The Commercial Planned Development (CPD) Zone is established to allow diversification in the relationship of various structures and open spaces in order to be relieved of the rigid standards of conventional zoning. The CPD Zone can provide commercial and professional service uses on one land parcel with assurances that consistency and aesthetic criteria will be met.
It is further found that the CPD Zone will provide for a more efficient and desirable use of land which is sufficiently unique in its physical characteristics to warrant special methods of development. It is recognized that the City is limited in land area for the commercial development of major commercial projects, and the CPD Zone is created to protect and provide for major shopping outlets for its citizens.
(Ord. 159, § 44.01; Ord. 239, § 1)
Premises in the Commercial Planned Development (CPD) Zone may be used for the following principal uses provided a conditional use permit is first obtained as provided in Article 17 by the person or organization proposing to operate the business:
(a)
Retail shopping uses, provided greater than 50% of the gross revenues of the establishment are derived from sales subject to sales tax as defined in California Revenue and Taxation Code Section 6003. Such uses would include:
(1)
Restaurants with enclosed eating areas, including on-site sale of alcoholic beverages;
(2)
Department stores;
(3)
Office and school supply stores;
(4)
Building and lumber materials stores;
(5)
Hardware stores;
(6)
Limited price variety stores;
(7)
Photo equipment and supply stores;
(8)
Sales of alcoholic beverages for consumption off the premises, provided that such use complies with the following criteria:
(9)
Appliance stores;
(10)
Shoe stores;
(11)
Music and record stores;
(12)
Auto part and supply stores, provided no repair work is done on the premises;
(13)
Jewelry stores;
(14)
Stationery and book stores;
(15)
Household and home furnishings stores;
(16)
Sporting goods stores;
(17)
Florist shops;
(18)
Gift, art and novelty stores;
(19)
Indoor swap meet, provided that such use complies with the following criteria:
(i)
The indoor swap meet use shall be allowed only as an incidental use within the floor area of a major anchor tenant. The major anchor tenant, as defined in Section 9-2.414, shall be a retail store having at least 20,000 square feet,
(ii)
No more than 5% of the usable floor area of the major anchor tenant shall be occupied by an indoor swap meet,
(iii)
All retail sales shall be conducted solely within designated leasable vendor booth spaces. Vendor booth spaces shall be located exclusively indoors,
(iv)
No merchandise or obstruction related to the swap meet vendors shall be located outside permanent vendor spaces,
(v)
Vendor booth spaces shall be maintained as delineated on a master floor plan which specifically identifies the location and square footage of each leasable booth area,
(vi)
Only one tenant per vendor booth space shall be allowed,
(vii)
Only retail uses are permitted,
(viii)
A City business license shall be obtained by each tenant operating a booth space which shall be displayed in a conspicuous place within the booth space;
(20)
Other similar uses which the City Council finds to be substantially similar to the above enumerated uses and which will not be more obnoxious or materially detrimental to the public welfare than the above delineated uses, and more than 50% of the gross revenues of which will be derived from sales subject to sales tax as defined in California Revenue and Taxation Code Section 6003.
(b)
Notwithstanding the foregoing, any use permitted as a principal use in the Service and Professional (C-S-P) Zone shall not require a conditional use permit but the business conducting the use shall be subject to paying the business license tax as set forth in Subsection (b) of Section 3-1.604, as may be amended.
(c)
Markets, grocery stores and supermarket food stores, containing standard additional departments, e.g., hardware, household, liquor sales, toilet articles, etc. Markets, grocery stores and supermarket food stores that have a gross floor area of at least 5,000 square feet may have the following incidental uses, subject to these restrictions:
(1)
A bank provided the bank does not occupy more than 2% of the gross floor area. For purposes of this section, an automated teller machine (ATM) by itself and not in conjunction with other banking services, shall not constitute a bank. However, if other banking services are provided so as to qualify as a bank under this section, the floor area used in connection with the ATM shall be counted toward the total amount of floor area that may be devoted to the bank.
