Fullerton City Zoning Code

   This chapter establishes the city’s commercial zones, including permitted uses and physical development standards.

(Ord. 2982, passed - -2001; Ord. 3066, passed - -2005)

   The following commercial zones are established:

   (A)   Office-Professional (O-P). To provide for business and professional offices, social services, hospitals and related business activities;

   (B)   General Commercial (G-C). To provide for a wide range of commercial goods and services;

   (C)   Central Business District Commercial (C-3). To provide for a highly concentrated business district that includes mixed residential and commercial use, primarily for the downtown area; and

   (D)   Commercial, Manufacturing (C-M). To provide for selected areas where on-premises retail sales and services along with the related assembling, processing and manufacturing can be carried out.

(Ord. 2982, passed - -2001; Ord. 3066, passed - -2005; Ord. 3232, passed - -2016)

   (A)   Any commercial activity or use not specifically listed above shall be considered an unpermitted use unless determined by the Director of Community and Economic Development to be similar to a listed permitted use in that zone and consistent with the purpose of the commercial zone classifications.

   (B)   Marijuana-related uses and/or activities, as that term is defined in § 15.04.040 shall be prohibited in all commercial zone classifications.

(Ord. 2982, passed - -2001; Ord. 3022, passed - -2002; Ord. 3066, passed - -2005; Ord. 3113, passed - -2008; Ord. 3144, passed - -2010; Ord. 3189, passed - -2013; Ord. 3232, passed - -2016; Ord. 3252, passed - -2017)

   (A)   The following uses are permitted in the O-P Zoning District:

      (1)   Automotive wholesaler or broker with no car display;

      (2)   Communication facility, non- commercial subject to § 15.55.020(C);

      (3)   Copy shop, retail;

      (4)   Financial institution;

      (5)   Fitness facility, small;

      (6)   Internet or cyber café, including computer lounge or Internet arcade subject to § 15.30.040(H);

      (7)   Office, general;

      (8)   Office, medical;

      (9)   Personal services facilities (includes barbershops, beauty shops and the like);

      (10)   Recycling facility; reverse vending subject to § 15.30.090(A);

      (11)   Satellite dish antennae;

      (12)   Special event subject to Chapter 15.58;

      (13)   Temporary commercial use subject to § 15.55.020(D); and

      (14)   Tutoring center.

   (B)   The following uses are permitted in the O-P Zoning District subject to the approval of a conditional use permit (CUP) pursuant to Chapter 15.70:

      (1)   Car rental agency;

      (2)   Childcare center;

      (3)   Fitness facility;

      (4)   Health facility (24-hour care);

      (5)   Heliport;

      (6)   Human service agency;

      (7)   Large group home subject to § 15.55.030(G);

      (8)   Mortuary;

      (9)   Parking lot (exclusive use) or parking structure;

      (10)   Pharmacy;

      (11)   Religious institution subject to § 15.55.030(D);

      (12)   Residential care facility for the elderly subject to § 15.55.030(G);

      (13)   Restaurant, with or without on-site alcohol sales or entertainment;

      (14)   Retirement Complex Types III, IV, V and VI subject to § 15.55.030(H);

      (15)   School, private subject to § 15.55.030(D); and

      (16)   Social service facility subject to § 15.55.030(B).

   (C)   The following uses are permitted in the O-P Zoning District subject to the approval of a minor site plan (MSP) pursuant to Chapter 15.47:

      (1)   Communication facility, commercial subject to § 15.55.020(B); and

      (2)   School, trade/vocational school.

(Ord. 2982, passed - -2001; Ord. 3022, passed - -2002; Ord. 3066, passed - -2005; Ord. 3113, passed - -2008; Ord. 3144, passed - -2010; Ord. 3189, passed - -2013; Ord. 3232, passed - -2016; Ord. 3270, passed - -2019)

   (A)   The following uses are permitted in the G-C Zoning District:

      (1)   Retail and service uses (subject to further conditions for those listed below);

      (2)   Automotive wholesaler or broker with no car display;

      (3)   Club or lodge, without living quarters;

      (4)   Communication facility, non- commercial, subject to § 15.55.020(C);

      (5)   Copy shop, retail;

      (6)   Financial institution;

      (7)   Fitness facility, small;

      (8)   Furniture upholstery shop;

      (9)   Home improvement center; hardware store;

      (10)   Internet or cyber café, including computer lounge or Internet arcade, subject to § 15.30.040(H);

      (11)   Nursery;

      (12)   Office, general;

      (13)   Office, medical;

      (14)   Personal service facilities (includes barbershops, beauty shops and the like);

      (15)   Pharmacy;

      (16)   Poolroom, subject to Chapter 3.54;

      (17)   Public amusement room, subject to Chapter 3.54;

      (18)   Recycling facility: Reverse vending, subject to § 15.30.090(A);

      (19)   Restaurant, without on-site alcohol sales or entertainment;

      (20)   Satellite dish antennae, subject to 15.55.020(C);

      (21)   Special event, subject to Chapter 15.58;

      (22)   Studio;

      (23)   Tattoo parlor, subject to § 15.55.020(E);

      (24)   Temporary commercial use, subject to § 15.55.020(D);

      (25)   Theater, live and movie, excluding drive-in theaters and adult uses; and

      (26)   Tutoring center.

   (B)   The following uses are permitted in the G-C Zoning District, subject to the approval of a conditional use permit (CUP) pursuant to Chapter 15.70:

      (1)   Agriculture;

      (2)   Animal hospital;

      (3)   Automobile service station, subject to § 15.30.040(D);

      (4)   Automotive parts, including installation;

      (5)   Automotive (including motorcycle, boat, trailer and equipment) storage, service or repair;

      (6)   Automotive (including automobile “single or multiple car display” dealer, boat, motorcycle, trailer and equipment) sales, subject to § 15.30.040(F);

      (7)   Bar, including tavern and cocktail lounge, subject to Chapter 15.31;

      (8)   Bed and breakfast inn, subject to § 15.55.030(A);

      (9)   Car rental agency;

      (10)   Car wash, subject to § 15.30.040(D);

      (11)   Caretaker’s unit, subject to § 15.55.030(B);

      (12)   Childcare center, subject to § 15.55.030(E);

      (13)   Fitness facility;

      (14)   Fortuneteller;

      (15)   Health facility;

      (16)   Hotel, subject to § 15.55.030(F);

      (17)   Human service agency;

      (18)   Karaoke bar or nightclub, subject to Chapter 15.31;

      (19)   Large group home, subject to § 15.55.030(G);

      (20)   Massage establishment, subject to Chapter 3.24;

      (21)   Mortuary;

      (22)   Motel, subject to § 15.55.030(F);

      (23)   Parking lot (exclusive use) or parking structure;

      (24)   Pawnshop;

      (25)   Reception hall, banquet facility, dance hall or related use, subject to Chapter 15.31;

      (26)   Recreation, commercial;

      (27)   Recycling facility; large collection, subject to § 15.30.090(C);

      (28)   Religious institution, subject to § 15.55.030(D);

      (29)   Residential care facility for the elderly, subject to § 15.55.030(G);

      (30)   Restaurant with on-site alcohol sales and entertainment, subject to Chapter 15.31;

      (31)   Retirement complex Types III, IV, V and VI, subject to § 15.55.030(H);

      (32)   School, private, subject to § 15.55.030(D);

      (33)   Single room occupancy (SRO) residential hotel, subject to § 15.30.080; and

      (34)   Social service facility, subject to § 15.55.030(D).

