The purpose of the C/R-ET zone is to provide land to meet the
demand for goods and services required primarily by the recreation
and ecotourist visitor. This zone is intended to implement the recommendations
of the 2005 Urban Waterfront and Ecotourism Study. It would also implement
Parks and Recreation Element Policy P-7 of the General Plan (Increase
Tourist Related Commercial Land Uses) which provides that "The City
and its business community should take direct action to increase the
amount of tourist-oriented businesses both along the beachfront, South
San Diego Bayfront and inland areas."
The International Ecotourism Society (TIES) defines ecotourism
as "responsible travel to natural areas that conserves the environment
and sustains the well-being of local people." It is intended that
the C/R-ET zone will accommodate the land use needs of the recreation
and ecotourism market niches. Among the uses envisioned for the C/R-ET
zone include small-scale visitor-serving retail and services such
as specialty stores, shops, eating and drinking establishments (such
as restaurants and cafés), recreational uses, fitness, athletic
and health club uses, and visitor accommodations (such as hostels,
hotels and motels).
(Ord. 2012-1127 § 3; Ord. 2013-1135 §§ 1, 2)
Process Legend: P = permitted by right; C = conditional use
permit; N = not permitted
|
---|
Land Use
|
Process
|
Notes/Additional Regulations
|
---|
Commercial use types
|
1.
|
Adult bookstore, adult hotel/motel, adult minimotion picture
theater, adult picture arcade, adult picture theater, sexual encounter
studio, rap parlor, model studio
|
N
|
|
2.
|
Antique stores
|
P
|
|
3.
|
Arcades/game centers
|
C
|
|
4.
|
Art studio, galleries, museums
|
P
|
|
5.
|
Athletic and health clubs
|
P
|
|
6.
|
Automotive uses: gas and auto sales
|
N
|
|
7.
|
Bars or cocktail lounges
|
C
|
|
|
With live entertainment
|
C
|
|
8.
|
Beach equipment rental, bike rental, surf shop, fishing supply
|
P
|
|
9.
|
Body piercing establishment
|
N
|
|
10.
|
Bookstore
|
P
|
|
11.
|
Boutique
|
P
|
|
12.
|
Child care facility
|
N
|
|
13.
|
Clinic
|
N
|
|
14.
|
Department store
|
N
|
|
15.
|
Drive-in restaurant
|
N
|
|
16.
|
Drive-thru establishment
|
N
|
|
17.
|
Food and beverage sales
|
P
|
|
18.
|
Fortune telling establishment
|
N
|
|
19.
|
Kennel
|
N
|
|
20.
|
Kiosk
|
P
|
|
21.
|
Liquor store
|
N
|
|
22.
|
Massage therapy
|
P
|
SB 731
|
23.
|
Medical marijuana dispensary
|
N
|
|
24.
|
Mortuary
|
N
|
|
25.
|
Palm reading establishment
|
N
|
|
26.
|
Pawn shop
|
N
|
|
27.
|
Personal convenience services
|
P
|
|
28.
|
Pool/billiard hall
|
C
|
|
|
With live entertainment
|
C
|
|
29.
|
Postal services, private
|
P
|
|
30.
|
Professional offices, financial institutions, and real estate
|
P
|
|
31.
|
Restaurants and cafés (eating and drinking establishments)
|
P
|
|
|
With live entertainment
|
C
|
|
32.
|
Retail food stores
|
P
|
|
33.
|
Retail sales
|
P
|
|
34.
|
Secondhand or used merchandise sales
|
N
|
See definition
|
35.
|
Tattoo establishment
|
N
|
|
Residential/transient habitation use types
|
36.
|
Accessory buildings, structures, private garages
|
N
|
|
37.
|
Bed and breakfast (H-4)
|
P
|
|
38.
|
Boarding house
|
N
|
|
39.
|
Boutique hotel (H-6)
|
P
|
§ 19.25.090.G
|
40.
|
Emergency shelter
|
N
|
|
41.
|
Hostel
|
P
|
§ 19.25.090.F
|
42.
|
Hotels, motels (H-1, H-2, H-3)
|
P
|
|
43.
|
Inn (hotel H-5)
|
P
|
§ 19.25.090.E
|
44.
|
Live/work units
|
P
|
|
45.
|
Motor home/manufactured housing community
|
N
|
|
46.
|
Mixed-use development
|
N
|
|
47.
|
Multifamily residential units
|
N
|
|
48.
|
Second-family units
|
N
|
|
49.
|
Senior housing, nursing home, retirement home
|
N
|
|
50.
