Imperial Beach City Zoning Code
CHAPTER 19
26 C/MU-1 GENERAL COMMERCIAL AND MIXED-USE ZONE
§ 19.26.010 Purpose of zone.
The purpose of the C/MU-1 zone is to provide areas for mixed-use development, multiple-family dwellings, and for businesses to meet the local demand for commercial goods and services. It is intended that the dominant type of commercial activity in the C/MU-1 zone will be community and neighborhood serving retail and office uses.
(Ord. 94-884; Ord. 2012-1130 § 1)
§ 19.26.020 Permitted uses.
A.
Specified commercial, residential, light industrial, public and semi-public, green building utilities, and open space and recreation uses allowed in the C/MU-1 zone are listed in Chapter 19.23, including those requiring a conditional use permit, and shall also comply with the following land use regulations:
1.
For all buildings with frontage along Palm Avenue, including those with multiple-family dwelling units, "active commercial uses" as defined in Chapter 19.05 are required to be provided at a minimum of sixty percent of each building's ground floor lineal footage, have direct pedestrian access from the Palm Avenue sidewalk or a plaza, and have a minimum building depth of twenty-five feet. The remaining forty percent must either be primarily related to the commercial use, such as parking, access, or other non-active commercial purpose or, if related to non-commercial use, must be designed either to encourage and promote pedestrian activity or to visually screen required on-site parking.
2.
Residential dwelling units may be permitted at a maximum density of one unit per every one thousand gross square feet of lot area, except that exclusively residential developments are required to comply with the development standards of the R-1500 (High Density Residential) Zoning District.
3.
Kiosks shall not exceed twenty square feet in area, and shall be located on public plazas or private leaseholds. Kiosks shall not exceed ten locations in the C/MU-1 zone.
4.
Time shares require approval of a conditional use permit and shall be prohibited on the first floor unless twentyfive percent of the units are restricted to overnight accommodations.
B.
The following uses are permitted subject to the approval of a conditional use permit and in compliance with requirements specified below:
1.
Body piercing establishments may be permitted, subject to the approval of a conditional use permit; however, it is unlawful to establish any such body piercing establishment if the location is within one hundred feet of any property that is zoned R-1-6000, R-1-3800, R-3000-D, R-3000, R-2000 or R-1500, or any other area that is primarily residential in character, as evidenced by letter designation in the zoning law of the City; or within two hundred feet of any of the following:
a.
Bar, cocktail lounge, or liquor store;
b.
Body piercing establishment;
c.
Religious assembly;
d.
Educational institution;
e.
Public park; or
f.
Tattoo establishment.
2.
Religious assemblies, clubs, fraternal organizations (e.g., Masons, Moose, Elks, and Eagles), service organizations (e.g., Rotary, Kiwanis, Lions Club, and Jaycees), and veterans organizations (e.g., American Legion, VFW, FRA, and Disabled American Veterans), may be permitted, subject to the approval of a conditional use permit and to subsections E, F, G, and H of this section as appropriate.
3.
Fortune telling or palm reading establishments may be permitted, subject to the approval of a conditional use permit; however, it is unlawful to establish any such fortune telling or palm reading establishment if the location is within:
a.
One hundred feet of any property that is zoned R-1-6000, R-1-3800, R-3000-D, R-3000, R-2000, or R-1500, or any other area that is primarily residential in character, as evidenced by letter designation in the zoning law of the City; or
b.
Five hundred feet of any mobilehome park, manufactured housing community, or senior housing development; or
c.
One thousand feet of any similar establishment.
4.
Tattoo establishments may be permitted, subject to the approval of a conditional use permit; however, it is unlawful to establish any such tattoo establishment if the location is within one hundred feet of any property that is zoned R-1-6000, R-1-3800, R-3000-D, R-3000, R-2000, or R-1500, or any other area that is primarily residential in character, as evidenced by letter designation in the zoning law of the City; or within two hundred feet of any of the following:
a.
