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Calistoga City Zoning Code

CHAPTER 17

21 DC DOWNTOWN COMMERCIAL DISTRICT

§ 17.21.010 Purpose and intent.

The Downtown Commercial (DC) District is intended to implement the Downtown Commercial land use designation of the General Plan. It provides an area for a broad range of uses that generate high pedestrian traffic.
Mixed residential-commercial uses are an important component of the DC district to ensure an economically and socially vibrant downtown that is intended for, and enjoyed by, residents and visitors alike. Except for visitor accommodations and live-work units, all newly constructed floor area located above a first floor is encouraged to be for resident-serving commercial uses and/or residential.
In order to maintain and enhance Calistoga's small-town character and the urban design quality of the downtown, development in the DC district shall be guided by relevant policies of the General Plan's Community Identity Element and the character areas, gateways and entry corridors of the Land Use Element.
(Ord. 714 § 4 (Exh. A), 2015)

§ 17.21.020 Permitted primary uses.

A. 
The following primary uses are permitted in the DC district:
1. 
Retail uses, including, but not limited to: grocery stores, fruit and vegetable markets, pharmacies, bicycle sales, furniture sales, audio-video stores, florists, frame shops, bookstores, clothing and apparel shops, gift shops, sales of household goods and appliances, and hobby and craft shops.
2. 
Art galleries.
3. 
Antique stores.
4. 
Service uses, including, but not limited to: dry cleaning, not including processing plants; laundromats; tailors; shoe repair; bicycle repair; repair of household goods and appliances.
5. 
Personal service establishments, such as spas, health clubs, beauty salons, and barbershops.
6. 
Business and professional offices, such as for accountants, lawyers, architects, engineers, realtors, and financial advisors.
7. 
Medical and dental clinics.
8. 
Banks and financial institutions without drive-up or walk-up facilities.
9. 
Restaurants, bakeries, cafes and similar uses, with or without outdoor seating, pursuant to the following:
a. 
No live entertainment or dancing is proposed.
b. 
No outdoor seating is proposed in a public right-of-way.
c. 
The establishment is not a formula business or formula restaurant.
10. 
Uses determined by the Planning Commission to be similar in nature, as provided for according to the procedures in Chapter 17.03 CMC.
(Ord. 714 § 4 (Exh. A), 2015; Ord. 728 § 2, 2017)

§ 17.21.030 Conditionally permitted uses.

A. 
The following uses require a use permit in the DC district, pursuant to Chapter 17.40 CMC:
1. 
Wine shops, including tasting facilities.
2. 
Wine, beer and liquor sales.
3. 
Tasting rooms.
a. 
Seventy-five percent of the wines poured for tasting in a winery tasting room without charge shall comply with one of the following:
i. 
Are labeled Napa County, Napa Valley or other legally recognized American viticultural area within the County of Napa; or
ii. 
Are made with at least 75 percent fruit grown within the 94515 Zip Code area.
A combination of wines meeting the criteria stated in subsection (A)(3)(a) of this section may be allowed if collectively the combination represents at least 75 percent of the wines being poured for tasting in the winery tasting room.
b. 
The use shall meet the standards of the City's tasting room policy, adopted by resolution.
4. 
Sale of used or secondhand goods, excluding books and magazines.
5. 
Firearm and ammunition sales.
6. 
Souvenir shops.
7. 
Walkaway businesses.
8. 
Outdoor sales establishments, such as plant nurseries and garden supplies, and storage associated with a primary use, such as hardware and home improvement stores.
9. 
Sexually oriented retail businesses.
10. 
Cottage industries, such as carpenters, when ancillary to retail sales of products or merchandise made on the premises.
11. 
Bars.
12. 
Restaurants, bakeries, cafes and other similar uses, with or without outdoor seating, not meeting the criteria set forth CMC § 17.21.020(A)(9)(a).
13. 
Formula businesses otherwise allowed in CMC § 17.21.020, but not including formula restaurants or formula visitor accommodations.
14. 
Banks and financial institutions with drive-up or walk-up facilities.
15. 
Hotels, hotel-condominiums, motels, resorts and inns.
16. 
Commercial amusements, such as arcades and fortune tellers.
17. 
Live entertainment and/or dancing.
18. 
Theaters and places of public assembly, such as halls, lodges, fraternal organizations and clubs.
19. 
Dance studios and schools.
20. 
Off-site parking for businesses.
21. 
Live-work units and resident caretaker and manager quarters; provided, that the following requirements have been met:
a. 
The required off-street parking for the exclusive use of dwelling units is provided pursuant to Chapter 17.36 CMC.
b. 
The commercial use shall be compatible with the health and safety of persons residing on the property (lighting, noise, fumes and hours of operation, etc.).
22. 
Multifamily dwellings above the first floor.
23. 
Storage when associated with a resident-serving business located on an adjacent parcel.
24. 
Religious institutions, such as churches and mosques.
25. 
Public and private schools.
26. 
Public utility substations.
27. 
Geothermal uses.
28. 
Uses determined by the Planning Commission to be similar in nature, as provided for in Chapter 17.03 CMC.
B. 
The following uses require an administrative use permit in the DC district, pursuant to Chapter 17.40 CMC:
1. 
Outdoor bicycle rentals in conjunction with an established retail sales operation.
2. 
Outdoor dining in conjunction with an established restaurant operation.
3. 
Outdoor live entertainment with nonamplified instruments in conjunction with an established business operation on an ongoing basis.
C. 
The following uses require a temporary use permit in the DC district, pursuant to Chapter 17.40 CMC:
1. 
One-time events held in conjunction with an established business operation, limited to four events per year. Use of public right-of-way as part of an event also requires approval of an encroachment permit.
2. 
Outdoor holiday and other seasonal events and sales that do not involve the use of public property or right-of-way.
(Ord. 714 § 4 (Exh. A), 2015; Ord. 728 § 2, 2017; Ord. 750 § 2 (Exh. A § 2), 2021; Ord. 755 § 2 (Exh. 2), 2021)

§ 17.21.040 Accessory uses.

