The commercial designation is intended to allow commercial development, to provide maximum opportunity and flexibility for a broad array of commercial, institutional, and business uses within walking distance to multiple land use opportunities. Toward this end, the following district is established:

   General Commercial (C)

   The General Commercial (C) district provides for retail centers that serve community-wide needs and neighborhood needs. The General Commercial district provides for commercial areas that include, but are not limited to, large retail uses such as “big box” stores, furniture stores, appliance and home electronics retailers; movie theaters; service commercial businesses; professional business offices; and restaurants. The district also provides for a wide range of smaller-scale business activities which serve the needs of residents who live nearby. Typical businesses include, but are not limited to, food and drug stores, child care, clothing stores, neighborhood-serving convenience stores, and professional and business offices. The regulations in this Chapter are aimed toward ensuring that development within the General Commercial zone is compatible with the surrounding area with respect to the type of use, scale, intensity of development, architectural character, and other impacts upon the community, and that the activities serve the needs of the adjoining residential neighborhoods.

[Ord. No. 474, Section 5, 5/28/08; Ord. No. 515, Exhibit G, 5/22/13; Ord. No. 528, Exhibit I, 9/10/14.]

   (a)   Appendix A of this Development Code indicates the uses permitted in the commercial zone districts. Commercial uses represent the primary permitted uses, although other uses are allowed as accessory, conditionally permitted, and temporary uses, as indicated in Appendix A.

   (b)   Uses listed as conditionally permitted uses are subject to the review requirements and conditions contained in Chapter 17.130 (Conditional Use Permits) of this Zoning Code. Temporary uses and conditions are subject to the review requirements and conditions contained in Chapter 17.155 (Temporary Use Permit). Also, certain uses such as churches and businesses involved in the sale of alcoholic beverages may be subject to Special Use Standards outlined in Chapter 17.80 .

[Ord. No. 474, Section 5, 5/28/08; Ord. No. 515, Exhibit G, 5/22/13; Ord. No. 528, Exhibit I, 9/10/14.]

   A Location and Development Plan approval, as described in Chapter 17.150 (Location and Development Plan) and Chapter 17.100 (Administrative Procedures), is required for all commercial development projects, except as otherwise permitted by this code.

[Ord. No. 474, Section 5, 5/28/08; Ord. No. 515, Exhibit G, 5/22/13; Ord. No. 528, Exhibit I, 9/10/14.]

    (a)   Development Standards Table.

      Table 25-1 sets forth minimum development standards for commercial development projects. The site development criteria set forth in the following subsection are intended to provide minimum standards for the development and use of land within the commercial districts. These site development criteria should be used in conjunction with the adopted Design Standards in Chapter 17.15 of this Zoning Code. Use of the design standards in conjunction with these criteria will assist the designer in determining the best design for any given development project.

 

   (b)   Parking and Loading

      Parking and loading requirements are subject to Chapters 17.65 (Parking and Loading) and 17.15 (Design Review) of this Zoning Code.

   (c)   Trash enclosures

      Trash enclosures shall be provided for any lot or parcel for the temporary storage and collection of trash, rubbish, and/or garbage in accordance with all of the following requirements:

      (1)   Trash enclosures may be located within a building, or if in the open, shall be enclosed by a decorative masonry wall, architecturally compatible with the main building. Such trash enclosure shall include a solid gate for bin access and a separate view obscuring pedestrian access.

      (2)   All trash enclosures visible from streets or public parking areas shall be constructed and finished to be compatible with the architectural details and decor of the primary structure.

      (3)   All trash enclosures shall be regularly cleaned and maintained;

      (4)   All trash containers and trash bins shall incorporate a tight-fitting lid;

      (5)   All trash enclosures shall be located for convenient access by occupants of the site and vehicular access for pick-up and disposal.

      (6)   Trash enclosures are prohibited in the front setback, or any setback areas abutting residential zones, or properties used for residential purposes.

   (d)   Mechanical equipment, utilities, satellite dishes

      Mechanical equipment, utilities, or similar machinery located outside of the exterior walls of any building, including roof-mounted equipment, shall be completely screened from view from any public right-of-way or adjacent residential uses by either view-obscuring landscaping, or architectural features compatible with the main structure(s). All such mechanical equipment, utilities, and satellite dishes shall be maintained to prevent collection of trash and debris and to avoid any unnecessary noise or vibration.

