City of Escondido, CA COMMERCIAL ZONES

Purpose of this article. The commercial zones are intended to implement development and operation of commercial areas for retail and service establishments, neighborhood convenience, and office uses required by residents of Escondido in a manner consistent with the general plan.

Purpose of individual commercial land use districts.

General commercial (CG) zone. The general commercial (CG) zone is established to provide for the community's general commercial needs. This zone is used in areas where a wide range of retail, office, service establishments, and other uses not suitable for residential zones but less intensive than industrial uses, are needed to accommodate the surrounding community.

Neighborhood commercial (CN) zone. The neighborhood commercial (CN) zone is established to provide a shopping center for the sale of convenience goods and personal services for day-to-day living needs, and provide a neighborhood/community activity center. The uses and structures allowed and the standards of development are designed to protect the adjacent residential zones, promote orderly development and avoid traffic congestion within the neighborhood. No land area shall be classified into this zone where such classification would create a zoned CN area of less than one acre or larger than five acres and may be required to be located on an intersection of improved collectors and/or major roads and/or prime arterials as shown on the adopted circulation plan of Escondido. Neighborhood commercial zones shall be separated by at least one mile from any other commercial center or zone.

Professional commercial (CP) zone. The professional commercial (CP) zone is established to provide for the development of certain business and professional offices, medical services, medically related retail, legal services and related support-type uses in locations where such uses can conveniently serve the public.

Planned development (PD) zone. The planned development (PD) zone is established to encourage the comprehensive site planning and building design in a creative approach through variation in the siting of buildings and the appropriate mixing of land uses and activities. Planned development zoning is subject to Article 19 of the Escondido zoning code and applies to properties zoned Planned Development-Commercial (PD-C), Planned Development-Neighborhood Commercial (PD-CN), Planned Development-Office (PD-O) and Planned Development-Mixed Use (PD-MU).

Interim development standards for properties located in the hospital professional (HP) zone.

Properties located in the hospital professional (HP) zone identified on the city of Escondido adopted zoning map shall be governed by the standards of the professional commercial (CP) zone.

(Ord. 97-02, § 2 Exh. A, 1-22-97; Ord. No. 2014-15, § 4, 8-13-14)

§ 33-331 General plan compatibility matrix.

Table 33-331 shows the general plan designation corresponding to the commercial zoning district designations.

Table 33-331
Zoning	Corresponding General Plan Designations
General Commercial (CG)	General Commercial (GC)
Neighborhood Commercial (CN)	General Commercial (GC), all residential designations (existing CN zoning only)
Professional Commercial (CP)	Offices (O), General Commercial (GC)
Planned Development—Commercial (PD-C)	Planned Commercial (PC), Office (O), General Commercial (GC)
Planned Development—Neighborhood Commercial (PD-CN)	All designations
Planned Development—Office (PD-O)	Planned Office (PO)
Planned Development—Mixed Use (PD-MU)	Planned Commercial (PC), Office (O), General Commercial (GC)

(Ord. No. 97-02, § 2 Exh. A, 1-22-97; Ord. No. 2014-15, § 4, 8-13-14)

§ 33-332 Principal land uses.

The following Table 33-332 lists those uses in the commercial districts which are permitted (P) subject to administrative or plot plan review, or subject to a conditional use permit (C). Major conditional use permits (C) and minor conditional use permits (C#) shall be processed pursuant to Article 61, Division 1 of this chapter. In the planned development zones, permitted uses are identified in each planned development master plan approval. In addition to the uses listed below, the following uses shall be subject to conditional use permit requirements of section 33-1200 et seq., of this chapter.

Any use or structure permitted or conditionally permitted in a zone and involving hazardous materials is subject to conditional use permit requirements of section 33-666 et seq., of this chapter.

All uses permitted in the CN zone operating between the hours of 11:00 p.m. and 7:00 a.m. are subject to a minor conditional use permit.

All uses and development permitted in the PD zone are subject to section 33-400 et seq., of this chapter.

(d)

The conversion of existing or vacant automobile dealerships to a new, substantially different, use shall require plot plan review pursuant to section 33-344 of this article.

