Table No. 1 - Permitted uses in commercial zones

 

Notes:

   1.   P = Permitted use, A = Accessory use, AUP = Use subject to an administrative use permit (Per ESMC Chapters 22 and 23), CUP = Use subject to a conditional use permit (per ESMC Chapters 24 and 28), N = prohibited

   2.   Drive-through restaurants are permitted with a CUP only east of Pacific Coast Highway.

   3.   Fitness centers in the C-4 zone are only permitted indoors

   4.   General offices in the C-3 zone are limited to a maximum gross area of 5,000 square feet

   5.   Hotels in the CO zone are not permitted west of Pacific Coast highway

   6.   Service stations are permitted with a CUP only when located at least 500 feet from any residential zoned property. This distance restriction does not apply to properties east of Pacific Coast Highway

   7.   Research and development uses in commercial zones are permitted only east of Pacific Coast Highway

   8.   See ESMC Article 15-7B regarding the Multimedia Overlay (MMO) District and its permitted uses

The purpose of this zone is to provide consistency with and implement policies related to those locations which are designated Downtown Commercial on the General Plan land use map and in the General Plan text. This zone is comprised of commercial retail-service areas and certain lands where such development is desirable and appears likely to occur. Regulations are designed to stabilize and protect the commercial retail-service character of the downtown area, and to create a favorable environment for pedestrian circulation and access. Principal uses are, therefore, restricted to commercial retail-service use, and certain essential and complementary uses as permitted under the conditional use permit. (Ord. 1648, 6-21-2023)

Permitted uses, permitted accessory uses, uses subject to administrative use permit, and uses subject to conditional use permit for all commercial zones are listed in Article 15-5A of this Title. (Ord. 1648, 6-21-2023)

All uses within the C-RS Zone shall comply with the development standards contained in this section.

   A.   General Provisions:

      1.   All uses shall be conducted within a fully enclosed building, except:

         a.   Outdoor restaurants, cafes or seating areas, provided they comply with the provisions of section 15-2-16 of this title; and

         b.   Outdoor recreational activities.

      2.   Required on-site parking shall not be allowed between the use and/or building and the front lot line upon which said use or building faces.

      3.   Prior to approval of any development project, all criteria of the Transportation Demand Management (TDM) and trip reduction criteria, as provided for in chapter 16 of this title shall be met.

      4.   Other provisions as required by chapter 2 of this title.

   B.   Lot area: A minimum of 5,000 square feet.

   C.   Height:

      1.   Buildings and structures shall not exceed the height of 45 feet.

      2.   A maximum grade differential of 8 feet is permitted on sloping lots. The vertical height which exceeds the maximum grade differential limit is included in measuring the maximum building height. On sloped lots, a segmented grade plane may be applied to different portions of a building.

      3.   See section 15-2-3 of this title for exceptions to building height.

   D.   Setbacks:

      1.   Front Yard: None required, unless both the C-RS Zone and a residential zone occupy the same block face. In such a case, the setback shall be the same as the residential zone.

      2.   Side Yard: None required, unless the side yard abuts property with a different zone classification, in which case the side yard setback shall be a minimum of 10 feet.

      3.   Rear Yard: None required, unless the following conditions exist:

         a.   If the rear yard adjoins an alley, dedicated street, public right-of-way, or if the primary access is through the rear yard, rear yard setback shall be a minimum of 10 feet; and

         b.   If the rear yard abuts property with a non-commercial zone classification, the rear yard setback shall be a minimum of 10 feet.

   E.   Lot frontage: No minimum requirements.

   F.   Building Area: The total net floor area of all buildings, excluding residential floor area, shall not exceed the total net square footage of the property multiplied by 1.0 or an FAR of one to one (1:1).