   (C)   The following uses are permitted in the G-C Zoning District, subject to the approval of a minor site plan (MSP) pursuant to Chapter 15.47:

      (1)   Communication facility, commercial, subject to § 15.55.020(B);

      (2)   Recycling facility: small collection, subject to § 15.30.090(B); and

      (3)   School, trade/vocational school.

   (D)   The following uses are permitted in the G-C Zone, subject to the approval of an administrative restaurant use permit:

      (1)   Restaurant with on-site alcohol sales;

      (2)   Restaurant with entertainment, with no on-site alcohol sales, subject to the approval of an entertainment permit; and

      (3)   Micro-brewery, with tasting room(s), or tap room(s) not exceeding 1,000 square feet of indoor area.

(Ord. 2982, passed - -2001; Ord. 3022, passed - -2002; Ord. 3066, passed - -2005; Ord. 3113, passed - -2008; Ord. 3144, passed - -2010; Ord. 3189, passed - -2013; Ord. 3232, passed - -2016; Ord. 3270, passed - -2019)

   (A)   The following uses are permitted in the C-3 zoning district:

      (1)   Retail and service uses (subject to further conditions for those listed below);

      (2)   Automotive wholesaler or broker with no car display;

      (3)   Car rental agency with less than ten vehicles;

      (4)   Club or lodge without living quarters;

      (5)   Communication facility, noncommercial subject to § 15.55.020(C);

      (6)   Copy shop, retail;

      (7)   Dwelling units, as part of a mixed-use development subject to § 15.30.040(E);

      (8)   Financial institution;

      (9)   Fitness facility, small;

      (10)   Furniture upholstery shop;

      (11)   Home improvement center; hardware store;

      (12)   Internet or cybercafe, including computer lounge or internet arcade subject to § 15.30.040(H);

      (13)   Low barrier navigation center subject to § 15.55.020(G);

      (14)   Massage establishment subject to Chapter 3.24;

      (15)   Office, general;

      (16)   Office, medical;

      (17)   Personal service facilities (includes barbershops, beauty shops, etc.);

      (18)   Pharmacy;

      (19)   Poolroom subject to Chapter 3.54;

      (20)   Public amusement room subject to Chapter 3.54;

      (21)   Public parking area;

      (22)   Recycling facility: Reverse vending subject to § 15.30.090(A);

      (23)   Restaurant, without on-site alcohol sales or entertainment;

      (24)   Satellite dish antennae subject to § 15.55.020(C);

      (25)   Special event subject to § 15.55.020(D);

      (26)   Studio;

      (27)   Supportive housing development up to 50 units subject to § 15.30.040(H);

      (28)   Tattoo parlor subject to § 15.55.020(E);

      (29)   Temporary commercial use subject to § 15.55.020(D);

      (30)   Theater, live and movie, excluding drive-in theaters and adult uses; and

      (31)   Tutoring center.

   (B)   The following uses are permitted, subject to the approval of a conditional use permit (CUP) pursuant to Chapter 15.70:

      (1)   Agriculture;

      (2)   Animal hospital;

      (3)   Automobile service station, subject to § 15.30.040(D);

      (4)   Automotive parts, including installation;

      (5)   Automotive (including automobile “single or multiple car display” dealer, boat, motorcycle, trailer and equipment) sales, subject to § 5.30.040(F);

      (6)   Bar, including tavern and cocktail lounge, subject to Chapter 15.31;

      (7)   Bed and breakfast inn, subject to § 15.55.030(A);

      (8)   Car rental agency with more than ten vehicles;

      (9)   Fitness facility;

      (10)   Fortuneteller;

      (11)   Hotel, subject to § 15.55.030(F);

      (12)   Karaoke bar or nightclub, subject to Chapter 15.31;

      (13)   Mortuary;

      (14)   Motel, subject to § 15.55.030(F);

      (15)   Parking lot (exclusive use) or parking structure;

      (16)   Pawnshop;

      (17)   Reception hall, banquet facility, dance hall or related use, subject to Chapter 15.31;

      (18)   Recreation, commercial;

      (19)   Religious institution, subject to § 15.55.030(D);

      (20)   Residential care facility for the elderly, subject to § 15.55.030(G);

      (21)   Restaurant with entertainment and on-site alcohol sales, subject to Chapter 15.31;

      (22)   School, private, subject to § 15.55.030(D);

      (23)   Single room occupancy (SRO) residential hotel, subject to § 15.30.080; and

      (24)   Social service facility, subject to § 15.55.030(D).

   (C)   The following uses are permitted in the C-3 Zoning District, subject to the approval of a minor site plan (MSP) pursuant to Chapter 15.47:

      (1)   Communication facility, commercial, subject to § 15.55.020(B);

      (2)   Recycling facility, small collection, subject to § 15.30.090(B); and

      (3)   School, trade/vocational school.

   (D)   The following uses are permitted in the C-3 Zone, subject to the approval of an administrative restaurant use permit:

      (1)   Restaurant with on-site alcohol sales;

      (2)   Restaurant with entertainment, with no on-site alcohol sales, subject to the approval of an entertainment permit; and

      (3)   Micro-brewery, with tasting room(s), or tap room(s) not to exceed a total of 1,000 square feet of indoor area.

(Ord. 2982, passed - -2001; Ord. 3022, passed - -2002; Ord. 3066, passed - -2005; Ord. 3113, passed - -2008; Ord. 3144, passed - -2010; Ord. 3189, passed - -2013; Ord. 3232, passed - -2016; Ord. 3270, passed - -2019; Ord. 3340, passed - -2025)

   (A)   The following uses are permitted in the C-M Zoning District:

      (1)   Automotive parts, including installation;

      (2)   Automotive wholesaler or broker with no car display;

      (3)   Car rental agency with ten or less vehicles;

      (4)   Communication facility, non- commercial, subject to § 15.55.020(C);

      (5)   Copy shop, retail;

      (6)   Copy shop, industrial;

      (7)   Emergency shelter for homeless, subject to Chapter 15.42;

      (8)   Furniture refinishing shop;

      (9)   Furniture upholstery shop;

      (10)   Fitness facility, small;

      (11)   Home improvement center; hardware store;

      (12)   Interior designer office, including showroom and sales;

      (13)   Internet or cyber café, including computer lounge or Internet arcade, subject to § 15.30.040(H);

      (14)   Manufacturing, processing, assembling of materials and products along with offices and storage incidental thereto as well as sales and repairs of products manufactured and materials directly related thereto;

      (15)   Massage establishment, subject to Chapter 3.24;

      (16)   Micro-brewery, with tasting room(s), or tap room(s) not to exceed a total of 1,000 square feet of indoor area, subject to the approval of an administrative restaurant use permit;

      (17)   Multi-service center for homeless, subject to Chapter 15.42;

      (18)   Personal service facilities (includes barbershops, beauty shops and the like);

      (19)   (Reserved);

      (20)   Poolroom, subject to Chapter 3.54;

      (21)   Public amusement room, subject to Chapter 3.54;

      (22)   Recording studio;

      (23)   Recycling facility: reverse vending, subject to § 15.30.090(A);

      (24)   Restaurant, with on-site alcohol sales, subject to Chapter 15.31 and 15.71;

      (25)   Satellite dish antennae, subject to § 15.55.020(C);

      (26)   Special event, subject to Chapter 15.58;

      (27)   Studio;

      (28)   Tattoo parlor, subject to § 15.55.020(E);

      (29)   Temporary commercial use, subject to § 15.55.020(D); and

      (30)   Tutoring center.