Table 33-332 PERMITTED AND CONDITIONALLY PERMITTED PRINCIPAL USES
Use Title	CG	CN	CP

Residential and Lodging
Bed and breakfast* (Article 32)	C#
Hotels and motels* (Article 63)	C
Single-room occupancy units (Article 63)	P⁽¹⁾
Manufacturing, Wholesale Trade, and Storage
Mini-warehouse storage facilities* (Article 57)	C
Newspaper printing and publishing	P
Retail Trade
Automotive and marine craft
Sales lots and parts and accessories sale and supply (including autos, motorcycles, trailers, campers, recreational vehicles and marine craft vehicles excluding farm and construction vehicles, three-axle trucks, and buses)	P
Boutique car sales* (subject to Article 57)	P
Car dealership* (subject to Article 57)	C
Parts and accessories sale and supply (including autos, motorcycles, trailers, campers, recreational vehicles and marine craft vehicles	P
Parts and accessories sale and supply (farm and construction vehicles, three-axle trucks, and buses)
Tractor or heavy truck sales, storage, or rental* (subject to Article 57)	C
Gasoline sales or service stations with or without convenience stores and without concurrent sale of alcoholic beverages* (Article 57 and Council Resolution #5002)	P
Gasoline sales or service stations including concurrent sale of alcoholic beverages and motor vehicle fuel* (Articles 57 and Council Resolution #5002)	C#
Food and liquor
Food stores (grocery, produce, candy, baked goods, meat, delicatessen, etc., with or without off-sale beer and wine, off-sale general license excluding concurrent sale)	P	P
Liquor stores, packaged (off-sale)	C	C
General retail
Bargain basement store	C
Drugstores with drive through* (subject to section 33-341)	C	C	C
Pharmacies with drive through* (subject to section 33-341)	C	C	C
Florists, gifts, cards, newspapers, and magazines with drive through* (subject to section 33-341)	C	C	C
General retail with drive through* (subject to section 33-341)	C	C	C
Tobacco product store
Building materials and supplies including lumber, heating, plumbing, and electrical equipment, etc. (outdoor storage or sale subject to CUP)	P
Drugstores	P	P	P
Pharmacies	P	P	P
Florists, gifts, cards, newspapers and magazines	P	P	P
Furniture, home and office furnishing and equipment, electrical appliances, and office machines and supplies	P
General retail, NEC (as determined by the director, based on conformance with the purpose of the specific zone, interaction with customers, the appearance of the building, the general operating characteristics, and the type of vehicles and equipment associated with the use, and including incidental assembling of customized items)	P	P
Hospital/medical equipment sales	P		P
Nurseries and garden supply stores	P	P
Outdoor retail, NEC (as a principal use)	C#
Sporting goods (includes ammunition and firearms, fishing, hunting, golf, playground equipment, etc.)	P
Temporary seasonal sales such as Christmas tree and wreath sales, pumpkin sales, etc., on vacant lots subject to a temporary use permit* (Article 73)	P	P	P
Used Merchandise
Consignment shop* (subject to Chapter 15 and Article 57)	C
Pawn shop* (subject to Chapter 15 and Article 57)
Secondhand store* (subject to Chapter 15 and Article 57)	C
Thrift shop* (subject to Chapter 15 and Article 57)	C
Eating and Drinking Establishments
Cabarets and nightclubs (with or without alcoholic beverages, including comedy clubs, magic clubs, etc.)	C
Drinking places—alcoholic beverages (on-sale beer and wine and on-sale general licenses and public premises) includes bars and taverns, does not include restaurants serving alcoholic beverages	C
Restaurants, cafés, delicatessens, sandwich shops, etc.
Without alcoholic beverages	P	P	P
With on-sale beer and wine and on-sale general licenses	P	C	C
Auto oriented (drive-in,* drive-through*) (section 33-341)	C
Specialized food sales from pushcart facilities* (section 33-342)	P	P	P
Services
Animal care (excluding kennels)	P	P
Automotive services (including motorcycles, marine craft and recreational vehicles)
Car-wash, polishing, vacuuming, or detailing (primary or accessory use)* (subject to Article 57)	C
Limited vehicle repair* (subject to Article 57)	C#
General vehicle repair* (subject to Article 57)	C
Commercial vehicle repair* (subject to Article 57)
Tire retreading* (subject to Article 57)
Junkyard and wrecking yard* (subject to Chapter 15 and Article 57)
Fleet storage* (subject to Article 57)	C
Tow yard storage* (subject to Article 57)
Miscellaneous auto service, except repair and wash (includes motor clinics, auto towing service only)	P
Educational services
Day nurseries, child care centers* (Article 57)	P	C#	C#
Schools, including kindergarten, elementary, junior, and senior high schools* (Article 57)	P		C
University, college, junior college, and professional schools	P		C
Vocational and trade schools	P		C
Other special training (including art, music, drama, dance, language, etc.)	P	P
Special needs education	P	P	P
Government services
Administrative centers and courts	P	C	P
Other government services NEC excluding correctional institutions	C		C
Police and fire stations	C	C	C
Financial services and institutions
Bank	P	P	P
Bank with drive-through* (subject to section 33-341)	C	C	C
Check-cash/pay day
Real estate service or security broker	P	P	P
Insurance	P	P	P
Hospital and medical service organizations (including Blue Cross, Blue Shield, etc.)	P		P
Medical, dental and related health services
Hospitals, excluding small medical clinics	C		C
Massage establishments* (Article 38)	P/C
Medical, dental and optical laboratories	P		P
Medical clinics and blood banks	P		P
Medical, dental, optical, and other health care offices	P	P	P
