.
d. Tire Stores. Notwithstanding other provisions of this chapter, all tire stores 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 tire store unless the following limitations are complied with:
1. Activities must be conducted within a building. There shall be no hoists or wheel alignment racks outside. All goods and equipment shall be stored, and activities maintained or carried on inside a building unless the opening to the service area is inadequate for vehicular entry; in that case the sale and installation of tires, brakes, shock absorbers or batteries may be carried on outside the building.
2. Tires taken in trade that have no more than a salvage value, or tires taken in trade which require retreading to be saleable to the general public must be stored in a solid wall enclosure a minimum of five and one-half (51/2) feet high. No tires or other material shall be stacked higher than the enclosure. Such enclosure shall be located in the rear portion of the property.
3. No recapping, retreading or tire rebuilding shall be permitted.
4. Not more than one (1) merchandise display shall be permitted outside the building, which display shall not exceed forty-four (44) inches in height above the sidewalk surface or ground level on which it is located and shall not be more than forty (40) inches in width nor more than a total of ten (10) linear feet in length.
5. No servicing 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 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.
7. 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 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 premises.
8. 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.
9. Final plans shall be approved by the director of planning as to conformity with the aforesaid requirements precedent to the issuance of a building permit.
e. Vehicle Repair Garages. Notwithstanding other provisions of this chapter, all vehicle repair garages 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 vehicle repair garage unless the following limitations are complied with:
1. Activities must be conducted within a building. All goods and equipment shall be stored, and activities maintained or carried on inside a building. There shall be no hoists or wheel alignment racks outside of a building.
2. No work station used for the repair of vehicles may be credited toward meeting the parking requirement.
3. No servicing of trucks in excess of one and one-half (11/2) ton capacity or industrial equipment of any type or character shall be permitted.
4. In addition to the other requirements of this zone, planters, a minimum of five (5) feet in width shall be provided along the property lines where adjacent to residentially zoned areas.
f. Vehicle Sales, Leasing and Rental Agencies. Notwithstanding other provisions of this chapter, all businesses engaged in the sale, leasing or rental of vehicles shall conform to the requirements of the provisions 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 vehicle sales, leasing or rental lot unless the following limitations are complied with:
1. The minimum lot area shall be fifteen thousand (15,000) square feet.
2. Gross weight of vehicles for sale, lease or rent shall not exceed fifteen thousand (15,000) pounds.
3. Where an outdoor vehicle storage or sales display area adjoins a street right-of-way, there shall be a minimum five (5) foot wide, fully landscaped parking setback area along the entire street frontage(s) except at driveways in accordance with the requirements for landscaping of parking areas contained in chapter 30.124 of this title.
4. Where outdoor vehicle storage or sales display areas abut a residential zone or an alley, there shall be a minimum five and one-half (51/2) foot high decorative masonry wall separating such vehicle storage or display areas from the residentially zoned property or alley. Where a wall abuts an alley, no gate or other opening shall exceed twenty (20) feet in width. No barbed wire, razor wire or other hazardous materials shall be placed on top of the wall.
5. No part of the outdoor storage area used for the parking of vehicles for sale shall be credited toward the parking requirements set forth in chapter 30.124 of this title. (Ord. 5129 º 3, 1996: prior code º 30-2705)
30.92.070 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 M/C 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, car washes, service stations, vehicle storage or display, and tire store uses, subject to very specific standards contained within this chapter, shall be conducted entirely within a building. 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, however, 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. (Ord. 5085 º 9, 1995: Ord. 5042 º 8, 1994: prior code 30-2706)
30.92.080 Performance standards.
In accordance with the goals and precepts of the comprehensive general plan of the city, environmental performance standards are hereby established to protect the community from hazards, nuisances and other negative factors; to ensure that land uses are not operated in such a manner as to cause a detrimental effect on adjacent land uses or the community environment; and to preserve and enhance the lifestyle of Glendale residents through the protection of the public health, safety and general welfare. The following guidelines shall be evaluated on the basis of whether or not the activity is obnoxious to a person of normal sensitivity.
a. General Provisions. No land, building or structure in the M/C zone shall be used or occupied in any manner so as to create or maintain any dangerous, injurious, noxious or otherwise objectionable condition caused by fire, explosion or other hazards; noise or vibration; smoke, dust or other form of air pollution; liquid or solid refuse or wastes; or any other substance, condition or element used in such a manner or in such amount as to adversely affect the surrounding area or adjoining premises.
b. Air Quality. Any activity, operation, or device which causes or tends to cause the release of air contaminants into the atmosphere shall comply with the rules and regulations of the South Coast Air Quality Management District and with the following:
1. Visible Emissions. No visible emissions of air contaminants or particulate matter shall be discharged into the atmosphere. No combustible refuse incineration shall be permitted.
