35 - C-N, NEIGHBORHOOD COMMERCIAL
To provide attractive areas for the day to day shopping needs of the residential neighborhoods. Small shopping centers are preferred to individual establishments because they provide better parking facilities without creating traffic hazards caused by too many curb cuts. Combination of several small lots therefore is more desirable.
(Ord. CS 566, 1984)
Any retail business or service establishment, such as a grocery store, bake shop, drug store, barber and beauty shop, laundry and dry-cleaning pickup station, child care center, business or professional office or financial institution, supply commodities, performing services for residents of the neighborhood, and any other retail or service establishment which is determined by the Commission to be of the same general character as the above permitted uses.
(Ord. CS 566, 1984)
Accessory uses and buildings customarily appurtenant to a permitted use such as parking and incidental storage facilities and telephone booths.
(Ord. CS 566, 1984)
The following uses may be considered by the Planning Commission through the use permit procedure:
A.
Restaurants, cafes, soda fountains, not including entertainment or dancing, or sale of liquor, beer or other alcoholic beverages for consumption on the premises;
B.
Public and quasi-public uses;
C.
Social halls, lodges, fraternal organizations and clubs;
D.
Uses not in enclosed buildings;
E.
Off-site alcoholic beverage sales.
F.
Any other use determined by the Planning Commission to be of the same general character suitable in a neighborhood commercial district.
(Ord. CS 566, 1984; Ord. CS 780, 2-28-2000; Ord. CS 782, 5-8-2000)
No lot shall be created that would be smaller than 7,500 square feet. All existing lots that are smaller shall be developed in compliance with this chapter.
No building constructed in this zone shall exceed a height of 35 feet unless the following has occurred:
1.
The Fire Marshal and Chief Building Official, or designees, have both approved the site plans, improvement plans, and/or other required submittals for the project; and
2.
The Planning Commission makes all of the following findings:
A.
The applicant has adequately demonstrated a need for the project to exceed 35 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;
B.
The project will be exemplary in its design;
C.
The project design will complement and be compatible with the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City or other historic landmarks;
D.
The project's proximity to railroads, airports, major freeways or highways, or other transportation hubs, stations, or centers will not interfere, impede, or otherwise disturb such transit services;
E.
The project is consistent and compatible with the City's General Plan, Zoning Code, and other adopted specific plans and/or master plans;
F.
Intended use of the project will enhance or promote the standard of living for City residents, and/or the local economy;
G.
The project's proposed height would not adversely affect visual blockage of light, air, or cause intrusion of privacy to adjacent and surrounding properties;
H.
The project is not detrimental to the health, safety, peace, comfort, and general welfare of persons or property in the neighborhood and surrounding environs, including without limitation, it will not affect emergency response times or services, nor seismic and/or structural integrity; and
I.
The project's proposed building height does not impede pedestrian or vehicular accessibility along any public or private pathways, sidewalks, driveways or roadways, visually impede any safe use of the same, or otherwise present a hazard to pedestrian or vehicular use of the same.
Additional conditions of approval may be imposed by the Planning Commission relative to the project as it relates to this section.
(Ord. CS 566, 1984; Ord. CS 950, § 1, 3-10-2014; Ord. CS 1056, § 1, 1-23-2023)
Setbacks listed in Section 17.35.050 shall not apply in the following instances:
A.
If the property is abutting a major arterial, setback shall be 65 feet from the center of the public right-of-way, except Winton Way south of Elm Avenue, where it has to conform with the established building setback, and along Atwater Boulevard, where the setback shall be 25 feet from the property line, except from Sierra Vista to First Street where the established setback shall be complied with.
B.
If property is abutting a residential zone or land designated for residential uses in the General Plan, a ten-foot setback shall be required.
(Ord. CS 566, 1984)
All development in this district shall also comply with the following:
A.
A minimum of ten percent landscaping shall be provided on every property.
B.
Landscaping shall comply with City landscape standards.
C.
Street trees are to be planted in compliance with adopted City standards.
D.
Parking to be in compliance with requirements elsewhere in this title.
E.
Loading zones required in addition to alleys shall be not less than ten feet wide, 20 feet deep, with a clearance height of not less than 14 feet, and shall provide space for vehicles loading and unloading while at the same time not in any way blocking the alley to moving traffic.
F.
A six-foot high solid fence or wall shall be required on the property line abutting any residential zone or land designated for future residential use in the General Plan. No fences are permitted in exterior yards.
G.
Trash receptacles shall be screened from view.
H.
All utilities shall be installed underground.
I.
Refer to Section 17.03.110 for requirements for collection and loading recyclable materials in development projects.
(Ord. CS 566, 1984; Ord. CS 667, 1990; Ord. CS 721, 3-27-1995)
All uses in the C-N zone shall require site plan approval and design review as described elsewhere in this title.
