Note:
Auto Glass Installation Within Enclosed Building. Approved in this District by Res. 2549.
Automatic Laundry—approved by Res. 465.
Bakery, Retail—approved by Res. 2353.
Sign Painting Shop—approved by Res. 1078.
This zone is intended for the local retail business and commercial needs of the city, including certain highway-related uses and limited residential uses, maintaining a design character in keeping with the intent, purpose and guidelines of Section 25.05.040. It is intended to implement the applicable provisions of the general plan, as amended from time to time.
(Ord. 209, 1940; Ord. 810 § 1, 1974; Ord. 1223 § 1, 1991)
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:
(A) 
Stores or shops for retail business, and any of the following uses, all conducted entirely within an enclosed building, with the exception that the sale or dispensing of alcoholic beverages for off-premises consumption shall be prohibited within two hundred yards of Main Beach. (See map "A").
(1) 
Bakery, retail, wherein all bakery goods are baked on the premises, and are sold at retail on the premises,
(2) 
Barbershops, beauty parlors, chiropody or similar personal service shops,
(3) 
Cafés, full-service restaurants and tearooms not serving alcoholic beverages and with no dancing or entertainment,
(4) 
Handicraft shops,
(5) 
Laundry, self-service and where there are no outside drying lines,
(6) 
Market, food and beverage,
(7) 
Photographic galleries,
(8) 
Theaters;
(B) 
Any of the following uses, not necessarily within an enclosed building:
(1) 
Automobile parking lot for the convenience of customers, patrons and employees of other permissible uses on the same site,
(2) 
Greenhouses and plant nurseries,
(3) 
Full-service restaurants or cafes for the serving of meals and refreshments other than alcoholic beverages to customers at tables in the open, in connection with a café or full-service restaurant which is operated within a building.
(Ord. 1252 § 2, 1992; Ord. 1359 § 3, 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.
(Ord. 1353 § 7, 1999)
The following uses may be permitted subject to the granting of a conditional use permit as provided for in Section 25.05.030:
(A) 
Automobile service stations; provided that all sales and service other than gasoline and oil dispensing shall be conducted and confined within enclosed buildings. Furthermore, no tire retreading or recapping, battery rebuilding or manufacture, steam cleaning or painting shall be permitted;
(B) 
Automobile, motorized bicycle and bicycle repair facilities; provided, that all activities are conducted within an enclosed building;
(C) 
Cafés, full-service restaurants and dining rooms serving alcoholic beverages and/or providing entertainment to customers;
(D) 
Churches;
(E) 
Commercial automobile parking lots and structures;
(F) 
Take-out restaurants, with indoor and/or outdoor seating only as authorized under the conditional use permit;
(G) 
Drive-in restaurants;
(H) 
Establishments for the sale of alcoholic beverages for consumption on the premises and/or providing entertainment to customers;
(I) 
Hospitals and extended care facilities;
(J) 
Hotels and motels, excluding those devoted to time-share uses, limited to one room or suite for each six hundred square feet of land area. No added residential density shall be allowed. Hotel units may include kitchen facilities when approved as part of a conditional use permit. The conditional use permit shall formally establish the number of units permitted to have kitchen facilities and the permitted type and extent of kitchen facilities. All hotel units may include refrigeration facilities;
(K) 
Massage establishments;
(L) 
Recreation facilities, all;
(M) 
Public and private schools;
(N) 
Temporary arts and crafts festivals and sales, either within buildings or open-air, limited to not more than sixty days' duration;
(O) 
Trailers occupied for uses other than habitation;
(P) 
Commercial home occupation, subject to the standards in Chapter 25.08, Definitions and Standards;
(Q) 
Outdoor display of merchandise, subject to the following conditions:
(1) 
Required parking is not reduced by the display,
(2) 
All display is confined to ground or street floor level on the site,
(3) 
Every portion of a lot used for outdoor displays shall be considered as a part of the gross floor area in use, except where vehicles are displayed for sale or rent,
(4) 
Location of another activity utilizing outdoor display of merchandise within one thousand feet may be grounds for denial of a conditional use permit;
(R) 
Car washes;
(S) 
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;
(T) 
The following uses may be permitted subject to the granting of a conditional use permit as provided in Section 25.05.030 and shall not exceed fifty percent of the gross floor area of the entire structure and shall be located above the ground floor level:
(1) 
Business colleges,
(2) 
Custom dressmaking, millinery, tailoring, shoe repairing and similar trades,
(3) 
Lodges, fraternities and sororities, with no living accommodations,
(4) 
Medical and dental clinics and treatment rooms,
(5) 
Musical, theatrical and dancing schools,
(6) 
Nursery schools,
(7) 
Offices, business and professional,
(8) 
Paint, paper hanging, decorating, carpentry, plumbing, electrician, reupholstering and handyman shops, all of a neighborhood service and repair nature and with no open storage of materials or equipment,
(9) 
Philanthropic and charitable institutions other than those of a correctional nature,
(10) 
Private clubs (not including nightclubs), with no living accommodations, except for one caretaker unit,
(11) 
Sign painting, not including the business of sign manufacturing,
(12) 
Studios, except for producing motion pictures,
(13) 
Utility offices, exchanges and substations,
(14) 
Residential uses, subject to the following minimum conditions:
(a) 
It shall meet the density provisions and yard and open space provision of the R-3 zone,
(b) 
It shall be designed as a part of a commercial development, and shall not exceed fifty percent of the gross floor area used for commercial activities, exclusive of parking,
(15) 
Residential housing, special needs, and
(16) 
Such uses as the planning commission may deem, after public hearing, to be similar to and no 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 § 2, 1992; Ord. 1320 § 3, 1996; Ord. 1359 § 3, 1999; Ord. 1485 § 6, 2008; Ord. 1550 § 16, 2011; Ord. 1575 § 16, 2013)
The following property development standards shall apply to all land and structures in the C-1 zone:
(A) 
Lot Area and Dimension Standards. No requirements.
(B) 
Design Review. All building structures and improvements are subject to design review as provided for in Section 25.05.040.
(C) 
Yard Area, Building Setback, Open Space and Coverage Standards.
(1) 
The general provisions of Chapter 25.50 shall apply, except as modified herein.
EXAMPLE:
-Image-11.tif
(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.
(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 required for that zone. See additional rear yard requirements in Sections 25.50.004(D) and 25.50.008(E) of this title.
(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 Section 25.20.008(C)(2). This open space is in addition to that required for residential uses and subject to the standards outlined in Section 25.50.010.
(6) 
Space Between Buildings. No requirement, except as required by design review.
(7) 
Fences, Walls. The provisions of Section 25.50.012 of this title shall apply.
(D) 
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
(at every point along the rear lot line)
0 o 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 o 5
30 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 o 5
30ft.
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-six feet, including parking garage floor levels with access ramps located outside the structure's ground floor footprint. 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.
(E) 
Parking Garage Setback, 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.
(F) 
Access and Improvement Standards. The provisions of Chapter 25.53 shall apply.
(G) 
Signs. The provisions of Chapter 25.54 shall apply.
(Ord. 209, 1940; Ord. 431, 1958; Ord. 572, 1966; Ord. 632, 1969; Ord. 641, 1970; Ord. 810 § 1, 1974; Ord. 832 § 12, 1975; Ord. 1054 § 4, 1983; Ord. 1187 § 3(4), 1989; Ord. 1223 § 1, 1991; Ord. 1489 § 3, 2008; Ord. 1524 § 4, 2010)