   G.   Walls and fences: Walls and fences shall comply with the requirements of chapter 2 of this title.

   H.   Access: All development projects shall provide adequate access and facilities for various modes of transit, as required by the City's Transportation Demand Management Program in chapter 16 of this title. In addition, all development projects shall provide pedestrian access between buildings and transit facilities located on site and/or off site, if within adjoining public rights-of-way. If the building is part of a multi-building development project, then safe and convenient pedestrian access shall be provided between buildings. (Ord. 1648, 6-21-2023)

Landscaping must be provided as required by section 15-2-14 and chapter 15A of this Title. (Ord. 1648, 6-21-2023)

As required by chapter 15 of this title. (Ord. 1648, 6-21-2023)

As required by chapter 18 of this title. (Ord. 1648, 6-21-2023)

Residential uses shall be permitted only on the floor above street level, provided the street level is used for commercial purposes. One dwelling unit shall be permitted for each 4,356 square feet of lot area. Parking for the residential use shall conform with the requirements for multiple-family dwelling units, except that parking shall not be required to be provided in a covered structure. Tandem parking shall be allowed in a configuration that provides all of the commercial spaces direct ingress and egress to the site. (Ord. 1648, 6-21-2023)

The purpose of this zone is to provide consistency with and implement policies related to those locations which are designated Neighborhood Commercial on the General Plan land use map and in the General Plan text. This zone is intended to promote, preserve, enhance and service the neighborhood commercial needs of adjacent residential areas. Regulations are designed and intended to cater to both pedestrian and vehicular access. Principal uses are, therefore, restricted to neighborhood serving general commercial uses. (Ord. 1648, 6-21-2023)

Permitted uses, permitted accessory uses, uses subject to administrative use permit, and uses subject to conditional use permit for all commercial zones are listed in Article 15-5A of this Title. (Ord. 1648, 6-21-2023)

All uses within the C-2 Zone shall comply with the development standards contained in this section.

   A.   General Provision:

      1.   All uses shall be conducted within a fully enclosed building, except:

         a.   Outdoor restaurants, cafes or seating areas, provided they comply with the provisions of section 15-2-16 of this title; and

         b.   Outdoor recreational activities.

      2.   Prior to approval of any development project, all criteria of the Transportation Demand Management (TDM) and trip reduction criteria, as provided for in chapter 16 of this title shall be met.

      3.   Other provisions as required in chapter 2 of this title.

   B.   Lot area: A minimum of 5,000 square feet.

   C.   Height:

      1.   Buildings and structures shall not exceed a height of 28 feet.

      2.   A maximum grade differential of 8 feet is permitted on sloping lots. The vertical height which exceeds the maximum grade differential limit is included in measuring the maximum building height. On sloped lots, a segmented grade plane may be applied to different portions of a building.

      3.   See section 15-2-3 of this title for exceptions to building height.

   D.   Setbacks:

      1.   Front Yard: 15 feet minimum.

      2.   Side Yard: None required, unless the side yard abuts property with a non-commercial zone classification, in which case the side yard setback shall be a minimum of 10 feet.

      3.   Rear Yard: 10 feet minimum.

   E.   Lot Frontage: No minimum requirements.

   F.   Building Area: The total net floor area of all buildings, excluding residential floor area, shall not exceed the net square footage of the property, multiplied by 0.5 or an FAR of 0.5:1.

   G.   Walls and fences: Walls and fences shall comply with the location requirements of chapter 2 of this title.

   H.   Access: All development projects shall provide adequate access and facilities for various modes of transit, as required by the City's Transportation Demand Management Program in chapter 16 of this title. In addition, all development projects shall provide pedestrian access between buildings and transit facilities located on site and/or off site, if within adjoining public rights-of-way. If the building is part of a multi-building development project, then pedestrian access shall be provided between buildings. (Ord. 1648, 6-21-2023)

Landscaping must be provided as required by section 15-2-14 and chapter 15A of this title. (Ord. 1648, 6-21-2023)

As required by chapter 15 of this title. (Ord. 1648, 6-21-2023)

In compliance with chapter 18 of this title. (Ord. 1648, 6-21-2023)

Residential uses shall be permitted only on the floor above street level, provided the street level is used for commercial purposes. One dwelling unit shall be permitted for each 4,356 square feet of lot area. Parking for the residential use shall conform with the requirements for multiple-family dwelling units, except that parking shall not be required to be provided in a covered structure. Tandem parking shall be allowed in a configuration that provides all of the commercial spaces direct ingress and egress to the site. (Ord. 1648, 6-21-2023)

The purpose of this zone is to provide consistency with and implement policies related to those locations which are designated General Commercial on the General Plan land use map and in the General Plan text. This zone is intended to provide for the development of commercial establishments which serve a broad cross section of the City and surrounding area. Regulations are designed to promote and control their growth in a favorable environment to all abutting and surrounding land uses. Principal uses, therefore, include a broad spectrum of retail and service commercial uses. (Ord. 1648, 6-21-2023)

Permitted uses, permitted accessory uses, uses subject to administrative use permit, and uses subject to conditional use permit for all commercial zones are listed in Article 15-5A of this Title. (Ord. 1648, 6-21-2023)

All uses in the C-3 Zone shall comply with the development standards contained in this section.

