36 - COMMERCIAL AND MIXED USE DISTRICTS*
The general plan outlines goals, objectives and policies regarding the character of commercial uses and development. It is the purpose of this chapter to provide regulations that implement those goals, objectives and policies, and that are aimed toward the provision of adequate and appropriate commercial areas within the city. These commercial areas, or districts, must be conveniently located, efficient, attractive, and have safe and easy pedestrian and vehicular circulation in order to serve the retail and service commercial needs of Arroyo Grande residents and businesses.
In addition to the above, the commercial and mixed use districts are included in the zoning regulations to achieve the following purposes:
A.
Provide appropriately located areas for office uses, retail stores, service establishments, and commercial commodities and services required by residents of the city and the surrounding market area;
B.
Encourage the concentration of office and commercial uses for the convenience of the public and to secure a more mutually beneficial relationship to each other;
C.
Provide adequate space to meet the needs of modern commercial development. This includes off-street parking and loading areas;
D.
Minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them;
E.
Promote high standards of site planning, architecture and landscape design for office and commercial developments within the city; and
F.
Promote compact community design to enhance safety and reduce auto travel by providing shopping services, jobs and housing in proximity.
(Ord. 544 § 3, Exh. B (part), 2003)
A.
Industrial Mixed Use (IMU) District. The primary purpose of the IMU district is to provide a sound and diversified economic base and employment opportunities for the citizens of Arroyo Grande. It is the further intent of this chapter to accomplish this via the establishment of a specific, well-defined pattern of industrial activities which is compatible with residential, commercial, institutional, and other uses within the community; has good access to the regional transportation system; accommodates the personal needs of workers and business visitors; and which meets the service needs of local businesses. The IMU district implements and is consistent with the mixed use land use category of the general plan. In addition to the above, it is the further intent of the IMU district to:
1.
Reserve appropriately located areas for industrial uses and protect these areas from intrusion by inharmonious uses;
2.
Protect residential, commercial and nuisance-free non-hazardous industrial uses from noise, odor, dust, smoke, truck traffic and other objectionable influences and from fire, explosion, radiation and other hazards incidental to certain heavy industrial uses;
3.
Minimize traffic congestion and to avoid the overloading of utilities by restricting the construction of buildings of excessive size in relation to the amount of land around them. Refer to Table 16.36.020(A) for minimum site development standards and Table 16.36.030(A) for allowable uses.
Table 16.36.020(A)
Industrial Mixed Use (IMU)
Minimum Site Development Standards
B.
Traffic Way Mixed Use (TMU) District. The primary purpose of the TMU district is to provide for vehicle sales and services, related retail and office uses and visitor serving facilities convenient to both freeway traffic and vehicles or pedestrians from the nearby village area. Development standards and design guidelines are intended to enhance this specialized mix of uses at the southern gateway to Arroyo Grande which include automobile and small truck sales and service, equipment rental, repair and related services, offices, wholesale and retail sales including outdoor display, motels, restaurants and limited residential uses functioning as live-work units. The TMU district implements and is consistent with the Mixed Use land use category of the general plan. Refer to Table 16.36.020(B) for minimum site development standards and Table 16.36.030(A) for allowable uses. See design guidelines and standards for the vicinity of Traffic Way and Station Way for additional requirements.
Table 16.36.020(B)
Traffic Way Mixed Use (TMU)
Minimum Site Development Standards
C.
Village Core Downtown (VCD) District. The primary purpose of the VCD district is to provide for a combination of commercial, office, upper-story residential uses and compatible related development to promote pedestrian use and enjoyment of the downtown village area. Regulations for the VCD district combined with the historic character overlay district, promote and preserve older architectural styles compatible with the historical, small-town nature of Arroyo Grande. Typical uses may include, but are not limited to, second-story residential and office, specialty retail and studios such as art galleries, book-stores, antique stores, flower shops, personal services, small markets and restaurants (without drive-through windows). The VCD district implements and is consistent with the village core land use designation of the general plan. Refer to Table 16.36.020(C) for minimum site development standards and Table 16.36.030(A) for allowable uses.
Table 16.36.020(C)
Village Core Downtown (VCD)
Minimum Site Development Standards
D.
