This zone is intended to serve needs of local residents. Principal activities are office/professional uses, service-oriented businesses, residential development and, secondarily, commercial retail functions. In addition, the zone is designed to preserve the existing residential character and scale of development.
(Ord. 1134 § 2, 1987)
Buildings, structures and land shall be used, and buildings and structures shall hereafter be erected, designed, structurally altered or enlarged only for the following purposes, conducted entirely within an enclosed building:
(A) 
Personal service shops (barber/beauty, etc.);
(B) 
Medical or dental offices and clinics;
(C) 
Drugstore/pharmacy;
(D) 
Business and professional offices;
(E) 
Interior design services;
(F) 
Laundry and/or dry cleaning establishments (coin- or attendant-operated);
(G) 
Health clubs;
(H) 
Custom dressmaking, millinery, tailoring, shoe repair and similar trades;
(I) 
Philanthropic and charitable institutions other than those of a correctional nature;
(J) 
Paper reproduction or copy service;
(K) 
Packaging and postal services;
(L) 
Furniture and antique sales, including home furnishing;
(M) 
Child day care;
(N) 
Supportive or affordable housing;
(O) 
Residential care facility, small unlicensed subject to the residential use standards established by subsection (Q) below and: (1) no outdoor smoking; (2) fire and building code inspection and compliance; and (3) maximum occupancy of six persons;
(P) 
Residential care facility, small licensed subject to: (1) no outdoor smoking; (2) fire and building code inspection and compliance: and (3) maximum occupancy of six persons;
(Q) 
Residential uses (excluding time-share uses) subject to the following standards:
1. 
There shall be at least two thousand square feet of lot area for each dwelling unit; however, historically significant houses that appear on the city's historic register may add residential units at a density of one unit per one thousand square feet of lot area, structure is preserved. Residential density credit for historically significant buildings shall be based on the lot size on which the structure is located, and shall not include adjoining parcels or lots under the same ownership; these residential density credits shall not apply if the historically significant building is demolished.
2. 
The allowable number of dwelling units shall be reduced by one dwelling unit for each one thousand square feet (or fraction thereof) of commercial floor area contained within a building.
(Ord. 1134 § 2, 1987; Ord. 1550 § 13, 2011; Ord. 1575 § 13, 2013; Ord. 1712, 3/11/2025)
The following uses may be permitted subject to the granting of a Conditional Use Permit as provided for in Section 25.05.030.
(A) 
Retail supply stores, including, but not limited to, toys, yardage, hardware, auto parts, plumbing, sporting goods, home decorating, appliances, garden supplies, etc., all of a neighborhood scale and orientation with no open storage of materials or equipment;
(B) 
Bakery, retail wherein all bakery goods are baked on the premises and are sold at retail on the premises;
(C) 
Bookshop/sales;
(D) 
Handicraft/hobby shops including retail sales;
(E) 
Florist;
(F) 
Clothing, retail sales;
(G) 
Musical instrument sales and supplies;
(H) 
Plant nursery, including outdoor display of merchandise;
(I) 
Financial offices: banks, savings and loan, etc.;
(J) 
Cafes, full-service and take-out restaurants and tea rooms (Drive-in restaurants are not permitted);
(K) 
Establishments serving alcoholic beverages;
(L) 
Establishments with dancing and/or entertainment;
(M) 
Delicatessen;
(N) 
Market, food and beverage;
(O) 
Liquor sales;
(P) 
Galleries, art, photographic, etc.;
(Q) 
Art studios and supplies, including artists' joint living and working units, as defined in Chapter 25.16;
(R) 
Outdoor display of merchandise;
(S) 
Pet grooming and supplies store excluding overnight boarding of animals;
(T) 
Residential facility, assisted living;
(U) 
Nursery school;
(V) 
Churches;
(W) 
Bed and breakfast inn, as defined and specified in Chapter 25.22 of this title;
(X) 
Auto parking lot/garage;
(Y) 
Residential care facility, general subject to: (1) no outdoor smoking; (2) fire and building code inspection and compliance; and (3) one thousand feet separation from any other general residential care facility;
(Z) 
Other uses the Planning Commission deems, after conducting a public hearing, to be similar to and no more obnoxious or detrimental to the welfare of the neighborhood than any use listed above.