Other medical and health services NEC	P		P
Sanitariums, convalescent and licensed residential care facilities Sanitariums, convalescent and residential care facilities approved prior to the effective date of Ordinance 2014-15 are exempt from voluntary work limitations identified in section 33-1243 (Exceptions to nonconforming use provisions). Expansions and/or intensification of said facilities shall require a conditional use permit subject to Article 61.	C		C
Offices and business services, except medical
General business services (including advertising, credit reporting, building services, news syndicate, employment services, computer services, drafting, detective/protective services, etc.)	P	P	P
General office use (includes professional offices)	P	P	P
Mailing, accounting and office services	P	P	P
Travel agencies and services	P	P	P
Personal Services
Barber, beauty, nail, and tanning services	P	P	P
Clothing and costume rental, marriage bureaus, baby-sitting services, etc.	P
Tattoo parlor and body piercing* (subject to Chapter 17)	C
Repair services, except automotive
Apparel and shoe repair and alteration	P	P
Bicycle repair	P	P
Locksmiths and key shops	P	P	P
Miscellaneous repair services (excluding machine shops and welding services)	P
Small appliance repair and services (including TV, radio, small electronics, computers, household appliances, etc.)	P	P
Watch, clock, and jewelry repair	P	P	P
Social, professional, and religious organizations and services
Churches, synagogues, temples, missions, religious reading rooms, and other religious activities* including columbariums and mausoleums* as an incidental use (Article 57). Major or minor conditional use permit pursuant to Article 61, Division 1.	P	C/C#	C/C#
Religious establishments listed above and/or assembly uses on property designated Planned Office in the general plan: Existing churches may operate subject to their approved conditional use permits. Expansions may occur subject to Article 57 that do not increase the boundary of the conditional use permit, including parking areas within the Planned Office designation. No new religious establishments and/or assembly uses are permitted on land in the general plan designated Planned Office.
Low barrier navigation center (only in mixed use overlay areas that are zoned for mixed use and nonresidential zones permitting multifamily uses)	P	P	P
Social and professional organizations (political membership, veterans, civic, labor, charitable and similar organizations, etc.)	P	C	P
Youth organizations* (Article 57)	P	C
Other services
Assembly halls, fraternities, sororities, lodges, etc.	C
Equipment rental and leasing service* (Article 57 and Council Resolution #73-264-R) (includes airplanes, business equipment, furniture, construction equipment, sanitation units, sports equipment, etc.)	P
Mortuary (excluding crematories and mausoleums)	P
Hospital/medical equipment rental and leasing	P		P
Laundry and dry cleaning services
Self-service, coin-operated* (section 33-343)	P	P
Pick-up service only* (section 33-343)	P	P	P
Dry cleaning, laundering, pressing and dying for on-site retail customers only* (section 33-343)	C
Commercial laundry or pressing* (section 33-343)
Private smokers' lounge
Photographic and duplicating services:
Blueprinting	P		P
Photocopying	P	P	P
Studios, developing, printing, and similar services, except commercial photography	P	P	P
Commercial photography, including aerial photographs and mapping services	P		P
Picture framing, assembly only	P	P
Recycling services* (Article 33):
Reverse vending machines occupying a total of 50 square feet or less	P	P	P
Small collection facilities occupying a total of 500 square feet or less	P	P	P
Aluminum can and newspaper redemption center without can crushing facilities	C#
Cultural Entertainment and Recreation
Adult entertainment establishments* (Article 42)	P
Cultural, including museums, art galleries, etc.	P		C#
Entertainment assembly, amphitheater, concert halls, exhibit halls	C
Health and fitness facilities, including gymnasiums, athletic clubs, body building studios, dance studios, martial arts schools, etc.	P	P	P
Swimming schools and pools	C#	C#
Libraries	P	P	P
Parks	P	P	P
Sports and recreation facilities, including bowling alleys, billiards, indoor and outdoor skating facilities, batting cages, riding schools and stables, etc.	C
Theaters, indoor motion picture	P
Transportation, Communications and Utilities
Transportation
Ambulance and paramedic	C#		C#
Bus and train depots	P
Helipad (as an incidental use only)* (Article 57)	C		C
Park-and-ride facilities	P	P	P
Parking lots and parking structures (short-term)	P		P
Taxicab stand	P		P
Communications (telephone, telegraph, radio, TV, etc.)
Broadcasting (radio and/or television), recording, and/or sound studios	P		P
Personal wireless service facilities* (subject to Article 34)
Roof-mounted or building-mounted facilities incorporating stealthy designs and/or screened from public ways or significant views	P	P	P
Pole-mounted or ground-mounted facilities that incorporate stealthy designs and do not exceed 35′ in height	P	P	P
Pole-mounted or ground-mounted facilities that exceed 35′ in height or roof-mounted or building-mounted designs which project above the roofline and are not completely screened or considered stealthy	C	C	C
Other communications, NEC	C		C
Radio and television transmitting towers	C		C
Telephone exchange stations and telegraph message centers	P	P	P
Utilities (electric, gas, water, sewage, etc.)
Central processing, regulating, generating, control, collection, storage facilities and substations	C	C	C
Distribution facilities	P	P	P