Village Mixed Use (VMU) District. The primary purpose of the VMU district is to provide for a mixture of commercial, office and residential uses compatible with surrounding residential districts, in small-scale pedestrian-oriented developments. Regulations for the VMU district combined with the historic character overlay district promote and preserve older architectural styles, and encourage a harmonious intermingling of other structures. This district encourages use of existing residential buildings for non-residential uses. Typical uses may include single and multiple family residential, specialty retail sales, professional offices, personal services and neighborhood markets. The VMU district implements and is consistent with the village core land use designation of the general plan. Refer to Table 16.36.020(D) for minimum site development standards and Table 16.36.030(A) for allowable uses.
Table 16.36.020(D)
Village Mixed Use (VMU)
Minimum Site Development Standards
E.
Gateway Mixed Use (GMU) District. The primary purpose of the GMU district is to provide for the combination of financial institutions, retail, office and commercial uses and multi-family residences with retail and other pedestrian-oriented uses on the ground floors of structures fronting E. Grand Avenue, and residential units or offices allowed on upper floors. Regulations for the GMU district, combined with the Design Guidelines and Standards for the GMU intensifies both commercial development and multi-family housing opportunities in the western gateway to the City. The GMU district implements and is consistent with the Mixed Use land use designation of the General Plan. Refer to Table 16.36.020(E) for minimum site development standards and Table 16.36.030(A) for allowable uses.
Table 16.36.020(E)
Gateway Mixed Use (GMU)
Minimum Site Development Standards
* NOTE: Densities do not include density bonus. See Chapter 16.80
F.
Fair Oaks Mixed Use (FOMU) District. The primary purpose of the FOMU district is to provide for the combination of retail and service uses with an emphasis on those related to home improvement, as well as restaurants, offices, visitor serving uses and multi-family residences that are preferably incorporated in a mixed use project. Regulations for the FOMU district, combined with the Design Guidelines and Standards for the vicinity of the FOMU, intend to promote a pedestrian accessible mixed use district with shared parking and transition to surrounding residential neighborhoods. The FOMU district implements and is consistent with the Mixed Use land use designation of the General Plan. Refer to Table 16.36.020(F) for minimum site development standards and Table 16.36.030(A) for allowable uses.
Table 16.36.020(F)
Fair Oaks Mixed Use (FOMU)
Minimum Site Development Standards
* NOTE: Densities do not include density bonus. See Section 16.80
G.
Highway Mixed Use (HMU) District. The primary purpose of the HMU district is to provide areas for a variety of visitor-serving and auto-related uses in areas convenient to both freeway traffic and vehicles or pedestrians. Development standards and design guidelines are intended to enhance this specialized mix of uses which include automobile sales and service and repair offices, wholesale and retail sales including outdoor display, motels, restaurants and limited residential uses functioning as live-work units. The HMU district implements and is consistent with the Mixed Use land use category of the General Plan. Refer to Table 16.36.020(G) for minimum site development standards and Table 16.36.030(A) for allowable uses.
Table 16.36.020(G)
Highway Mixed Use (HMU)
Minimum Site Development Standards
* NOTE: Densities do not include density bonus. See Chapter 16.60
H.
Office Mixed Use (OMU) District. The primary purpose of the office mixed use (OMU) district is to provide areas for the establishment of corporate, administrative, and medical offices and facilities, commercial services that are required to support major business medical development, and multi-family housing. Retail facilities and support business are encouraged to serve nearby office and residential uses. Typical uses include, but are not limited to, professional and medical offices, business-related retail and service functions, restaurants, health clubs, financial institutions, medical and health care facilities and multi-family housing. The OMU district implements and is consistent with the office professional/medical-hospital and mixed land use designation of the general plan. Refer to Table 16.36.020(H) for minimum site development standards and Table 16.36.030(A) for allowable uses. Requirements of this section supersede corresponding requirements within the Planned Development 1.1 and Planned Development 1.2 districts.
Table 16.36.020(H)
Office Mixed Use (OMU)
Minimum Site Development Standards
* NOTE: Densities do not include density bonus. See Chapter 16.80
I.
Regional Commercial (RC) District. The primary purpose of the RC is to provide for a diversity of commercial uses that serve community and regional needs for retail and personal services within distinctive and internally pedestrian-oriented shopping centers. The RC district implements and is consistent with the Regional Commercial land use designation of the General Plan. Refer to Table 16.36.020(I) for minimum site development standards and Table 16.36.030(A) for allowable uses. Requirements of this section supercede corresponding requirements within the Planned Development 1.1 and Planned Development 1.2 districts.