(2)
Incidental cooking and preparation of baked goods, ready-to-eat food products, and hot foods, provided that such use or uses and any related seating area does not exceed the lesser of the following two restrictions: (i) 2,000 square feet; or (ii) 4% of the gross floor area of the market, grocery store or supermarket.
(3)
The total amount of floor area of a market, grocery store or supermarket that may be devoted to incidental uses as permitted in this section shall not exceed 10% of the gross floor area of the market, grocery store or supermarket.
(d)
Full line drug stores containing standard additional departments, i.e., photo supplies, paper products, liquor sales, notions, etc.
(e)
Wireless telecommunication facility sites, antennas and monopoles, in accordance with the development standards contained in Article 42 of this chapter.
(f)
Nightclub.
(g)
Ice manufacturing.
(Ord. 159, § 44.03; Ord. 259, § 1; Ord. 262, § 1; Ord. 385A, § 7; Ord. 385, § 7; Ord. 531, § 6; Ord. 575, § 9; Ord. 576, § 4; Ord. 591, § 5; Ord. 641, § 7; Ord. 686, § 8; Ord. 693, § 9; Ord. 07-718, § 7; Ord. 08-735, § 5; Ord. 22-932, § 6; Ord. 22-934U, § 6)
(a)
Generally. No development shall take place on premises in the Commercial Planned Development (CPD) Zone unless a confidential use permit has first been granted with the following findings:
(1)
The project satisfied the standard findings for approval of a conditional use permit contained in Article 17 of this chapter; and
(2)
The project is to be part of a comprehensive coordinated development project of at least six acres in size. This finding required in this paragraph (2) shall not apply to the establishment of a new use in an existing development for which a conditional use permit authorizing a comprehensive development has already been granted under this chapter.
(Ord. 159, § 44.02; Ord. 239, § 1; Ord. 469, § 1; Ord. 07-718, § 8)
Premises in the Commercial Planned Development (CPD) Zone may be used for the temporary uses set forth in Section 9-2.4002 of Article 40 of this chapter subject to approval of a temporary use permit pursuant to Article 40 of this chapter.
(Ord. 13-795, § 15)
Premises in the Commercial Planned Development (CPD) Zone shall be subject to the following development standards in addition to those standards set forth in Articles 6 through 15 of this chapter:
(a)
Lot Area. Each lot or parcel of land created after November 16, 1991, shall have a minimum lot area of not less than two hundred sixty-one thousand three hundred sixty (261,360) square feet or six acres.
(b)
Lot Width. Each lot or parcel of land shall have a lot width determined by the Commission to be compatible and harmonious with the proposed development of the conditional use permit and in no event less than 200 feet.
(c)
Setbacks. The following setback requirements shall apply:
(1)
Front Setbacks. The front setback shall be a minimum of 40 feet.
(2)
Side Setbacks. Each lot or parcel of land shall have a setback of not less than 15 feet in width. Between buildings 1/2 aggregate height of two buildings.
(3)
Rear Setbacks. Each lot or parcel of land which has a rear lot line adjoining property in a residential or agricultural zone shall have a rear yard setback of not less than 30 feet in depth.
(d)
Off-Street Parking. Each lot or parcel of land shall have off-street parking and loading facilities as prescribed in Article 11 (Off-Street Parking and Loading).
(e)
Signs. Each lot or parcel of land may have signs pursuant to the provisions of Article 12 (Signs).
(f)
Site Development (Buildings). All buildings shall be treated as four sided structures with aesthetic consideration given to the whole structure (back and sides as well as front).
(g)
Outside Display. All display, services and storage shall be located wholly within an enclosed building.
(h)
Walls. Each development shall have a masonry wall, whose composition and design shall be approved by the Planning Commission, not less than six feet in height, along each side of the lot which adjoins property with a zone designation other than CPD. The Planning Commission shall prescribe in the conditional use permit required by this article the requirements which shall be applied to each lot line adjoining property with a CPD Zone designation, which requirements shall be developed for the purpose of facilitating automobile and pedestrian traffic between adjoining CPD developments.