   A.   General Provisions:

      1.   All uses shall be conducted within a fully enclosed building except:

         a.   Outdoor restaurants, cafes or seating areas, provided they comply with the provisions of section 15-2-16 of this title;

         b.   Outdoor retail activities customarily conducted outdoors, including, but not limited to, lumberyards and nurseries; and

         c.   Outdoor recreational activities.

      2.   Prior to approval of any development project, all criteria of the Transportation Demand Management (TDM) and trip reduction criteria, as provided for in chapter 16 of this title shall be met.

      3.   Other provisions as required in chapter 2 of this title.

   B.   Lot area: A minimum of 10,000 square feet.

   C.   Height:

      1.   East of Sepulveda Boulevard: No building or structure shall exceed 200 feet.

      2.   West of Sepulveda Boulevard: No building or structure shall exceed 45 feet.

      3.   If the subject property abuts residentially zoned property, no building or structure shall exceed 40 feet.

      4.   A maximum grade differential of eight feet is permitted on sloping lots. The vertical height which exceeds the maximum grade differential limit is included in measuring the maximum building height. On sloped lots, a segmented grade plane may be applied to different portions of a building.

      5.   See section 15-2-3 of this title for exceptions to building height.

   D.   Setbacks:

      1.   Front yard: 10 feet minimum

      2.   Side yard: None required, unless one of the following conditions exists:

         a.   If the side yard adjoins a dedicated street, a minimum of 10 feet shall be provided; and

         b.   If the side yard abuts residentially zoned property, a minimum of 10 feet shall be provided.

      3.   Rear yard: None required, unless one of the following conditions exists:

         a.   If the rear yard adjoins an alley, dedicated street, public right-of-way, or if the primary access is through the rear yard, a minimum of 10 feet shall be provided; and

         b.   If the rear yard abuts property with a non-commercial classification, a minimum of 10 feet shall be provided.

      4.   Future street right-of-way Lines. If any future street right-of-way line has been established by plan adopted by the city council, such line shall be considered to be the property line for purposes of determining setbacks.

      5.   Easements. Setbacks from legal easements, other than street right-of-way easements, shall not be required. In addition to the appropriate review and approval by the city, no construction of any structure or improvement is allowed within a legal easement without written authorization from the legal holder of the easement. Such authorization shall be in a form acceptable to the Director.

   E.   Lot frontage: Each lot shall be a minimum frontage on a street of 100 feet.

   F.   Building area: The total net floor area of all buildings shall not exceed the total net square footage of the property multiplied by 1.0 or an FAR of one to one (1:1). Additional FAR may be granted for properties east of Sepulveda Boulevard only, with approval of a transfer of development rights (TDR) plan.

   G.   Walls and fences: Walls and fences shall comply with the location requirement of chapter 2 of this title.

   H.   Access: All development projects shall provide adequate access and facilities for various modes of transit, as required by the City's Transportation Demand Management Program in chapter 16 of this title. In addition, all development projects shall provide pedestrian access between buildings and transit facilities located on site and/or off site, if within adjoining public rights-of-way. If the building is part of a multi-building development project, then safe and convenient pedestrian access shall be provided between buildings. (Ord. 1648, 6-21-2023)

As required by section 15-2-14 and chapter 15A of this title. (Ord. 1648, 6-21-2023)

As required by chapter 15 of this title. (Ord. 1648, 6-21-2023)

As required by chapter 18 of this title. (Ord. 1648, 6-21-2023)

The purpose of this zone is to provide consistency with and implement policies related to those locations which are designated Corporate Office on the General Plan land use map and in the General Plan text. This zone is intended to provide for the development of office projects. Regulations are designed to promote and control their growth in a favorable environment to all abutting and surrounding land uses. Principal uses are, therefore, restricted to a mixture of office and food serving uses with limited retail uses. (Ord. 1648, 6-21-2023)

Permitted uses, permitted accessory uses, uses subject to administrative use permit, and uses subject to conditional use permit for all commercial zones are listed in Article 15-5A of this Title. (Ord. 1648, 6-21-2023)

All uses in the CO Zone shall comply with the development standards contained in this section.

