This chapter establishes provision, regulation and requirements for the establishment and continuance of uses, structures and lots in all commercial zones. All uses are subject to the vehicle parking provision specified in Chapter 24.04. The intent and intended application of each commercial zone is:

A.

Zone C (General Commercial). This zone is intended to provide areas in which all types of retail businesses, offices and services can be conducted. This zone is applied generally along major streets and in shopping centers.

B.

Zone CN (Neighborhood Commercial). This zone establishes regulations in addition to those established by the general commercial zone and further limits uses. It is applied in neighborhood areas not otherwise served conveniently by general commercial. It is intended that light retail convenience enterprises operate and that the heavy commercial uses are prohibited.

C.

Zone CD (Downtown Commercial). This zone is intended to promote customer oriented business activities which are appropriate to the central business district. The regulations for this zone are intended to provide opportunity for the development of a unified central business environment, therefore, general service businesses are not permitted.

D.

Zone CM (Light Industrial and Commercial Service). This zone is applied in areas generally removed from residential environment such as along Alvarado Road. It is intended to include heavy commercial activity and light industrial services.

The following uses and structures are permitted on each building site in the various zones as stated subject to the provisions of this Chapter and Chapter 24.04.

A.

TABLE OF PERMITTED PRINCIPAL USES AND STRUCTURES

B.

TABLE OF PERMITTED PRINCIPAL USES AND STRUCTURES WITH APPROVED SITE DEVELOPMENT PLAN

A site development plan application for the following uses and structures shall be submitted to the planning department for analysis as to whether or not the development objectives of the city have been achieved.

C.

PRINCIPAL USES AND STRUCTURES BY CONDITIONAL USE PERMIT

D.

Holiday Merchandise Sales. Holiday merchandise sales such as pumpkins, Christmas trees, Christmas wreaths and other seasonal decorator items shall be permitted on commercially zoned sites under the following conditions:

1.

The use shall operate with a business license as provided in Section 6.04.050 of the municipal code.

2.

A letter of permission shall be obtained from the property owner and submitted to the city prior to issuance of the required business license.

3.

The use may not exceed 60 days.

4.

The use shall not reduce any required parking on the site that serves another use.

5.

Prior to issuance of the required business license, a deposit in an amount to be set by city council resolution shall be required. A failure to vacate and leave the property free of debris shall be considered a violation of the municipal code.

E.

Permitted Accessory Uses and Structures. Accessory uses and structures are those which are subordinate, clearly incidental and customarily appropriate to the operation of a commercial use. All such uses and structures are permitted in all commercial zones with the following exceptions:

1.

Satellite dish or similar communication antennas shall be screened from view from adjoining public streets, residentially zoned property, and on-site parking lots. Screening shall be in a manner architecturally compatible with the building and site improvements and may include the use of architectural elements of the building, solid walls or fencing, or landscaping as approved by the planning division. One satellite dish or similar communication antenna per business, no larger than three feet in width or diameter, shall be exempt from this screening requirement, subject to the conditions that (a) roof-mounted antennas shall not exceed a height of five feet above the roof on which they are mounted, and (b) ground-mounted antennas do not exceed fifteen feet in height.

2.

Carts or kiosks are permitted upon approval of a design review application when found to be consistent with the standards adopted by city council resolution. Carts and kiosks are permitted only in the CD zone, or within the CN, C or CM zones when located within a shopping center, transit center or institutional use.

3.

Ordinary household pets (Section 24.01.100) are permitted in commercial zones for permitted residential uses. Two adult dogs per multi-family dwelling unit and up to five adult dogs for a single-family dwelling unit.

F.

Repealed.

G.

Outdoor Sales in the CD (Commercial Downtown) Zone. The outdoor display and sale of merchandise shall be permitted as an accessory use to a business in the CD zone when the following criteria are met:

1.

The display area is less than one hundred square feet in area.

2.

The display area is directly adjacent to the business operating the sales.

3.

If the display area is on the public sidewalk, a minimum five foot wide pedestrian pathway, clear of all obstructions, shall be maintained.

4.

All display areas shall be temporary and shall be moved inside the business during closed hours.