2. Dust. Windborne dusts and debris across lot lines shall be prevented by planting, wetting, compacting, paving or other suitable treatment of land surface; storing, treating or enclosing materials; controlling sources of dust and debris by cleaning; or, such other measures as may be required.
3. Odors. No odorous material shall be permitted so as to be obnoxious to persons of normal sensitivity as readily detectible at the property line or at any point off-site where the odor is greater.
c. Waste and Contaminants. No wastewater, radioactive material or other potential groundwater contaminant shall be discharged into or under the ground surface except for such groundwater recharge operations as may be conducted by or under the supervision of the Los Angeles County Flood Control District, and/or city of Glendale. Any discharge into a public sewer, private sewer, private sewerage disposal system or into the ground of any materials that may contaminate any water supply, interfere with bacterial processes in sewerage treatment, or otherwise cause the emission of dangerous or offensive elements is prohibited. All industrial uses shall comply with the provisions of this Code pertaining to refuse, weeds, sewer construction and sewer use. Liquid wastes shall be disposed of only by authorized discharge to a public sewer system or by transport to an acceptable disposal facility. Burning, dumping, or littering of solid wastes is prohibited. Solid wastes shall be disposed of only by transport to an acceptable disposal facility, except that inert solid materials may be utilized in landfills and construction when specifically authorized by a grading permit or building permit, and organic materials may be utilized in connection with normal and customary landscaping and agricultural activities providing that such activities meet all the requirements of the Glendale Municipal Code and these environmental performance standards; and do not endanger groundwater quality.
d. Vibration. No activities shall be permitted which cause objectionable vibration to adjoining property except for construction activities in connection with an effective building permit.
e. Noise. No noise shall be generated in the M/C zone which causes the maximum sound level to exceed the noise levels specified in chapter 8.36 of this Code. Further, when an M/C zone boundary line abuts a residential zone, no increase in the ambient noise base level for industrial zones shall be permitted. Such noise measurements shall be taken at the residential zone property line or at any point within the residential zone where the noise level from the industrial use is greater. No steady impulsive noise (such as hammering or riveting) or steady audible tone components (such as whines, screeches or hums) shall be detectible from any residentially zoned property which is adjacent to an M/C use. (Prior code º 30-2707)
30.92.090 Design review.
Design review shall be required in accordance with the provisions of chapter 30.16, article X of this title. (Prior code º 30-2708)
30.92.100 Height.
No building or structure in the M/C zone shall exceed a height, at any point, of thirty-five (35) feet above grade. (Prior code º 30-2709)
30.92.110 Setback requirements.
a. Street Setback. No building, structure or parking area in the M/C zone shall be closer than three (3) feet and an average setback of five (5) feet to any property line abutting a street.
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. No interior setback is required except where commercial or industrial property abuts a residential zone boundary line. In that case, the setback from such common boundary line shall be related to the height of the building or structure as follows:
1. For buildings and structures up to and including twenty-eight (28) feet in height above grade, there shall be a minimum setback from any property line abutting a residential zone of five (5) feet and an average setback of eight (8) feet.
2. For buildings and structures over twenty-eight (28) feet and up to and including thirty-five (35) feet in height above grade, there shall be a minimum setback from any property line abutting a residential zone of seven (7) feet and an average setback of ten (10) feet.
(a) Notwithstanding the above provisions, the following are exceptions to the minimum interior setback from residential property:
(1) 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;
(2) Driveways, walks and parking areas including lighting pursuant to the provisions of section 30.92.140;
(3) Eaves may project into a required setback area for a distance not to exceed thirty (30) inches;
(4) Footings and public utility vaults if fully subterranean.
(5) Railings adjacent to stairways;
(6) 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;
(7) 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 30-2710)
30.92.120 Landscaping and screening.
a. All street setback areas and other areas not occupied by buildings, parking, or other incidental commercial or industrial 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 a
pproved 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 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 30-2711)
30.92.130 Parking.
All parking and loading areas and vehicle accessways shall be in compliance with the provisions of chapter 30.124 of this title. No loading dock shall be located closer than twenty (20) feet from a residential zone boundary line. (Prior code º 30-2712)
30.92.140 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 30-2713)
30.92.150 Rooftop equipment.
Rooftop equipment shall be completely enclosed on all sides or screened from view of public rights-of-way. (Prior code º 30-2714)
30.92.160 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 or masonry walls having a minimum height of seven (7) feet without a semi-enclosed roof. 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 30-2715)