This zone is intended to serve the shopping and commercial service needs of local residents. Principal activities are commercial retail functions, service oriented businesses, office/professional uses, and limited residential uses. The commercial-neighborhood zone differs from the local business-professional zone in that it features a stricter orientation to resident-serving businesses and greater limitations on residential uses.
(Ord. 1147 § 2, 1988; Ord. 1285 § 3, 1994)
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 unless otherwise noted:
(A) 
Art galleries, studios and supplies;
(B) 
Bakery, retail, wherein bakery goods may be baked on the premises and are sold at retail on the premises;
(C) 
Book shop/sales;
(D) 
Business and professional offices;
(E) 
Cafés, full-service restaurants, delicatessens and tea rooms with or without outdoor seating not serving alcoholic beverages. (Drive-in restaurants are not permitted);
(F) 
Clothing, shoes, retail sales;
(G) 
Collectable shops;
(H) 
Drug stores/pharmacy;
(I) 
Financial offices: banks, savings and loan, etc.;
(J) 
Florist including outdoor display;
(K) 
Furniture and antique sales, including home furnishings;
(L) 
Handicraft/hobby shops, including retail sales;
(M) 
Interior design services/home decorating studios;
(N) 
Jewelry stores;
(O) 
Laundry and/or dry-cleaning establishments (coin-operated or attendant-operated);
(P) 
Market/grocery store;
(Q) 
Medical or dental offices or clinics;
(R) 
Musical instrument sales and supplies;
(S) 
Packaging and/or postal services;
(T) 
Paper reproduction or copy services;
(U) 
Personal service shops (barber/beauty, etc.);
(V) 
Pet grooming and supplies, excluding overnight boarding of animals;
(W) 
Photographers, photo processing and photographic galleries;
(X) 
Philanthropic and charitable institutions other than those of a correctional nature;
(Y) 
Records, video and audio tapes, retail sales and rentals;
(Z) 
Retail or service businesses primarily serving needs of local residents;
(AA) 
Retail supply stores, including, but not limited to, toys, yardage, hardware, paint, auto parts, plumbing, sporting goods, appliances, garden supplies, etc., all of a neighborhood scale and orientation with no open storage of materials or equipment;
(BB) 
Specialty foodstores, retail;
(CC) 
Trade services: custom dressmaking, shoe repair, tailor, clock repair, electric appliance repair, etc.
(Ord. 1147 § 2, 1988; Ord. 1187 § 3(8), 1989; Ord. 1285 § 3, 1994; Ord. 1359 § 2, 1999)
The following may be permitted subject to the granting of an administrative use permit as provided for in Section 25.05.020 of this title:
(A) 
Short-term lodging as defined and specified in Chapter 25.23 of this title.
(Ord. 1353 § 6, 1999)
The following uses may be permitted subject to the granting of a conditional use permit as provided in Section 25.05.030. The existing balance of resident-serving uses in the same vicinity and zone shall be a consideration when reviewing conditional use permit applications.
(A) 
Automobile service stations and mini-markets, provided that all sales and service other than gasoline and oil dispensing shall be conducted and confined within enclosed buildings;
(B) 
Cafés, full-service restaurants, delicatessens and tea rooms with or without outdoor seating serving alcoholic beverages (drive-in restaurants are not permitted);
(C) 
Take-out restaurants, with indoor and/or outdoor seating only as authorized under the conditional use permit;
(D) 
Car wash;
(E) 
Health clubs;
(F) 
Hotels and motels;
(G) 
Outdoor display of merchandise;
(H) 
Plant nursery, including outdoor display of merchandise;
(I) 
Residential uses (excluding time shares) as an integral part of commercial development, but limited to not more than fifty percent of the gross floor area and there shall be at least two thousand square feet of lot area for each dwelling unit;
(J) 
Veterinary clinics, including overnight boarding for care;
(K) 
Liquor sales;
(L) 
Artists' joint living and working units, as defined in Chapter 25.16;
(M) 
Extended care facility;
(N) 
Residential care facility, general as an integral part of commercial development, but limited to not more than fifty percent of the gross floor area and there shall be at least two thousand square feet of lot area for each dwelling unit 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;
(O) 
Residential care facility, small unlicensed as an integral part of commercial development, but limited to not more than fifty percent of the gross floor area and there shall be at least two thousand square feet of lot area for each dwelling unit subject to: (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, as an integral part of commercial development, but limited to not more than fifty percent of the gross floor area and there shall be at least two thousand square feet of lot area for each dwelling unit subject to: (1) no outdoor smoking, (2) fire and building code inspection and compliance, and (3) maximum occupancy of six persons; and
(Q) 
Residential housing, special needs; as an integral part of commercial development, but limited to not more than fifty percent of the gross floor area and there shall be at least two thousand square feet of lot area for each dwelling unit; and
(R) 
Other uses the planning commission deems, after conducting a public hearing, to be similar to and no more obnoxious or detrimental to the public, health, safety and welfare of the neighborhood than any use listed above. Such uses shall be inclusive of uses expressly allowed in the C-1 zone, but shall not include those uses listed exclusively as industrial or light industrial uses in the M-1 or M-1A zones.
(Ord. 1147 § 2, 1988; Ord. 1187 § 3(8), 1989; Ord. 1285 § 3, 1994; Ord. 1294 § 2, 1995; Ord. 1359 § 2, 1999; Ord. 1550 § 15, 2011; Ord. 1575 § 15, 2013)
When any portion of this zone is located within the Commercial/Tourist Corridor designation of the Land Use Plan, uses are permitted as specified in Sections 25.19.002, 25.19.004, and 25.19.006 except for the following uses which are subject to the granting of a conditional use permit as provided in Section 25.05.030 and further provided that in any case, the use shall not exceed fifty (50) percent of the gross floor area of the entire structure and shall be located above the ground floor level.