   (e)   Signs

      Signs require separate review and approval and shall be in compliance with Chapter 17.70 (Signs).

   (f)   On-site Lighting

      (1)   All on-site lighting shall be energy efficient, stationary and directed away from adjoining properties and public rights-of-way.

      (2)   Light fixtures shall be shielded so no light is emitted above the horizontal plane of the bottom of the light fixture.

      (3)   Light fixtures shall be shielded so no light above 0.5 footcandle spills over onto adjacent properties and rights-of-way. There shall be no spillover (0.0 footcandle) onto adjacent residential used or zoned properties.

   (g)   Landscaping/Water Conservation

      All landscaping shall comply with the requirements of Chapters 17.60, Landscaping/Water Conservation and 17.15 Design Review of this Zoning Code.

   (h)   Buffering and Screening

      (1)   A minimum eight (8) foot high masonry wall shall be provided adjacent to any residentially zoned areas.

      (2)   A low wall, berm, or solid landscaped hedge shall be provided between public streets and parking and driveway areas to screen parking areas, per Chapter 17.60 (Landscaping/Water Conservation).

[Ord. No. 474, Section 5, 5/28/08; Ord. No. 515, Exhibit G, 5/22/13; Ord. No. 528, Exhibit I, 9/10/14.]

   The establishment, operation, and maintenance of any alcoholic beverage establishment is subject to the following regulations:

   (a)   It is unlawful to establish an on-site alcoholic beverage establishment for patrons of legal drinking age or older if the location is:

      (1)   Within one thousand feet (1,000') of any area zoned or used for any church or park or any educational institution utilized by minors; or

      (2)   Within one thousand feet (1,000') of any area zoned or used for residential purposes.

   (b)   Zoning districts in which on-site and off-site sales of alcoholic beverages are permitted are shown in Appendix A of this Zoning Code.

   (c)   The establishment of any alcoholic beverage establishment includes the opening of such a business as a new business, the relocation of such business, the conversion of an existing use or premises to any alcoholic beverage establishment, and/or the expansion or change of the type of alcoholic beverages to be sold at an alcoholic beverage establishment (that is, a change in the type of retail liquor license within a license classification).

   (d)   Notwithstanding the above provisions, any property owner or his/her/its authorized agent may request exceptions or modifications of the location provisions of this Section in conjunction with the required Conditional Use Permit application. No application shall be approved unless the findings required for a Conditional Use Permit contained in Chapter 17.130 and the following findings are made:

      (1)   That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this Section will be observed;

      (2)   That the proposed use will not enlarge or encourage the development of a blighted area;

      (3)   That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any other city program; and

      (4)   That all applicable regulations of the zoning district in which the use is permitted will be observed.

[Ord. No. 474, Section 5, 5/28/08; Ord. No. 515, Exhibit G, 5/22/13; Ord. No. 528, Exhibit I, 9/10/14.]

   (a)   Noise levels shall not exceed the standards set forth in Chapter 17.90 (Performance Standards) of this Zoning Code, when measured at the nearest residential property line.

   (b)   Entertainment uses providing dancing, music, and similar activities may be required to submit a Security Plan for review by the Planning Department, the Police Department, and the Fire Department. This Security Plan, which may be approved by the Planning Director or his/her designee, may include information on the number and type of security personnel to be on duty during hours of operation, the type of equipment provided to the security personnel, and proposed methods of coordination with public safety personnel (police and fire).

   (c)   Dancing, music, and similar entertainment uses shall not be permitted between the hours of 2:00 a.m. and 10:00 a.m.

   (d)   The City may apply additional requirements or limitations to ensure compatibility with surrounding land uses where the use in question relies upon a Conditional Use Permit, Temporary Use Permit, or other discretionary permit.

[Ord. No. 474, Section 5, 5/28/08; Ord. No. 515, Exhibit G, 5/22/13; Ord. No. 528, Exhibit I, 9/10/14.]

   The following restrictions apply to outdoor display of goods and materials:

   (a)   Only goods and materials sold or used on site may be stored or displayed.

   (b)   No display shall exceed six feet (6') in height, except as approved by a Location and Development Plan Approval, Conditional Use Permit, or Temporary Use Permit as outlined in Chapters 17.150 (Location and Development Plan), 17.130 (Conditional Use Permits), and 17.155 (Temporary Use Permit), respectively, of this Zoning Code.

   (c)   The outdoor display of garden equipment, supplies, and building materials shall be permitted only within the side and rear yards.

