The following regulations shall apply in the C-2 Commercial Zone unless otherwise provided in this chapter. This zone strives to provide a desirable living environment by preserving and protecting surrounding residential land uses in terms of light, air and existing visual amenities.
(Ord. 2585, 1957; Ord. 3710, 1974; Ord. 4005 §16, 1979)
A. 
Any use permitted in the C-P Zone and subject to the use restrictions and limitations contained in that zone, except that any such use specifically mentioned hereafter shall be subject to the restrictions of the C-2 Zone.
B. 
Such use shall not be inimical to the public health, welfare, safety or morals by reason of the offering to distribute, or distributing or exhibition to members of the public of any obscene matter as defined in Section 311 of the Penal Code of the State of California.
C. 
Any of the following uses:
1. 
Retail, wholesale or service store or business provided that there shall be no manufacturing, assembly, processing or compounding or products other than such as are customarily incidental or essential to such establishments and provided further that there shall be not more than 10 persons engaged in any such manufacture, processing or treatment of products, and not more than 50% of the floor area of the building is used in the treatment, manufacture or processing of products, and that such operations are not objectionable due to noise, odor, dust, smoke, vibration or other similar causes.
2. 
Advertising sign board or structure.
3. 
Automobile parking area.
4. 
Automobile super service station or automobile service station/mini-market including automobile laundry or car wash and auto steam cleaning establishment provided that all tire and tube repairing, battery, servicing and steam cleaning shall be conducted wholly within a building with a conditional use permit issued pursuant to Section 28.94.030.V.
5. 
Bakery employing not more than 20 persons on premises.
6. 
Bath, Turkish and the like.
7. 
Billiard or pool hall or bowling alley.
8. 
Blueprinting and photostating shop.
9. 
Church.
10. 
Cleaning and pressing establishment using non-inflammable and non-explosive cleaning fluid.
11. 
Conservatory of music.
12. 
Contractor - no outside storage or storage of heavy equipment.
13. 
Department store.
14. 
Educational facility.
15. 
Electric distributing substation.
16. 
Funeral parlor.
17. 
Furniture warehouse for storing personal household goods.
18. 
Health club, spa, gymnasium.
19. 
Hospital, clinic or skilled nursing facility.
20. 
Interior decorating shop.
21. 
Medical laboratory.
22. 
Parking garage, public.
23. 
Pest control.
24. 
Plumbing shop.
25. 
Printing, lithographing or publishing establishment.
26. 
Public parking area.
27. 
Radio and television store.
28. 
Refrigerated locker.
29. 
Restaurant, tea room or cafe.
30. 
Skating rink.
31. 
Storage garage, including repairing and servicing.
32. 
Studio.
33. 
Taxidermist.
34. 
Telephone exchange.
35. 
Theater or auditorium (except drive-in theater).
36. 
Trade school, not objectionable due to noise, odor, dust, smoke, vibration or other similar causes.
37. 
Trailer and equipment sales and rental - non-industrial use.
38. 
Upholstery shop.
39. 
Used car sales area, provided that no repair or reconditioning of automobiles shall be permitted, except when enclosed in a building.
40. 
Wedding chapel.
41. 
Other businesses and occupations that are substantially similar to the uses enumerated above, as determined and documented by the Community Development Director in a manner similar to the substantial conformance determination process provided in the adopted Planning Commission Guidelines.
D. 
Accessory buildings and accessory uses.
(Ord. 2763, 1960; Ord. 3398, 1970; Ord. 3421, 1970; Ord. 3461, 1970; Ord. 3710, 1974; Ord. 4033 §6, 1980; Ord. 4858, 1994; Ord. 5380, 2005; Ord. 5459, 2008)
A. 
Maximum Building Height. No building in this zone shall exceed a height of four stories, nor shall any building exceed a height of 60 feet.
B. 
Community Benefit Projects. Notwithstanding the maximum building height specified in subsection A above, no building constructed in this zone after the effective date of the ordinance enacting this chapter shall exceed a height of 45 feet unless the project qualifies as a Community Benefit Project or a Community Benefit Housing Project, and the Planning Commission expressly makes all of the following findings:
1. 
Demonstrated Need. The applicant has adequately demonstrated a need for the project to exceed 45 feet in building height that is related to the project's benefit to the community, or due to site constraints, or in order to achieve desired architectural qualities;
2. 
Architecture and Design. The project will be exemplary in its design;
3. 
Livability. If the project includes residential units, the project will provide amenities to its residents which ensure the livability of the project with particular attention to good interior design features such as the amount of light and air, or ceiling plate heights;
4. 
Sensitivity to Context. The project design will complement the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City Landmarks or any nearby designated Historic Resources, including City-designated Structures of Merit.
C. 
