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;
(D) Business and professional offices;
(E) Interior design services;
(F) Laundry and/or dry cleaning establishments (coin- or attendant-operated);
(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;
(N) Commercial home occupations, subject to the standards in Section
25.08.016.
(Ord. 1134 § 2, 1987; Ord. 1550 § 13, 2011; Ord. 1575 § 13, 2013)
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;
(D) Handicraft/hobby shops including 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;
(N) Market, food and beverage;
(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;
(W) Bed and breakfast inn, as defined and specified in Chapter
25.22 of this title;
(Y) 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.
(Z) 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;
(AA) Residential care facility, small unlicensed subject to: (1) no outdoor
smoking; (2) fire and building code inspection and compliance; and
(3) maximum occupancy of six persons;
(BB) 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.
(CC) Residential housing, special needs; and
(DD) 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)
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:
(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)