Notes:
*	=	Subject to special regulations—see Article in parentheses.
1		Single-room occupancy (SROs) units shall only be permitted as a result of conversion from existing hotel/motel uses in the CG zone subject to Article 63, section 33-1348.
P	=	Permitted use.
C	=	Conditionally Permitted Use [subject to a Major Conditional Use Permit (CUP)] pursuant to section 33-1200 et seq.
C#	=	Conditionally Permitted Use [subject to a Minor CUP] pursuant to section 33-1200 et seq.
NEC	=	Not Elsewhere Categorized.

(Ord. No. 97-02, § 2 Exh. A, 1-22-97; Ord. No. 97-11, § 2, 6-11-97; Ord. No. 99-15-R, § 4 Exh. A, 6-9-99; Ord. No. 2001-31R, § 14, 12-5-01; Ord. No. 2003-20(R), § 4 Exh. A, 10-15-03; Ord. No. 2004-21, § 10, 11-17-04; Ord. No. 2009-17, § 4, 7-15-09; Ord. No. 2014-15, § 4, 8-13-14; Ord. No. 2015-01R, § 6, 1-14-15; Ord. No. 2017-03R, § 4, 3-22-17; Ord. No. 2018-12, § 7, 6-6-18; Ord. No. 2018-13R, § 10, 6-6-18; Ord. No. 2019-10, § 7, 8-21-19; Ord. No. 2019-09, § 6, 9-11-19; Ord. No. 2020-31R, § 6, 1-13-21; Ord. No. 2023-06, § 3, 3-8-23)

§ 33-333 Permitted accessory uses and structures.

Accessory uses and structures are permitted in commercial zones, provided they are incidental to, and do not substantially alter the operating character of the permitted principal use or structure as determined by the director of community development. Such permitted accessory uses and structures include, but are not limited to, those listed in Table 33-333.

When provided by these regulations, it shall be the responsibility of the director to determine if a proposed accessory use is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the principal use, based on the director's evaluation of the resemblance of the proposed accessory use to those uses specifically identified as accessory to the principal uses and the relationship between the proposed accessory use and the principal use.