   A.   General Provisions:

      1.   All uses shall be conducted within a fully enclosed building, except:

         a.   Outdoor restaurants and cafes incidental to the permitted use, provided they comply with the provisions of section 15-2-16 of this title.

         b.   Recreational facilities customarily conducted in the open.

      2.   Prior to approval of any development project, all criteria of the Transportation Demand Management (TDM) and trip reduction criteria, as provided for in chapter 16 of this title shall be met.

      3.   Other provisions as required in chapter 2 of this title.

   B.   Lot area: A minimum of 10,000 square feet.

   C.   Height:

      1.   East of Pacific Coast Highway: No building or structure shall exceed 200 feet.

      2.   West of Pacific Coast Highway: No building or structure shall exceed 45 feet.

      3.   If the subject property abuts residentially zoned property, no building or structure shall exceed 40 feet.

      4.   A maximum grade differential of eight feet is permitted on sloping lots. The vertical height which exceeds the maximum grade differential limit is included in measuring the maximum building height. On sloped lots, a segmented grade plane may be applied to different portions of a building.

      5.   See section 15-2-3 of this title for exceptions to building height.

   D.   Setbacks:

      1.   Front yard: A minimum of 20 feet.

      2.   Side yard: A minimum of 10 feet, unless one of the following conditions exists:

         a.   If the side yard adjoins a dedicated street, a minimum of 20 feet shall be provided; and

         b.   If the side yard abuts property zoned for residential uses, a minimum of 100 feet shall be provided, including a 25-foot landscape buffer.

      3.   Rear yard: A minimum of 10 feet, unless one of the following conditions exists:

         a.   If the rear yard adjoins an alley, dedicated street, public right-of-way, or if the primary access is through the rear yard, a minimum of 25 feet shall be provided; and

         b.   If the rear yard abuts property zoned for residential uses, a minimum of 100 feet shall be provided, including a 25-foot landscape buffer.

      4.   Future street right-of-way lines. If any future street right-of-way line has been established by plan adopted by the city council, such line shall be considered to be the property line for purposes of determining setbacks.

      5.   Easements. Setbacks from legal easements, other than street right-of-way easements, shall not be required. In addition to the appropriate review and approval by the city, no construction of any structure or improvement is allowed within a legal easement without written authorization from the legal holder of the easement. Such authorization shall be in a form acceptable to the Director.

   E.   Lot frontage: Each lot shall have a minimum frontage on a street of 100-feet.

   F.   Building area: The total net floor area of all buildings shall not exceed the total net square footage of the property multiplied by 0.8 or an FAR of 0.8:1. Additional FAR may be granted for properties east of Pacific Coast Highway only, with approval of a transfer of development rights (TDR) plan.

   G.   Walls and fences: Wall and fences shall comply with the location requirements of chapter 2 of this title.

   H.   Access: All development projects shall provide adequate access and facilities for various modes of transit, as required by the City's Transportation Demand Management Program, chapter 16 of this title. In addition, all development projects shall provide pedestrian access between buildings and transit facilities located on site and/or off site, if within adjoining public rights-of-way. If the building is part of a multi-building development project, then pedestrian access shall be provided between buildings. (Ord. 1648, 6-21-2023)

As required by section 15-2-14 and chapter 15A of this title. (Ord. 1648, 6-21-2023)

As required by chapter 15 of this title. (Ord. 1648, 6-21-2023)

As required by chapter 18 of this title. (Ord. 1648, 6-21-2023)

The purpose of this zone is to provide consistency with and implement policies related to those locations which are designated Urban Mixed Use North on the General Plan land use map and in the General Plan text. The Urban Mixed Use North (MU-N) zone is established to provide area(s) where a mixture of compatible commercial, office, research and development, retail and hotel uses can locate and develop in a mutually beneficial manner. It is the intent of the MU-N zone to have several types of uses occupy a single building, or if a project includes multiple buildings, then each building should contain a different type of use. It is anticipated, although not required, that each type of use will be from two or more of the following categories: retail, service, hotel, office, research and development, theaters or recreational facilities. It is further intended to ensure that adequate open space and development regulations will create a favorable environment for abutting uses as well as ensuring the compatibility and harmonious existence of development within MU-N zoned property. Businesses located within this zone are encouraged to provide street level uses which allow for, and facilitate, pedestrian activity for area workers and visitors. (Ord. 1648, 6-21-2023)

Permitted uses, permitted accessory uses, uses subject to administrative use permit, and uses subject to conditional use permit for all commercial zones are listed in Article 15-5A of this Title. (Ord. 1648, 6-21-2023)

All uses within the MU-N Zone shall comply with the development standards contained in this section.