Bar, cocktail lounge, or liquor store;
b.
Body piercing establishment;
c.
Religious assembly;
d.
Educational institution;
e.
Public park; or
f.
Tattoo establishment.
C.
Site plan review by the City Council will be required if any of the following applies to proposed uses located in the C/MU-1 zone:
1.
All proposed developments involving new construction.
2.
Any addition, construction, or alteration of existing buildings resulting in an increase of ten percent or greater of the gross floor area of a commercial structure or in an individual commercial space within the structure or within a commercial shopping center.
3.
Any proposed use or structure requiring the approval of a conditional use permit.
4.
Any development including residential dwelling units.
D.
Site plan review by the community development director (administrative approval) will be required if any of the following applies for proposed uses located in the C/MU-1 zone:
1.
Any addition, construction, or alteration of existing buildings resulting in a onetime increase of less than ten percent of the gross floor area of a commercial structure or in an individual commercial space within the structure or within a commercial shopping center. Multiple additions to existing commercial buildings that cumulatively result in an increase of ten percent or greater of the originally approved gross floor area of a commercial building shall require site plan review by the City Council.
2.
Exterior façade alterations to existing buildings located on a design review corridor as identified in Section 19.83.020(A)(1) of this code.
3.
The building or site or a portion of the building or site that is proposed to be occupied has been vacant for a period of two years or greater.
4.
Public parking lots.
E.
Notice to adjoining property owners of any application for conditional use permit for a religious assembly, club, fraternal organization, service organization, or veteran's organization, under subsection (B)(2) of this section shall be given pursuant to Section 19.86.050 of this code. Additionally, notice of hearing shall be made by mailing a postal card or letter to all the business owners within three hundred feet of the exterior boundary of the property involved, such business owners and their addresses being established for this purpose by the latest business licenses issued by the City; provided, however, that in the case where the ownership or address has recently changed and such knowledge is available to the Community Development Department, notice shall also be sent in this manner to the current business owners. Such notice shall include the nature of the proposal, a description of the property under consideration, and the time and place of the public hearing. In certain cases where mailed notice of hearing is deemed impractical, notice may be effected by posting upon the subject property and within the area of the subject property a notice bearing the same information as contained in the notice to be mailed. The notice shall be posted at least ten days prior to the date set for the public hearing, and the Community Development Department shall sign an affidavit of posting to be held in the record. No defect or irregularity in the giving of such notice shall invalidate the public hearing.
F.
The report prepared by staff for the City Council on the conditional use permit application for a religious assembly, club, fraternal organization, service organization, or veteran's organization under subsection (B)(2) of this section, shall provide a listing of the number of property owners, business owners, and types of businesses located within three hundred feet of the exterior boundaries of the subject property. Prior to the scheduled public hearing, the applicant shall attempt to contact the property owners and business owners located within three hundred feet of the exterior boundary of the subject property to determine how many support and how many oppose the application for the conditional use permit on the subject property. The results of the survey of the property owners and business owners shall be forwarded to City staff for inclusion in the staff report to the City Council.
G.
Prior to the issuance of a conditional use permit for a religious assembly, club, fraternal organization, service organization, or veteran's organization under subsection (B)(2) of this section, the applicant must demonstrate and the City Council must make a finding that the parking requirements of Chapter 19.48 of this code are met and that sufficient parking exists to accommodate the proposed uses.
H.
Any conditional use permit issued for a religious assembly, club, fraternal organization, service organization or veteran's organization under subsection (B)(2) of this section shall, at a minimum, specifically address the following:
1.
Proposed uses or activities;
2.
Hours of operations, uses, and activities;
3.
The days of the week and times for meetings or gatherings and the number of people attending those meetings or gatherings;
4.
The number, time, and days of the week of any proposed musical activities, performances, or entertainment;
5.
The number, time, and days of the week of activities involving infants, pre-teens, teens, or young adults;
6.
