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.
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.
10. Cleaning and pressing establishment using non-inflammable and non-explosive
cleaning fluid.
12. Contractor - no outside storage or storage of heavy equipment.
15. Electric distributing substation.
17. Furniture warehouse for storing personal household goods.
18. Health club, spa, gymnasium.
19. Hospital, clinic or skilled nursing facility.
20. Interior decorating shop.
25. Printing, lithographing or publishing establishment.
27. Radio and television store.
29. Restaurant, tea room or cafe.
31. Storage garage, including repairing and servicing.
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.
39. Used car sales area, provided that no repair or reconditioning of
automobiles shall be permitted, except when enclosed in a building.
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)