Table 16.36.020(I)
Regional Commercial (RC)
Minimum Site Development Standards
J.
Historic Character Overlay (HCO) District. The primary purpose of the historic character overlay (HCO) district is to identify, promote, preserve and protect the historic, cultural, and/or architectural resource values and encourage compatible uses and architectural design. The architectural review committee is responsible for advising the community development director on historic, cultural, and/or architectural component of projects. The historic character overlay district implements and is consistent with the village core land use category of the general plan.
K.
General Requirements.
1.
The creation of new lots within mixed use or commercial districts following the date of adoption of this title shall conform to the minimum dimensions, except in the case of condominium lots or individual lots within a shopping center, in which case minimums shall be established by conditional use permit and/or subdivision map approval provided:
a.
A conceptual development plan for the entire center has been approved pursuant to the provisions of this title;
b.
Appropriate easements for reciprocal access, parking and maintenance are recorded, and maintained.
L.
Special Requirements Mixed Use and Commercial districts.
1.
Wherever a lot in any commercial or mixed use district abuts a residential use or a lot in any residential use district, a minimum building setback of twenty (20) feet measured from the property line shall be required for proposed commercial use. A minimum of five (5) feet of this setback area shall be landscaped; the remaining area may be used for required off-street parking.
2.
Commercial projects within mixed-use districts shall be subject to applicable provisions for mixed use projects contained in Section 16.48.065 in order to achieve compatibility within the district.
3.
Unless specified differently in Section 16.36.020, in any mixed use or commercial district, a two-story addition closer than fifty (50) feet to an existing single-family residence shall require a minor use permit prior to issuance of a building permit.
4.
Where off-street parking areas are situated such that they are visible from the street, an earthen berm, wall, or combination wall/berm three feet in height shall be erected within the required landscape area to screen the parking areas.
5.
In all mixed use or commercial districts, required front and street side building setback areas shall be landscaped. The landscaping shall consist predominantly of plant materials except for necessary walks and drives. A minimum landscaped area five feet in depth shall be provided between the property line and the off-street parking area, with additional landscaped area between the parking area and the building, unless otherwise approved by minor use permit. Please refer to Chapter 16.84, Water Efficient Landscape Requirements, for rules and regulations regarding landscape and irrigation, including limitations on the percentage of turf/lawn that can be placed in landscape areas.
6.
A street side building setback area shall be used only for landscaping, pedestrian walkways, or driveways. Required rear and interior side building setback areas shall be used only for landscaping, pedestrian walkways, or driveways, unless otherwise approved by minor use permit.
(Ord. 573 Exh. A (part), 2005; Editorially amended durin Supplement No. 6; Ord. 557 § 3, Exh. C (part), 2004: Ord. 552 § 3, Exh. B (part), 2004; Ord. 544 § 3, Exh. B (part), 2003)
(Ord. No. 633, § 6, 6-14-2011)
A.
Permitted uses within commercial districts in the city are identified in Table 16.36.030(A). Permitted uses are identified with a "P," uses permitted subject to a Minor Use Permit are identified by a "MUP" and uses permitted subject to issuance of a conditional use permit are identified by a "CUP." Uses not identified in the table are prohibited. Note that other sections of the development code, general plan goals and objectives, and other federal, state and local requirements may also apply to proposed commercial uses.
Table 16.36.030(A)
Uses Permitted Within Mixed Use and Commercial Districts
Permit Required By District
All new commercial buildings or third-story components require a CUP
1 Requirements of this section supercede corresponding requirements in the PD 1.1 district.
2 Requirements of this section supercede corresponding requirements in the PD 1.1 district and PD 1.2 district.
3 Drive-through retail only allowed within shopping centers with three or more major tenants.
B.
Special Use Regulation—VCD and VMU Mixed Use Districts.
1.
Residential and Non-Residential Uses on Same Floor. Non-residential uses shall be permitted on the same floor as a residential use subject to the issuance of a conditional use permit, in accordance with Section 16.16.050, Conditional Use Permits, of this title.
2.
Projects within the HCO district are subject to the design guidelines and standards for historic districts (as amended) and are subject to the design review and approval process established therein.
3.
Location of Residential Uses. Residential uses shall be limited to floors above street level in the VCD district. Lobbies, entryways and other non-habitable space for residential uses shall be allowed on the street level. Exceptions may be granted for designated historic structures subject to the issuance of a conditional use permit, in accordance with Section 16.16.050, Conditional Use Permits, of the title. Prior to approving a conditional use permit for exceptions allowed in this section, all of the following findings must be made along with the general findings required for the approval of a conditional use permit:
a.
