A. This
is a zone which, because of its proximity to the shoreline and its
location along two major arteries, strives to promote, maintain and
protect visitor-serving and commercial recreational uses. Tourist
and traveler related uses shall be encouraged in this zone in a manner
which does not detract from the desirability of the shoreline as a
place to visit. Residential uses are appropriate in certain areas
of the HRC-2 zone.
B. Land
classified in the HRC-2 zone may also be overlaid with a second classification
of being in the Ocean-Oriented Commercial zone (hereinafter referred
to as the "OC zone.") The OC zone regulations shall apply to all development
projects on land with a dual HRC-2 / OC zoning designation.
(Ord. 4320, 1985; 4172, 1982; Ord. 5343, 2005)
The following land uses are allowed in the HRC zones indicated:
A. HRC-1
Zone. Hotels, motels and tourist courts, including related recreational,
conference center and other auxiliary uses primarily for use by hotel
guests and as permitted in Section 28.21.030.B.2 of this title. In
addition, restaurants, including those with entertainment facilities
used in conjunction with the restaurant, are allowed.
B. HRC-2
Zone.
1. General.
Any use permitted in the HRC-1 Zone and subject to the restrictions
and limitations contained therein.
2. Specific.
Any of the following uses which are primarily visitor-serving or of
a commercial recreational nature specific to the Coastal Zone are
allowed:
a. Bicycle, roller skating, moped, dive gear and other recreational
equipment rental stores.
b. Stores which sell liquor, groceries and food, which do not exceed
2,500 sq. ft. in gross floor area.
c. Specialty and gift shops.
e. Bait and tackle shops, sales of boats, marine supplies and related
equipment.
f. Other visitor-serving or commercial recreational uses deemed appropriate
by the Planning Commission.
3. General Office Use. The second and third floors of commercial buildings are allowed to be used for general office uses upon issuance of a Conditional Use Permit. A Conditional Use Permit may be granted by the Planning Commission or City Council on appeal for such uses in accordance with the provisions of Chapter
28.94 of this code, subject to the following additional findings:
a. The use is compatible with visitor-serving uses;
b. Visitor-serving uses remain the primary use of the building; and
c. Non-visitor-serving uses shall not exceed 50% of the total square
footage of the building.
4. Restriction
on Residential Use. Residential use is prohibited in the HRC-2 Zone
except in the following areas:
a. The area bounded by Cabrillo Boulevard on the southeast, Los Patos
Way on the southwest and the existing railroad right-of-way on the
north.
b. The area identified as Area A of the Cabrillo Plaza Specific Plan
as specified in Resolution No. 83-155.
Any use permitted in the R-3 Zone is allowed in these areas
subject to the restrictions and limitations contained therein.
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5. Special
Treatment Area. The following additional restrictions shall apply
in the area bounded by Cabrillo Boulevard on the southeast, Los Patos
Way on the southwest and the existing railroad right-of-way on the
north, due to concerns about protection of the sensitive habitat character
and aesthetics of the Andree Clark Bird Refuge:
a. High Intensity Uses. The following high-intensity uses shall be prohibited:
ii. Stores which sell liquor, groceries and food, except that off-site
sale of beer and wine and picnic items may be allowed only when incidental
to and related to the primary use of the establishment.
iii.
Automobile service station.
b. Front Setback. There shall be a front setback of not less than:
i. Ten feet for one-story buildings that do not exceed 15 feet in height;
and
ii. One hundred feet for the second-story portion of any building that
exceeds 15 feet in height.
c. Building Height. Three-story buildings and buildings in excess of
30 feet in height shall be prohibited.
(Ord. 4172, 1982; Ord. 4320, 1985; Ord. 5343, 2005; Ord. 5459, 2008; Ord. 5678, 2014)
In the HRC-2 Zone, alcoholic beverage retail establishments, automobile rentals, parking lots, automobile service stations and automobile service station/mini-markets may be permitted with a conditional use permit issued in accordance with the provisions of Chapter
28.94 of this Code, except where specifically prohibited elsewhere in this chapter.
(Ord. 4172, 1982; Ord. 4320, 1985; Ord. 6026 § 2, 2021)
All development in the Coastal Overlay Zone (S-D-3) is subject to review pursuant to Chapter
28.44 of this code.
(Ord. 4172, 1982; Ord. 4320, 1985; Ord. 5417, 2007)
Notwithstanding any provision of law to the contrary, no application for a land use permit for a nonresidential construction project will be accepted or approved on or after December 6, 1989 unless the project complies with the provisions outlined in Development Plan Approval, Chapter
28.85.
(Ord. 4670, 1991; Ord. 5609, 2013)
No building or structure in an HRC zone shall exceed three stories
or exceed 45 feet in height.
(Ord. 4172, 1982; Ord. 4320, 1985; Ord. 5343, 2005)
A. Front
setback. There shall be a front setback of not less than:
1. Ten
feet for one-story buildings that do not exceed 15 feet in height;
and
2. Twenty
feet for all other buildings.
B. Interior
setback. Buildings on property immediately adjacent to residentially-zoned
property shall have an interior setback of no less than 10 feet or
one-half the height of the building, whichever is greater.
(Ord. 4172, 1982; Ord. 4320, 1985; Ord. 5459, 2008)