   (B)   The following uses are permitted in the C-M Zoning District, subject to the approval of a conditional use permit (CUP) pursuant to Chapter 15.70:

      (1)   Adult use, subject to Chapter 7.95;

      (2)   Agriculture;

      (3)   Automotive, including automobile (single or multiple car display: dealer, boat, motorcycle, trailer and equipment) sales, subject to § 15.30.040(F);

      (4)   Car rental agency with ten or more vehicles;

      (5)   Caretaker’s unit, subject to § 15.55.030(B);

      (6)   Financial institution;

      (7)   Fitness facility;

      (8)   Human service agency;

      (9)   Mortuary;

      (10)   Office, general;

      (11)   Office, medical;

      (12)   Parking lot (exclusive use) or parking structure;

      (13)   Pawnshop;

      (14)   Reception hall, banquet facility, dance hall or related use, subject to Chapter 15.31;

      (15)   Recycling facility, large collection, subject to § 15.30.090(C);

      (16)   Recycling facility, light processing, subject to § 15.30.090(D);

      (17)   Religious institution, subject to § 15.55.030(D);

      (18)   Residential care facility for the elderly, subject to § 15.55.030(G);

      (19)   School, private, subject to § 15.30.040(F);

      (20)   Self service storage facility, subject to § 15.30.040(F); and

      (21)   Swimming pools, sales and service.

   (C)   The following uses are permitted in the C-M Zoning District, subject to the approval of a minor site plan (MSP) pursuant to Chapter 15.47:

      (1)   Communication facility, commercial, subject to § 15.55.020(B); and

      (2)   School, trade/vocational school.

(Ord. 2982, passed - -2001; Ord. 3022, passed - -2002; Ord. 3066, passed - -2005; Ord. 3113, passed - -2008; Ord. 3144, passed - -2010; Ord. 3189, passed - -2013; Ord. 3232, passed - -2016; Ord. 3270, passed - -2019)

   The Central Business District is defined as an area bounded by Malden Avenue on the west, Brea Channel and Ellis Place on the north, Pomona Avenue on the east, and Commonwealth Avenue (between Harbor Boulevard and Pomona Avenue) and the railroad right-of-way (between Harbor Boulevard and Malden Avenue) on the south. The following uses are prohibited in the Central Business District:

   (A)   An adult use, as defined in § 7.95.010;

   (B)   Junk dealer and junk collector, as defined in § 3.52.040; and

   (C)   Rubbish collector, as defined in § 3.52.050.

(Ord. 2982, passed - -2001; Ord. 3026, passed - -2003; Ord. 3066, passed - -2005; Ord. 3160, passed - -2010)

   (A)   Generally. Retail businesses are those in which sales are made to the ultimate consumer for their own use. Sales to institutional, industrial, commercial, contractors and professional consumers will be considered as wholesale transactions. If retail and wholesale activities are intermingled, the activity deriving the majority of the total gross annual receipts will predominate and be used to determine the principal business classification.

   (B)   Prohibited. No manufacturing, processing, assembling or warehousing is permitted except as incidental to a retail sales or service activity, as determined by the Director of Community and Economic Development, and those uses listed for the C-M Zone.

   (C)   Permitted uses. In regard to a permitted use, all activities shall be conducted within a building enclosed on at least three sides, except that the following may be outdoors:

      (1)   Automotive and equipment sales and rentals;

      (2)   A car wash facility provided such a facility is enclosed on two sides;

      (3)   Coin-operated vending machines, provided such machines are within 30 feet of the entrance to a commercial structure, within three feet of a building and do not obstruct pedestrian or vehicular circulation;

      (4)   A display of patio furniture, lawnmowers, garden and landscaping equipment, children’s outdoor play equipment and portable and permanent type swimming pools, provided such equipment is not contained in boxes or crates;

      (5)   Enclosed metal tire racks with a total length of not more than 40 feet, provided such racks are no closer than 25 feet from any street line;

      (6)   Flower stands and nursery stock;

      (7)   Facilities to dispense gas, oil, air and water for automobiles;

      (8)   A recycling facility in accordance with § 15.30.080 of this chapter;

      (9)   Sales and consumption of food and beverages at restaurants;

      (10)   The display for sale, and the sale of, ceramics, including pottery and articles made of stone, marble, cement, plaster and similar materials;

      (11)   The outdoor display and sale of merchandise by merchants on their own premises for a period of five consecutive days in any 30-day period; and

      (12)   The outdoor storage of material products, supplies and containers, provided such storage is screened so it cannot be viewed from adjacent residential property or from a public right-of-way. See § 15.30.050(A)(1).

   (D)   Service station and car wash locations.

      (1)   Service station and car wash sites shall be located at the intersection of two arterial-width highways or at the intersection of a freeway or flood-control channel abutting a freeway and an arterial-width highway unless the service station or car wash is an accessory use and an integral part of the operation of a department store, membership warehouse, hotel or other similar facility.

      (2)   A service station and/or car wash site may be approved administratively by the Director of Community and Economic Development if it complies with the development standards for the zone in which it is located and will operate as an accessory use to a department store, membership warehouse, hotel or other similar facility and will not be detrimental to the public health, safety or welfare.

   (E)   Mixed-use development (commercial/ residential). Proposals to create new dwelling units as part of a mixed-use development will be subject to the following review procedures.

      (1)   No discretionary approval will be required if the development involves only the conversion of existing building area and the number of units is less than seven;

      (2)   Approval of a minor site plan or minor development project will be required if the proposal involves new building area on the property and the number of units is less than seven;

      (3)   Approval of a major site plan or major development project will be required if the proposal involves the creation by new construction or conversion of existing building area of seven or more dwelling units on the property.

      (4)   Development standards for dwelling units within a mixed-use development shall include, but not be limited to, the following.

         (a)   Parking facilities shall be provided at the rate of that specified in the R-5 Zone by type of residential unit.

         (b)   Open space shall be provided at the rate of that specified in the R-5 Zone by type of residential unit, if the proposal involves new construction to create the residential use. If the proposal only involves the conversion of existing building area to create the residential use, the requirement for open space may be waived.

         (c)   The noise standards as specified in § 15.17.040(H) of this title shall be satisfied.

      (5)   When a mixed-use proposal includes affordable housing for which a developer seeks a density bonus and/or development incentive(s)/ concession(s), § 15.17.120 of this title applies.