The exception is reasonably necessary to maintain the historical integrity of the structure;
b.
The project meets the intent of the design guidelines and standards for historic districts (as amended).
4.
Use of Non-Residential Space. Non-residential spaces shall consist of uses that serve clients and patrons that visit the site. These spaces may not be exclusively used for storage for other businesses or used for adjacent residential purposes.
5.
Location of Parking. Parking for residential and non-residential purposes shall be located behind buildings or to the side of buildings when parking behind buildings is not possible. Driveways shall not access Branch Street. Off-site parking may be allowed by CUP within two hundred (200) feet of the uses served, or by public parking provided for properties within the parking and business improvement district (PBID).
C.
Residential Densities in Mixed-Use Zones.
1.
This title limits the maximum residential density for each mixed-use zone; however, the density allowed for any residential project within the city may be varied through the appropriate discretionary review process, when discretionary review is provided for in this title. The community development director, planning commission and/or city council shall have the authority to reasonably condition any residential development subject to discretionary review to ensure proper transitions to and compatibility with adjacent developments, existing or proposed.
2.
For the purposes of mixed use development, residential density is defined as follows:
(Ord. 594 § 16, 2007; Ord. 573 Exh. A (part), 2005; Ord. 570 Exh. A (part), 2005; Ord. 557 § 3, Exh. C (part), 2004: Ord. 552 § 3, Exh. B (part), 2003; Ord. 544 § 3, Exh. B (part), 2003)
(Ord. No. 612, § 2 Exh. A, 10-13-2009; Ord. No. 653, § 2, 6-25-2013; Ord. No. 663, § 7, 6-10-2014; Ord. No. 677, § 4, 4-13-2016; Ord. No. 685, § 3, 5-9-2017; Ord. No. 697, § 10, 10-23-2018; Ord. No. 722, § 4, 7-25-2023; Ord. No. 2025-002, § 8(Exh. A-1), 2-11-2025; Ord. No. 2025-010, § 6(Exh. A-2), 10-14-2025)
36 - COMMERCIAL AND MIXED USE DISTRICTS*
The general plan outlines goals, objectives and policies regarding the character of commercial uses and development. It is the purpose of this chapter to provide regulations that implement those goals, objectives and policies, and that are aimed toward the provision of adequate and appropriate commercial areas within the city. These commercial areas, or districts, must be conveniently located, efficient, attractive, and have safe and easy pedestrian and vehicular circulation in order to serve the retail and service commercial needs of Arroyo Grande residents and businesses.
In addition to the above, the commercial and mixed use districts are included in the zoning regulations to achieve the following purposes:
A.
Provide appropriately located areas for office uses, retail stores, service establishments, and commercial commodities and services required by residents of the city and the surrounding market area;
B.
Encourage the concentration of office and commercial uses for the convenience of the public and to secure a more mutually beneficial relationship to each other;
C.
Provide adequate space to meet the needs of modern commercial development. This includes off-street parking and loading areas;
D.
Minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them;
E.
Promote high standards of site planning, architecture and landscape design for office and commercial developments within the city; and
F.
Promote compact community design to enhance safety and reduce auto travel by providing shopping services, jobs and housing in proximity.
(Ord. 544 § 3, Exh. B (part), 2003)
A.
Industrial Mixed Use (IMU) District. The primary purpose of the IMU district is to provide a sound and diversified economic base and employment opportunities for the citizens of Arroyo Grande. It is the further intent of this chapter to accomplish this via the establishment of a specific, well-defined pattern of industrial activities which is compatible with residential, commercial, institutional, and other uses within the community; has good access to the regional transportation system; accommodates the personal needs of workers and business visitors; and which meets the service needs of local businesses. The IMU district implements and is consistent with the mixed use land use category of the general plan. In addition to the above, it is the further intent of the IMU district to:
1.
Reserve appropriately located areas for industrial uses and protect these areas from intrusion by inharmonious uses;
2.
Protect residential, commercial and nuisance-free non-hazardous industrial uses from noise, odor, dust, smoke, truck traffic and other objectionable influences and from fire, explosion, radiation and other hazards incidental to certain heavy industrial uses;
3.
