Imperial Beach City Zoning Code
CHAPTER 19
27 C/MU-2 SEACOAST COMMERCIAL AND MIXED-USE ZONE
§ 19.27.010 Purpose of zone.
The purpose of the C/MU-2 zone is to provide land to meet the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area. It is intended that the dominant type of commercial activity in the C/MU-2 zone will be visitor-serving retail such as specialty stores, surf shops, restaurants, and hotels and motels. Mixed-use and multiple family residences are also permitted in the C/MU-2 zone and in the Seacoast Mixed Use/Residential Overlay Zone. The development standards of the C/MU-2 zone encourage pedestrian activity through the design and location of building frontages and parking provisions.
(Ord. 94-884; Ord. 2012-1130 § 1; Ord. 2013-1140 § 1)
§ 19.27.020 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-2 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 Seacoast Drive, including those with multiple-family dwelling units, "active commercial uses" as defined in Chapter 19.04 are required to be provided at a minimum sixty percent of each building's ground floor lineal footage and have direct pedestrian access from the Seacoast Drive sidewalk or a plaza. 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.
Kiosks are not to exceed twenty square feet in area each, shall be located on public plazas or private leaseholds, and shall not exceed ten locations in the C/MU-2 zone.
3.
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) require approval of a conditional use permit and are subject to subsections D, E, F, and G of this section as appropriate.
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.
5.
Multiple-family residential dwelling units are permitted at a maximum density of one unit per every one thousand five hundred 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; or if a mixed-use project is located on the east side of Seacoast Drive or on Palm Avenue, east of Seacoast Drive, residential dwelling units may be increased to a maximum density of one dwelling unit for each one thousand two hundred ten gross square feet of lot area with approval of a conditional use permit by the City Council that demonstrates compliance with two or more of the following development incentives:
a.
Project sites that are consolidated to a final size greater than twenty thousand square feet;
b.
Entire project achieves Leadership in Energy and Environmental Design (LEED) Green Building Rating System certification, a comparable green building certification, or can demonstrate the ability to achieve certification;
c.
Entire project provides a minimum of seventy-five percent "active commercial uses" on the ground floor;
d.
At least twenty-five percent of proposed residential units must be three-bedroom units;
e.
Provide an additional one hundred square feet of common open space or plaza space with minimum dimensions of six feet by ten feet;
f.
Dedicate a minimum of one foot of private property frontage to public use (creates a one-foot front setback dedicated to public use);
g.
Floors above first floor provide additional stepback of five feet beyond required stepback.
B.
Site plan review by the City Council will be required if any of the following applies for proposed uses located in the C/MU-2 zone:
1.
All proposed developments involving new construction;
2.
Any addition, construction, remodeling 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 commercial use, residential use, or structure requiring the approval of a conditional use permit;
4.
Any development including residential dwelling units; and
5.
Public parking lots.
C.
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-2 zone:
1.
Any addition, construction, remodeling, or alteration of existing buildings resulting in a one-time 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 title;
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; and
4.
Kiosks.
D.
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 (A)(3) 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.
E.
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 (A)(3) 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.
F.
Prior to the issuance of a conditional use permit for a religious assembly, club, fraternal organization, service organization, or veteran's organization under subsection (A)(3) of this section, the applicant must demonstrate and the City Council must make a finding that the off-street parking requirements of Chapter 19.48 of this code are met and that sufficient parking exists to accommodate the proposed uses.
G.
Any conditional use permit issued for a religious assembly, club, fraternal organization, service organization, or veteran's organization under subsection (A)(3) of this section shall, at a minimum, specifically address the following:
1.
Proposed use 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 facility. Nothing in subsection D, E, F, or G 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. 94-888 § 1; Ord. 97-910 § 1; Ord. 98-920 § 1; Ord. 98-930 § 1; Ord. 2001-960 §§ 9—13; Ord. 2002-983 §§ 23, 24; Ord. 2003-1013 § 5; Ord. 2012-1130 § 1; Ord. 2013-1140 § 1; Ord. 2017-1161 § 1)
§ 19.27.040 Yards.
Yard requirements of the C/MU-2 zone are as follows:
A.
On property fronting on Seacoast Drive, the front of each building shall be set on the front property line. For purposes of this requirement an arcade is considered a part of the building. For lots not fronting on Seacoast Drive there are no front, side, or rear yard setbacks in the C/MU-2 zone except as follows:
B.
For properties within the Seacoast Mixed-Use/Residential Overlay Zone, the setbacks shall be as required in Section 19.27.140(B), and
(Ord. 94-884; Ord. 98-920 § 3; Ord. 2012-1130 § 1; Ord. 2013-1140 § 1)
§ 19.27.041 Stepbacks.
A.
On property with a side or rear yard abutting a residential zone, the second-floor stepback shall be a minimum of five feet from the abutting residential property line and the third-floor stepback shall be a minimum of ten feet from the abutting residential property line.
B.
Stepbacks are not required where the ten-foot setback is required or observed for at least fifty percent of the property line abutting residential property.
C.