|
Short-term rentals
|
P
|
|
51.
|
Single-family detached
|
N
|
|
52.
|
Timeshares
|
N
|
|
Industrial use types
|
53.
|
Automotive uses: auto repair, body repair, dismantling, wrecking
yard
|
N
|
|
54.
|
Custom/incidental manufacturing
|
C
|
§ 19.25.090.A.
|
55.
|
Energy facility
|
N
|
|
56.
|
Green building utilities
|
P
|
|
57.
|
Equipment rental yard
|
N
|
|
58.
|
Light manufacturing, manufacturing, industrial
|
N
|
|
59.
|
Wireless communications facilities
|
C
|
|
Civic, public, and semi-public use types
|
60.
|
Campsites
|
N
|
|
61.
|
Religious assembly (church, mosque, temple, synagogue, etc.)
|
C
|
|
62.
|
Clubs, fraternal/veteran/service organizations
|
N
|
|
|
With live entertainment
|
N
|
|
63.
|
Government or quasi-public building
|
C
|
|
64.
|
Library
|
C
|
|
65.
|
Public parking lot
|
C
|
|
66.
|
Schools, private
|
N
|
|
67.
|
Theatres/assembly
|
C
|
|
Open space and recreation use types
|
68.
|
Playground and recreational facility (active)
|
C
|
|
69.
|
Public park (passive)
|
P
|
|
70.
|
Public riding and hiking trails
|
P
|
|
(Ord. 2012-1127 § 3; Ord. 2013-1135 §§ 1, 2)
The Community Development Director or designee shall make determinations of land use and design. The Director shall assign proposed uses to the appropriate category. The Director shall make architectural/design determinations that are within the intent of this code when not expressly prescribed by this code. For any ambiguity or question of a Director's determination, the applicant or any citizen may file an appeal of the determination to the Planning Commission for an interpretation pursuant to Section
19.02.080.
(Ord. 2012-1127 § 3; Ord. 2013-1135 §§ 1, 2)
A minimum of sixty percent of the ground floor of the parcels
with street frontages shall have active commercial uses, uses that
contribute to a high level of pedestrian activity such as retail shops,
restaurants, hotels, museums and galleries.
(Ord. 2012-1127 § 3; Ord. 2013-1135 §§ 1, 2)
Site plan and design review by the City Council will be required
for all proposed development involving major new construction. Site
plan and design review by the Community Development Director (administrative
approval) will be required for any addition, construction, remodel
or alteration of existing buildings or exterior façade alterations
to existing buildings.
(Ord. 2012-1127 § 3; Ord. 2013-1135 §§ 1, 2)
The development standards for the C/R-ET zone are intended to
create a small-scale commercial development that preserves coastal
views, promotes ecotourism and recreation activities and encourages
pedestrian activity through the design and location of buildings,
façade treatments, landscaping, street furniture, and travel
ways.
To accommodate recreation and ecotourism uses, development may
take the form of adaptive reuse of existing structures or existing
structures may be demolished to create new development.
A. Adaptive
Reuse Provisions.
1. Blank
sterile walls shall be articulated with building openings (such as
doors and windows), moldings, and other façade treatments to
create a tourist commercial venue that is at pedestrian scale.
2. For
adaptive reuse proposals in districts characterized by historic or
architecturally significant structures, façade changes shall
be consistent with and preserve the design theme of such structures.
3. Pedestrian-oriented
walkway treatments and landscaping of the public realm shall be provided.
4. The
Community Development Director and the City Council may approve the
design for adaptive reuse proposals that deviate from the prescribed
standards in this chapter but yet are consistent with the intent of
this chapter.
B. New
Development/Redevelopment Provisions.
1. A
site and design review plan shall be submitted to function as a regulating
plan (enabled by AB 1268,
Government Code Section 65302.4) that will
contain block, building, land use, public space, landscaping, and
architectural elements.
2. The
effect of the site and design review plan shall represent a design
statement that is consistent with the intent of this chapter which
is to provide a small-scale commercial venue that preserves coastal
views and encourages pedestrian activity through the design and location
of buildings, façade treatments, landscaping, street furniture,
and travel ways.
C. Setback/Yards/Separation/Building
Line, and Stepback Provisions.
1. For
properties fronting on a public street, the front building line shall
be set on the front lot line if the sidewalk and parkway improvements
are at least ten feet in width. If the sidewalk and parkway improvements
are less than ten feet in width, the front building line shall be
set back a reasonable distance from the right-of-way line as determined
through a site plan review process in order to accommodate for sidewalk
and parkway improvements. For buildings proposed to be set back greater
than allowed, a site plan and perspective renderings that analyze
and demonstrate the effect that the proposed spatial forms may have
on pedestrians shall be submitted for approval. An example of increased
setback that may be justified would be provisions for outdoor dining
and plazas for public seating areas.