The dates, times, and number of persons in attendance for any special meetings, events, or gatherings not included in the normal hours of operation, that are directly related to the operation, uses, and activities of the facility, or are attended by the principal membership of the facility;
7.
The dates, times and number of persons in attendance for any special meetings, events, or gatherings not included in the normal hours of operation, if any, that are not directly related to the operation, uses, and activities of the facility, nor are attended by the principal membership of the facility; and
8.
No child care services by persons unrelated to the parent or child, child day care center, or educational institution shall be operated on the premises unless specifically provided for under the conditional use permit issued for the religious assembly, club, fraternal organization, service organization, or veteran's organization. Nothing in subsections E, F, G, or H of this section shall supersede or preempt the issuance criteria for a conditional use permit as set forth in Chapter 19.82 of this code.
(Ord. 94-884; Ord. 2001-960 §§ 3—8; Ord. 2001-971 §§ 3—5; Ord. 2001-973 §§ 3—6; Ord. 2002-983 §§ 21, 22; Ord. 2002-986 §§ 2, 3; Ord. 2003-1013 § 4; Ord. 2012-1130 § 1; Ord. 2013-1140 § 1; Ord. 2017-1161 § 1)
§ 19.26.040 Yards.
Yard requirements for the C/MU-1 zone are as follows:
A.
Front Yard. Zero feet; up to forty percent of the project frontage may be set back up to an additional five feet. Front yards facing Donax Avenue or Calla Avenue shall be a minimum of fifteen feet.
B.
Side Yard. There shall be a minimum side yard of five feet.
C.
Rear Yard. There shall be a minimum rear yard of ten feet.
D.
The open space and landscaping requirements as stated in Chapter 19.50 of this code shall be met.
(Ord. 94-884; Ord. 2012-1130 § 1)
§ 19.26.041 Stepbacks.
For property with a side or rear yard abutting a residential zone, the second floor shall be set back a minimum of five feet from the abutting residential property line and the third floor shall be set back a minimum of ten feet from the abutting residential property line.
(Ord. 2012-1130 § 1)
§ 19.26.050 Minimum lot size.
The minimum lot size for any new lot created in the C/MU-1 zone shall be three thousand square feet (for related provisions concerning small lots, see Chapter 19.42).
(Ord. 94-884; Ord. 2012-1130 § 1)
§ 19.26.060 Frontage.
Every new lot created in the C/MU-1 zone shall have a minimum width along a street of thirty feet (for related provisions concerning small lots, see Chapter 19.42).
(Ord. 601 § 1, 1983; Ord. 94-884; Ord. 2012-1130 § 1)
§ 19.26.070 Building height.
No building in the C/MU-1 zone shall exceed four stories or forty feet in height, whichever is less. All commercial spaces on the ground floor shall have a minimum fifteen-foot floor-to-ceiling height; and single-story commercial buildings shall have a minimum building height of twenty feet.
(Ord. 601 § 1, 1983; Ord. 94-884; Ord. 2012-1130 § 1)
§ 19.26.080 Separation of buildings.
No buildings shall be located less than five feet from any other building on the same lot.
(Ord. 601 § 1, 1983; Ord. 94-884; Ord. 2012-1130 § 1)
§ 19.26.110 Parking.
For provisions on parking applicable in the C/MU-1 zone, see Chapter 19.48.
(Ord. 601 § 1, 1983; Ord. 94-884; Ord. 2012-1130 § 1)
§ 19.26.120 Signs.
For provisions on signs applicable in the C/MU-1 zone, see Chapter 19.52.
(Ord. 601 § 1, 1983; Ord. 94-884; Ord. 2012-1130 § 1)
§ 19.26.130 Uses conducted outside buildings.
For provisions on uses conducted outside buildings applicable in the C/MU-1 zone, see Chapter 19.72.
(Ord. 94-884; Ord. 2012-1130 § 1)