A. 
Accessory uses that are an allowed or conditionally permitted use within the DC district are permitted in conjunction with a primary use.
B. 
Accessory uses shall be compatible with the primary use. Determinations of compatibility shall be made by the Planning and Building Director for those uses allowed with only a business license and by the Planning Commission for those uses requiring a conditional use permit.
(Ord. 714 § 4 (Exh. A), 2015)

§ 17.21.050 Prohibited uses.

A. 
The following uses are prohibited in the DC district:
1. 
Uses not specified in CMC § 17.21.020 through § 17.21.040.
2. 
Formula restaurants.
3. 
Formula visitor accommodations.
4. 
Drive-up facilities associated with a food service establishment.
5. 
Gas station facilities, automobile repair, and car washes.
6. 
Timeshare projects, programs or occupancies.
7. 
Manufacturers' outlet stores.
8. 
Establishments serving customers food and/or beverages within their automobiles on the premises or preparing food and/or beverages intended for consumption within their automobiles on the premises.
9. 
Objectionable and hazardous uses, such as businesses that present noxious odors or fumes, noise, vibration, glare, dust, and materials which have a potential for hazard and explosion.
10. 
The conversion or demolition of existing dwelling units, except under one of the following circumstances:
a. 
Replacement housing will be provided. A housing agreement shall be required to ensure compliance with the conditions of a permit authorizing the demolition or conversion.
b. 
A fee will be paid subject to the provisions contained in Chapter 17.08 CMC, to be used by the City to provide replacement housing.
(Ord. 714 § 4 (Exh. A), 2015; Ord. 755 § 2 (Exh. 3), 2021)

§ 17.21.055 Lot area and dimensions.

Minimum lot area and lot dimensions in the DC district are as follows:
A. 
Minimum lot area: 5,000 square feet.
B. 
Minimum lot width: 30 feet.
(Ord. 740 § 2 (Exh. A), 2018)

§ 17.21.060 Development standards.

The following standards apply to development within the DC district:
A. 
Minimum Setbacks.
1. 
Principal buildings shall comply with the following setbacks:
a. 
Front yard: zero feet, unless directly across the street from a residential district, in which case the setback shall be 20 feet.
b. 
Interior side yard: zero feet, unless abutting or adjacent to a residential district, in which case the setback shall be five feet.
c. 
Street side yard: zero feet, unless across the street from a residential district, in which case the setback shall be 15 feet.
d. 
Rear yard: zero feet, unless abutting or adjacent to a residential district, in which case the setback shall be 10 feet.
2. 
Accessory buildings and structures shall comply with the following setbacks:
a. 
Front yard: equal to or greater than the principal structure on the lot.
b. 
Interior side yard: zero feet, unless abutting or adjacent to a residential district, in which case the interior side setback shall be five feet.
c. 
Street side yard: equal to or greater than the principal structure on the lot.
d. 
Rear yard: zero feet, unless abutting or adjacent to a residential district, in which case the rear setback shall be five feet.
B. 
Maximum Lot Coverage.
1. 
Maximum lot coverage: 80 percent.
2. 
Additional lot coverage may be authorized by a use permit pursuant to Chapter 17.40 CMC.
C. 
Maximum Floor Area Ratio.
1. 
Maximum floor area for nonresidential uses: 200 percent.
2. 
Floor area devoted to residential uses shall be excluded from this calculation.
D. 
Maximum Height, Number of Stories.
1. 
Maximum Height.
a. 
Principal buildings: 30 feet, with the following exceptions:
i. 
Where a commercial building abuts or adjoins a parcel in a residential district, the maximum height is 25 feet.
ii. 
Taller structures may be approved pursuant to CMC § 17.38.030.
b. 
Accessory buildings: 15 feet above grade.
2. 
Maximum number of stories for principal buildings: two stories; provided, that three stories may be authorized by a use permit pursuant to Chapter 17.40 CMC.
E. 
Minimum Landscaping of Open Space. A minimum of 40 percent of open space on a lot shall be landscaped. Walks, pools, patios and other similar areas may be considered as part of the open space requirement. Parking areas shall not be counted unless special paving or other design features are incorporated.
F. 
Parking and Access.
1. 
Parking within the front setback or street side setback is prohibited.
2. 
New driveways over any portion of the public sidewalk fronting on Lincoln Avenue between Foothill Boulevard and Fair Way shall require authorization by the Planning Commission through the approval of a use permit pursuant to Chapter 17.40 CMC.
G. 
Fixed Place of Business. All retail sales and service establishments shall be conducted within a fixed place of business.
(Ord. 714 § 4 (Exh. A), 2015; Ord. 740 § 2 (Exh. A), 2018)

§ 17.21.070 Other development standards.

Additional requirements that apply to development in the DC district include, but are not limited to, the following:
A. 
Affordable housing, per Chapter 17.08 CMC.
B. 
Sidewalk dining within the public right-of-way, per Chapter 17.33 CMC.
C. 
Off-street parking and loading, per Chapter 17.36 CMC.
D. 
General provisions and exceptions, per Chapter 17.38 CMC.
E. 
Use permits, per Chapter 17.40 CMC.
F. 
Design review, per Chapter 17.41 CMC.
G. 
Fences, hedges or walls, per Chapter 17.52 CMC.
H. 
Signs and advertising regulations, per Chapter 17.58 CMC.
I. 
Special events, per Chapter 5.18 CMC.
(Ord. 714 § 4 (Exh. A), 2015)