   (d)   No outdoor display shall occupy any part of a required parking area except by approval of a Temporary Use Permit.

   (e)   Outdoor display shall not violate clear corner area standards of Section 17.10.080 (Clear Areas) of this Zoning Code.

   (f)   Outdoor display areas shall provide adequate security lighting.

   (g)   Goods and merchandise shall not be displayed or kept in any required landscaped area unless approved as part of the Location and Development Plan approval process.

[Ord. No. 474, Section 5, 5/28/08; Ord. No. 515, Exhibit G, 5/22/13; Ord. No. 528, Exhibit I, 9/10/14.]

   (a)   General

      No person shall establish or operate a recycling facility without first obtaining the Conditional Use Permit required by this Zoning Code. Permitted recycling facilities shall comply with all applicable criteria and standards as follows and any additional conditions which may be established by any discretionary permit process.

   (b)   Reverse Vending Machines

      Reverse vending machines occupying up to but not more than fifty (50) square feet of floor area within or directly adjacent to a commercial structure shall:

      (1)   Be located within thirty feet (30') of the entrance to the primary use and shall not obstruct pedestrian or vehicular circulation;

      (2)   Not occupy parking spaces required by the primary use;

      (3)   Not require additional parking spaces;

      (4)   Not be more than eight feet (8') in height;

      (5)   Be constructed and maintained with durable waterproof and rustproof material;

      (6)   Be clearly marked with operating instructions and the telephone number of a responsible person to call if the machine is out of order;

      (7)   Be maintained in a clean and litter- free condition on a daily basis;

      (8)   Be illuminated to ensure comfortable and safe operation; and

      (9)   Be usable at least as long as the operating hours of the primary use.

   (c)   Small Collection Recycling Facilities and Mobile Recycling Units

      Small collection facilities and mobile recycling units occupying less than five hundred (500) square feet of floor area shall:

      (1)   Be established in conjunction with a primary use which is in compliance with the zoning, building, fire, and health codes of the City;

      (2)   Occupy no more than three (3) of the parking spaces required for the primary use, not including spaces required for the periodic removal of containers or materials;

      (3)   Not obstruct pedestrian or vehicular circulation;

      (4)   Accept only glass, metals, plastic containers, and paper. Other reusable materials may be permitted if reviewed and deemed appropriate by the Planning Director;

      (5)   Use no power driven equipment other than that required to operate reverse vending machines;

      (6)   Be constructed and maintained with durable waterproof and rustproof material;

      (7)   Be secure when the site is not attended;

      (8)   Be of sufficient capacity to accommodate materials collected and the proposed collection schedule;

      (9)   Be maintained in a clear and litter-free condition on a daily basis;

      (10)   Be clearly marked with operating instructions and a telephone number of a responsible person to call if the facility is out of order;

      (11)   Require no additional parking spaces; and

      (12)   Be attended during their hours of operation, which should be at least as long as those of the primary use(s) to which they are appurtenant.

   (d)   Large Collection Recycling Facilities

      Large collection recycling facilities covering more than five hundred (500) square feet of floor area or established independent shall:

      (1)   A lot proposed for a Large Collection Recycling Facility shall maintain a three hundred foot (300') distance from a residential used or zoned property;

      (2)   Be maintained free of litter and other undesirable materials;

      (3)   Provide covers and secure containers for the exterior storage of material;

      (4)   Provide one parking space for each five hundred (500) square feet of gross floor area, plus one space for each employee and one space for each commercial vehicle operated by the facility;

      (5)   Be attended during hours of operation, which shall be limited to the hours of 8:00 a.m. to 5:00 p.m. daily; and

      (6)   Be operated in a manner so as not to disrupt the activities of adjacent uses.

[Ord. No. 474, Section 5, 5/28/08; Ord. No. 515, Exhibit G, 5/22/13; Ord. No. 528, Exhibit I, 9/10/14.]

   (a)   Conditional Use Permit

      A Conditional Use Permit (CUP) shall be required for the continued operation, or establishment of a new or expanded service station if one, or more, of the following circumstances apply:

      (1)   Any new service station.

      (2)   An alteration, expansion, or modification in the floor area of an existing service station. Any such alteration, expansion, or modification shall be subject to the requirements of this Section.

      (3)   Any alteration, expansion, or modification in the land area on which the service station is located, whether by purchase, lease, business or lot combination or acquisition, or similar method. Any such alteration, expansion, or modification shall be subject to the requirements of this Section.

