A.
The
regulations contained in this chapter shall apply in the OC Zone unless
otherwise provided in this title. This zone strives to achieve balanced
use of the City's Waterfront and maintain the small scale, local character
that is unique to the Waterfront area. Land uses shall be encouraged
in this zone that maintain and enhance the desirability of the Waterfront
as a place to work, visit, and live. This zone is intended to foster
a vital, mixed use neighborhood and preserve and protect the coastal
environment in terms of light, air, and visual amenities.
B.
Land
classified in the OC zone may also be classified in the HRC-2 (Hotel
and Related Commerce 2) zone and those land uses authorized within
the HRC-2 zone are also allowed uses within the dual OC/HRC-2 zone.
(Ord. 5343, 2005)
Any of the following uses are permitted, provided that such
operations, manufacturing, processing, or treatment of products are
not obnoxious or offensive by reason of emission of odor, dust, gas,
fumes, smoke, liquids, wastes, noise, vibrations, disturbances, or
other similar causes which may impose hazard to life or property:
A.
Ocean-dependent
and ocean-oriented uses such as:
1.
Aquaculture
facilities.
2.
Boat
and boat trailer rental.
3.
Marine
equipment and accessories manufacturing, sales, repair, storage, or
rental.
4.
Marine-oriented
government facilities.
5.
Marine
research and development facilities.
6.
Offices
of businesses engaged in ocean-related activities.
7.
Boat
and sail manufacturing and repair.
8.
Seafood
processing, wholesaling, storage, and related activities.
9.
Services
necessary for commercial fishing activities, including such facilities
as net repair areas, ice machines, and storage areas.
10.
Ocean-oriented educational facilities.
C.
Arts
related uses such as:
1.
Art
galleries (may include sales).
2.
Art
schools.
3.
Art
studios/workspaces (may include sales).
4.
Blueprinting,
photostatting, printing, lithographing, or publishing establishments.
5.
Industrial
arts and crafts uses, including, but not limited to, framing, jewelry
making, metallurgy, pottery, sculpture, specialty sewing/monogramming,
and weaving (industrial arts and crafts uses may include sales).
|
For the purposes of this chapter, the term "art" shall be defined
as the creative application of a specific skill, the purpose of which
is to create objects of form or beauty.
|
D.
Restaurants.
E.
Residential
Uses.
1.
Generally.
Any use permitted in the R-3 zone is allowed in the area bounded by
Helena Avenue on the west, the existing railroad right-of-way on the
south, Garden Street on the east and Highway 101 on the north, subject
to the restrictions and limitations contained in this chapter so long
as the R-3 use is constructed as a project providing a mix of allowed
nonresidential and residential use where the residential use will
not exceed 70% of the total building floor area of the development
project.
Any parcel of 5500 square feet or less in size which exist as of the date of the adoption of the ordinance codifying this amendment to Chapter 28.71 and which is not contiguous to another adjacent parcel(s) which is held in common ownership with the first parcel shall be exempt from the above-described mixed-use requirements.
2.
Affordable
Housing Projects. Development projects comprised exclusively of units
affordable to very low, low, or moderate income households (as evidenced
by the recordation of long-term affordability covenants consistent
with the City's Affordable Housing Policies and Procedures) shall
be exempt from the above-stated mixed-use requirements for this zone.
3.
Existing
Residential Buildings. Residential buildings which exist at the time
of the adoption of the Ordinance enacting this chapter (as established
by the existence of a valid certificate of occupancy issued by the
City), shall not be deemed nonconforming to the requirements of this
chapter and such buildings may be rehabilitated or remodeled (but
not demolished) and expanded so long as any such permitted expansion
(or expansions in total) does not exceed 20% of the floor area of
the existing dwelling unit with the floor area and percentage calculated
as of the date of the adoption of the Ordinance enacting this chapter.
F.
Small
Stores. Stores that sell liquor, groceries, or food that do not exceed
2,500 square feet in gross floor area.
G.
OC
Uses Found Consistent. Other ocean-dependent, ocean-oriented, commercial
recreational, or arts-related uses that are found to be consistent
with the intent of the OC zone by the Planning Commission.
(Ord. 5343, 2005)
A.
Alcoholic beverage retail establishments. In the OC Zone, alcoholic beverage retail establishments 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.
B.
Automobile related uses. In the OC Zone, automobile rentals and parking lots shall be permitted with a conditional use permit issued in accordance with the provisions of Chapter 28.94 of this Code.
C.
Small
hotels. In the OC zone, small hotels shall be permitted upon the issuance
of a conditional use permit in the OC zone area designated for "small
hotel" on the map attached to the ordinance codified in this chapter
as Exhibit A subject to the following express limitations:
1.
A
small hotel may not have more than six guest rooms;
2.
The
size of each hotel guest room shall be limited to a maximum of 300
square feet of floor area (including hallways, closets, baths, interior
circulation and other similar floor area) and the room may not include
an individual kitchen area;
3.
A
common kitchen / dining / lobby area is allowed but may not be located
within a guest room;
4.
A
manager's residential unit is allowed with a maximum of 600 square
feet of floor area provided that the manager's unit is located adjacent
to, or with immediate access to, the common or lobby area and provided
that it not have a separate access from outside the common area.
D.
Findings required for small hotels. Planning Commission approval of small hotels in the area of the OC zone for which they are authorized by subsection B of this section shall be subject to all of the following CUP findings:
That the small hotel:
1.
Will
support the goals of the Local Coastal Plan and OC zone to promote
a vital, mixed use neighborhood in the waterfront comprised of a diversity
of land uses;
2.
Is
part of a mixed-use project and in a mixed-use setting within a property
having pre-existing legal uses or permitted OC uses;
3.
Is
compatible with the surrounding land uses and OC uses;
4.
May
include a manager's unit if it is necessary to support the hotel or
other improvements on the site;
5.
Will
not be materially detrimental to the public peace, health, safety,
comfort and general welfare and will not materially affect property
values in the particular neighborhood involved;
6.
Has
a sufficient area for the site and has a design for the facilities
of an appropriate magnitude in view of the character of the land and
in view of the proposed development that significant detrimental impact
on surrounding properties is avoided;
7.
Will
provide adequate access and off-street parking in a manner and amount
so that the demands of the development for such facilities are adequately
met without altering the character of the public streets in the area
at any time; and
8.
Will
have an appearance (in terms of its arrangement, height, scale, and
architectural style of the buildings, location of parking areas, landscaping,
and other features) which is compatible with the character of the
area.
(Ord. 5343, 2005; Ord. 6026 § 6, 2021)
All development in the Coastal Overlay Zone (S-D-3) is subject to review pursuant to Chapter 28.44 of this code.
(Ord. 5343, 2005; 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. 5343, 2005; Ord. 5609, 2013)
No building or structure in the OC zone shall exceed three stories
nor exceed 45 feet in height.
(Ord. 5343, 2005)
A.
Lot
Area and Frontage Requirements. All buildings or portions thereof
used for dwelling purposes shall comply with the lot area and frontage
provisions of the R-3 Zone.
B.
Outdoor
Living Space. All buildings or portions thereof used for dwelling
purposes shall comply with the outdoor living space provisions of
the R-3 zone.
(Ord. 5343, 2005)
Off-street parking and loading space shall be provided as required in Chapter 28.90 of this title.
(Ord. 5343, 2005)