2. Side
yard: five feet for interior lots. For corner lots, the side building
line shall be set on the exterior side lot line if the sidewalk and
parkway improvements are at least ten feet in width. If the sidewalk
and parkway improvements on the exterior side are less than ten feet
in width, the side building line shall be set back no more than five
feet of the right-of-way line.
3. Rear
yard: ten feet if abutting residentially-zoned property.
4. Stepback:
five feet at second floor if abutting residentially-zoned property.
5. Detached
buildings shall be located not less than six feet from any other building
on the same lot.
D. Building
Height Provisions.
1. Fifteen-foot
minimum floor-to-ceiling height for commercial spaces on the ground
floor. Twenty-foot minimum height required for single-story buildings.
2. No
building in the C/R-ET zone shall exceed two stories or twenty-six
feet in height, whichever is less.
E. Lot
Size Provisions. The minimum area for any new lot created in the C/R-ET
zone shall be five thousand square feet with a minimum width of fifty
feet along the street frontage.
F. Landscaping
Provisions.
1. Landscaping and open space shall be provided pursuant to Chapter
19.50.
2. Drought
tolerant native or naturalizing non-invasive xeriscape elements shall
be incorporated into the landscape plan.
3. Landscaping
of the parkway areas adjacent to pedestrian walkways shall be provided.
4. Stormwater
shall drain, to the extent practicable and in concert with engineered
drainage plans, toward landscaped areas in order to provide biofiltration
of urban runoff.
G. Climate
Change/Sustainability Provisions.
1. Mitigation
Measures.
a. Stormwater. Stormwater runoff shall be minimized (in addition to satisfying the stormwater requirements of IBMC Chapter
8.30) by infiltrating runoff on-site provided that geotechnical studies support infiltration/percolation capabilities.
b. Green Building. The 2010 California Green Building Standards Code
(CALGreen Code) became effective January 1, 2011. Projects shall propose
additional sustainable elements that minimize the production of greenhouse
gases (GHG) and exceed the requirements of the CALGreen Code to possibly
include small scale wind turbines, solar panels for water heating
and power generation, use of recycled water and materials, and other
elements that may qualify for LEED (Leadership in Energy and Environmental
Design) certification.
2. Adaptation
Measures.
a. Sustainability. Projects shall propose additional sustainable elements
that minimize the production of greenhouse gases (GHG) and exceed
the requirements of the CALGreen Code to possibly include small scale
wind turbines, solar panels for water heating and power generation,
use of recycled water and materials, and other elements that may qualify
for LEED (Leadership in Energy and Environmental Design) certification.
b. Sea Level Rise (SLR). Buildings may have a useful life of fifty to
one hundred years or more. Global warming scenarios project an increase
in sea level rise due to the effects of greenhouse gases. The State
of California projects a rise of ten to seventeen inches by the year
2050 and a rise of thirty-one to sixty-nine inches by the year 2100
(State of California, Sea Level Rise Task Force of the Coastal and
Ocean Working Group of the California Climate Action Team (CO-CAT),
Sea Level Rise Interim Guidance Document, October 2010). Project proponents
shall, using best available science, assess their project for its
vulnerability to impacts from sea level rise and, if vulnerable, propose
a reasonable adaptation strategy that may take the form of hard structures
(such as seawalls, levees, bulkheads, or rip-rap), soft structures
(such as wetland restoration, low impact development (LID), detention
basins, bioinfiltration, or bioswales), accommodation (such as elevated
grades, elevated structures, floodable development, or floating structures),
or withdrawal (such as buffers, rolling easements, disassembly design,
or managed retreat). However, revetments and other shoreline protection
devices that alter natural shoreline processes shall be permitted
when required to serve coastal dependent uses or to protect existing
principal structures, and when designed to eliminate or mitigate adverse
impacts on local shoreline sand supply. New development shall be sited
and designed to account for sea level rise such that the need for
hard protective structures is avoided.
H. Parking
Provisions.
1. Parking shall be provided (on-site and/or off-site) as required pursuant to Chapter
19.48 and with the approval of a site and design review plan.
2. Views
of parking facilities shall be buffered with elements such as landscaping
or street walls. Parking structures shall be designed with articulation
and attractive façade treatment in order to be compatible with
the character of a small town commercial tourist district.