(A) 
Financial offices: banks, savings and loan, etc.;
(B) 
Packaging and/or postal services;
(C) 
Paper reproduction or copy services;
(D) 
Pet grooming and supplies, excluding overnight boarding of animals;
(E) 
Trade services: custom dressmaking, shoe repair, tailor, clock repair, electric appliance repair, etc.
(F) 
Such other uses as the planning commission may deem, after public hearing, to be similar to and not more obnoxious or detrimental to the welfare of the neighborhood in which it is located than any use listed above. (This does not mean to include any type of use which is specifically relegated to or prohibited in the M-1 or M-1A zones.)
(Ord. 1252, 1992)
The following property development standards shall apply to all land and structures in this zone.
(A) 
Lot Area and Dimension Standards. No requirements.
(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 open space equal to five feet times the lot frontage shall be provided and maintained on each lot. Said open space shall be used for landscaping, pedestrian access or similar pedestrian facilities, accessible to the general public. Said open space may be used for open-air seating areas to serve adjacent interior restaurant uses. Walls not higher than four feet may be erected within said open space, as approved by design review. The dimension parallel to the front lot line must exceed the dimension perpendicular to the front lot line.
(3) 
Side Yards. No requirement, unless the side lot line abuts a different zone, in which case the side yard shall be at least equal to the minimum required for that zone; if the side lot line abuts a street or alley, the setback shall be a minimum of five feet.
(4) 
Rear Yards. No requirement, unless the rear lot line abuts a different zone, in which case the rear yard shall be at least equal to the minimum rear yard required for that zone; if the rear lot line abuts a street or alley, the setback shall be a minimum of five feet.
(5) 
Open Space Requirements.
(a) 
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 subsection (B)(2) of this section. This open space is in addition to that required for residential uses and in conformance with the standards outlined in Section 25.50.010.
(b) 
Additional open space shall be provided for residential uses equaling a minimum of forty percent of the total gross living areas.
(c) 
All open space requirements are subject to the standards of Section 25.50.010.
(6) 
Space Between Buildings. No requirement, except as required by design review.
(C) 
Fences and Walls. The provisions of Section 25.50.012 shall apply.
(D) 
Design Review. All buildings, structures and improvements are subject to design review as provided in Section 25.05.040.
(E) 
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
27 ft.
5+ to 10
25 ft.
Over 10
20 ft.
Rear Lot Line Below Street
(slope in percent)
Height Permitted Above Upper Curb or Street Elevation
0 to 5
27 ft.
5+ to 10
25 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 feet and two floors, including parking garage floor levels with access ramps located outside the structure's ground floor footprint. Notwithstanding the building height definition Exception (4), the thirty-foot height limit shall include roof chimneys, vents, mechanical equipment, mechanical enclosures, 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. Subterranean floors shall also be exempt from the two floor 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.
(F) 
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.
(G) 
Access and Improvement Standards. The provisions of Chapter 25.53 shall apply.
(H) 
Access From Streets. For lots which possess frontage on Coast Highway and another street, the design review board may require secondary or sole access to be provided from the secondary street as determined appropriate for proper circulation.
(I) 
Signs. The provisions of Chapter 25.54 shall apply.
(J) 
Loading Space. Loading spaces shall be provided as required by the design review board.
(K) 
Trash and Outdoor Storage Areas. Areas for trash or outdoor storage shall be provided. Such areas shall be enclosed and architecturally screened in such a manner as to conceal all trash or stored material from public view and shall be subject to approval by the design review board.
(L) 
Landscaping. Landscaping shall be provided subject to design review approval.
(Ord. 1147 § 2, 1988; Ord. 1187 § 3(4), 1989; Ord. 1285 § 3, 1994; Ord. 1434 § 6, 2003; Ord. 1489 § 2, 2008; Ord. 1524 § 3, 2010)
Areas within the commercial-neighborhood zone are usually located in close proximity to residential areas and frequently share a functional and/or visual relationship with these areas. It is therefore necessary for special attention to be placed on the compatible design and orientation of development in the commercial-neighborhood zone. The following performance standards shall be used for the purpose of evaluating the development proposals in the commercial-neighborhood zone. The standards are general in nature and are to be applied on a site-specific basis. They are intended to serve as a guide for achieving proper design and to supplement other design criteria used by the design review board.
(A) 
New development shall be designed to be compatible with nearby residential areas. This shall involve preservation of the character and integrity of residential areas and maintaining an appropriate visual and functional interrelationship between residential and commercial uses. Potentially intrusive design elements such as traffic circulation and light and glare shall be designed to avoid interference with the residential environment.
(B) 
The height, scale, mass and bulk of buildings shall not be overbearing in relation to nearby residential structures. Height, scale, mass and bulk shall also be a function of their proximity to residential structures, with buildings in close proximity made to adhere to a similar scale of development. Potential view impediments shall also be considered.
(C) 
Architectural styles and features shall be compatible with and complimentary to nearby residential structures to the extent commercial and residential structures share a visual relationship. Rooflines shall be compatible with the historic character of the surrounding area; gabled roofs are encouraged adjacent to the South Laguna Village Community zone.
(D) 
Landscaping shall be utilized and designed to help make commercial development more compatible with nearby residential areas to the extent practicable.
(E) 
Commercial signage shall be designed so as not to interfere with residential areas. This shall involve the lighting, location, orientation and size of signs.
(Ord. 1147 § 2, 1988; Ord. 1187 § 3(4), 1989; Ord. 1285 § 3, 1994)