   (F)   Automotive (including automobile “single or multiple car display” dealer, boat, motorcycle, trailer and equipment) sales. Proposals to create new, expand or substantially remodel existing automobile dealerships will be subject to the following review procedures.

      (1)   All automobile dealerships shall comply with the development standards for the commercial zone in which it is located and additional development standards for automobile dealerships.

      (2)   Development standards for automobile dealerships include, but are not limited to, the following the conformity to which will be considered in review of the request:

         (a)   Parking and vehicle storage. The minimum required off-street parking spaces shall be provided as follows in addition to the area used for the exterior display of vehicles.

 

 

         (b)   Landscaping. Except for driveways and walkways used for street access, all required street setback areas shall be landscaped to a depth of ten feet. A reduction to five feet will be considered based on existing conditions, site constraints and surrounding land uses.

         (c)   Lighting. All outdoor lighting shall be shielded and directed away from surrounding uses residential uses. Such lighting shall not exceed one-half foot-candles of illumination beyond the property line of the automotive dealership.

         (d)   Loading and unloading of vehicles. Loading and unloading shall occur on private property either on or off-site and shall not block the ingress or egress of any property. Loading and unloading occurring on any public street will require approval from the Public Works Department. The dealership operator shall be responsible and liable for any activities of a common carrier, operator or other person controlling such loading or unloading activities to the extent any such activities violate the provisions of this division (F)(2).

         (e)   Repair of vehicles. Vehicle repair is permitted as accessory use to the automotive dealership shall only occur in a building enclosed on at least three sides. The service bay entrance shall not face an adjacent residentially zoned property. Screening from surrounding properties or public rights-of-way shall be provided for vehicles awaiting body repair work. The noise generated by the repair operations as measured from an adjacent residentially zoned property shall comply with § 15.90.030.

         (f)   Queuing of vehicles. An adequate on-site queuing area for service customers shall be provided. On-site driveways may be used for queuing, but may not interfere with access to required parking spaces. Required parking spaces may not double as queuing spaces.

         (g)   Test driving. Test driving shall not be done on residential streets or alleys.

         (h)   Control of alley traffic. Automobile dealerships abutting a public alley shall minimize dangers to pedestrians and neighboring vehicle operations.

         (i)   Circulation. The location of entries and exits from dealerships shall be located as far away from adjacent residential properties as is reasonably feasible, shall be directed to commercial streets and away from residential areas by means of signage and design, and shall be approved by the Public Works Department. The interior circulation system between levels shall be internal to the building and shall not require use of public ways or of externally visible or uncovered ramps, driveways or parking area. Approval for proposed circulation shall meet or exceed the minimum widths required from the Development Services and Fire Departments.

         (j)   Noise. There shall be no outdoor loudspeakers. The noise from interior loudspeakers as measured from an adjacent residentially zoned property shall comply with § 15.90.030.

         (k)   Hours of operation. If the automobile dealership is within 100 feet of a residentially zoned property, operation of the dealer- ship, including service and loading and unloading operations, shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m.

         (l)   Signage. Signage shall comply with Chapter 15.49.

         (m)   Additional requirements. No high profile vehicles shall be parked within 20 feet of residentially zoned property.

   (G)   Internet or cyber café, computer lounge or Internet arcade.

      (1)   Notwithstanding other provisions contained in this chapter, development standards for an establishment that provides more than six computers and/or other electronic devices, for access to that system commonly referred to as the “Internet” for uses, including, but not limited to, computer gaming, e-mail or access to other computer software programs, to the public for compensation and/or for public access shall include, but not be limited to, the following.

         (a)   Hour of operations shall be posted at the entrance.

         (b)   Minors may not enter or remain on the premises during the business hours of 8:30 a.m. to 2:00 p.m. on regular school days.

         (c)   Alcohol sales and consumption shall be prohibited.

         (d)   “No Loitering” signs shall be posted.

         (e)   Employees shall be at least 18 years of age.

         (f)   The use of adult-oriented Internet sites shall be prohibited unless the business has an adult business permit.

         (g)   No Internet/cyber café shall be maintained or operated unless all portions of the interior of such business, except the restrooms thereof, are plainly visible from the outside of the building through unobstructed windows or glass doors. All windows and glass doors that provide a view of the interior of the premises shall remain unobstructed at all times. No window tints, blinds or curtains shall be permitted.

         (h)   All computer terminal/station dividers shall not exceed 43 inches in height.

         (i)   Parking requirement: one per 50 square feet of computer workstations designated for consumer use.

      (2)   The following documents are required of the applicant to assist the planning and building staff in determining if the proposal meets the guidelines stated above:

         (a)   A site plan showing the building structure and parking layout;

         (b)   A complete floor plan showing an overview of the computer terminals/stations; and

         (c)   A front side elevation of the building showing the location/size of windows and entryway.

      (1)   Supportive housing developments of up to 50 units that comply with the following standards may be established without a use permit or discretionary review:

         (a)   Units within the development are subject to a recorded affordability restriction for 55 years.

         (b)   One hundred percent of the units, excluding managers' units, within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians. For purposes of this paragraph, "lower income households" has the same meaning as defined in Cal. Health and Safety Code § 50079.5.

         (c)   At least 25% of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100% of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.

         (d)   The developer provides the planning agency with the information required by Cal. Gov’t Code § 65652.

         (e)   Nonresidential floor area shall be used for onsite supportive services and administrative office space in the following amounts:

            1.   For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services.

            2.   For a development with more than 20 units, at least 3% of the total floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

            3.   The total floor area dedicated to administrative office space shall not exceed 25% of total floor area.

         (f)   The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in Cal. Gov’t Code § 65915(c)(3).

         (g)   Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

         (h)   Supportive housing developments in commercial zones are subject to §§ 15.30.050 and 15.30.060. No minimum parking is required if the proposed development is located within one-half mile of a public transit stop.

      (2)   The developer of supportive housing developments up to 50 units in the commercial zone shall provide:

         (a)   The name of the proposed entity or entities that will provide supportive services.

         (b)   The proposed funding source or sources for the provided onsite supportive services.

         (c)   Proposed staffing levels.

      (3)   The process to review supportive housing compliance with § 15.30.040(H) is as follows: The city shall notify developer whether the application is complete within 30 days of receipt of an application to develop supportive housing in accordance with § 15.30.040(H). The city shall complete its review of the application within 60 days after the application is complete for a project with 50 or fewer units.

(Ord. 2982, passed - -2001; Ord. 3026, passed - -2003; Ord. 3066, passed - -2005; Ord. 3113, passed - -2008; Ord. 3160, passed - -2010; Ord. 3195, passed - -2013; Ord. 3232, passed - -2016; Ord. 3270, passed - -2019; Ord. 3340, passed - -2025)

   Proposed construction in any commercial zone is subject to review as a site plan pursuant to Chapter 15.47 of this title.

(Ord. 3131, passed - -2009; Ord. 3232, passed - -2016)

   (A)   General development standards.

      (1)   Any area used for storage of trash or equipment, and all loading and repair areas, except within service bays, shall be screened from all public streets and residential property by a six-foot decorative masonry wall, architectural feature or by equivalent landscaping.