Minimize traffic congestion and to avoid the overloading of utilities by restricting the construction of buildings of excessive size in relation to the amount of land around them. Refer to Table 16.36.020(A) for minimum site development standards and Table 16.36.030(A) for allowable uses.
Table 16.36.020(A)
Industrial Mixed Use (IMU)
Minimum Site Development Standards
B.
Traffic Way Mixed Use (TMU) District. The primary purpose of the TMU district is to provide for vehicle sales and services, related retail and office uses and visitor serving facilities convenient to both freeway traffic and vehicles or pedestrians from the nearby village area. Development standards and design guidelines are intended to enhance this specialized mix of uses at the southern gateway to Arroyo Grande which include automobile and small truck sales and service, equipment rental, repair and related services, offices, wholesale and retail sales including outdoor display, motels, restaurants and limited residential uses functioning as live-work units. The TMU district implements and is consistent with the Mixed Use land use category of the general plan. Refer to Table 16.36.020(B) for minimum site development standards and Table 16.36.030(A) for allowable uses. See design guidelines and standards for the vicinity of Traffic Way and Station Way for additional requirements.
Table 16.36.020(B)
Traffic Way Mixed Use (TMU)
Minimum Site Development Standards
C.
Village Core Downtown (VCD) District. The primary purpose of the VCD district is to provide for a combination of commercial, office, upper-story residential uses and compatible related development to promote pedestrian use and enjoyment of the downtown village area. Regulations for the VCD district combined with the historic character overlay district, promote and preserve older architectural styles compatible with the historical, small-town nature of Arroyo Grande. Typical uses may include, but are not limited to, second-story residential and office, specialty retail and studios such as art galleries, book-stores, antique stores, flower shops, personal services, small markets and restaurants (without drive-through windows). The VCD district implements and is consistent with the village core land use designation of the general plan. Refer to Table 16.36.020(C) for minimum site development standards and Table 16.36.030(A) for allowable uses.
Table 16.36.020(C)
Village Core Downtown (VCD)
Minimum Site Development Standards
D.
Village Mixed Use (VMU) District. The primary purpose of the VMU district is to provide for a mixture of commercial, office and residential uses compatible with surrounding residential districts, in small-scale pedestrian-oriented developments. Regulations for the VMU district combined with the historic character overlay district promote and preserve older architectural styles, and encourage a harmonious intermingling of other structures. This district encourages use of existing residential buildings for non-residential uses. Typical uses may include single and multiple family residential, specialty retail sales, professional offices, personal services and neighborhood markets. The VMU district implements and is consistent with the village core land use designation of the general plan. Refer to Table 16.36.020(D) for minimum site development standards and Table 16.36.030(A) for allowable uses.
Table 16.36.020(D)
Village Mixed Use (VMU)
Minimum Site Development Standards
E.
Gateway Mixed Use (GMU) District. The primary purpose of the GMU district is to provide for the combination of financial institutions, retail, office and commercial uses and multi-family residences with retail and other pedestrian-oriented uses on the ground floors of structures fronting E. Grand Avenue, and residential units or offices allowed on upper floors. Regulations for the GMU district, combined with the Design Guidelines and Standards for the GMU intensifies both commercial development and multi-family housing opportunities in the western gateway to the City. The GMU district implements and is consistent with the Mixed Use land use designation of the General Plan. Refer to Table 16.36.020(E) for minimum site development standards and Table 16.36.030(A) for allowable uses.
Table 16.36.020(E)
Gateway Mixed Use (GMU)
Minimum Site Development Standards
* NOTE: Densities do not include density bonus. See Chapter 16.80
F.
Fair Oaks Mixed Use (FOMU) District. The primary purpose of the FOMU district is to provide for the combination of retail and service uses with an emphasis on those related to home improvement, as well as restaurants, offices, visitor serving uses and multi-family residences that are preferably incorporated in a mixed use project. Regulations for the FOMU district, combined with the Design Guidelines and Standards for the vicinity of the FOMU, intend to promote a pedestrian accessible mixed use district with shared parking and transition to surrounding residential neighborhoods. The FOMU district implements and is consistent with the Mixed Use land use designation of the General Plan. Refer to Table 16.36.020(F) for minimum site development standards and Table 16.36.030(A) for allowable uses.
Table 16.36.020(F)
Fair Oaks Mixed Use (FOMU)
Minimum Site Development Standards
* NOTE: Densities do not include density bonus. See Section 16.80
G.
