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