Table 33-333 PERMITTED ACCESSORY USES AND STRUCTURES
Use Title	CG	CN	CP
ATM kiosk	P	P	P
ATM kiosk (drive-in,* drive-through*) (section 33-341)	C	C	C
Drive-in,* drive-through* (section 33-341)	C	C	C
Fleet storage* (subject to Article 57)	P
Tow truck operation incidental to repair* (subject to Article 57)	P/C
Accessory buildings such as garages, carports and storage buildings clearly incidental to a permitted use	P	P	P
Bus stop shelters* (Article 57 and EMC Article 9, Chapter 23)	P	P	P
Caretaker's or resident manager's quarters (for lodgings, motels, hotels, and funeral parlors)	P
Cottage food operations and home occupations as provided for in Article 44	P	P	P
Employee recreational facilities	P		P
Live entertainment	P	P	P
Outdoor dining in conjunction with an approved eating place* (Article 57)	P	P	P
Outdoor display of merchandise* (Article 73)	P	P	P
Satellite dish antennas* (Article 34, CUP required for some sizes and heights)	P/C	P/C	P/C
Storage of materials used for the construction of a building, including the contractor's temporary office, provided that such use is on the building site or immediately adjacent thereto and provided further, that such use shall be permitted only during the construction period and the 30 days thereafter	P	P	P
Swimming pools* (Article 57) and tennis courts	P		P
Temporary outdoor sales* (Article 73) and special events subject to the issuance of a temporary use permit	P	P	P
Vending machines* (Article 33 for recycling and Article 73 for outdoor retail)	P	P	P

Notes:
*	=	Subject to special regulations—see Article in parentheses.
P	=	Permitted Accessory Use

(Ord. No. 97-02, § 2 Exh. A., 1-22-97; Ord. No. 2013-07RR, § 4, 12-4-13; Ord. No. 2014-15, § 4, 8-13-14; Ord. No. 2019-10, § 7, 8-21-19; Ord. No. 2019-09, § 6, 9-11-19; Ord. No. 2020-31R, § 6, 1-13-21)

§ 33-334 Prohibited uses.

All uses and structures not listed as permitted primary or accessory uses, or conditionally permitted uses shall be prohibited. However, the director may approve a use, after study and deliberation, which is found to be consistent with the purposes of this article, similar to the uses listed as permitted uses, and not more detrimental to the zone than those uses listed as permitted uses.

Any existing residential structure shall not be used for both residential and commercial purposes at the same time, except as provided for in Article 44.

(Ord. No. 97-02, § 2 Exh. A, 1-22-97; Ord. No. 2013-07RR, § 4, 12-4-13; Ord. No. 2014-15, § 4, 8-13-14; Ord. No. 2017-03R, § 4, 3-22-17)

§ 33-335 Development standards.

All zones. The standards contained in the following table shall apply to all commercial districts and shall be determined minimum unless stated otherwise.

CN Zone. No single use shall exceed a gross floor area of 5,000 square feet except that a grocery store may have a gross floor area of up to 30,000 square feet.

Table 33-335 COMMERCIAL DEVELOPMENT STANDARDS
	CG	CN	CP
Lot area (SF) min. ⁽¹⁾⁽²⁾	None	7,000	7,000
Average lot width min. ⁽¹⁾	None	100′	50′
Lot frontage min. ⁽¹⁾	All lots shall front on public street (does not include an alley)
Front setback min. ⁽⁴⁾⁽⁷⁾	None ⁽⁵⁾⁽⁶⁾	10′	10′
Corner and reverse corner lots	5′⁽⁶⁾	10′	10′
Facing Centre City Parkway in Landscape Master Plan Overlay ⁽³⁾	15′	15′	15′
Side setback min. ⁽⁴⁾⁽⁷⁾	None ⁽⁵⁾⁽⁶⁾	None ⁽⁵⁾ except 10′ adjacent to residential zones	None ⁽⁵⁾ except 5' for first two stories plus 5' for each additional story up to 10' max. when adjacent to residential structures
Corner lots and reverse corner lots	5′ ⁽⁶⁾	10′	5′
Facing Centre City Parkway in Landscape Master Plan Overlay ⁽³⁾	15′	15′	15′
Rear setback min. ⁽⁷⁾	None ⁽⁵⁾⁽⁶⁾	20′	5′ except 10' for first two stories plus 5' for each additional story up to 15' max. when adjacent to residential structures
Abutting an alley	None ⁽⁵⁾	10′	5′
Facing Centre City Parkway in Landscape Master Landscape Overlay ⁽³⁾	15′	15′	15′
Building height maximum	None (UBC)	1 story or 35′ whichever is less	75′
Landscaping	According to Article 62
Lot coverage maximum	None	50%	None
Parking	According to Article 39
Loading	One off-street space/each building or separate occupancy thereof over 10,000 SF plus one space/each additional 20,000 SF of the gross floor area of the building	Loading to be performed on-site and be from the rear or side of the structure and concealed from street and adjoining residential zoned property by landscape or architecture features
Minimum space size	10′ wide, 25′ long, 14′ high	None	None
Trash storage	Required per section 33-338
Walls and fences ⁽⁷⁾	A solid masonry wall minimum 6' feet high on the sides of property adjoining a residential zone, school or park (an alley shall constitute a separation, subject to Article 56)