Highway Mixed Use (HMU) District. The primary purpose of the HMU district is to provide areas for a variety of visitor-serving and auto-related uses in areas convenient to both freeway traffic and vehicles or pedestrians. Development standards and design guidelines are intended to enhance this specialized mix of uses which include automobile sales and service and repair offices, wholesale and retail sales including outdoor display, motels, restaurants and limited residential uses functioning as live-work units. The HMU district implements and is consistent with the Mixed Use land use category of the General Plan. Refer to Table 16.36.020(G) for minimum site development standards and Table 16.36.030(A) for allowable uses.
Table 16.36.020(G)
Highway Mixed Use (HMU)
Minimum Site Development Standards
* NOTE: Densities do not include density bonus. See Chapter 16.60
H.
Office Mixed Use (OMU) District. The primary purpose of the office mixed use (OMU) district is to provide areas for the establishment of corporate, administrative, and medical offices and facilities, commercial services that are required to support major business medical development, and multi-family housing. Retail facilities and support business are encouraged to serve nearby office and residential uses. Typical uses include, but are not limited to, professional and medical offices, business-related retail and service functions, restaurants, health clubs, financial institutions, medical and health care facilities and multi-family housing. The OMU district implements and is consistent with the office professional/medical-hospital and mixed land use designation of the general plan. Refer to Table 16.36.020(H) for minimum site development standards and Table 16.36.030(A) for allowable uses. Requirements of this section supersede corresponding requirements within the Planned Development 1.1 and Planned Development 1.2 districts.
Table 16.36.020(H)
Office Mixed Use (OMU)
Minimum Site Development Standards
* NOTE: Densities do not include density bonus. See Chapter 16.80
I.
Regional Commercial (RC) District. The primary purpose of the RC is to provide for a diversity of commercial uses that serve community and regional needs for retail and personal services within distinctive and internally pedestrian-oriented shopping centers. The RC district implements and is consistent with the Regional Commercial land use designation of the General Plan. Refer to Table 16.36.020(I) for minimum site development standards and Table 16.36.030(A) for allowable uses. Requirements of this section supercede corresponding requirements within the Planned Development 1.1 and Planned Development 1.2 districts.
Table 16.36.020(I)
Regional Commercial (RC)
Minimum Site Development Standards
J.
Historic Character Overlay (HCO) District. The primary purpose of the historic character overlay (HCO) district is to identify, promote, preserve and protect the historic, cultural, and/or architectural resource values and encourage compatible uses and architectural design. The architectural review committee is responsible for advising the community development director on historic, cultural, and/or architectural component of projects. The historic character overlay district implements and is consistent with the village core land use category of the general plan.
K.
General Requirements.
1.
The creation of new lots within mixed use or commercial districts following the date of adoption of this title shall conform to the minimum dimensions, except in the case of condominium lots or individual lots within a shopping center, in which case minimums shall be established by conditional use permit and/or subdivision map approval provided:
a.
A conceptual development plan for the entire center has been approved pursuant to the provisions of this title;
b.
Appropriate easements for reciprocal access, parking and maintenance are recorded, and maintained.
L.
Special Requirements Mixed Use and Commercial districts.
1.
Wherever a lot in any commercial or mixed use district abuts a residential use or a lot in any residential use district, a minimum building setback of twenty (20) feet measured from the property line shall be required for proposed commercial use. A minimum of five (5) feet of this setback area shall be landscaped; the remaining area may be used for required off-street parking.
2.
Commercial projects within mixed-use districts shall be subject to applicable provisions for mixed use projects contained in Section 16.48.065 in order to achieve compatibility within the district.
3.
Unless specified differently in Section 16.36.020, in any mixed use or commercial district, a two-story addition closer than fifty (50) feet to an existing single-family residence shall require a minor use permit prior to issuance of a building permit.
4.
Where off-street parking areas are situated such that they are visible from the street, an earthen berm, wall, or combination wall/berm three feet in height shall be erected within the required landscape area to screen the parking areas.
5.
In all mixed use or commercial districts, required front and street side building setback areas shall be landscaped. The landscaping shall consist predominantly of plant materials except for necessary walks and drives. A minimum landscaped area five feet in depth shall be provided between the property line and the off-street parking area, with additional landscaped area between the parking area and the building, unless otherwise approved by minor use permit. Please refer to Chapter 16.84, Water Efficient Landscape Requirements, for rules and regulations regarding landscape and irrigation, including limitations on the percentage of turf/lawn that can be placed in landscape areas.