   A.   General Provision:

      1.   All uses shall be conducted wholly within an enclosed building except:

         a.   Electrical distribution stations.

         b.   Outdoor restaurants and cafes incidental to the permitted use, provided they comply with the provisions of section 15-2-16 of this title.

         c.   Recreational facilities customarily conducted in the open.

         d.   Special uses, to the degree the conditional use permit granting such special uses expressly permits operation in other than a fully enclosed building.

      2.   Prior to approval of any development project, all criteria of the Transportation Demand Management (TDM) and trip reduction criteria as provided for in chapter 16 of this title shall be met.

      3.   Other provisions as required in chapter 2 of this title.

   B.   Lot area: A minimum lot area of 10,000 square feet.

   C.   Height:

      1.   Buildings and structures shall not exceed a height of 175 feet.

      2.   A maximum grade differential of eight feet is permitted on sloping lots. The vertical height which exceeds the maximum grade differential limit is included in measuring the maximum building height. On sloped lots, a segmented grade plane may be applied to different portions of a building.

      3.   See section 15-2-3 of this title for exceptions to building height

   D.   Setbacks:

      1.   Front yard: A minimum of 20 feet.

      2.   Side yard: A minimum of 10 feet, unless the side yard adjoins a dedicated street, in which case a minimum of 20 feet shall be provided.

      3.   Rear yard: Five feet minimum, unless the rear yard adjoins an alley, dedicated street, or public right-of-way, or if the primary access is through the rear yard. In these cases, a minimum of 20 feet shall be provided.

      4.   Future street right-of-way lines. If any future street right-of-way line has been established by plan adopted by the city council, such line shall be considered to be the property line for purposes of determining setbacks.

      5.   Easements. Setbacks from legal easements, other than street right-of-way easements, shall not be required. In addition to the appropriate review and approval by the city, no construction of any structure or improvement is allowed within a legal easement without written authorization from the legal holder of the easement. Such authorization shall be in a form acceptable to the Director.

   E.   Lot Frontage: Each lot in the MU-N Zone shall have a minimum frontage on a street of 100 feet.

   F.   Building area: The total net floor area of all buildings shall not exceed the total net square footage of the property multiplied by 1.3 or an FAR 1.3:1. Additional FAR may be granted for properties east of Pacific Coast Highway only, with approval of a transfer of development rights (TDR) plan.

   G.   Walls and fences: Fences in the MU-N Zone shall comply with the requirements of chapter 2 of this title.

   H.   Access: All development projects shall provide adequate access and facilities for various modes of transit, as required by the City's transportation demand management program in chapter 16 of this title. In addition, all development projects shall provide pedestrian access between buildings and transit facilities located on site and/or off site, if within adjoining public rights-of-way. If the building is part of a multi-building development project, then pedestrian access shall be provided between buildings. (Ord. 1648, 6-21-2023)

As required by section 15-2-14 and chapter 15-15A of this title. (Ord. 1648, 6-21-2023)

As required by chapter 15 of this title. (Ord. 1648, 6-21-2023)

As required chapter 18 of this title. (Ord. 1648, 6-21-2023)

The purpose of this zone is to provide consistency with and implement policies related to those locations which are designated Urban Mixed Use South on the General Plan land use map and in the General Plan text. The Urban Mixed Use South (MU-S) Zone is established to provide area(s) where a mixture of compatible commercial, offices, research and development, retail and hotel uses can locate and develop in a mutually beneficial manner. It is the intent of the MU-S Zone to have several types of uses occupy a single building, or if a project includes multiple buildings, then each building should contain a different type of use. It is anticipated, although not required, that each type of use will be from two or more of the following categories: retail, service, hotel, office, research and development, theaters or recreational facilities. It is further intended to ensure that adequate open space and development regulations will create a favorable environment for abutting uses as well as ensuring the compatibility and harmonious existence of development within MU-S Zoned property. Businesses located within this zone are encouraged to provide street level uses which allow for, and facilitate, pedestrian activity for area workers and visitors. (Ord. 1648, 6-21-2023)

Permitted uses, permitted accessory uses, uses subject to administrative use permit, and uses subject to conditional use permit for all commercial zones are listed in Article 15-5A of this Title. (Ord. 1648, 6-21-2023)

All uses within the MU-S Zone shall comply with the development standards contained in this section.