      (2)   All lighting shall be designed and located so as to confine direct rays to the premises.

      (3)   When a building is proposed over two or more lots, the lots shall be combined as prescribed in Title 16 of this code.

   (B)   Permitted building height.

      (1)   Any portion of a structure over ten feet in height shall be set back one foot for each foot over ten feet from any property with a residential zone classification. The building height at any given point shall be measured from the existing grade of the nearest property with the residential zone to the top of roof (see Figure 10).

      (2)   For property with a commercial zone that is not adjacent to or across a public alley from a property with a residential zone or located in a public parking district (see § 15.30.060(H)), the height of a building is unlimited. However, the building shall be subject to floor/area ratio requirements that can affect the permitted building height. (See division (E) below)

    (C)   Setbacks.

      (1)   Building setbacks are prescribed in Table 15.30.050(A). Fence and wall height and location restrictions are found in division (F) below.

      (2)   For properties zoned either G-C or C-3 in the Central Business District, the required ten-foot building setback along any public street may be waived, as provided by the city’s CBD design guidelines, adopted by City Council.

      (3)   For all other property outside the Central Business District, new building and/or parking areas shall be required to maintain a landscaped setback as specified in division (G) below, and a greater landscaped street setback may be required pursuant to the requirements of Chapter 15.46.

      (4)   In the O-P Zone, a two-story building without windows facing adjoining R-1 or R-1P property shall set back a minimum of 25 feet from the common property line. A two-story building with windows facing an abutting property with an R-1 or R-1P Zone shall set back a minimum of 50 feet from the common property line.

      (5)   Building walls are subject to Building Code requirements for a one-hour firewall when within ten feet of a property line.

 

      (6)   Setbacks from street lines as prescribed in this chapter for any commercial zone classification shall be satisfied when met by the provision of city parkway widths that are or will be landscaped in excess of the ultimate street right-of-way width as shown on the Circulation Element of the General Plan or as described in Title 16 of this code. In the case of variations between the two documents or in street widths that differ within short distances, the Director of Public Works shall make the determination as to the parkway width. Where the full setback is not satisfied, the setback may be reduced to the extent that the parkway width is exceeded.

      (7)   Height restrictions in setback and vision clearance areas are as follows.

         (a)   Buildings shall not exceed a height of three feet above natural grade in any setback area except as provided for in this division (C)(7).

         (b)   Trees, shrubs, flowers and plants of any height shall be permitted in any required side or rear setback area that is not within a vision clearance area as defined by division (C)(8) below. In front setbacks, when not within a vision clearance area as defined by division (C)(8) below, trees, shrubs and flowers of any height are permitted, but continuous hedges over three feet in height are not permitted.

         (c)   Within a vision clearance area as defined by division (C)(8) below, nothing may obstruct a clear view.

         (d)   See division (F) below for regulations on walls and fences.

      (8)   Vision clearance requirements are as follows.

         (a)   Where a common property line exists between commercial and residential property, no building wall, fence or landscaping over three feet in height shall be permitted in a triangular vision clearance area having one point at the intersection of the common property lines and the street line, one point seven and one-half feet along the street line toward the commercial property and one point seven and one-half feet along the common property line (see Figure 11).

         (b)   Where a driveway access exists on a commercial property, no building wall, fence or landscaping over three feet in height shall be permitted in triangular vision clearance areas on either side of driveway (see Figure 12). Each clearance area shall have one point at the intersection of the driveway and the street line, one point seven and one-half feet along the street line away from the driveway, and one point seven and one-half feet along the driveway line.

         (c)   In the case of a lot at the intersection of two streets, no building wall, fence or landscaping over three feet in height shall be permitted in triangular vision clearance area which is measured with one point at the intersection of the street lines (or their prolongations) and the other points located 15 feet from that point along each of the street lines, or as determined by the Director of Public Works.

   (D)   Permitted site coverage.

      (1)   Within the commercial zone classifications there is no maximum site coverage requirement.

      (2)   On a property with an office-professional (O-P) Zone, all buildings, including accessory buildings and structures and any area used to provide parking or vehicular access, shall not cover more than 75% of the lot or building site. In addition, see division (E) below for floor/area ratio restrictions.

      (3)   Within the commercial zone classifications, any area not covered by buildings or required paving shall be landscaped.

   (E)   Floor/area ratio (FAR) and requirement for a traffic study. All proposed new development or expansion of existing development, with the exception of low-traffic conditionally permitted residential uses such as residential care facilities for the elderly, retirement complexes and single-room occupancy (SRO) residential hotels, shall be subject to the floor/area ratio (FAR) restrictions contained in Table 15.30.050(B).

 

 

   (F)   Fences and walls. The height of walls, fences, hedges or guardrails on property with a commercial zone classification shall be in accordance with Table 15.30.050(C) except for the following.

      (1)   A private school or childcare center may install non-view-obscuring fence to a height of six feet within the required street setback area.

      (2)   For all other uses, a non-view-obscuring fence may be as high as six feet in a street setback area, subject to the approval of the Director of Development Services. In reviewing such applications, the Director of Development Services shall consider the proposed construction materials, compatibility with neighboring properties, vision clearance and other factors as necessary. The applicant may appeal the Director’s decision pursuant to Chapter 15.76 of this title.

 

 

   (G)   Landscaping requirements.

      (1)   All street setbacks shall be landscaped except for pedestrian and vehicular accessways, parking areas or other non-irrigated areas designed for non-development (e.g., existing native vegetation).

      (2)   All open parking areas (e.g., non-structured) shall be landscaped such that:

         (a)   Planters with a total landscaped area equaling a minimum of 25 square feet per parking space, or 8% of the square footage of the open parking area, whichever is greater, shall be provided and distributed throughout the open parking area; and

         (b)   Trees with a total shaded area (e.g., the area under the tree canopy or dripline 15 years after installation) equaling a minimum of 50% of the square footage of the open parking area shall be provided and distributed throughout the open parking area.

      (3)   Landscaping and irrigation shall be provided for landscaped areas pursuant to Chapter 15.50 for the following:

         (a)   Installation of new landscaped areas; or

         (b)   Rehabilitation of existing land-scaped areas where affected landscaped area is equal to or greater than 2,500 square feet; or

         (c)   Installation of a new landscape area or areas less than 2,500 square feet in aggregate may opt to comply instead with the prescriptive measures contained in Chapter 15.50, Appendix A; or

         (d)   New or rehabilitated projects using treated or untreated graywater or rainwater captured on-site, any lot or parcels within the project that has less than 2,500 square feet of landscape area and meets the lot or parcel’s landscape water requirement (estimated total water use) entirely with the treated or untreated graywater or through stored rainwater captured on-site is subject only to Chapter 15.50, Appendix A.

(Ord. 2982, passed - -2001; Ord. 3026, passed - -2003; Ord. 3066, passed - -2005; Ord. 3134, passed - -2009; Ord. 3226, passed - -2016; Ord. 3232, passed - -2016)

   (A)   Required parking.