(Ord. CS 566, 1984; Ord. CS 1059, § 1, 3-27-2023)
35 - C-N, NEIGHBORHOOD COMMERCIAL
To provide attractive areas for the day to day shopping needs of the residential neighborhoods. Small shopping centers are preferred to individual establishments because they provide better parking facilities without creating traffic hazards caused by too many curb cuts. Combination of several small lots therefore is more desirable.
(Ord. CS 566, 1984)
Any retail business or service establishment, such as a grocery store, bake shop, drug store, barber and beauty shop, laundry and dry-cleaning pickup station, child care center, business or professional office or financial institution, supply commodities, performing services for residents of the neighborhood, and any other retail or service establishment which is determined by the Commission to be of the same general character as the above permitted uses.
(Ord. CS 566, 1984)
Accessory uses and buildings customarily appurtenant to a permitted use such as parking and incidental storage facilities and telephone booths.
(Ord. CS 566, 1984)
The following uses may be considered by the Planning Commission through the use permit procedure:
A.
Restaurants, cafes, soda fountains, not including entertainment or dancing, or sale of liquor, beer or other alcoholic beverages for consumption on the premises;
B.
Public and quasi-public uses;
C.
Social halls, lodges, fraternal organizations and clubs;
D.
Uses not in enclosed buildings;
E.
Off-site alcoholic beverage sales.
F.
Any other use determined by the Planning Commission to be of the same general character suitable in a neighborhood commercial district.
(Ord. CS 566, 1984; Ord. CS 780, 2-28-2000; Ord. CS 782, 5-8-2000)
No lot shall be created that would be smaller than 7,500 square feet. All existing lots that are smaller shall be developed in compliance with this chapter.
No building constructed in this zone shall exceed a height of 35 feet unless the following has occurred:
1.
The Fire Marshal and Chief Building Official, or designees, have both approved the site plans, improvement plans, and/or other required submittals for the project; and
2.
The Planning Commission makes all of the following findings:
A.
The applicant has adequately demonstrated a need for the project to exceed 35 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;
B.
The project will be exemplary in its design;
C.
The project design will complement and be compatible with the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City or other historic landmarks;
D.
The project's proximity to railroads, airports, major freeways or highways, or other transportation hubs, stations, or centers will not interfere, impede, or otherwise disturb such transit services;
E.
The project is consistent and compatible with the City's General Plan, Zoning Code, and other adopted specific plans and/or master plans;
F.
Intended use of the project will enhance or promote the standard of living for City residents, and/or the local economy;
G.
The project's proposed height would not adversely affect visual blockage of light, air, or cause intrusion of privacy to adjacent and surrounding properties;
H.
The project is not detrimental to the health, safety, peace, comfort, and general welfare of persons or property in the neighborhood and surrounding environs, including without limitation, it will not affect emergency response times or services, nor seismic and/or structural integrity; and
I.
The project's proposed building height does not impede pedestrian or vehicular accessibility along any public or private pathways, sidewalks, driveways or roadways, visually impede any safe use of the same, or otherwise present a hazard to pedestrian or vehicular use of the same.
Additional conditions of approval may be imposed by the Planning Commission relative to the project as it relates to this section.
(Ord. CS 566, 1984; Ord. CS 950, § 1, 3-10-2014; Ord. CS 1056, § 1, 1-23-2023)
Setbacks listed in Section 17.35.050 shall not apply in the following instances:
A.
If the property is abutting a major arterial, setback shall be 65 feet from the center of the public right-of-way, except Winton Way south of Elm Avenue, where it has to conform with the established building setback, and along Atwater Boulevard, where the setback shall be 25 feet from the property line, except from Sierra Vista to First Street where the established setback shall be complied with.
B.
If property is abutting a residential zone or land designated for residential uses in the General Plan, a ten-foot setback shall be required.
(Ord. CS 566, 1984)
All development in this district shall also comply with the following:
A.
A minimum of ten percent landscaping shall be provided on every property.
B.
Landscaping shall comply with City landscape standards.
C.
Street trees are to be planted in compliance with adopted City standards.
D.
Parking to be in compliance with requirements elsewhere in this title.
E.
Loading zones required in addition to alleys shall be not less than ten feet wide, 20 feet deep, with a clearance height of not less than 14 feet, and shall provide space for vehicles loading and unloading while at the same time not in any way blocking the alley to moving traffic.
F.
A six-foot high solid fence or wall shall be required on the property line abutting any residential zone or land designated for future residential use in the General Plan. No fences are permitted in exterior yards.
G.
Trash receptacles shall be screened from view.
H.
All utilities shall be installed underground.
I.
Refer to Section 17.03.110 for requirements for collection and loading recyclable materials in development projects.
(Ord. CS 566, 1984; Ord. CS 667, 1990; Ord. CS 721, 3-27-1995)
All uses in the C-N zone shall require site plan approval and design review as described elsewhere in this title.
(Ord. CS 566, 1984; Ord. CS 1059, § 1, 3-27-2023)