Zoning
Chapter 17.26
C-1, C-2 AND C-3 COMMERCIAL ZONES

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17.26. 010 General provisions.

In the C-zones, no building shall be erected, constructed, reconstructed, structurally altered, or shall any building or land be used for any purpose except as hereinafter specifically provided and allowed by this chapter. (Prior code Appx. A, § 8-1

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17.26. 020 Specific purposes.

A. In addition to the general purposes listed in Chapter 17.02 the specific purposes of the commercial zones are to:

1. Provide appropriately located areas consistent with the general plan for a full range of office, retail commercial, and service commercial uses needed by residents of, and visitors to, the city and region;
2. Strengthen the city's economic base, and also protect small businesses that serve city residents;
3. Create suitable environments for various types of commercial and compatible residential uses, and protect them from the adverse effects of inharmonious uses;
4. Minimize the impact of commercial development on adjacent residential districts;
5. Ensure that the appearance and effects of commercial building and uses are harmonious with the character of the area in which they are located;
6. Ensure the provision of adequate off-street parking and loading facilities;
7. Provide sites for public and semi-public uses needed to complement commercial development or compatible with a commercial environment;

B. The additional purposes of each zone are as follows:

1. C-1 Neighborhood Commercial Zone. To provide sites for a mix of small local businesses appropriate for, and serving the daily needs of nearby residential neighborhoods; while establishing land use regulations that prevent significant adverse effects on abutting residential uses.
2. C-2 Downtown Commercial Zone. To provide opportunities for a limited range of office, retail, and service commercial uses specifically appropriate for the scale and character of the downtown -- resident and visitor serving pedestrian oriented shopping/entertainment district.
3. C-3 General Commercial Zone. To provide opportunities for the full range of office, retail, and service businesses deemed suitable for the city, and appropriate for the Pacific Coast Highway and Aviation Boulevard commercial corridors, including business not appropriate for other zones because they attract heavy vehicular traffic or have specific adverse impacts. (Ord. 95-1130 § 1, 1995: prior code § 8-2)

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17.26. 030 C-1, C-2 and C-3 land use regulations.

In the following matrix, the letter "P" designates use classifications permitted in commercial zones. The letter "U" designates use classifications permitted by approval of a conditional use permit. Use classification not listed are prohibited. Section numbers listed under "see section" reference additional regulations located elsewhere in the zoning ordinance or this code. For definition of the listed uses see Section 17.04.060.

C-1, C-2 and C-3 ZONES, LAND USE REGULATIONS

P = Permitted
- = Not Permitted
U = C.U.P. Required (See Chapter 17.40)

* Allowed by special permit by city council on public streets/right-of-way, pursuant to Section 12.12.070, and permitted by right on private property in conjunction with such a special permit. (Ord. 01-1214 §4 part, 05/08/01; Ord. 97-1174 §1, 08/12/97; Ord. 96-1157 §1, 1996: Ord. 95-1130 §2, 1995: Ord. 94-1118 §1, 1995: prior code Appx. A, §8-3)

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17.26. 040 Similar use permitted.

When a use is not specifically listed in this chapter, it shall be understood that the use is prohibited unless it is determined by the community development director that the use is similar to and not more objectional than other uses listed.

It is further recognized that every conceivable use cannot be identified in this chapter, and anticipating that new uses will arise over time, this section authorizes the community development director to compare a proposed use and measure it against those listed for determining similarity. The director's determination shall not be final until confirmed by the city council as a consent calendar item on the council agenda following the director's determination.

In determination similarity the director shall make all of the following findings:

A. The proposed use shall meet the intent of, and be consistent with the goals, objectives and policies of the general plan;

B. The proposed use shall meet the stated purpose and general intent of the zone in which the use is proposed to be located;

C. The proposed use shall not adversely impact the public health, safety and general welfare of the city's residents; and

D. The proposed use shall share characteristics common with, and not be of greater intensity, density or generate more environmental impact, than those uses listed in the zone in which it is to be located. (Ord. 95-1130 § 3, 1995: prior code Appx. A, § 8-4)

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17.26. 050 Standards and limitations.

Every use permitted or maintained in C-zones shall be subject to the following:

A. Parking. Parking shall be provided as specified by Chapter 17.44.

B. Enclosures. All uses shall be conducted wholly within a building enclosed on all sides, except for the following:

1. Outdoor uses may be permitted by Conditional Use Permit for uses listed as stated in the permitted use list;
2. Commercial parking lot;
3. Uses incidental to a use conducted primarily within a building located on the premises; provided, that such incidental uses are not conducted in whole or in part on sidewalks, public ways or within any required front or rear yard; and provided, further, that such incidental uses are of a type which cannot be economically or practically conducted within buildings. Where incidental uses are not conducted within a building, no part of the area devoted to the incidental uses shall be considered as part of the required parking facilities. All outdoor storage or activities shall be substantially screened from public visibility, public streets, parks or other public places, and properties;
4. Temporary outdoor merchandise display and outside dining in conjunction with a temporary outdoor event such as a sidewalk sale, authorized by the City Council by special permit as set forth in Section 12.12.070.
5. Outdoor dining or seating located in front of a restaurant or snack shop located on Pier Avenue, authorized by an Encroachment Permit for use of the public right-of-way obtained pursuant to Section 12.16.090 of the Municipal Code, which may include sales and consumption of alcohol in outdoor dining areas in conjunction with a Conditional Use Permit for on-sale alcohol within the indoor premises of the restaurant, subject to approval of the State Alcoholic Beverage Control Department.

C. Merchandise. No merchandise shall be sold other than at retail. Sale of repossessed merchandise or secondhand merchandise taken in by the seller as a trade-in on new merchandise is permissible, provided that such sales are conducted on the premises where such merchandise was originally sold, or any successor locations.

D. Signs. Signs for this section are regulated by Section 17.50.140.

E. Building Height.

1. In the C-1 zone, any building may have a maximum height of thirty (30) feet.
2. In the C-2 zone, no building shall exceed a maximum height of thirty (30) feet.
3. In the C-3 zone, no building shall exceed a maximum height of thirty-five (35) feet.

F. Front Yard Setback. No lot need provide a front yard except as may be required by a precise plan.

G. Alley Setback. Buildings shall conform with Section 17.44.130.

H. Rear and Side Yard Setback Adjacent to Residential Zones.

1. C-3 Zone. A minimum rear and/or side yard setback of eight feet shall be provided, and an additional two feet of setback shall be provided for each story over the first story for structures that abut residential zones, except where public rights-of-way, twenty (20) feet or greater in width, separate the commercial zone from the residential zone.
2. C-1 and C-2 Zones. A minimum rear and/or side yard setback of five feet shall be provided, except where public rights-of-way twenty (20) feet or greater in width, separate the commercial zone from the residential zone.
3. Existing Buildings. Existing commercial buildings that do not comply with the above setback requirement adjacent to residential zones shall not be considered "nonconforming buildings" under the terms of Chapter 17.52. Therefore, such buildings may be remodeled or expanded as long as any new constructions conforms with the above setback requirements.

I. Landscaping Adjacent to Residential Zones. The required rear and/or side yard area shall be landscaped and provided with an automatic watering system. Size, quantity and type of landscaping shall be subject to review and approval by the planning director. Landscaping shall be appropriately maintained, trimmed and void of weeds. (Ord. 97-1171 § 1, 06/10/97; Ord. 94-1115 § 1, 1994; Ord. 94-1100 § 2, 1994; prior code Appx. A, § 8-5)

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