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Chino Hills City Zoning Code

CHAPTER 16

12 - COMMERCIAL DISTRICTS

16.12.010 - Intent and purpose.

The commercial districts are established to permit a range of retail and service commercial uses to meet the commerce needs of City residents, visitors, and the workforce. Toward this end, the following districts are established:

A.

Neighborhood Commercial (C-N). The neighborhood commercial (C-N) district provides for a limited 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 neighborhood 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.

B.

Commercial Office (C-O). The commercial office (C-O) district provides locations where daytime, service-oriented businesses may locate to allow for the efficient interaction of complementary service industries. Professional offices, including medical offices and clinics, represent the primary permitted uses. Minor support uses may include small restaurants, cafes, retail shops, and child day-care centers.

C.

The general commercial (C-G) district provides for retail centers that serve community-wide 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.

D.

Commercial Recreation (C-R). The commercial recreation (C-R) district is intended to provide locations for commercial recreation-oriented uses which require, or benefit from proximity to, large areas of open space or open space uses. Typical uses include golf courses, equestrian centers, and resort hotels (which may include accessory uses typically associated with a destination resort: restaurants, lounges, gift shops, etc.).

E.

Freeway Commercial (C-F). The freeway commercial district provides for uses that are oriented towards serving the regional needs of the market and/or serving the needs of those who travel the Chino Valley Freeway (State Route 71). The proposed allowable land uses to be permitted in the freeway commercial district will benefit from freeway visibility, be based on tax generation potential, and provide a high quality commercial environment. This district allows for development on a minimum seven acre site with mixed commercial uses based on a coordinated Site Plan, regardless of ownership, which master plans all parcels and includes conceptual architectural design plans. Such developments are characterized by encouraging reciprocal circulation, access and parking based on a shared parking analysis, sufficient landscaping, incorporation of pedestrian and public space amenities, and should include unified management or restrictive covenants to realize and maintain high development standards.

Allowed uses in this zoning district include, but in no way are to be limited to, auto dealerships, entertainment centers, movie theaters, hotels, restaurants, financial institutions, health/fitness centers, department stores, furniture stores, home improvement centers, professional offices and large-scale retail commercial developments.

(Ord. 165 § 3, 2004; Ord. 68 § 9.25.010, 1995)

16.12.020 - Permitted uses, accessory uses, temporary uses, and conditional uses.

A.

Appendix A at the end of Title 16 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 16.68 of this Development Code. Temporary uses and conditions are subject to the review requirements and conditions contained in Chapter 16.80. 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 16.42.

C.

Special Use Standards. Certain uses, such as antennas, private kennels, automobile maintenance, automobile service stations, and car washes, although permitted in a specific commercial zoning district subject to the granting of a Conditional Use Permit by the Planning Commission pursuant to the provisions of Chapter 16.68 (Conditional Use Permits), require the imposition of additional development standards beyond those set forth for the district. These additional standards are required to ensure that such uses are operated in a manner that does not adversely impact the surrounding land uses.

D.

A boarding house may be conditionally permitted in the C-F, C-G, and C-R zoning districts provided that:

1.

The boarding house contains no healthcare facilities similar to those found in a medical clinic.

2.

Not more than two persons are permitted to occupy one rental room.

3.

One uncovered on-site parking space must be provided for each sleeping room.

(Ord. 106 § 2, 1998; Ord. 68 § 9.25.020, 1995)

(Ord. No. 292, § 13, 11-24-2015; Ord. No. 299, § 8, 6-14-2016)

16.12.030 - Site plan approval required.

A Site Plan approval, as described in Chapter 16.76, is required for all commercial development projects involving the construction of new buildings.

(Ord. 68 § 9.25.030, 1995)

16.12.040 - Development standards.

Table 25-1 provides the development standards for all commercial zone districts.

(Ord. 165 § 8, 2004; Ord. 68 § 9.25.040, 1995)

16.12.050 - Accessory uses and structures.

Accessory buildings and structures are subject to the same height and setback requirements described for primary buildings and structures in Table 25-1, except as modified by Section 16.06.070, Maximum projections into yards.