Lots or parcels of land which were legally created prior to the application of this zone shall not be denied a building permit for reason of nonconformance with the parcel requirements of this section.

Parcels of land containing two or more lots developed as a single project shall be maintained as a unit. Where two or more lots are developed as one unit, a covenant may be required by the city in a form satisfactory to the city attorney to ensure that required off-street parking facilities shall be provided on said premises.

A reduced setback may be approved by the director if found consistent with the Centre City Parkway landscape master plan.

Required yard shall not be used for vehicle parking (including overhang), except such portion as is devoted to driveway use.

A building located on a lot line shall have facilities for the discharge of all roof drainage onto the subject lot.

When the yard of a property zoned CG is adjacent or abutting the yard of a residentially zoned property, the following landscaped setbacks shall apply for all buildings and structures:

(A)

Front yard setback:

Distance from structure to residential property	Front yard setback
25′ or less	Equal to residential zone
26′—50′	10′
Over 50′	5′

(B)

Side yard setback shall be minimum five feet.

(C)

Side yard setback adjacent to street when the rear yard of the corner and reverse corner lots abuts residentially zoned property shall be minimum 10 feet.

(D)

Rear yard setback shall be same as the rear yard setback required for adjacent residential zone.

Adjustments to the standards up to 25% may be approved pursuant to section 33-1220 et seq., of this chapter.

(Ord. No. 97-02, § 2 Exh. A, 1-22-97; Ord. No. 2011-19R, § 5, 1-11-12; Ord. No. 2014-15, § 4, 8-13-14; Ord. No. 2017-03R, § 4, 3-22-17)

§ 33-336 Projections into yards.

Any yard. The following structures may be erected or projected into any required yard:

Fences and walls in accordance with the city codes or ordinances;

Landscape elements, including trees, shrubs and other plants, except that no hedge shall be grown or maintained at a height or location other than permitted by city ordinances or codes for fences;

Necessary appurtenances for utility services.

Maintain minimum yard. The structures listed below may project into the minimum front yard or rear yard not more than four feet and into the minimum side yard not more than two feet, provided that such projections shall not be closer than three feet to any lot line:

Cornices, eaves, belt courses, sills, buttresses or other similar architectural features;

Fireplace structures and bays, provided that they are not wider than eight feet measured in the general direction of the wall of which it is a part;

Stairways, balconies, door stoops and fire escapes;

Awnings;

Planting boxes or masonry planter not exceeding 42 inches in height;

Port-cochere over a driveway in side yard, providing such structure is not more than one (l) story in height and 22 feet in length, and is entirely open on at least three sides, except for the necessary supporting columns and customary architectural features;

Permitted signs;

(8)

Trash storage enclosures (rear yard only).

Adjustments to the standards up to 25% may be approved pursuant to section 33-1220 et seq., of this chapter.

(Ord. No. 97-02, § 2 Exh. A, 1-22-97; Ord. No. 2014-15, § 4, 8-13-14; Ord. No. 2017-03R, § 4, 3-22-17)

§ 33-337 Performance standards.

The following performance standards shall apply to all land and structures in commercial zones.

All permitted uses shall be conducted entirely within completely enclosed buildings in all commercial zones, except vending machines, parking, loading, pushcarts for specialized food sales, outdoor display, outdoor dining, retail sale of flowers and plants from a gazebo or kiosk, vehicle, boat, and aircraft sales and rental lots, farm and nursery/garden supplies, helipads, and athletic and recreational facilities in conformance with the standards of this chapter, or outdoor retail approved as part of a conditional use permit or other permit issued by the city.

