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Dana Point City Zoning Code

CHAPTER 9

11 COMMERCIAL DISTRICTS

§ 9.11.010 Intent and Purpose.

The commercial districts permit a range of commercial uses to support the commercial and service needs of residents, visitors, and the City's workforce.
(a) 
Neighborhood Commercial District. The Neighborhood Commercial (NC) 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, small food and drug stores, child care, clothing stores, neighborhood serving convenience stores, professional and business offices. These regulations are intended to ensure 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) 
Community Commercial/Pedestrian District. The Community Commercial/Pedestrian (CC/P) district provides for medium intensity commercial uses that serve community-wide needs in a pedestrian-oriented environment. The Community Commercial/Pedestrian District provides for the high quality design of commercial areas that include, but are not limited to, commercial services, professional business offices, retail sales, child care, restaurants, entertainment uses, and community facilities. The regulations promote integrated commercial districts which are designed to encourage positive pedestrian activity and minimize pedestrian and vehicular conflicts. These regulations promote architecturally pleasing commercial structures, with human scale and pedestrian character including efficient internal access, ingress and egress, and pedestrian amenities such as plazas, courtyards, and attractive landscaping.
(c) 
Community Commercial/Vehicular District. The Community Commercial/Vehicular (CC/V) District provides for higher intensity commercial uses that serve community and subregional needs with an emphasis on convenient automobile access while incorporating efficient, safe, and attractive pedestrian circulation. The Community Commercial/Vehicular District provides for the high quality design of commercial areas that include, but are not limited to, larger commercial uses such as department stores, furniture and appliances stores, grocery stores, drug stores, and automotive related uses. The regulations promote integrated commercial developments which are designed to accommodate high volume retail businesses with appropriate facilities for the access, circulation, and parking of cars. These regulations promote architecturally pleasing commercial structures situated and designed to facilitate the efficient circulation of motor vehicles.
(d) 
Visitor/Recreation Commercial (V/RC) District. The Visitor/Recreation Commercial (V/RC) District provides for visitor-serving uses such as resorts, hotels, motels, restaurants, conference facilities, commercial-recreation uses, specialty and convenience shops, and recreation/open space uses. Supporting uses include, but are not limited to, community facilities, such as museums and theaters. Secondary uses may include offices, personal services, clinical services and similar uses provided they are not the primary use on the site and do not occupy the first floor of the structure. Development within this district shall provide visitor-serving facilities in a manner which promotes fiscal stability and has minimal negative impact on surrounding land uses. Commercial uses shall provide high quality design of sites and structures with extensive landscaping, open space and public and private recreational opportunities.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94)

§ 9.11.020 Permitted Uses, Accessory Uses, Temporary Uses, and Conditional Uses.

(a) 
Several classes of uses are allowed in the Commercial Districts. Each of these classes must promote the commercial character of the individual districts. These classes of uses are:
(1) 
Permitted Use — allowed by right if no discretionary review is required. Certain permitted uses, indicated by a P*, are also regulated by provisions contained in Chapter 9.07.
(2) 
Accessory Use — allowed by right if accessory to a permitted or conditional commercial development.
(3) 
Temporary Use — allowed on a temporary basis in accordance with the provisions of Chapter 9.39.
(4) 
Conditional Use — allowed subject to the approval of a Conditional Use Permit in accordance with the provisions of Chapter 9.65. Certain conditional uses, indicated by a C*, are also regulated by provisions contained in Chapter 9.07.
(5) 
Prohibited Use — not allowed in the subject commercial district.
(b) 
The following Table lists the classification of allowable uses in Commercial Districts. Any use not expressly allowed is prohibited.
SECTION 9.11.020(b) COMMERCIAL DISTRICTS
LAND USES
NC
CC/P
CC/V
V/RC
Administrative Office Uses
P
P
P
C
Adult Businesses
X
X
P*
P*
Adult Day Health Care
X
C
C
X
Alcoholic Beverage Outlets
P*/C*
P*/C*
P*/C*
P*/C*
Animal Hospital
X
P
P
X
Animal Shelter
X
C
C
X
Automotive Sales and Rental Uses
X
C*
C*
C*
Bed and Breakfast Inn
X
P
X
P
Building Materials Sales and Service Uses
X
P
P
C
Business Service Uses
P
P
P
X
Caretaker's Residence
X
C
C
C
Clinical Services
P
P
P
P
Commercial Antennas
C*
C*
C*
C*
Commercial Entertainment Uses
C
P
P
C
Commercial Recreation Uses
C
P
P
C
Construction and Maintenance Services
P
P
P
X
Cultural Uses
P
P
P
P
Dance Halls/Clubs
C
C
C
C
Day Care Centers
P
P
P
C
Drinking Establishments
P*/C*
P*/C*
P*/C*
P*/C*
Drive - Through Uses
C
C
C
C
Drug Abuse Recovery or Treatment Facility
X
C
C
X
Educational Uses
C
P
P
C
Emergency Shelter
C
C
C
X
Family Day Care Home, Large
X
C
C
X
Family Day Care Home, Small
X
C
C
X
Food Service Uses, Specialty
P
P
P
P
Fortune Telling
X
C*
C*
C*
Furniture Store
P
P
P
C
Hospital, Acute Psychiatric
X
C
C
X
Hospital, Chemical Dependency Recovery
X
C
C
X
Hospital, General Acute Care
X
C
C
X
Hospital, Special
X
C
C
X
Hotel
X
P
P
P
Institutional Uses
X
C
P
X
Kennel
C
P
P
X
Live Entertainment Uses
C*
C*
C*
C*
Major Automotive Uses
X
C
C
X
Marine Uses
P
P
P
P
Massage Establishments
X
P*
P*
P*
Medical Office Uses
P
P
P
X
Membership Organizations
X
P
P
C
Minor Automotive Uses
X
X1
C
X
Minor Repair Service Uses
P
P
P
X
Motel
X
X
P
P
Open Space
P
P
P
P
Park, Public
P
P
P
P
Personal Service Uses
P
P
P
P
Photographic, Reproduction and Graphic Service Uses
P
P
P
P
Professional Office Use
-On the second floor or above, or below street level
-Street Level
 