      (1)   Any building in any commercial zone (other than an officially designated parking district, or a restaurant within the Restaurant Overlay District) which is constructed, reconstructed, structurally altered or subject to a change of occupancy or use shall be provided with permanently maintained, on-site automobile parking facilities as described in this section by Table 15.30.060(A), and in Chapter 15.56 of this title. Such parking facilities shall be made permanently available and maintained for parking purposes.

      (2)   Parking for persons with disabilities shall be provided in accordance with Title 24 of the State Building Code, including 24 C.C.R. Part 2, Chapter 11B, Division 4, §§ 11B-502.2 et seq., and shall count towards the provision of required parking.

   (B)   Stall size.

      (1)   A minimum of 70% of the required parking stalls shall have a minimum length and width of 19 feet and nine feet, respectively, except that any space adjacent to a wall shall have a minimum width of nine and one-half feet.

      (2)   Compact car stalls, of a size no smaller than 16 feet in length by eight feet in width, are permitted up to a maximum of 30% of the required spaces.

      (3)   Parking for persons with disabilities shall be provided in accordance with Title 24 of the State Building Code, including 24 C.C.R. Part 2, Chapter 11B, Division 4, §§ 11B-502.2 et seq.

 

   (C)   Location of parking.

      (1)   All required on-site parking spaces shall be located on the same lot or building site, except that such spaces may be permitted at other locations when and as authorized by a conditional use permit when and if authorized for restaurants within the Restaurant Overlay District, as set forth by Chapter 15.67.

      (2)   Parking shall not be located within any setback area.

      (3)   Required parking spaces may overhang two feet over landscaped areas and walkways, other than street rights-of-way, provided the total depth of any such landscaped area or walkway is at least six feet.

      (4)   All required parking spaces shall have separate access to a public street or alley.

      (5)   Each right angle parking space or angled parking space with an angle greater than 60 degrees having direct access to an abutting alley, 20 feet wide or less, shall be separated or set back from said alley right-of-way line by a minimum of five feet.

      (6)   Mechanical and automated parking devices may be used in any commercial zone classification provided the devices are enclosed within a building designed for such use. Such devices may be used outside of a building provided they are not visible from the street or from adjacent properties, subject to the approval of a site plan application pursuant to § 15.47.025 of this title.

   (D)   Mixed-use occupancies and joint use of parking.

      (1)   The total on-site parking spaces required on any property when more than one class of use is proposed (for either the same property or within the same occupancy) shall be equal to the sum of the spaces required in this title for each of such separate classes of use.

      (2)   A minor exception may be granted to reduce the required parking for mixed-use occupancies (i.e., a joint use of parking), based upon the submission of shared parking analysis, as defined in Chapter 15.04, and enforceable documents guaranteeing that the uses will be operating during mutually exclusive hours, and upon such other circumstances or criteria as the Planning Commission, or City Council on appeal, may require.

      (3)   The Planning Commission or City Council/Redevelopment Agency shall consider the following when evaluating joint use parking applications:

         (a)   The nature and location within the development of the proposed uses, as well as their size compared to that of the overall development;

         (b)   Assurances as to the non-overlapping nature of the non-retail and retail peak-activity periods;

         (c)   The provision of peak-hour parking beyond the property boundaries; and

         (d)   The location and adequacy of the parking in the particular portion of the development wherein joint use of parking is proposed.

   (E)   Parking requirement for change of use. In the case of a proposed change of use for an existing building where the parking does not meet current standards for the proposed use, so long as the proposed use is permitted by right in the zone, no expansion is being made to the building envelope and the property does not have any open code enforcement cases, no increase in parking will be required.

   (F)   Reduction in required parking. For those developments that must comply with § 15.30.100 of this chapter, the Planning Commission may, by conditional use permit, reduce the number of required carpool and vanpool parking spaces to a maximum of 30% of what would otherwise be required under § 15.30.060(G) of this chapter.

   (G)   Carpool/vanpool parking.

      (1)   A minimum of 10% of employee parking spaces, as defined below, shall be reserved (through signage or other means) for the exclusive use of carpools and vanpools. The spaces shall be located as close as practical to the entrance(s) of the use they are intended to serve.

      (2)   The total number of employee parking spaces for calculating the vanpool/carpool parking space requirement shall be determined by one of the following:

 

 

      (3)   Alternatively, the applicant, subject to the approval of the Director of Development Services, may provide the total number of employee spaces intended for each use in the project.

   (H)   Public parking districts.

      (1)   A public parking district may consist of an area or structure that provides parking spaces for use by the general public. Such an area or structure may satisfy the parking requirements for the uses on specified private property. Figure 19 shows the limits of Parking Districts #l and #2 in the Central Business District.

      (2)   A private property within a public parking district may not be improved with building area that exceeds two stories without the approval of a conditional use permit.

(Ord. 2982, passed - -2001; Ord. 3022, passed - -2002; Ord. 3066, passed - -2005; Ord. 3232, passed - -2016; Ord. 3254, passed - -2018)

   (A)   Access.

      (1)   All required parking spaces shall have separate access to a public street or alley.

      (2)   An adequate driveway “throat” shall be provided from the public street, unencumbered by parking spaces, turnaround areas or control gates, subject to the approval of the Director of Public Works.

   (B)   Driveway and drive aisle standards.

      (1)   One-way and two-way driveways and drive aisles: Additional requirements shall have a minimum width in accordance with Tables 15.30.70(A) and (B) and Figures 14 and 15.

      (2)   Driveways and/or turnaround aisles serving ten or more parking spaces shall not be dead-ended unless a turnaround or back-up area is provided to the satisfaction of the Director of Development Services. Figure 13 represents the preferred layout for a turnaround area.

      (3)   Turnaround aisles shall be designed in accordance with Tables 15.30.070(A) and (B) and Figures 14 and 15, or otherwise required by the Director of Development Services.

 

(Ord. 2982, passed - -2001; Ord. 3066, passed - -2005)

   (A)   A request of a conditional use permit for a single room occupancy (SRO) residential hotel shall be reviewed for compliance with development and compatibility standards as listed below. Any conditional use permit approved for an SRO residential hotel shall be subject to Planning Commission review at a noticed public hearing at the end of one year and two years from the date of issuance of the certificate of occupancy to review compliance with conditions of approval and to evaluate continuing impacts on and interaction with surrounding land uses during the review period.

   (B)   Development standards for SRO residential hotels and units shall include, but not be limited to, the following.

      (1)   All SRO residential hotels shall submit a complete management plan for approval by the Director of Development Services which will include at a minimum provisions for: staffing, equal access to housing, internal security, vehicle security, 24-hour on-site resident management, tenant selection, rights and residency rules, rental rates, security deposits, eviction procedures, business financial statements and operations reports. Approval of the management plan must occur before the issuance of building permits and will be a condition of approval attached to any approved project.

      (2)   All SRO residential hotels will have access to public transportation near their main entrance.

      (3)   Interior common area will be provided at a rate of ten square feet/unit, with a 200-square-foot minimum and no dimension less than ten feet.

      (4)   A storeroom/utility closet shall be provided on each floor for use by maintenance personnel and shall include a laundry tub/sink with hot and cold running water.

      (5)   Common bath and shower facilities shall be provided on each floor at a rate of one bath and shower for each eight units. Separate toilets for men and women shall be provided.