      (4)   The introduction of any new accessory uses permitted under Section 17.25.020 (Permitted Uses, Accessory Uses, Temporary Uses and Conditional Uses), and Appendix A , or introduction of alcoholic beverage sales, per Section 17.25.060 (Alcoholic Beverage Establishments), or any similar change in the operational characteristics of the service station shall be subject to the requirements of this section.

      (5)   All Conditional Use Permit (CUP) applications shall comply with all development standards for service stations identified in Section 17.25.100 , and all other applicable codes and regulations.

   (b)   Operational Regulations

      The following operational regulations shall apply to service stations and accessory uses in conjunction with service stations:

      (1)   Location of Activities

         All activities and operations shall be conducted entirely within an enclosed structure, except for the following, which shall be permitted unless otherwise conditioned by the Conditional Use Permit (CUP):

         A.   Sales and dispensing of motor vehicle fuel;

         B.   Incidental, minor maintenance commonly conducted at service islands, such as dispensing of air and water, replacement of windshield wipers, fuses, and lamps, and replenishing motor vehicle fluids and lubricants.

      (2)   Parking and Vehicle Storage

         A.   Off-street parking shall be provided as specified in Chapter 17.65 (Parking and Loading).

         B.   No vehicles or equipment may be stored outside. All vehicles being serviced or waiting to be serviced shall be stored indoors. Vehicles waiting for same day service may be parked only in parking spaces and may not be left outdoors overnight.

         C.   The parking of vehicles and equipment for purposes of sale is prohibited.

         D.   The storage of rental vehicles shall not occupy any parking space provided to meet the parking requirements of the service station or any other accessory use.

         E.   No vehicles shall be parked or stored in the public right-of-way.

         F.   Fuel and product delivery trucks shall not obstruct the public right-of-way during delivery or create any vehicle stacking on the street. A service station attendant shall be responsible for monitoring and directing traffic during fuel or product deliveries to ensure that no adverse impacts are created.

      (3)   Signs

         Signs shall be subject to the provisions of Chapter 17.70 (Signs).

   (c)   Design and Development Regulations (also see Chapter 17.15).

      (1)   The following design and development regulations shall apply to any new service station and to any existing service station meeting any of the criteria specified in Chapter 17.130 (Conditional Use Permit).

      (2)   All service station sites shall front on streets designated as Super Arterial, Major Arterial, or Major Collector on the Circulation Element Map, Figure V-4 of the General Plan.

      (3)   The minimum lot size for service stations is 20,000 square feet.

      (4)   All service stations shall have a minimum street frontage of one-hundred twenty-five (125) feet.

      (5)   The following setbacks shall be maintained:

 

 

      (6)   Access

         A.   Driveways shall be designed and located to ensure safe and efficient movement of traffic on and off the site to and from the lane of traffic nearest the curb. All driveways shall be located and constructed according to the City standards.

         B.   Driveways for service stations which are developed as part of, or in conjunction with adjacent uses shall be compatible with the overall circulation of adjacent uses.

         C.   On-site driveways shall be a minimum of twenty-six (26) feet wide for two-way traffic or twenty (20) feet wide for one-way traffic.

         D.   Provisions for on-site queuing lanes shall be made.

         E.   Queuing lanes shall not interfere with access to required parking spaces and driveways.

      (7)   All drainage to the street shall be by underground structures to avoid drainage across City walks or drive aprons, and shall be subject to approval by the City Engineer. Drainage shall be handled in a manner that will not allow fuel to drain into any city or public storm drain system (if present). Fuel spill must be able to be contained on-site.

      (8)   The following use classifications shall be permitted as accessory uses to a service station, subject to the approval of Conditional Use Permit (CUP), or an amendment to an existing CUP, pursuant to Chapter 17.130 (Conditional Use Permits).

         A.   Convenience markets

         B.   Automated or Hand Car Wash

         C.   Minor Auto Repair / Service (all work to be performed indoors)

         D.   Electronic equipment installation (all work to be performed indoors)

         E.   Rental of Trailer, Trucks and Vehicles shall be permitted as an accessory use subject to the following:

            i.   The rental equipment does not occupy or interfere with the required parking for the service station.

            ii.   The rental operation is clearly incidental to and secondary to the primary use; and

            iii.   Rental equipment shall not obstruct vehicle or pedestrian access or line-of-sight

[Ord. No. 474, Section 5, 5/28/08; Ord. No. 515, Exhibit G, 5/22/13; Ord. No. 528, Exhibit I, 9/10/14.]