3. Where
appropriate, reverse angle/back-in parking is permitted in order to
accommodate for bicycle safety.
4. Bicycle
parking shall be provided pursuant to Section 5.106.4 of the CALGreen
Code.
I. Building
Façade Provisions.
1. Blank/sterile
unarticulated street/building walls are not allowed.
2. Building
openings (in the form of windows, doors, etc.) shall be provided along
street frontages. Openings shall not span vertically more than one
story.
3. Permitted
building materials include: brick and tile masonry, stucco (cementitious
finish), native stone, pre-cast masonry (for trim and cornice elements),
gypsum reinforced fiber concrete (for trim elements), metal (for beams,
lintel, trim and ornamental elements), split-faced block (for piers
and foundation walls), wood lap and Hardie-plank siding.
4. For
new development, roof lines shall be varied to create architectural
interest. Variations in pitch shall be symmetrical and eaves shall
overhang twenty-four inches.
5. For
new development, flat and parapet roofs shall be articulated with
cornices or coping elements that project out twenty-four inches.
6. Green
roof, skylights, roof vents, wind turbines, roof drains, and solar
panels shall be integrated into the architectural style of the building.
7. Roof
materials permitted include: clay and concrete tile, slate, standing
seam metal, and dimensional asphalt shingles.
(Ord. 2012-1127 § 3; Ord. 2013-1135 §§ 1, 2; Ord. 2016-1158 § 7)
A. Proposed signage shall be consistent with Chapter
19.52.
B. The
character of the sign, which shall be at pedestrian scale, and its
illumination shall be consistent with that of the building and not
consist of more than three colors.
(Ord. 2012-1127 § 3; Ord. 2013-1135 §§ 1, 2)
A. Street
lighting shall be mission-style or of another historical theme and
located sixteen feet above grade with a maximum average spacing of
sixty feet on center.
B. Acceptable
sidewalk materials include: brick, masonry, tile, permeable and landscape
pavers, and stamped Portland cement concrete.
C. Seat
walls and seating for outdoor dining may be permitted within the right-of-way
with the approval of a site and design plan and an encroachment permit
or license agreement.
D. Sufficient
right-of-way dedication shall be provided to accommodate at least
ten feet of walkway and landscape improvements along public streets.
E. Public
trash and recycling receptacles shall be attractively designed and
placed in strategic locations so that they are convenient but do not
obstruct pedestrian travel.
F. Utility
meters, utility pedestals, and back-flow preventers shall be located
or buffered such that they are not visible from public venues.
(Ord. 2012-1127 § 3; Ord. 2013-1135 §§ 1, 2)
A. Custom/incidental
manufacturing refers to the small scale on-site production of goods
by hand which involves only the use of hand tools or domestic mechanical
equipment that do not exceed five horsepower or a single kiln not
exceeding eight cubic feet and that such use is restricted as a secondary
use to the primary retail or service use where such products are sold
directly to consumers. Typical uses include ceramic studios, candle
making shops or custom jewelry crafts stores.
B. Conditional
Use Permit. Conditions for any conditional use permit may include,
but shall not be limited to, requirements for special yards, open
spaces, buffers, fences, walls, and screening; requirements for installation
and maintenance of landscaping and erosion control measures; requirements
for street improvements and dedications, regulations of vehicular
ingress and egress and traffic circulation; regulations of signs;
regulations of hours of operation; establishment of development schedules
or time limits for performance or completion; requirements for periodic
review; and such other conditions as may be deemed necessary to ensure
compatibility with existing surrounding uses, and to preserve the
public health, safety and welfare.
C. Refuse and Recycling Containers. Private refuse and recycling containers in conformance with Section
19.74.090 shall be buffered from public venues with landscaping and/or screen walls.
D. Coastal
Development Permit. If the project site proposed for recreational
and ecotourism development is located in the original coastal development
permit (CDP) jurisdiction of the California Coastal Commission, applicants
shall proceed with other required discretionary permits through the
City prior to filing for a CDP application with the Commission.
E. Definitions.
"Ecotourism"
means responsible travel to natural areas that conserves
the environment and sustains the wellbeing of local people.
"Hostel"
means a place where travelers may stay for a limited duration
at low cost in a facility that is appropriately recognized by a state,
national or international hostel organization and that may include
dormitory-like sleeping accommodations.
"Inn (hotel H-5)"
means a commercial establishment that affords public lodging
on a less than monthly basis and may include meals and other services
to travelers.
(Ord. 2012-1127 § 3; Ord. 2013-1135 §§ 1, 2)