(Ord. 1134 § 2, 1987; Ord. 1187 § 3, 1989; Ord. 1336 § 7, 1997; Ord. 1346 § 5, 1998; Ord. 1359 § 1, 1999; Ord. 1550 § 14, 2011; Ord. 1575 § 14, 2013; Ord. 1670 § 4, 2022; Ord. 1712, 3/11/2025)
The following may be permitted subject to the granting of an administrative use permit as provided for in Section 25.05.020:
(A) 
Family day care home, large, subject to the following standards:
(1) 
The operator of the facility must be licensed pursuant to Chapter 3.5 or 3.6 of the State Health and Safety Code;
(2) 
A business license shall be obtained in accordance with Chapter 5.08, Business Licenses;
(3) 
No signs identifying the day care facility are permitted other than those permitted pursuant to Section 25.54.010;
(4) 
Parking shall be in compliance with Chapter 25.52;
(5) 
Hours of operation shall be limited to the hours between seven a.m. and seven p.m.;
(6) 
Outdoor play for children shall not begin before nine-thirty a.m.;
(7) 
The facility shall comply with State Fire Marshal fire and life safety standards.
(B) 
Short-Term Lodging as defined and specified in Chapter 25.23.
(Ord. 1134 § 2, 1987; Ord. 1353 § 5, 1999)
The following property development standards shall apply to all land and structures in this zone.
(A) 
Lot Area and Dimension Standards. Parcels shall not be merged together for development purposes that exceed ten thousand square feet.
(B) 
Yard Area, Building Setback, Open Space and Coverage Standards for Nonresidential and/or Mixed Uses.
(1) 
The general provisions of Chapter 25.50 shall apply, except as modified herein.
(2) 
Front Yards. A front yard setback of five feet beyond the sidewalk from the property line shall be provided and maintained on each lot. Said setback shall be used for landscaping, pedestrian access or similar pedestrian facilities, accessible to the general public.
(3) 
Side Yards. There shall be a minimum side yard setback of two and one-half feet from each property line for both commercial and residential development; this setback, however, may be combined to establish only one side yard in which case the setback shall be no less than five feet. If the side lot line, however, abuts a different zone, the side yard shall be at least equal to the minimum side yard required for that zone.
(4) 
Rear Yards. No requirement, unless the rear lot line abuts a residential zone, in which case the rear yard shall be at least equal to the minimum rear yard required for that zone.
(5) 
Open Space Requirements. Open space shall equal twenty-five percent of the nonresidential gross floor area, exclusive of parking and driveways, which area may be used for the purposes outlined in Chapter 25.50. This open space is in addition to that required for residential uses and subject to the standards outlined in Chapter 25.50.
(C) 
Yard area, building setback, open space and coverage standards for residential uses shall be determined by the design review board, except as stipulated in subsection (B)(3) above.
(D) 
Fences, Walls. The provisions of Section 25.50.012 shall apply.
(E) 
Design Review. All buildings, structures and improvements are subject to design review as provided in Section 25.05.040.
(F) 
Building Height Standards. The following building height limits represent the maximum heights permitted and may be reduced as determined appropriate by the design review authority.
(1) 
The height of any building shall not exceed the applicable height limits shown below measured vertically to any point along the applicable reference line that creates a horizontal plane longitudinally over the entire lot:
Rear Lot Line Above Street
(slope in percent)
Height Permitted Above Rear Lot Line Elevation
(at every point along the rear lot line)
0 to 5
22 ft.
5+ to 10
17 ft.
over 10
12 ft.
Through Lot
(slope in percent)
Height Permitted Above Upper Curb or Street Elevation
0 to 5
25 ft.
5+ to 10
22.5 ft.
Over 10
20 ft.
Rear Lot Line Below Street
(slope in percent)
Height Permitted Above Upper Curb or Street Elevation
0 to 5
25 ft.
5+ to 10
22.5 ft.
Over 10
20 ft.