   A.   General Provisions:

      1.   All uses shall be conducted wholly within an enclosed building except:

         a.   Electrical distribution stations;

         b.   Outdoor restaurants and cafes incidental to the permitted use, provided they comply with the provisions of section 15-2-16 of this title;

         c.   Recreational facilities customarily conducted in the open; and

         d.   Special uses, to the degree the conditional use permit granting such special uses expressly permits operation in other than a fully enclosed building.

      2.   Prior to approval of any development project, all criteria of the Transportation Demand Management (TDM) and trip reduction criteria as provided for in chapter 16 of this title shall be met.

      3.   Other provisions as required in chapter 2 of this title.

   B.   Lot area: A minimum lot area of 10,000 square feet.

   C.   Height:

      1.   Buildings and structures shall not exceed a height of 175 feet.

      2.   A maximum grade differential of eight feet is permitted on sloping lots. The vertical height which exceeds the maximum grade differential limit is included in measuring the maximum building height. On sloped lots, a segmented grade plane may be applied to different portions of a building.

      3.   See section 15-2-3 of this title for exceptions to building height.

   D.   Setback:

      1.   Front Yard: 20 feet minimum, except that along Rosecrans Avenue a minimum setback of 30 feet must be provided.

      2.   Side Yard: 10 feet minimum, unless one of the following conditions exists:

         a.   If the side yard abuts property with a non-commercial zoning classification, the side yard setback shall be a minimum of 20 feet.

         b.   If the side yard abuts Rosecrans Avenue or Park Place, the side yard setback shall be a minimum of 30 feet.

      3.   Rear Yard: Five feet minimum, unless the rear yard adjoins an alley, dedicated street, or public right-of-way, or if the primary access is through the rear yard. In these cases, the rear yard setback shall be a minimum of 20 feet.

   E.   Lot frontage: Each lot in the MU-S Zone shall have a minimum frontage on a street of 100 feet.

   F.   Building area: The total net floor area of all buildings shall not exceed the total net square footage of the property multiplied by 1.3 or an FAR of 1.3:1. Additional FAR may be granted for properties east of Sepulveda Boulevard only, with approval of a transfer of development rights (TDR) plan.

    G.   Walls and fences: Fences in the MU-S Zone shall comply with the requirements of chapter 2 of this title. A minimum six-foot high masonry wall shall be provided along property lines for those yards abutting residential or industrial zones.

   H.   Access: All development projects shall provide adequate access and facilities for various modes of transit, as required by the City's Transportation Demand Management Program in chapter 16 of this title. In addition, all development projects shall provide pedestrian access between buildings and transit facilities located on site and/or off site, if within adjoining public rights-of-way. If the building is part of a multi-building development project, then pedestrian access shall be provided between buildings. (Ord. 1648, 6-21-2023)

As required by section 15-2-14 and chapter 15A of this title. (Ord. 1648, 6-21-2023)

As required by chapter 15 of this title. (Ord. 1648, 6-21-2023)

As required by chapter 18 of this title. (Ord. 1648, 6-21-2023)

The purpose of this zone is to provide consistency with and implement policies affecting property designated as commercial center on the General Plan land use map and in the General Plan text. This zone is intended to provide for developing commercial establishments serving the City and surrounding area. Regulations are designed to promote and control growth of commercial center projects such as retail and service uses. (Ord. 1648, 6-21-2023)

Permitted uses, permitted accessory uses, uses subject to administrative use permit, and uses subject to conditional use permit for all commercial zones are listed in Article 15-5A of this Title. (Ord. 1648, 6-21-2023)

All uses in the C-4 Zone must comply with the development standards contained in this section.