Buildings Adjacent to Residential Zones. The building height of a building which will be immediately adjacent to a residential zone shall not exceed the height allowed in the most restrictive adjacent residential zone for that part of the structure constructed within a distance of 30 feet or 1/2 the height of the proposed structure, whichever is less, provided, however, a project which qualifies as a Community Benefit Project or a Community Benefit Housing Project under subsection B above need not comply with this requirement.
D. 
Theater Additions. Notwithstanding the provisions of Chapter 28.04, a stage addition to a live performance theater shall not be considered as part of the height of the building under the following circumstances: (1) the stage addition is devoted solely to rigging fly systems; (2) the addition is made to a theater that existed as of December 31, 2003; and (3) the stage addition does not exceed the height of the theater as such theater existed on December 31, 2003.
E. 
Timing and Procedure for Projects Requiring the Planning Commission Building Height Findings.
1. 
Conceptual Design Review. Prior to the Planning Commission considering an application for a Community Benefit Project or a Community Benefit Housing Project pursuant to this section, a project shall receive conceptual design review by the Historic Landmarks Commission or the Architectural Board of Review as required by Title 22.
2. 
Planning Commission Consideration of Findings.
a. 
Design Review Projects. If a project only requires design review by the ABR or HLC under Title 22, the Planning Commission shall review and consider the building height findings of this section after conceptual design review and before consideration of the project by the HLC or ABR for Project Design approval.
b. 
Staff Hearing Officer Projects. If a project requires the review and approval of a land use permit by the Staff Hearing Officer, the Planning Commission shall review and consider the building height findings after conceptual design review pursuant to Title 22, but before the preparation of a full application for the consideration of the land use permit by the Staff Hearing Officer.
c. 
Planning Commission Projects. If a project requires the review and approval of a land use permit by the Planning Commission, the Planning Commission shall review and consider the building height findings after conceptual design review pursuant to Title 22, but before the preparation of a full application for review by the Development Application Review Team (DART) and before the consideration of the land use permit by the Planning Commission.
d. 
Appeals from the Planning Commission Determination. A decision of the Planning Commission regarding the building height findings is appealable to the City Council pursuant to the provisions of Chapter 1.30 of this code.
(Ord. 3587, 1973; Ord. 3710, 1974; Ord. 4005, 1979; Ord. 5341, 2004; Ord. 5459, 2008; Ord. 5630, 2013)
The following setback requirements shall be observed on all lots within this zone:
A. 
Front setback. A front setback of not less than the indicated distance shall be provided between the front lot line and all buildings, structures and parking on the lot as follows:
1. 
Nonresidential or mixed use buildings, structures and parking: No setback required.
2. 
Exclusively residential buildings, structures and parking: R-3/R-4 front setback requirement.
B. 
Interior setback adjacent to nonresidential zone. An interior setback of not less than the indicated distance shall be provided between an interior lot line that abuts a nonresidentially-zoned parcel and all buildings, structures and parking on the lot as follows:
1. 
Nonresidential or mixed use buildings or structures: No setback required.
2. 
Exclusively residential buildings or structures: R-3/R-4 interior setback requirement.
3. 
All parking and driveways: No setback required.
C. 
Interior setback adjacent to residential zone. An interior setback of not less than the indicated distance shall be provided between an interior lot line that abuts a residentially-zoned parcel and all buildings, structures, and parking on the lot as follows:
1. 
All buildings and structures: 10 feet or one-half the building height, whichever is greater.
2. 
Residential parking and driveways: R-3/R-4 interior setback requirements.
3. 
Nonresidential or mixed use parking and driveways: five feet, landscaped. In addition, a minimum six-foot-high solid fence or decorative wall shall be provided along the property line abutting a residentially-zoned parcel, except where such fence or wall will interfere with traffic safety or would be inconsistent with the provisions of Section 28.87.170; however, the requirement for a fence or wall may be reduced or waived by the design review body that reviews the project.
(Ord. 5459, 2008)
None, except all buildings or portions thereof used exclusively for dwelling purposes shall comply with the provisions of the R-4 Zone.
(Ord. 2585, 1957; Ord. 3710, 1974)
None, except all buildings or portions thereof used exclusively for dwelling purposes shall comply with the provisions of the R-4 Zone.
(Ord. 2585, 1957; Ord. 3710, 1974)
Any lot in this zone developed exclusively for residential use or developed with a mixed use development shall provide outdoor living space in accordance with the provisions of the R-3/R-4 Zone as stated in Section 28.21.081.
(Ord. 5459, 2008)
Development plan review and approval by the Planning Commission are sometimes required by Chapter 28.85 of this code.
(Ord. 4140, 1982; Ord. 5609, 2013)
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 Chapter 28.85.
(Ord. 4670, 1991; Ord. 5609, 2013)