6.
A street side building setback area shall be used only for landscaping, pedestrian walkways, or driveways. Required rear and interior side building setback areas shall be used only for landscaping, pedestrian walkways, or driveways, unless otherwise approved by minor use permit.
(Ord. 573 Exh. A (part), 2005; Editorially amended durin Supplement No. 6; Ord. 557 § 3, Exh. C (part), 2004: Ord. 552 § 3, Exh. B (part), 2004; Ord. 544 § 3, Exh. B (part), 2003)
(Ord. No. 633, § 6, 6-14-2011)
A.
Permitted uses within commercial districts in the city are identified in Table 16.36.030(A). Permitted uses are identified with a "P," uses permitted subject to a Minor Use Permit are identified by a "MUP" and uses permitted subject to issuance of a conditional use permit are identified by a "CUP." Uses not identified in the table are prohibited. Note that other sections of the development code, general plan goals and objectives, and other federal, state and local requirements may also apply to proposed commercial uses.
Table 16.36.030(A)
Uses Permitted Within Mixed Use and Commercial Districts
Permit Required By District
All new commercial buildings or third-story components require a CUP
1 Requirements of this section supercede corresponding requirements in the PD 1.1 district.
2 Requirements of this section supercede corresponding requirements in the PD 1.1 district and PD 1.2 district.
3 Drive-through retail only allowed within shopping centers with three or more major tenants.
B.
Special Use Regulation—VCD and VMU Mixed Use Districts.
1.
Residential and Non-Residential Uses on Same Floor. Non-residential uses shall be permitted on the same floor as a residential use subject to the issuance of a conditional use permit, in accordance with Section 16.16.050, Conditional Use Permits, of this title.
2.
Projects within the HCO district are subject to the design guidelines and standards for historic districts (as amended) and are subject to the design review and approval process established therein.
3.
Location of Residential Uses. Residential uses shall be limited to floors above street level in the VCD district. Lobbies, entryways and other non-habitable space for residential uses shall be allowed on the street level. Exceptions may be granted for designated historic structures subject to the issuance of a conditional use permit, in accordance with Section 16.16.050, Conditional Use Permits, of the title. Prior to approving a conditional use permit for exceptions allowed in this section, all of the following findings must be made along with the general findings required for the approval of a conditional use permit:
a.
The exception is reasonably necessary to maintain the historical integrity of the structure;
b.
The project meets the intent of the design guidelines and standards for historic districts (as amended).
4.
Use of Non-Residential Space. Non-residential spaces shall consist of uses that serve clients and patrons that visit the site. These spaces may not be exclusively used for storage for other businesses or used for adjacent residential purposes.
5.
Location of Parking. Parking for residential and non-residential purposes shall be located behind buildings or to the side of buildings when parking behind buildings is not possible. Driveways shall not access Branch Street. Off-site parking may be allowed by CUP within two hundred (200) feet of the uses served, or by public parking provided for properties within the parking and business improvement district (PBID).
C.
Residential Densities in Mixed-Use Zones.
1.
This title limits the maximum residential density for each mixed-use zone; however, the density allowed for any residential project within the city may be varied through the appropriate discretionary review process, when discretionary review is provided for in this title. The community development director, planning commission and/or city council shall have the authority to reasonably condition any residential development subject to discretionary review to ensure proper transitions to and compatibility with adjacent developments, existing or proposed.
2.
For the purposes of mixed use development, residential density is defined as follows:
(Ord. 594 § 16, 2007; Ord. 573 Exh. A (part), 2005; Ord. 570 Exh. A (part), 2005; Ord. 557 § 3, Exh. C (part), 2004: Ord. 552 § 3, Exh. B (part), 2003; Ord. 544 § 3, Exh. B (part), 2003)
(Ord. No. 612, § 2 Exh. A, 10-13-2009; Ord. No. 653, § 2, 6-25-2013; Ord. No. 663, § 7, 6-10-2014; Ord. No. 677, § 4, 4-13-2016; Ord. No. 685, § 3, 5-9-2017; Ord. No. 697, § 10, 10-23-2018; Ord. No. 722, § 4, 7-25-2023; Ord. No. 2025-002, § 8(Exh. A-1), 2-11-2025; Ord. No. 2025-010, § 6(Exh. A-2), 10-14-2025)