(2) 
The height of any building (per the building height definition in Municipal Code Section 25.08.016) shall not exceed thirty-six feet, including parking garage floor levels with access ramps located outside the structure's ground floor footprint. Notwithstanding the building height definition Exception (4) this thirty-six foot height limit shall include roof chimneys, vents, mechanical equipment, mechanical enclosure, elevator shafts, stairways and other such structural elements required for the operation of the building. Per the building height definition, subterranean floors are exempt from the height measurement limit.
(3) 
The provisions of Section 25.50.004(D) pertaining to additional building setbacks shall apply to the front and rear setbacks.
(4) 
Notwithstanding the front lot line definition and exception process of Section 25.08.022, the front lot line shall be the property line abutting the most primary or highest capacity road classification.
(G) 
Parking Garage Setbacks, Entrances and Standards. Parking lots and any portion of a parking garage structure built at or above the exterior natural or finish grade elevation, whichever is lower, shall adhere to the yard setbacks specified in this zone. Parking garage floor levels built below the exterior natural or finish grade elevation, whichever is lower, may be built to the property lines provided a landscape/hardscape plan is provided and approved by the design review authority addressing the above grade areas within the required above grade setbacks. Subterranean parking garage levels shall be designed to accommodate the growth of street trees. Notwithstanding the above language, no subterranean parking garage level(s) shall be allowed within the required bluff top setback area.
Parking garage accessways or entrances shall be designed to diminish their impacts by minimizing their size and architecturally integrating amenities, such as gates, landscaping and special paving, and their placement shall maximize pedestrian safety.
See the provisions of Chapter 25.52 for additional parking requirements.
(H) 
Access and Improvement Standards. The provisions of Chapter 25.53 shall apply.
(I) 
Signs. The provisions of Chapter 25.54 shall apply.
(J) 
Loading Space. One loading space, ten feet by twenty feet accessible from a public way, shall be provided for each commercial site that requires seven or more on-site parking spaces or as required as a condition of granting a conditional use permit.
(K) 
Trash and Outdoor Storage Areas. Areas for trash or outdoor storage shall be provided for each use, and such areas shall be enclosed and architecturally screened in such a manner as to conceal all trash or stored material from public view.
(L) 
Landscaping. Landscaping shall be provided subject to design review approval.
(Ord. 1134 § 2, 1987; Ord. 1187 § 3(4), 1989; Ord. 1489 § 1, 2008; Ord. 1524 § 2, 2010)
Due to existing and historical patterns of commercial development and proximity to single-family residential development, it is necessary and desirable to establish additional requirements as follows for the commercial area generally located on South Coast Highway adjacent to the Three Arch Bay zone, depicted on the map labeled Exhibit A incorporated within this section by reference (where inconsistencies arise in reference to other sections of this chapter, this section shall apply to the Three Arch Bay commercial area):
(A) 
Uses Permitted. Buildings, structures and land shall be used, and buildings and structures shall hereafter be erected, designed, structurally altered or enlarged only for the following purposes, conducted entirely within an enclosed building:
(1) 
Medical or dental offices and clinics;
(2) 
Business and professional offices;
(3) 
Financial offices: banks, savings and loan, etc.
(B) 
Uses Permitted Subject to a Conditional Use Permit. The following uses may be permitted subject to the granting of a conditional use permit as provided in Section 25.05.030:
(1) 
Retail uses which are ancillary to uses permitted in Section 25.18.010(A) above;
(2) 
Automobile service stations, provided that all sales and service other than gasoline and oil dispensing shall be conducted and confined within closed buildings. Furthermore, no tire retreading or recapping, battery rebuilding or manufacture, steam cleaning or painting shall be permitted;
(3) 
Other uses the planning commission deems, after conducting a public hearing, to be similar to and no more obnoxious or detrimental to the welfare of the neighborhood than any use listed above.
(C) 
Parking Lot Setback. The provisions of Chapter 25.52 shall apply, except that setbacks for parking lots shall be as follows: ten feet from ultimate right-of-way, sidewalk, alley or adjacent building; twenty-five feet from Coast Highway.
(D) 
Landscaping. Landscaping, as required, shall be provided in accordance with the community design and landscape guidelines as adopted by Resolution No. 89-104 or as amended thereafter.
(Ord. 1187 § 3(7), 1989)