Exterior mechanical equipment or devices shall be subject to siting and design standards pursuant to section 33-1085.

No material, equipment or goods of any kind shall be stored on the roof of any building in the commercial zones.

(d)

In the CN zone, business hours shall be limited to the hours between 7:00 a.m. and 11:00 p.m. except those uses which are granted a minor CUP under section 33-1200 et seq., of this chapter. Security lighting shall be permitted during closed hours. Those lighted signs which are directly used in conjunction with a 24 hour use shall be reviewed with the CUP.

(e)

The following trash storage provisions shall apply in commercial zones:

The size and dimensions of the trash enclosures shall be based on the required number and size of containers for trash, recyclables, and organic waste/composting shall be approved by the director of community development, pursuant to city standards.

Containers shall be placed so as to be concealed from the street and shall be maintained.

The design of the trash enclosure shall be architecturally compatible with the primary building(s) on site to provide a coordinated design. The exterior materials and colors of the enclosure walls shall match the building walls. The trash enclosure shall have architecturally acceptable gates and roofing pursuant to city standards.

(A)

Chain link fencing with or without wooden/plastic slats is prohibited.

(B)

Metal roofs shall be painted with rust inhibitive paint or offer methods of rust prevention.

New trash enclosure areas shall contain a planting area around the perimeter of the enclosure wall except at access gates, to the extent practicable, in accordance with section 33-1339. The landscaping in the planting area shall consist of vertical planting (vines, hedges) which serve to screen the enclosure. Groundcover or mulching shall be used on the ground surface to provide coverage.

(f)

Shopping cart management.

Every business, property, or shopping cart owner who provides shopping carts for customer or public use shall contain and control all shopping carts within the boundaries of the premises. Containment of shopping carts shall be achieved through the design and implementation of a city-approved shopping cart containment plan or control method pursuant to Chapter 17 of the Municipal Code.

Shopping cart storage shall not be located in required parking or truck loading spaces within the designated parking lot or other property provided by a business establishment for use by a customer for parking an automobile or other vehicle. The director of community development may require modifications or alterations in the existing or proposed construction or the operational procedures of shopping cart storage areas to determine the adequacy of the shopping cart containment system and/or control method or ensure that compliance with the performance standards will be maintained.

(Ord. No. 97-02, § 2 Exh. A, 1-22-97; Ord. No. 2014-15, § 4, 8-13-14; Ord. No. 2017-03R, § 4, 3-22-17; Ord. No. 2018-20, § 7, 11-28-18)

§ 33-338 Trash storage.

Containers for trash storage shall be of a size, type and quantity approved by the director. They shall be placed so as to be concealed from the street and shall be maintained. Additionally, an area for the storage and pickup of recyclables must be included in this area.

(Ord. No. 97-02, § 2 Exh. A, 1-22-97; Ord. No. 2014-15, § 4, 8-13-14; Ord. No. 2017-03R, § 4, 3-22-17)

§ 33-339 (Reserved)

Editor's note—Section 33-339 pertaining to mini-warehouse storage facilities requirements, derived from Ord. Nos. 97-02 and 2014-15, was repealed by Ord. No. 2018-12, § 7, enacted June 6, 2018.

§ 33-340 Plot plan approval required.

A plot plan review shall be required pursuant to Article 61, Division 8 under the following circumstances.

At the time a building permit is requested for expansion of any building or structure.

Any time a new use of land or existing structure which may require additional off-street parking is proposed.

A new, substantially different, use is proposed for the site of an existing or vacant automobile dealership.

(Ord. No. 97-02, § 2 Exh. A, 1-22-97; Ord. No. 2009-17, § 4, 7-15-09; Ord. No. 2014-15, § 4, 8-13-14; Ord. No. 2017-03R, § 4, 3-22-17)

§ 33-341 Commercial drive-through facilities requirements.

Conditional Use Permit Required. Conditional Use Permit approval shall be required for the establishment of any use that offers drive-in or drive-through facilities. This shall include drive-through uses in conjunction with, but not limited to, washing/detailing automotive services (automated or hand-washed), retail trades, eating and drinking establishments, banks and other financial institutions, pharmacies, and other services.