      (6)   Common laundry facilities shall be provided at a rate of one washer and one dryer per each 15 units.

      (7)   On-site parking facilities shall be provided at the rate of one-half-space per unit.

      (8)   Windows on the first four floors shall be fully operable.

      (9)   Structures shall be sprinklered, fully alarmed, hard wired and equipped with a central controller.

      (10)   A “Knox Box” shall be provided for emergency personnel access. A keypad shall also be provided.

      (11)   All SRO residential hotels shall comply with state and federal handicapped access require- ments as interpreted by the State Department of Housing and Community Development.

      (12)   A separate unit shall be provided for the on-site manager.

      (13)   A minimum five-foot setback shall be provided from all property lines to any window.

      (14)   Any change of occupancy of an SRO hotel away from the SRO use shall require the owner to request a conditional use permit for the new use.

      (15)   The minimum unit size for newly constructed units shall be 150 square feet. Units converted from other uses in existing structure shall have a minimum size of 120 square feet.

      (16)   The maximum unit occupancy for newly constructed units shall be two for units with an area of 150 square feet and more; occupancy shall be limited to one for units 149 square feet and less.

      (17)   Individual storage and closet space shall be provided in each unit.

      (18)   Partial kitchen facilities shall be provided in each unit and shall include a refrigerator, microwave and a counter top.

      (19)   Partial sanitary facilities shall be provided in each unit and shall include a sink and a separate water closet enclosure.

      (20)   A desk area with a chair shall be provided in each unit for working/eating purposes.

(Ord. 2982, passed - -2001; Ord. 3066, passed - -2005)

   (A)   Reverse vending machines shall be subject to the following provisions:

      (1)   Their establishment is in conjunction with a commercial use that is in compliance with the Zoning, Building and Fire Codes of the city;

      (2)   Their placement is within 30 feet of the entrance to the commercial structure, within three feet of a building and shall not obstruct pedestrian or vehicular circulation;

      (3)   They do not occupy required parking spaces and they are not placed on the apron of the host facility when possible;

      (4)   They do not occupy no more than 50 square feet of floor space per installation, including any protective enclosure, they are no more than eight feet in height and they consist of no more than one set of machines per host facility (for the purpose of this division (A)(4), a SET is defined as three machines);

      (5)   They are constructed and maintained with durable waterproof and rustproof material;

      (6)   They are clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative;

      (7)   They have a maximum sign area of four square feet per machine, exclusive of operating instructions;

      (8)   They are maintained in a litter-free, dust-free condition on a daily basis;

      (9)   They do not have a noise level that exceeds State Occupational Safety and Health Association standards or the noise ordinance of the city;

      (10)   Their operating hours are at least the operating hours of the host use; and

      (11)   They are illuminated to ensure safe operations if operating hours are between dusk and dawn.

   (B)   A small collection facility shall be subject to the following provisions.

      (1)   Its establishment is in conjunction with an existing commercial use which is in compliance with the Zoning, Building and Fire Codes of the city and is a certified recycling center, as defined herein.

      (2)   It is no larger than 500 square feet and occupies no more than five parking spaces, not including space that will be periodically needed for removal of materials or exchange of containers. The use of parking space by the facility and by the attendant may not reduce available parking spaces unless one of the following two conditions are met.

         (a)   There exists available parking in excess of that required by this code. The number of parking spaces occupied by the small collection facility may not exceed the number of parking spaces available.

         (b)   A parking/circulation study shows that existing parking capacity is not already fully utilized and the circulation system will not be impacted.

      (3)   If one of the above two conditions exist, then a reduction in parking spaces in an established parking facility may be allowed, in relation to the total number of parking spaces available at the site, as follows.

 

 

      (4)   It is set back at least ten feet from any street line or building and does not obstruct pedestrian or vehicular circulation.

      (5)   It accepts only glass bottles, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with permission of the local public health agency.

      (6)   It does not use power-driven processing equipment except for bulk reverse vending machines.

      (7)   It uses containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material and has a capacity sufficient to accommodate materials collected and collection schedule.

      (8)   It stores all recyclable material in containers or in the mobile center vehicle and does not leave materials outside of containers.

      (9)   It is maintained free of litter and any other undesirable materials and is swept at the end of each collection day.

      (10)   It does not exceed a noise level of 55 dBA as measured at the property line of residentially zoned or occupied property, or otherwise, the noise level does not exceed 70 dBA.

      (11)   An attended facility operates only during the hours of operation of the host use; and a facility located within 100 feet of a property zoned or occupied for residential use operates only during the hours between 7:00 a.m. and 9:00 p.m. The pick-up and drop-off of containers is conducted only between the hours of 7:00 a.m. to 9:00 p.m.

      (12)   The containers for the 20-hour donation of materials shall be least 30 feet from any property zoned or occupied for residential uses unless there is a recognized service corridor and acoustical shielding between the containers and the residential use. The pick-up and drop-off of materials is only conducted between the hours of 7:00 a.m. to 9:00 p.m.

      (13)   The containers are clearly marked to identify the type of material that may be deposited; the facility is clearly marked to identify the name and telephone number of the operator and the hours of operation; and the facility displays a notice stating that no material may be left outside the recycling enclosure or containers.

      (14)   Signs may be provided as follows.

         (a)   Recycling centers may have identification signs with a maximum of 20% per side or 16 square feet, whichever is smaller, in addition to required informational signs.

         (b)   Signs must be consistent with the character of the location.

         (c)   Directional signs, bearing no advertising message, may be installed with the approval of the Director of Development Services if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.

      (15)   The facility does not impair the landscaping required for any concurrent use by this title or any permit issued pursuant thereto.

      (16)   No additional parking spaces are required for customers of a small collection facility located at the established parking lot of a host use. One space will be provided for the attendant, if needed.

      (17)   A mobile recycling center has an area clearly marked to prohibit other vehicular parking during hours when the mobile center is scheduled to be present.

   (C)   A large collection facility shall be subject to the following provisions:

      (1)   It does not abut a property zoned, planned or occupied for residential use and is at least 150 feet from property zoned, planned or occupied for residential use;

      (2)   It is screened from the public right-of-way by operating in an enclosed building or within an area enclosed by an opaque fence at least six feet in height. Said fence may not encroach into the required street setbacks;

      (3)   All exterior storage of material is in sturdy, nonflammable containers that are covered, secure and maintained in good condition. Baled or palletized material may also be stored. Oil storage must be in containers approved by the Deputy Chief. No storage may be visible above the height of the fencing;

      (4)   The site is maintained free of litter and any other undesirable materials and will be cleaned of loose debris on a daily basis;

      (5)   Space is provided on the site for six vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials;

      (6)   One parking space is provided for each commercial vehicle operated by the recycling center;

      (7)   One parking space is provided for each anticipated employee;

      (8)   The noise level does not exceed 55 dBA as measured at the property line with a residential zone classification or occupied property, or otherwise, the noise level does not exceed 70 dBA;

      (9)   If the facility is located within 500 feet of property zoned, planned or occupied for residential use, it may not be in operation between 9:00 p.m. and 7:00 a.m.;

      (10)   Any containers provided for after-hours donation of recyclable material are of sturdy, rustproof construction, have sufficient capacity to accommodate materials collected and is secured from unauthorized entry or removal of materials. Containers must be at least ten feet from any building;

      (11)   Donation areas are kept free of litter and any other undesirable material and the containers are clearly marked to identify the type of material that may be deposited; the facility must display a notice stating that no material shall be left outside the recycling containers;

      (12)   The facility is clearly marked with the name and telephone number of the operator and the hours of operation; identification and informational signs meet the standards of the zone; and directional signs, bearing no advertising message, may be installed with the approval of the Director of Development Services if necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way; and

      (13)   Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding or other light processing activities necessary for efficient temporary storage and shipment of material may be approved by conditional use permit or at the discretion of the Director of Development Services if noise and other conditions are met.

