Hawthorne City Zoning Code
CHAPTER 17
29 CM-MIXED COMMERCIAL CLASSIFICATION
§ 17.29.010 Purpose.
The principal purpose and objective of this classification and its application is: (A) to provide for an integration of compatible residential and commercial uses; (B) to encourage mixed use projects that combine residential and non-residential uses in the same building to enhance and build upon the city's commercial/retail base; (C) to ensure additional housing options for people, including, but not limited to, young professionals and older people, who want to live near their workplace and/or retail and other nonresidential uses; (D) to reduce the need for automobile travel by promoting transit-oriented residential and commercial uses in close proximity to Metro stops; (E) to ensure on-site compatibility of residential and commercial uses; (F) to ensure compatibility of mixed use projects with surrounding uses and development patterns; and (G) to ensure that mixed use projects are well-designed and function safely and properly.
(Ord. 2118 § 7, 2016; Ord. 2155 § 3, 2018; Ord. 2225 § 2, 2021)
§ 17.29.020 Permitted uses.
In the CM classification, the following uses only are permitted and as hereinafter specifically provided and allowed by this chapter, subject to the general provisions, conditions and exceptions set forth elsewhere in this title:
• | Accessory dwelling units and junior accessory dwelling units (in mixed-use only); |
• | Art galleries; |
• | Cannabis businesses, subject to all of the provisions of Chapter 17.90; |
• | Financial services, including banks, credit unions, investment brokers, asset managers, and not including pawn shops and short-term lending (payday loans) businesses; |
• | Hotels, subject to the application process stipulated in Section 17.29.050; |
• | Low barrier navigation center, subject to compliance with Section 17.101.030. |
• | Offices, professional and medical, provided that a conditional use permit is required for offices located on the ground floor; |
• | Residential care facility, small, subject only to those restrictions that apply to other residential uses of the same type in this zone; |
• | Residential care facility, large, subject to a conditional use permit and compliance with Section 17.101.020; |
• | Residential units, subject to a conditional use permit and compliance with all the requirements contained in Section 17.29.050 and the limitations in this chapter and only permitted as a component of a mixed use project when fronting an arterial or collector street; |
• | Restaurants, bars, cocktail lounges, and coffee shops, all types (alcohol sales and drive-thru require conditional use permit); |
• | Retail businesses, including grocers, convenience stores, and stores featuring large or small item indoor display areas; |
• | Service businesses, including personal cosmetic services, dry cleaning, real estate, insurance, and package/mail business; |
• | Short-term rentals in legal non-conforming structures, subject to Chapter 17.74, except that vacation rentals shall not be permitted; |
• | Single-room occupancy, subject to a conditional use permit and compliance with Section 17.101.040; |
• | Studios, including for fitness, martial arts, dance, art, media production, etc.; |
• | Supportive housing, subject only to those restrictions that apply to other residential uses of the same type in this zone; |
• | Transitional housing, subject only to those restrictions that apply to other residential uses of the same type in this zone; |
• | Other similar establishments when not specified as prohibited below and subject to interpretation of the Director of Planning pursuant to procedures within this title. |
(Ord. 2118 § 7, 2016; Ord. 2155 § 3, 2018; Ord. 2198 § 9, 2020; Ord. 2205 § 4, 2020; Ord. 2237 § 10, 2023; Ord. 2240, 11/14/2023)
§ 17.29.030 Prohibited uses.
In the CM classification, uses that are not expressly listed above are prohibited. For purposes of clarification, and not for purposes of allowing any other uses, the following uses are expressly prohibited in the CM classification:
• | Automobile-oriented businesses such as repair, sales, rental, smog check, body shops, window tinting, car stereo installation, car washes, and re-upholstery. A drive-thru is not prohibited where a conditional use permit is approved and automobile parts sales is not prohibited as a retail business; |
• | Bail bonds; |
• | Gas stations; |
• | Retail with outdoor display, such as automobile sales and rental; |
• | Self-storage; |
• | Short-term lending (payday loan services) and pawn shops. |
(Ord. 2118 § 7, 2016; Ord. 2148 § 7, 2017; Ord. 2155 § 3, 2018; Ord. 2237 § 11, 2023)
§ 17.29.040 Development standards.
The information that follows summarizes the development standards for the CM classification relating to site planning and schematic design.
A.
Project Area.
1.
The minimum lot area for a residential only development is one acre.
2.
Project area shall be calculated based on total horizontal area of consolidated parcels defined by the legal property lines. Gross project area shall include portions of property that may become dedicated for public improvements, such as street widening. Net project area shall exclude portions of property that are to be dedicated for public improvements.
B.
Density and Intensity.
C.
Setbacks.
2.
Setbacks shall be measured from the building face to the closer of the property line or the future property line after a dedication for public improvements.
3.
For structures abutting residential uses within a residential zone, an additional setback shall apply to abutting structure sides above the second story. The additional setback shall be five feet plus an additional two feet for each floor above the third, and shall apply to the entire portion of the structure above the second story abutting the residential use.
D.
Height.
1.
Building height shall not exceed five stories and 60 feet except as provided in this chapter.
2.
On projects over 10 acres in gross lot area, the maximum height shall not exceed seven stories and 85 feet for the portion of a project that fronts Hawthorne Boulevard to a depth of 200 feet.
3.
Maximum building height shall be measured from the average finished grade at outer edge of the proposed building to the midpoint of the sloped roof or to the top of the parapet or coping for a flat roof. Stairs and elevators may exceed the maximum building height by 10 feet.
E.
Dwelling Unit Area. Developers are encouraged to provide a range of housing options within mixed use developments.
(Ord. 2118 § 7, 2016; Ord. 2128 § 6, 2016; Ord. 2155 § 3, 2018; Ord. 2225 §§ 3—4, 2021; Ord. 2247, 1/9/2024)
§ 17.29.050 Application process and findings.
All applications for construction of a mixed use project that combines residential and nonresidential uses in the same building in the CM classification require the following approvals prior to the issuance of any building or grading permit (excepting demolition permits):
B.
Approval of a conditional use permit from the planning commission pursuant to Chapter 17.40 when the following additional findings can be made:
1.
The proposed project is compatible with surrounding neighborhoods; and
2.
The proposed project is consistent with the Downtown Hawthorne Specific Plan and General Plan; and
3.
The potential impacts to on-site residences are minimized; and
4.
The overall mixed use project meets applicable design and development standards.
(Ord. 2155 § 3, 2018; Ord. 2225 § 5, 2021)