(i)
(j)
Trash Enclosures. All new developments or modifications to existing developments in the Commercial Planned Development (CPD) Zone shall provide a trash enclosure area that complies with all of the following criteria:
(1)
The trash enclosure shall either be incorporated into the interior of the building or be constructed outside of the building and be constructed of decorative block walls at least six feet (6′-0″) in height. The block walls shall be constructed with or composed of split face, slump stones, stucco finish or other similar materials, and the exterior walls of the trash enclosure shall be screened with either creeping vines or shrubs.
(2)
The trash enclosure shall include solid screened gates, which shall remain closed at all times other than as necessary for ingress and egress to the trash container.
(3)
The trash enclosure area shall be constructed with a solid roof structure and provide for downspouts that direct water runoff towards a landscaped area.
(4)
All trash containers shall be placed within the trash enclosure area, and the trash enclosure area shall be kept clean and free of debris and maintained properly.
(5)
The trash enclosure area shall provide a six-inch (6″) raised curb along the inside of the trash enclosure, except across the opening of the trash enclosure area.
(6)
If an adjacent property is utilized or zoned for residential purposes, trash enclosures shall be set back a minimum of ten feet (10′) from the property line abutting the adjacent property.
(7)
All trash enclosure areas shall comply with the City's Storm Water Management and Discharge Control Ordinance and the City's NPDES (National Pollution Discharge Elimination System) permit, as amended from time to time, and as determined by the City Engineer.
(k)
Air Conditioner Unit(s). The installation, placement and location of air conditioner unit(s), including window, wall and rooftop units, shall comply with the following standards:
(1)
Window and wall air conditioning units shall not be located: (i) in or facing the front yard; or (ii) in or facing a side yard of a corner lot that is adjacent to a street.
(2)
Rooftop air conditioner units shall be screened from public view with a parapet wall or other screening structure and which is designed to match the existing roof architecture, color and materials to the maximum extent practicable.
(Ord. 159, § 44.04; Ord. 239, § 1; Ord. 262, § 2; Ord. 469, § 2; Ord. 07-711, §11; Ord. 07-723, § 9; Ord. 09-751, § 14)
The initiation of, or petition for a reclassification shall be as set forth in Article 16 of this chapter.
(Ord. 159, § 44.05; Ord. 239, § 1)
(a)
Single Ownership. Any application for a reclassification to the Commercial Planned Development (CPD) Zone should relate to property which is under singular ownership or control so as to avoid conflict in the development.
(b)
Preliminary Applications. The purpose of a preliminary application is to allow the City staff to review and make recommendations and to consider the feasibility of the project. The application for a conditional use permit shall include the following information for the City staff review and analysis prior to the presentation to the Commission public hearing:
(1)
The proposed street layout;
(2)
The dedication areas proposal;
(3)
The existing land uses for the zone;
(4)
The listing of differences between the zoning regulations and the proposed plan;
(5)
The detailed density evaluation;
(6)
The proposal of the building types, sizes, and physical components;
(7)
The preliminary report of facilities for sewerage, utility requirements, and the like;
(8)
The parking layout;
(9)
The circulation layout;
(10)
The building locations;
(11)
The elevations of the proposal;
(12)
The samples of materials to be used;
(13)
The open area definition and description;
(14)
The fencing and screening;
(15)
The subdivision map if the property tax is to be divided; and
(16)
The time phasing of the development progressive completion.
(c)
Public Hearings. The City staff shall prepare recommendations, and the matter shall be set for a public hearing within 31 days after the filing of such information with the City.
(Ord. 159, § 44.06; Ord. 239, § 1)
The Commission shall make the following findings before approving an application for a reclassification to the Commercial Planned Development (CPD) Zone:
(a)
That the owner can commence substantial construction within 12 months;
(b)
That the project conforms to the General Plan;
(c)
That any noncommercial uses are properly located;
(d)
That the traffic systems will handle the anticipated flow; and
(e)
That the commercial development is in conformance with the standards of the City.
(Ord. 159, § 44.07; Ord. 239, § 1)