   The purpose of this subsection is to ensure that drive-through facilities do not impose adverse impacts on adjacent uses or the surrounding neighborhood because of customer or employee parking demand, traffic generation, noise, light or litter. Review of proposed development plans shall check consistency with the goals, objectives and policies of the General Plan and compliance with the requirements of this Zoning Ordinance.

   (a)   Location Standards

      (1)   Drive-through businesses shall not disrupt the pedestrian activity of adjacent or nearby commercial uses or commercially zoned property.

      (2)   The use shall not interfere with the normal activity of adjacent or adjoining properties or potential for planned commercial development.

      (3)   Drive-through businesses shall not locate within 150 feet of residential used property or residential zoning district, without issuance of a Conditional Use Permit.

   (b)   Development Standards

      (1)   Access

         A.   Each developed site shall not have more than one (1) point of access per street frontage.

         B.   Drive-through aisles shall not take direct access from a public street or thoroughfare, but instead take access from a parking area or on-site drive aisles.

      (2)   Hours

         A.   A drive-through located adjacent to any residential use or district shall not open prior to 6:00 am or after 10:00 p.m.

         B.   The approval of administrative or discretionary permits may further restrict the hours of operation for such use when adjacent to residential uses or residential districts and where modified hours are necessary to mitigate potential adverse impacts related to noise, traffic, or lighting.

      (3)   Drive-through Lane/Stacking for food establishments

         A.   Drive-through lanes shall have a minimum length of 120 feet from entry to pick-up window, accommodating six (6) vehicles.

         B.   The lane shall have a minimum width of ten (10) feet on the straight section and twelve (12) feet on curved sections.

         C.   Design of drive-through lanes shall incorporate a combination of landscaping, low screen walls, and trellises.

         D.   Drive-through lanes shall be situated to best separate pedestrian and vehicular uses, including avoidance of walkways and designated pedestrian pathways.

         E.   A physical barrier with a low wall or solid landscaped hedge 36" to 42" in height shall separate the drive-through lane from other parking and circulation areas and shall also be required adjacent to public rights-of way, per Chapter 17.60 (Landscaping/Water Conservation).

      (4)   Drive-through Lane/Stacking for non-food establishments

         A.   Drive-through lanes shall have a minimum length of 60 feet from entry to pick-up window, accommodating three (3) vehicles.

         B.   The lane shall have a minimum width of ten (10) feet on the straight section and twelve (12) feet on curved sections.

         C.   Design of drive-through lanes shall incorporate a combination of landscaping, low screen walls, and trellises.

         D.   Drive-through lanes shall be situated to best separate pedestrian and vehicular uses, including avoidance of walkways and designated pedestrian pathways.

         E.   A physical barrier with a low wall or solid landscaped hedge 36" to 42" in height shall separate the drive-through lane from other parking and circulation areas and shall also be required adjacent to public rights-of way.

      (5)   Location and Setbacks. Drive-through lanes shall not be located within required setbacks or required landscape areas. The lanes shall comply with the Parking Area setback standard per Table 25-1(G).

      (6)   Noise. Noise emanating from sound systems, including intercom and public address systems, shall not be audible beyond the property line.

      (7)   Signs. All signs shall conform to Chapter 17.70, Signs. Drive-through businesses within or abutting a commercial shopping center must comply with the sign program for the commercial center. For drive-through businesses abutting a commercial shopping center, signs shall be consistent and compatible with the center. In addition, drive-through businesses may have two (2) menu signs with a maximum height of six (6) feet and a maximum sign area of twenty-four (24) square feet.

      (8)   Landscaping/Water Conservation. Berming and landscaping shall be provided to screen the entire drive-through area. Landscaping requirements shall be subject to Chapter 17.60, Landscaping/Water Conservation and Chapter 17.15 of this Zoning Code.

   (c)   Permits Required

      The following review process shall be followed:

      (1)   A Conditional Use Permit and Location and Development Plan are required for any drive-through facility closer than 150 feet to a residential use or residentially zoned property. The distance is measured from property line to property line of the subject drive-through facility to the residential lot or residentially zoned property; or

      (2)   A Location and Development Plan is required for all other proposed drive-through facilities in compliance with this Zoning Code.