   (D)   A light processing facility shall be subject to the following provisions:

      (1)   It does not abut a property zoned or planned for residential use or is not located within 150 feet of a residential zone or use;

      (2)   Processors operate in an enclosed building except for incidental storage, or within an area enclosed on all sides by an opaque fence or wall not less than eight feet in height;

      (3)   Power-driven processing may be permitted provided all noise level requirements are met and processing is limited to baling, briquetting, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials;

      (4)   It is no larger than 4,500 square feet and does not have more than two outbound truck shipments of material per day and may not shred, compact or bale ferrous metals other than food and beverage containers;

      (5)   It may accept used motor oil for recycling from the generator in amounts no greater than 20 gallons per shipment, and the contents of any single container must not exceed five gallons, in accordance with Cal. Health and Safety Code § 25250.11;

      (6)   All exterior storage of material is in sturdy nonflammable containers that are covered, secured and maintained in good condition. Baled or palletized material may also be stored. Oil storage must be in containers approved by the Deputy Chief. No storage is visible above the height of the fence;

      (7)   The site is maintained free of litter and any other undesirable materials and is cleaned of loose debris on a daily basis and will be secured from unauthorized entry and removal of materials when attendants are not present;

      (8)   Space is provided on the site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, parking will be provided for a minimum of ten customers;

      (9)   One parking space is provided for each commercial vehicle operated by the processing center and one for each employee;

      (10)   The noise level does not exceed 55 dBA as measured at the property line of residentially zoned or occupied property, or otherwise, the noise level does not exceed 70 dBA;

      (11)   If the facility is located within 500 feet of property zoned, planned or occupied for residential use, it may not be in operation between 9:00 p.m. and 7:00 a.m. On-site personnel will administer the facility during the hours the center is open;

      (12)   Any containers provided for after-hours donation of recyclable materials are of sturdy, rustproof construction, have sufficient capacity to accommodate materials collected and are secure from unauthorized entry or removal of materials. Containers are at least ten feet from any building. The pick-up and drop-off of any containers are between the hours of 7:00 a.m. and 9:00 p.m.;

      (13)   Donation areas are kept free of litter and any other undesirable material. The containers are clearly marked to identify the type of material that may be deposited. The facility must display a notice stating that no material shall be left outside the recycling containers; and

      (14)   No dust, fumes, smoke, vibration or odor above ambient level may be detectable on neighboring properties.

(Ord. 2982, passed - -2001; Ord. 3066, passed - -2005)

   (A)   Applicability.

      (1)   This section shall apply to all new commercial development or major expansion of existing commercial development that are estimated to employ 100 or more persons as determined by the methodology in division (B) below.

      (2)   For purposes of determining whether a new development project is subject to this section, the total employment figure will be determined as follows:

         (a)   An employment projection developed by the applicant, subject to approval by the Director of Development Services.

         (b)   An employment projection using the following employee generation factors by type of use.

 

 

         (c)   The employment projection for a development of mixed or multiple uses shall be calculated on a case-by-case basis based upon the proportion of development devoted to each type of use.

   (B)   Facility standards.

      (1)   A minimum of 10% of parking spaces, located as close as is practical to the entrance(s) of the use they are intended to serve, shall be reserved and adequately signed for use of carpool and vanpool vehicles.

      (2)   Secure, adequate and convenient storage shall be provided for bicycles.

      (3)   Bus bays, bus stops and bus shelters shall be provided where appropriate.

      (4)   A commuter information area or multiple areas shall be provided within or near each building; the information area(s) shall be centrally located and accessible to all employees and tenants; information shall include, but not be limited to, current maps, routes and schedules for public transit.

      (5)   A shower and locker room facility for employees of each sex shall be provided in each building of 100,000 gross square feet or more. Any development containing a combined total of 100,000 gross square feet, but which does not contain any single building exceeding 100,000 gross square feet, shall provide shower and locker room facilities unless a finding is made that the provision of such facilities is not practical or efficient.

      (6)   Sidewalks or other paved pathways following direct and safe routes from the external pedestrian circulation system to each building in the development shall be provided.

   (C)   Monitoring. Periodic monitoring of the developments may occur to ensure full and continued implementation of the facility standards, as described in division (B) above.

(Ord. 2982, passed - -2001; Ord. 3066, passed - -2005)

   (A)   When an applicant for a commercial development has entered into an agreement for partnered housing as described in division (B) below, the city shall grant a development bonus to the commercial developer in accordance with Cal. Gov’t Code § 65915.7.

   (B)   The agreement for partnered housing shall be between the commercial developer and a housing developer. It shall identify how the commercial developer will contribute affordable housing, timelines for construction and the percentage of units for very-low or low-income households. The agreement shall be submitted to the city for review and approval.

   (C)   In order to qualify for a development bonus, the housing shall include at least 30% of the total units for low-income households, or at least 15% of the total units for very-low-income households.

   (D)   Housing shall be constructed either on the site of the commercial development, provided the site is zoned for mixed residential/commercial use and has a consistent general plan land use designation, or on a site that meets all of the following locational criteria:

      (1)   Within the city limits;

      (2)   In close proximity to public amenities, including schools and employment centers;

      (3)   Within one-half mile of a major transit stop, as defined in Cal. Public Resources Code § 21155(b); and

      (4)   Site is zoned for residential use.

   (E)   The development bonus granted to the commercial developer shall mean incentives, mutually agreed upon by the developer and the jurisdiction, that may include, but are not limited to, any of the following:

      (1)   Up to a 20% increase in maximum allowable intensity in the General Plan;

      (2)   Up to a 20% increase in maximum allowable floor area ratio;

      (3)   Up to a 20% increase in maximum height requirements;

      (4)   Up to a 20% reduction in minimum parking requirements;

      (5)   Use of a limited-use/limited-application elevator for upper floor accessibility; and

      (6)   An exception to a Zoning Ordinance or other land use regulation.

   (F)   A development bonus shall be considered and granted in accordance with provisions of Cal. Gov’t Code § 65915.7.

   (G)   If the commercial development is completed prior to the completion of the affordable housing, the city shall withhold granting a certificate of occupancy for the commercial development until completion of construction of the affordable units.

   (H)   This section shall expire on January 1, 2028, concurrent with repeal of provisions under Cal. Gov’t Code § 65915.7.

(Ord. 3248, passed - -2017)