   A.   General Provisions:

      1.   All uses must be conducted within a fully enclosed building except:

         a.   Outdoor restaurants, cafes or seating areas, complying with the provisions of section 15-2-16 of this title;

         b.   Outdoor wholesale or retail activities customarily conducted outdoors, including, without limitation, lumberyards, nurseries, and periodic outdoor sales;

         c.   Outdoor recreational activities; and

         d.   Temporary uses conducted for a period not to exceed one year in a temporary trailer, shipping container, or similar structure.

      2.   Before the City approves any development project, the project must meet all requirements of the transportation demand management (TDM) and trip reduction criteria as set forth in chapter 16 of this title.

      3.   Other provisions as set forth in chapter 2 of this title.

   B.   Lot Area: A minimum of 10,000 square feet.

   C.   Height:

      1.   No building or structure may exceed 65 feet.

      2.   A maximum grade differential of eight feet is permitted on sloping lots. The vertical height which exceeds the maximum grade differential limit is included in measuring the maximum building height. On sloped lots, a segmented grade plane may be applied to different portions of a building.

      3.   See section 15-2-3 of this title for exceptions to building height.

   D.   Setbacks: The setback requirements shall not be applicable to environmental treatment facilities that are determined by a regulatory agency to be necessary to mitigate the presence of hazardous substances that are present in the soils on the parcel of property on which a treatment facility is located. However, the environmental treatment facility must otherwise comply with the City's traffic safety and Building Code requirements.

      1.   Front yard: 25 feet minimum.

      2.   Side yard: Zero feet minimum, unless one of the following conditions exists:

         a.   If the side yard adjoins a dedicated street, at least 25 feet must be provided; and

         b.   If the side yard abuts property with a different classification, the side yard setback shall be a minimum of 10 feet.

      3.   Rear yard: 15 feet minimum unless one of the following conditions exists:

         a.   If the rear yard adjoins an alley, dedicated street, public right-of-way, or if the primary access is through the rear yard, at least 25 feet must be provided;

         b.   If the rear yard adjoins a railroad right-of-way, at least 10 feet must be provided; and

         c.   If the rear yard abuts property with a different classification, the rear yard setback shall be a minimum of feet.

   E.   Lot frontage:

      1.   Each lot must provide a minimum frontage on a public street of 100 feet; or

      2.   Flag lots are permitted with a minimum stem width of 20 feet at a public street. If the flag lot does not provide physical access to a public street, a permanent access easement must be provided from the lot across any contiguous lot or lots which conform with the minimum lot frontage requirement to a public street. The easement, and any proposed modification to the easement, requires City review and approval.

   F.   Building Area: The total net floor area of all buildings may not exceed the total net square footage of the property multiplied by 0.275 or an FAR 0.275:1. However, additional FAR may be granted by the City pursuant to a development agreement.

   G.   Transfer of development rights: The transfer of development density from one or more donor parcels to any other receiving parcel or parcels is permitted within the C-4 Zone; provided, that the requirements of this section are met.

      1.   Location of transfer parcels: The donor and receiving parcels must each be located entirely within the C-4 Zone.

      2.   Maximum net floor area (NFA) for a receiving parcel: The NFA on any receiving parcel increased in density pursuant to this section cannot exceed an FAR of 0.6.

      3.   Reduced NFA for a donor parcel: The permitted NFA on any donor parcel decreased in density pursuant to this section must be reduced by the amount of NFA transferred to one or more receiving parcels.

      4.   Building standards for parcels: All buildings must comply with the building standards of the C-4 Zone.

      5.   Transfer of development rights: A transfer of development rights may be initiated by a person submitting a written application for a transfer to the Community Development Department that identifies the donor parcel(s), receiving parcel(s), the amount of NFA proposed to be transferred, and the proposed uses of the donor and receiving parcels.

      6.   Review by Director: The Director must approve, conditionally approve or deny a transfer plan at a public hearing. The Director must use the following criteria in making a determination:

         a.   The transfer meets the objectives of this title and the purposes of the C-4 Zone;

         b.   The proposed transfer will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity;

         c.   The proposed transfer complies with each of the applicable provisions of this chapter;

         d.   The proposed transfer recognizes and compensates for potential impacts that could be generated by the proposed transfer, such as aesthetics, noise, smoke, dust, fumes, vibration, odors, traffic and hazards; and

         e.   The proposed transfer plan is consistent with the General Plan.

      7.   Notice and hearing: Upon filing of an application for a transfer plan by a property owner or an applicant with the consent of the owner, the Director must give public notice, as provided in chapter 28 of this title, of the intention to consider at a public hearing the granting of a transfer plan.