(Ord. 68 § 9.25.050, 1995)

Table 25-1.
Commercial Zone Districts—Development Standards

Zoning Districts
Development Standard C-N C-O C-G C-R C-F
A. Minimum Project Size, GLA 10,000 sf 10,000 sf 20,000 sf 1 acre 7 acres; no minimum lot size to allow for ancillary uses under the overall project
B. Minimum Lot Dimensions
Width
Depth
100 ft
100 ft
100 ft
100 ft
120 ft
120 ft
150 ft
150 ft
200 ft
150 ft
C. Maximum Height 35 ft 45 ft (a) 45 ft 45 ft 45 ft within the first 100 ft from the right-of-way; 35 ft within the first 50 ft from the property line when abutting a single-family residential use
D. Landscaping Required At least 20% of the project area (exclusive of areas within a public right-of-way) must be landscaped. Minimum of 12% of the project area (exclusive of areas within a public right-of-way) must be landscaped
E. Parking Lot Landscaping At least 5% of parking areas (exclusive of loading areas) must be landscaped. This landscaping may be counted toward the total site area landscaping required in item E above.
F. Maximum Floor Area Ratio (FAR) No maximum floor-to-area ratio; FAR will be subject to meeting parking and landscaping standards.
G. Minimum Front Yard Setback
Setback to Building
Setback to SR 71
Setback to Parking Area

25 ft; 
eol;15 ft

25 ft 

15 ft

25 ft 

15 ft

25 ft 

15 ft

25 ft 

20 ft
15 ft
H. Minimum Side Yard Setback (a)
Street Side 
All others
Adjacent to residential use or zone

25 ft; 
eol;10 ft

25 ft 

10 ft

15 ft 

10 ft

25 ft 

10 ft

10 ft with an average of 25 ft
00 ft
20 ft
I. Minimum Rear Yard Setback (b) 20 ft 20 ft 20 ft 20 ft 20 ft

 

Abbreviations: sf = square feet; ft = feet; GLA = gross land area
Notes:

(a) Only one side yard is required. If a site adjoins a property zoned for residential, open space, or institutional uses, then the side yard must be provided on that side.

(b) A rear yard is required only when the adjoining rear property is zoned for residential, open space, or institutional uses.

16.12.060 - Alcoholic beverage sales and establishments.

A.

The purpose of this section is to provide regulations for the operation of any alcoholic beverage establishment exclusively for patrons over the legal drinking age as established by state law, and any application for alcohol sales requiring a finding for Public Convenience or Necessity.

B.

Zoning districts in which onsite and offsite sales of alcoholic beverages are permitted are as shown in Appendix A of the Chino Hills Municipal Code. (Reference Section 16.02.130 for the definition of alcohol beverage onsite and offsite sales.)

C.

It is unlawful to establish an onsite alcoholic beverage establishment exclusively for patrons at or over the legal drinking age as established by state law, if the location is:

1.

Within two hundred (200) feet of any parcel of land zoned for residential purposes, including residential areas within a Planned Development zoning district.

2.

Within one hundred (100) feet of any parcel of land or area for residential purposes within a horizontal mixed use development in a Mixed Use District. Horizontal mixed use as used in this section is defined to mean a mixed use development in which residential and commercial uses are contained in separate buildings within the mixed use development.

3.

Within forty (40) vertical feet of any area for residential purposes within a vertical mixed use development in a Mixed Use District. Vertical mixed use as used in this section is defined to mean a mixed use development where residential and commercial uses are located on separate floors of the same multi-story building within the mixed use development.

4.

In mixed use developments that contain both horizontal and vertical components, each component will comply with the applicable separations identified in 2 and 3 above.

D.

For the purposes of this section, distance shall be measured as follows:

1.

From the exterior walls of the business tenant space of the alcoholic beverage establishment to the nearest property line of a residentially zoned property or residential area within a Planned Development zoning district.

2.

From the exterior walls of the business tenant space of the alcoholic beverage establishment to the nearest property line of a residential property within a horizontal mixed use development in a Mixed Use District.

3.

From the floor of the business tenant space of the alcoholic beverage establishment to the floor of the nearest residential space use within a vertical mixed use development in a Mixed Use District. The establishment is subject to Alcoholic Beverage Control requirements and approvals.

E.

An application for alcoholic beverage sales determined to be located within a census tract deemed by the California Department of Alcoholic Beverage Control (ABC) to have undue concentration for the applicable license type is subject to a determination by the City that the Public Convenience or Necessity (PCN) would be served by the issuance of an ABC permit as set forth in California Business and Professions Code Section 23958.4(a). The Planning Commission is authorized to make such determination, subject to appeal to the City Council.

