Claremont City Zoning Code
CHAPTER 16
060 CV CLAREMONT VILLAGE DISTRICT
§ 16.060.000 Intent.
The CV Claremont Village District is intended to provide for various developments and uses involving the retail sale of goods, the provision of services to the public, office functions, and residential uses that will preserve and enhance the character of the urban Village in the downtown area and extend it to those sites where development opportunities exist. Important components of the CV Claremont Village District include its pedestrian scale, storefront design, and the fact that it is such a good walking place. Existing uses in the CV Claremont Village District are largely proprietary businesses.
This chapter shall apply to all land in the CV Claremont Village District. Any and every building, premises and land in the CV Claremont Village District shall be used or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the CV Claremont Village District, only in accordance with all applicable sections of this chapter and regulations of this title.
(08-05)
§ 16.060.010 Uses and developments permitted.
A.
Permitted Uses
Uses and development permitted in the CV Claremont Village District are the uses listed in Table 16.051.A as indicated in the column beneath "CV" District. Where indicated with the letter "P," the use or development shall be permitted. Where indicated with the letters "CUP," the use or development shall require approval of a conditional use permit pursuant to Chapter 16.303. Where indicated with the letters "SUDP," the use or development shall require approval of a special use and development permit pursuant to Chapter 16.306. Where indicated with the symbol < >, the use is prohibited. In the event a use is not listed or there is difficulty in categorizing a use as one of the uses listed in Table 16.051.A, the use shall be prohibited unless the Director of Community Development approves a Finding of Similar Use pursuant to Chapter 16.239.
B.
Outside Uses
All sales, services and storage in the CV Claremont Village District shall only be conducted within a totally enclosed building, except as otherwise specifically permitted in this Title. Temporary and special minor uses may be permitted with a special use and development permit pursuant to Chapter 16.306, and incidental outdoor uses abutting and operated as part of permanent commercial uses, including incidental outdoor displays, outdoor seating, and sidewalk sales, may be permitted pursuant to Chapter 16.090.
C.
Manufacturing, Fabrication or Wholesaling of Goods Prohibited
No manufacturing, fabrication, or wholesaling of goods shall be permitted in the CV Claremont Village District, except as otherwise permitted in this title or when the Director of Community Development determines that the manufacturing of goods is minor and clearly ancillary to permitted commercial use on the same lot.
D.
On-Site Sale of Alcoholic Beverages
The on-site sale of alcoholic beverages shall be permitted in the CV District only in conjunction with a bona fide public eating place, as defined in the State Business and Professions Code (Business and Professions Code Section 23038) and with approval of a conditional use permit pursuant to Chapter 16.303. Such eating place shall make meals available to patrons at all times when serving alcoholic beverages. "Meals" means the usual assortment of foods commonly ordered at various hours of the day; the service of such food and victuals only as sandwiches or salads shall not be deemed a compliance with this requirement.
E.
Sale of Alcohol for Off-Site Consumption
In granting a conditional use permit for the sale of alcohol for off-site consumption, the Planning Commission shall be required to make the finding that the public convenience or necessity will be served by the proposed use in addition to the required findings in Chapter 16.303. Such finding shall be written and submitted to the local office of the Department of Alcoholic Beverage Control as required by Section 23958.4 of the Business and Professions Code.
F.
Drive-Through Facilities
No drive-through facilities shall be permitted in the CV Claremont Village District.
G.
Mixed Residential/Commercial Use Developments
New residential development may be permitted in the CV Claremont Village District with approval of a conditional use permit pursuant to Chapter 16.303, provided the residential development is one component of a larger mixed-use development. Such mixed-use development shall include commercial uses on the ground floor. Residential uses are encouraged to be located on the second floor above commercial uses. Parking shall be provided as required by Section 16.060.030.
H.
Existing Residential Development
Existing residential buildings in the CV Claremont Village District are encouraged to be preserved and used as residences. New residential construction is permitted on existing residential lots, pursuant to Chapter 16.400. The conversion of a residential building for commercial use shall require the approval of a special use and development permit, pursuant to Chapters 16.103 and 16.306. The use of a residential structure for a combined commercial and residential use shall require approval of a conditional use permit, pursuant to Chapter 16.303. Any building that was designed and constructed for residential use and occupancy, but which was later approved for commercial use, may be returned to residential use subject to approval of the City's Building Official.
(08-05; 12-01)
§ 16.060.020 Development standards.
A.
Minimum Setbacks
No setbacks are required except where a lot abuts a residential district, in which case a minimum side or rear yard of 10 feet is required on that side of the lot abutting a residential district.
(08-05)
§ 16.060.030 Parking.
A.
Minimum Parking Requirements
The minimum parking requirements for developments and uses in the CV District shall be as follows:
1.
Administrative or professional uses – one off-street parking space per each 350 square feet of net floor area.
2.
Retail or service businesses – one off-street parking space per each 500 square feet of net floor area.
4.
Auditoriums, theaters, stadiums, meeting places, churches and similar places of public assembly – one space for each five permanent seats or one space per 100 square feet of net floor area, whichever is greater.
5.
Residential uses in conjunction with commercial uses – one off-street parking space for each dwelling unit. The Planning Commission may reduce or increase the specific amount of parking upon a finding that such reduction or increase is necessary, reasonable and would not defeat the purpose of this requirement.
6.
Barbers, beauty, skin care and nail services, and tanning salons – one space per 350 square feet of net floor area.
B.