      8.   Appeal to Planning Commission: The applicant or any person affected by the Director 's decision respecting a transfer plan can appeal that decision to the Planning Commission pursuant to chapter 29 of this title.

      9.   Appeal to City Council: The applicant or any person affected by the Planning Commission's decision respecting a transfer plan can appeal the Planning Commission's decision to the City Council pursuant to chapter 29 of this title.

      10.   Final Approval: A transfer plan approved by the Director, Planning Commission and/or City Council becomes final upon the completion of all applicable conditions of approval and the following:

         a.   Legal Assurances: A covenant or other suitable, legally binding agreement in a form approved by the City Attorney must be recorded against the affected donor and receiving parcels confirming the transfer of NFA between/among parcels and setting forth any conditions of approval imposed by the City. The covenant must be executed by all parties that have a legal or equitable interest in the affected donor and receiving parcels. The covenant must confirm that from the date of recording of the covenant, the affected parcels will be burdened by the covenant in perpetuity and the covenant will run with the land and the FAR for the donor parcel and receiving parcel will be set in the covenant pursuant to the FAR allowed at the time of approval of the transfer; and

      11.   Removal/Modification: The Director may approve the removal or modification of a covenant if the transfer has not been entirely utilized by a receiving parcel or a different parcel has been identified as a donor parcel. The legal and equitable owners of the affected parcels must execute a removal or modification covenant in a form approved by the City Attorney.

   H.   Walls and fences: Walls and fences must comply with the location requirement of chapter 2 of this title.

   I.   Access: All development projects must provide adequate access and facilities for various modes of transit, as required by the City's Transportation Demand Management Program in chapter 16 of this title. In addition, all development projects must provide pedestrian access between buildings and transit facilities located on site and/or off site, if within adjoining public rights-of-way. If the building is part of a multi-building development project, then safe and convenient pedestrian access must be provided between buildings. (Ord. 1648, 6-21-2023)

As required by section 15-2-14 and chapter 15A of this title. (Ord. 1648, 6-21-2023)

As required by chapter 15 of this title. (Ord. 1648, 6-21-2023)

Signs in the C-4 Zone must comply with requirements of chapter 18 of this title except as specified below:

   A.   A maximum of three ground or monument signs not to exceed 45 feet in height each are permitted along the Pacific Coast Highway street frontage, north of the Union Pacific Railroad.

   B.   A maximum of two ground or monument signs not to exceed 25 feet in height each are permitted along the Pacific Coast Highway street frontage south of the Union Pacific Railroad.

   C.   A maximum of two ground or monument signs (not including wayfinding signs), not to exceed 25 feet in height each are permitted along the Park Place street frontage.

   D.   A maximum of one ground or monument sign (not including wayfinding signs), not to exceed 25 feet in height is permitted along the Allied Way street frontage.

   E.   A maximum of one ground or monument sign, not to exceed 65 feet in height is permitted along the Allied Way street frontage.

   F.   A maximum of two ground or monument signs (not including wayfinding signs), not to exceed 20 feet each are permitted along the Rosecrans Avenue street frontage.

   G.   A maximum of one roof sign up to 450 square feet in that portion of the C-4 Zone located south of the Union Pacific Railroad and north of Village Drive which shall not count toward the maximum 15 percent permitted for storefront signage as specified in subsection 15-18-4A(1)(b) of this title.

   H.   Parcels that are comprised of a minimum of 7.5 acres and that have at least 80 percent of the floor area devoted to retail and restaurant uses may have up to two (light emitting diode signs ("LED sign") that do not exceed 30 feet in height and 60 feet in width so long as: 1) the signs only advertise businesses and products (but only in conjunction with the name of the business that sells the product) that are located on the parcel or display movie projections and abstract videos that are not related to advertising any product, or entertainment, retail or service use and 2) the sign is oriented such that it is intended to be viewed by individuals located on the parcel and not by individuals located in a public right-of-way. Pursuant to a development agreement that covers multiple parcels of property, and so long as the requirements of this provision are otherwise met, the names of businesses and products (but only in conjunction with the name of the business that sells the product) that are located on parcels that are subject to the development agreement may be advertised on an LED sign located on another parcel that is subject to the same development agreement. (Ord. 1648, 6-21-2023)