The following site design and building design guidelines may be utilized by the appropriate permit review authority in the review of a Conditional Use Permit application to promote high quality development and to ensure that such developments do not have negative impacts on traffic, safety, air quality and visual character of the area in which they are located:

Site planning that accomplishes a desirable transition with the streetscape and adequate pedestrian environment. Pedestrian walkways that intersect the drive-through drive aisles and parking areas with clear visibility, and may be emphasized by enriched paving or striping.

Drive-through aisles with a minimum 12 foot width on curves and a minimum 11 foot width on straight sections.

The drive-through stacking lane situated so that any overflow from the stacking lane shall not spill out onto public streets or major aisles of any parking lot. Sufficient vehicle stacking room shall be provided on-site behind the speaker area where orders are taken.

Drive-through aisles constructed with (PCC) concrete.

Drive-through aisles and associated structures should be oriented away from public streets and surrounding land uses unless significant screening is provided to the satisfaction of the director of community development by means of heavy landscaping, decorative walls, and sound attenuating devices. A planter between the drive-through aisle and the parking area that includes shade trees consistent with those used in the parking areas may be requested.

No ingress and egress points conflicting with turning movements at nearby street intersections. The design of the site and placement of structures done in a manner that: (A) minimizes the number of driveway cuts; and (B) provides adequate and safe queuing and maneuvering of vehicles to prevent interference with circulation of the site, adjacent uses, or queuing within/onto public right-of-way.

The architecture of the building and other structures used to support the drive-through should address compatibility and harmonization with that of the building, shopping center, and/or structures within the immediate area in terms of building color, materials, mass, scale, and form. All building elevations should be architecturally enhanced. High quality building materials are encouraged. Reflective, glossy, and fluorescent surfaces are discouraged.

(Ord. No. 97-02, § 2 Exh. A, 1-22-97; Ord. No. 2014-15, § 4, 8-13-14; Ord. No. 2017-03R, § 4, 3-22-17; Ord. No. 2018-07R, § 7, 4-18-18; Ord. No. 2019-09, § 6, 9-11-19)

§ 33-342 Specialized food sales from pushcarts.

Specialized food sales from pushcarts are permitted on private property subject to the approved design guidelines for pushcarts and review by the planning division. Where a pushcart request will eliminate existing parking spaces, pedestrian circulation, or landscaping, a minor plot plan application shall be required.

(Ord. No. 97-02, § 2 Exh. A, 1-22-97; Ord. No. 2014-15, § 4, 8-13-14)

§ 33-343 Laundry and dry cleaning services.

No new dry-cleaning with on-site cleaning or commercial laundry establishment shall be located within 200 feet of a residential zone or residential use unless the establishment utilizes a high-trans fluorinated alternative rather than using carbon Trichloroethylene (TCE) and Perchloroethylene (PERC).

The operator of the approved "self-service laundromats" use shall prevent loitering and loud noises around the subject site during and after the hours of business operations. Management or a staff representative (e.g., attendant) must be present during hours of operation.

No liquid or solid waste or similar material that may contaminate water supplies, interfere with bacterial process in sewage treatment, or otherwise cause the emissions of dangerous or offensive elements shall be discharged into the public sewer or private disposal system, except as determined by the permit review authority in accordance with applicable regulations.

(Ord. No. 2019-09, § 6, 9-11-19)

§ 33-344 Conversion of existing and vacant automobile dealerships.

Plot Plan Required. A plot plan application shall be required for all existing and vacant automobile dealerships converting to a new, substantially different, use (either in whole or in part). A comprehensive sign program shall be included in applications for the conversion to multiple tenant spaces.

Development Criteria. City staff shall review all existing and vacant automobile dealerships converting to a new, substantially different, use to determine that such developments conform to the following criteria and do not have negative impacts on the physical or visual character of the area in which they are located. The following development standards shall not be in excess of those standards required for all other properties in the commercial zone, as provided in the zoning code:

Appropriate on-site landscaping shall soft-en large expanses of paved areas and buildings, and buffer undesirable views.

Screening of parking lots, trash storage areas, and delivery/service areas shall be provided to the extent feasible.

Adequate street trees shall be included in the site design in proportion to the project and the site to provide shade where feasible.

Site lighting shall meet commercial lighting standards.

Appropriate stormwater management improvements shall be provided.

Exterior colors shall be compatible and harmonious throughout the site.