1.

Where the ABC requires a PCN for sale of alcohol, the PCN shall be processed using the same noticing, processing and hearing requirements as set forth in Chapter 16.68 of this Code except that, in addition to the required findings of Chapter 16.68, the hearing body shall find as follows regarding the proposed use subject to the Public Convenience or Necessity review:

a.

The sale of alcohol, as part of the operation of the business, will not result in nuisance activities within the premises or in close proximity to the premises.

b.

The sale of alcohol, as part of the operation of thee business, will not create a need to change any operational requirements or staffing of law enforcement personnel.

c.

The physical design and layout of the business floor plan and associated parking area will not create loitering, noise, traffic, or other conditions or situations detrimental or incompatible with other businesses in the adjacent area or permitted uses in the vicinity.

d.

The proposed management standards, training, and site supervision of the business will deter loitering, noise, traffic, or other conditions or situations detrimental or incompatible with other businesses in the adjacent area or permitted uses in the vicinity.

2.

Where the ABC requires a PCN for sale of alcohol, and this code also requires a Conditional Use Permit (CUP) pursuant to Chapter 16.68 of this Code, the PCN shall be processed as part of the CUP. In addition to the required findings of Chapter 16.68, the hearing body shall find that the proposed use subject to the Public Convenience or Necessity review complies with the findings identified above in E(1) of this section.

(Ord. 68 § 9.25.060, 1995)

(Ord. No. 346, § 5(Exh. A), 1-28-2020)

16.12.070 - Entertainment establishments providing dancing, music, and similar activities.

A.

Noise levels shall not exceed the standards set forth in Chapter 16.48 of this Development 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 Community Development Department, the Police Department, and the Fire Authority. This security plan, which may be approved by the Director of Community Development or his or 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. 68 § 9.25.070, 1995)

16.12.080 - Outdoor display and storage.

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

A.

Only goods and materials sold or used on-site may be stored or displayed.

B.

No display or storage shall exceed six feet in height, except as approved by a Site Plan approval, Conditional Use Permit, or Temporary Use Permit as outlined in Chapters 16.76, 16.68 and 16.80, respectively, of this Development Code.

C.

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

D.

No outdoor display or storage shall occupy any part of a required parking area.

E.

Outdoor storage shall not violate the clear corner areas for sight visibility standards of Section 16.06.080 of this Development Code.

F.

Outdoor storage and display areas shall provide adequate security lighting.

(Ord. 68 § 9.25.080, 1995)

16.12.090 - Recycling facilities.

A.

General. No person shall establish or operate a recycling facility without first obtaining the approval or permit required by this Development 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 (30) feet 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 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 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 Community Development 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 as 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.

Maintain a three hundred (300) foot distance from property zoned for residential use;

2.

Be maintained free of litter and other undesirable materials;

3.

Provide covers and secure containers for the exterior storage or material;

4.

Provide one parking space for each five hundred (500) square feet of 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. 68 § 9.25.090, 1995)

16.12.100 - Service stations.

The following conditions on the development and use of service station facilities shall apply:

A.

Canopies erected over pump islands shall be set back a minimum of five feet from the public right-of-way.

B.

Pump islands, when designed parallel to or up to thirty (30) degrees to the nearest street right-of-way, shall be set back a minimum of fifteen (15) feet from the public right-of-way.

C.

Pump islands, when designed at an angle greater than thirty (30) degrees to the nearest street right-of-way, shall be set back a minimum of twenty-five (25) feet from the right-of-way, as shown in the circulation element.

D.

All other structures shall be set back as required by the zoning within which the service station is located.

(Ord. 68 § 9.25.100, 1995)

16.12.110 - Freeway commercial.

The following conditions on the development and use of properties in the freeway commercial district are strongly encouraged:

A.

Submittal and approval of a coordinated Site Plan, which master plans all parcels within and adjacent to the site.

B.

Submittal and approval of conceptual architectural design plans.

C.

Submittal and approval of a shared parking analysis encouraging reciprocal circulation, access and parking.

D.

The use of significant landscaping to be shown on approved landscaping plans.

E.

Inclusion of unified management or restrictive covenants to ensure high development standards are realized and maintained.

F.

Incorporation of pedestrian and public open space amenities.

(Ord. 165 § 9, 2004)