On properties fronting Seacoast Drive, an upper-story setback of five to ten feet is required for a minimum of fifty percent of street-facing façades along Seacoast Drive.
(Ord. 2012-1130 § 1)
§ 19.27.050 Minimum lot size.
The minimum lot size for any new lot created in the C/MU-2 zone shall be three thousand square feet (for related provisions concerning small lots, see Chapter 19.42).
(Ord. 94-884; Ord. 98-920 § 3; Ord. 2012-1130 § 1)
§ 19.27.060 Frontage.
Every new lot created in the C/MU-2 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)
§ 19.27.070 Building height.
A.
No building in the C/MU-2 (Seacoast Commercial) zone shall exceed three stories or thirty feet in height, whichever is less, except as follows:
1.
Properties within the Seacoast Residential Overlay Zone are subject to a reduced single-family residential building height of two stories or twenty-six feet, whichever is less, per Section 19.27.140(C);
2.
Properties east of Seacoast Drive that do not provide exclusively residential uses shall have a height limit not to exceed three stories and thirty five feet with approval of a conditional use permit that demonstrates compliance with the following:
B.
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. 94-884; Ord. 2003-1007 § 2; Ord. 2012-1130 § 1; Ord. 2013-1140 § 1; Ord. 2017-1161 § 1)
§ 19.27.080 Separation of buildings.
No buildings shall be located less than five feet from any other building on the same lot.
(Ord. 94-884; Ord. 2012-1130 § 1)
§ 19.27.110 Parking.
For provisions on parking applicable in the C/MU-2 zone, see Chapter 19.48.
(Ord. 94-884; Ord. 2012-1130 § 1)
§ 19.27.120 Signs.
For provisions on signs applicable in the C/MU-2 zone, see Chapter 19.52.
(Ord. 94-884; Ord. 2012-1130 § 1)
§ 19.27.130 Uses conducted outside buildings.
For provisions on uses conducted outside buildings applicable in the C/MU-2 zone, see Chapter 19.72.
(Ord. 94-884; Ord. 2012-1130 § 1)
§ 19.27.140 Seacoast Commercial Mixed-Use/Residential Overlay Zone.
The area located between Ocean Boulevard on the west, Ocean Lane on the east, and between Imperial Beach Boulevard on the south and Palm Avenue on the north is designated as the Seacoast Mixed-Use Residential Overlay Zone. The purpose of this transition zone is to allow for the gradual commercial expansion in an area which is generally used for residential purposes while preserving opportunities for the continuation of single-family residential uses.
(Ord. 94-884; Ord. 2003-1013 §§ 6, 7; Ord. 2012-1130 § 1; Ord. 2013-1140 § 1)
§ 19.27.145 Conditional use permit.
Conditions for a conditional use permit may include, but shall not be limited to, requirements for special yards, open spaces, buffers, fences, walls, and screening; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications, regulations of vehicular ingress and egress and traffic circulation; regulations of signs; regulations of hours of operation; establishment of development schedules or time limits for performance or completion; requirements for periodic review; and such other conditions as may be deemed necessary to ensure compatibility with existing surrounding uses, and to preserve the public health, safety, and welfare.
(Ord. 2012-1130 § 1)
§ 19.27.150 Specific plan.
A.
The City Council may approve a specific plan for an H-1 hotel as defined in Chapter 19.25 of this code that allows deviations from the following regulations in the C/MU-2 zone:
1.
Building heights specified in Section 19.27.070, provided that a height deviation may not exceed four stories or forty feet, whichever is less;
2.
Building yard requirements specified in Section 19.27.040 and building stepbacks specified in Section 19.27.041. The specific plan shall establish setbacks and stepbacks to create public view corridors to and along the beach and to avoid impacts to existing public ocean views. The specific plan shall set back private development from public use areas to maximize public access, create open space buffers, and avoid conflicts between public and private uses;
3.
Parking requirements specified in Section 19.48.035 may be reduced to one parking space per unit if a sitespecific parking study, taking into account the demand for parking associated with ancillary uses such as conference areas and restaurants, establishes that parking demand will not exceed one parking space per unit.
B.
The intent of this section is to accommodate, to the greatest extent possible, an equitable balance of project design, project amenities, public improvements, and community and City benefits. The purpose of the specific plan is to provide flexibility in the application of development regulations for hotel projects where strict application of those regulations would restrict design options and result in a less desirable project.
C.
All of the following findings must be made before a specific plan may be approved under this section:
1.
The proposed project will not adversely affect the general plan or the local coastal program;
2.
The proposed project will not be detrimental to the public health, safety, or welfare;
3.
The proposed project, when considered as a whole, will be beneficial to the community and the City; and
4.
The proposed deviations are appropriate for the location and will result in a more desirable project than would be achieved if designed in strict conformance with zoning regulations in the C/MU-2 zone.
D.
A specific plan approved under this section must state the ways in which the project benefits the community and the City and the ways in which the resulting project is preferable to what the existing regulations would have allowed.
(Ord. 2002-984 § 1; Ord. 2003-1002 § 1; Ord. 2012-1130 § 1)