P
 
P
 
P
 
P
 
P
 
P
 
P
 
C
Recreational Uses
C
P
P
P
Recycling Facilities
P*
P*
P*
X
Religious Uses
X
C*
C*
X
Research and Development Uses
C
P
P
X
Residential Care Facility for the Elderly
C
C
C
X
Residential Facility
C
C
C
X
Restaurant
P
P
P
P
Restaurant, Drive-Through
C
C
P
P
Restaurant, Fast Food
C
C
P
P
Restaurant, Take-Out
P
P
P
P
Restaurant, Walkup
C
P
P
P
Retail Sales Uses
P
P
P
P
Single Room Occupancy
X
C
C
C
Skilled Nursing Facility
X
C
C
X
Social Rehabilitation Facility
X
C
C
X
Tattoo Parlors
X
C*
C*
C*
Temporary Uses
T*
T*
T*
T*
Timeshares
X
X
X
X
Transportation Uses
X
X
P
P
Video Arcades or Game Rooms
C
C
C
C
LEGEND:
P = Permitted Use
P* = Permitted Use subject to special use standards (see Chapter 9.07)
C = Conditional Use
C* = Conditional Use subject to special use standards (see Chapter 9.07)
T = Temporary Use
T* = Temporary Use subject to special use standards (see Chapter 9.39)
X = Prohibited Use
A = Accessory Use
Notes:
1
NOTE: All minor automotive uses existing prior to (final action date), or applications for such uses which were deemed complete prior to that date, shall be considered legal conforming uses and shall be exempt from the provisions of Chapter 9.63.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-02, 1/11/94; Ord. 94-09, 5/24/94; Ord. 94-21, 12/13/94; Ord. 96-10, 8/13/96; Ord. 97-05, 9/9/97; Ord. 97-12, 11/12/97; Ord. 97-13, 11/25/97; Ord. 03-07, 4/9/03)

§ 9.11.030 Development Standards.

The following general development standards table provides the minimum acceptable standards for development within the commercial districts necessary to assure quality development and attractive local commercial areas. The development standards are supplemented, and where applicable, superseded by the special development standards described in Chapter 9.05, Chapter 9.07, and Section 9.11.040. Parking standards are provided in Chapter 9.35.
SECTION 9.11.030 COMMERCIAL DEVELOPMENT STANDARDS
DEVELOPMENT STANDARDS (1)
COMMERCIAL ZONING DISTRICTS
NC
CC/P
CC/V
V/RC
(a) Minimum Lot Size (2)
5,000 sf
5,000 sf
15,000 sf
15,000 sf
(b) Minimum Lot Width (2)
40 ft
50 ft
100 ft
100 ft
(c) Minimum Lot Depth (2)
100 ft
80 ft
120 ft
150 ft
(d) Maximum Lot Coverage
35%
60%
45%
40%
(e) Maximum Height
31-35 ft (3)
3 stories (4)
31-35 ft (3)
3 stories (4)
31-35 ft (3)
3 stories (4)
31-35 ft (3)
3 stories (4)
(f) Standard Floor Area Ratio (5)
.35:1
.6:1
.5:1
.5:1
(g) Minimum Front Yard Setback (6)
 
From Ultimate Public Street R/W Line
20 ft
10 ft (7)
20 ft
5 ft
(h) Minimum Side Yard Setback
 
Interior Side
10 ft
0 ft
0 ft
5 ft
Street Side (6)
15 ft
5 ft
10 ft
5 ft
(i) Minimum Rear Yard Setback
 
Standard (8)
15 ft
0 ft
15 ft
15 ft
Adjacent to Alley or Street (6)
10 ft
5 ft
10 ft
10 ft
(j) Minimum Landscape Coverage (6)
10%
10%
15%
20%
(k) Minimum Building Separation
10 ft
10 ft
10 ft
10 ft
Footnotes for Section 9.11.030:
(1)
See Chapter 9.75 for definitions and illustrations of development standards.
(2)
Development standard applies to proposed subdivisions of land through a SDP. The standards may be modified by the Planning Commission when necessary to accommodate the parcel configuration for an integrated commercial development subject to the approval of a Conditional Use Permit pursuant to Chapter 9.65.
(3)
Subject to the measurement and design criteria in Section 9.05.110(b).
(4)
A maximum of 3 stories may only be permitted in accordance with Section 9.05.200.
(5)
A maximum FAR of 1.75:1 may be permitted in accordance with Section 9.05.210.
(6)
All setback areas adjacent to public streets must be landscaped.
(7)
A zero setback may be allowed if the structure is designed to occupy no more than 60% of the front 10 feet of the parcel and with an increase in minimum landscape coverage to 15%.
(8)
Twenty feet adjacent to residential use or district.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 94-21, 12/13/94)

§ 9.11.040 Special Development Standards.

(a) 
Accessory Uses and Structures. Setbacks for detached accessory buildings or structures shall be established through a Site Development Permit and shall be consistent with the provisions of Section 9.05.080, Maximum Projections into Required Yard Areas.
(b) 
Sign Programs. Multi-tenant commercial development shall be required to obtain approval for a project sign program pursuant to Chapter 9.37.
(c) 
"Art-in-Public-Places" Program. All new development projects located in the zoning districts described in this Chapter are subject to the provisions of the "Art-in-Public-Places" Program as described in Section 9.05.240.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-13, 8/23/94)