Reduction for Limited Occupancy
Existing structures which do not meet current parking requirements may be permitted to open for new, more intense uses on a limited occupancy basis if the Director of Community Development determines that:
1.
The applicant has met the parking requirement for the limited occupancy;
2.
There is at that time no feasible way to provide required parking spaces for total occupancy; and
3.
There is adequate security for compliance by the applicant with the restrictions of its occupancy.
A use permitted on a limited occupancy basis shall be one where a restriction is placed on the total area within the building where the use is permitted to operate or on the number of persons permitted to occupy the building where the use is operating, either at all times or only when operating before 5:30 p.m. with the approval of the Director, pursuant to Section 16.060.030C. |
The determination of the Director of Community Development shall be subject to review by the Planning Commission at its first meeting following receipt of notice of the Director's determination. |
C.
Reduction for Evening Operation
The parking requirements for any commercial use operating after 5:30 p.m. may be reduced up to 100 percent for its operations after 5:30 p.m. with the approval of the Director of Community Development. Before granting such a reduction, the Director must determine that the number of parking spaces required for the use under Section 16.060.030A are readily available.
Notice of the Director's determination under this subsection shall be given to the Planning Commission at its next regular meeting. If the Planning Commission takes no action, then the Director's decision shall thereupon become effective. If any member of the Planning Commission requests review of the decision, then the Director's decision shall not be effective unless and until it is approved by the Planning Commission.
D.
Parking Credit
1.
Parking spaces provided by a parking assessment district shall be credited to the parking requirements for uses on parcels in the assessment district in proportion to the assessments levied against each parcel or value of land contributed by the owners of such parcel. Such credit shall be rounded to the nearest half-space with no contributing parcel receiving less than one space credit.
2.
Existing structures which are nonconforming due to lack of sufficient parking as required on January 1, 1975, are granted a nonconforming credit for those spaces that the existing use as of January 1, 1975 would have required. The minimum credit per structure is two spaces and the maximum credit is 10 spaces. This credit shall apply as partial fulfillment of parking needs for any change of use and shall accrue to new uses, provided the previous commercial use had not been vacant for more than one year. Said credit shall be utilized upon initiation of any new use and may be claimed only once.
E.
Fees In Lieu of Providing Required Off-Street Parking
1.
Applicability of In-Lieu Fees
a.
Director's Determination of Feasibility of Providing Required Parking
The Director of Community Development shall review all projects in the CV District, which do not require Architectural Commission review, to determine if required off-street parking can be provided in conjunction with the projects. If, when reviewing a project, the Director determines that it is not feasible for such project to include the required off-street parking, the payment of a fee shall be permitted in lieu of providing the required parking.
b.
Architectural Commission's Determination of Impracticality of Providing Required Parking
In reviewing projects in the CV District, the Architectural Commission shall determine if it is feasible or practical for required off-street parking to be provided in conjunction with the projects. The payment of a fee shall be required in lieu of providing required off-street parking if the Architectural Commission determines that it is not feasible or practical that a project include required parking. In determining whether it is practical for a project to include required off-street parking, the Architectural Commission shall use the following criteria:
i.
Providing additional off-street parking will result in an inappropriate land use pattern, in that the Village storefront image would not be emphasized or the pedestrian circulation pattern of the Village would not be maintained; or
ii.
Construction of a parking area will be incompatible with adjacent uses; or
iii.
Providing required off-street parking will result in an inefficient site plan, an architectural style incompatible with surrounding development, or both.
2.
Time for Payment of In-Lieu Fees
a.
New Construction
An applicant shall pay the in-lieu parking fee prior to the issuance of a building permit, except the fee shall be required to be paid prior to issuance of certificate of occupancy if the City has not appropriated in-lieu parking funds, or the City has not adopted a proposed construction schedule for the parking improvements or facilities to be provided in the CV District through the in-lieu parking fees.
b.
No New Construction
If there is no new construction subject to a building permit, the applicant shall pay the in-lieu parking fee prior to the issuance of certificate of occupancy.
c.
Approval of Payment of Fees in Installments
The City Council may authorize the payment of the in-lieu parking fee in annual or monthly installments with interest. Agreement to pay the in-lieu parking fee in installments shall be documented by a promissory note secured by a deed of trust recorded in Los Angeles County or by a UCC-1 security instrument filed with the California Secretary of State against the owner's or tenant's business equipment.
3.
Assistance of City in Paying In-Lieu Fee
Applications may be made to the City of Claremont to request assistance of the City in paying all or part of an in-lieu fee.
4.
Amount of In-Lieu Fee
The amount of the in-lieu parking fee shall be established by resolution of the City Council.
5.
Accounting and Disbursement of Fees
a.
Fees collected pursuant to this subsection shall be used solely for the following:
i.
To pay for City land acquisition and development of parking facilities designed to serve the CV District; or
ii.
To reimburse other developers who have contributed to Village parking facilities beyond those needed to mitigate the impacts of the developer's project(s) and who are entitled to reimbursement under a written agreement.
b.
The fees collected pursuant to this subsection shall be placed in a separate and special account along with any interest earnings on that account.
6.
Review of Parking in the CV District
Staff shall from time to time review the status of parking in the CV District and prepare a report to the City Council on the use of in-lieu fees paid to the City.
(08-05; 14-04)
§ 16.060.040 Village design plan.
Development regulated in this chapter shall conform to the Claremont Village Design Plan. The intent of the plan is to enrich and preserve the character of the Village development proposals shall be reviewed by the Architectural Commission for conformance to the Claremont Village Design Plan.
(08-05)