5.

All display areas shall be kept clean and orderly and shall maintain an appearance consistent with the downtown village atmosphere.

(Ord. 2008-2789 § 3 (part); April 8, 2008: Ord. 2355; May 24,1984: Ord. 2370 §§ 1, 2; August 14, 1984: Ord. 2407 §§ 1, 2; November 26, 1985: Ord. 2418 § 1; January 28, 1986: Ord. 2421 § 4; March 11, 1986: Ord. 2440 § 2; December 9, 1986: Ord. 2456 § 1; July 14, 1987: Ord. 2484 §§ 3, 4; November 10, 1987: Ord. 2501 § 1; July 12, 1988: Ord. 2594 § 2; December 17, 1991: Ord. 2614 § 1; December 9, 1992: Ord. 2624 §§ 3, 4; May 11, 1993: Ord. 2626 § 2; May 25, 1993: Ord. 2646 § 3; June 28, 1994: Ord. 2651 § 1; August 9, 1994: Ord. 2658 § 4; May 9, 1995: Ord. 2668 §§ 1, 2; April 23, 1996: Ord. 97-2677 § 1; May 27, 1997: Ord. 97-26 §§ 1, 2; July 8, 1997: Ord. 2000-2710 § 2; December 12, 2000: Ord. 2001-2714 § 3; November 13, 2002: Ord. 2008-2789 § 3 (part); April 8, 2008: Ord. 2012-2826, § 2; November 13, 2012: Ord. 2016-2845 § 4; February 9, 2016: Ord. 2016-2846 §§ 2, 3; April 12, 2016; Ord. 2019-2863, § 3, February 12, 2019)

A.

Development Objectives. Objectives shall be observed in design and construction on any building site, as follows:

1.

Types of buildings, walls and fences shall be architecturally pleasing in appearance.

2.

Setback or lack of setbacks shall not be utilized to locate a building or nonbuilding structure which is out of character with adjacent properties.

3.

Lighting must be of a type and situated in such a manner as to no create safety problems for either pedestrians or drivers.

All lighting shall be designed, installed and maintained to project the light primarily on the owner's property. This may require the use of shields, and may limit the location, type and height of light fixtures. Any light falling on adjacent properties shall be minimal and incidental. Lighting shall be focused directly on the owner's property, and shall not be focused on adjacent properties.

4.

Traffic conflicts must be avoided including vehicular access and circulation and loading, and conflicts with adjacent properties by headlights, etc.

5.

All setbacks shall be landscaped.

B.

Minimum Lot Size and Dimension. All lots within the commercial zones shall have: an area of at least five thousand square feet, a minimum width of fifty feet and a minimum depth of one hundred feet.

C.

Setbacks. The following provision for setbacks set minimum requirements for the location of buildings other than fences. "Setbacks" have no relationship to the front, side or rear of a building. "Setback" means the distance a structure is located (set back) from a building site boundary.

1.

All buildings shall be set back not less than ten feet from any zone boundary which is the side or rear lot line of an adjacent "R" zoned lot, and ten feet from a street on which an abutting lot classified in a residential zone has frontage. All yards resulting from required setbacks shall be landscaped and maintained and no structure, equipment of any kind, or storage shall be permitted within such yards.

2.

Any building or portion of a building containing an auditorium or other place of public assembly shall be required to have minimum side and rear setbacks of fifty feet unless the design of such building adequately provides for the attenuation of noise from such facility.

D.

Setback of Spacing Requirement Exceptions. The following exceptions, setback and spacing requirements shall be permitted. In any case, however, all requirements of the Building Code shall be observed.

1.

Architectural features may extend up to two feet into a required setback from the face of the building.

2.

Bay windows and fireplaces up to ten feet wide may extend up to three feet from the face of the building into a required setback, provided the minimum resulting setback for these features is not less than three feet.

3.

Awnings, (detachable, supported by building wall), eaves, cornices, balconies, fire escapes, unroofed porches or decks up to three feet in height with stairs, may extend (i) up to ⅙ of the distance into a required minimum court or building separation; and (ii) up to ⅓ of the distance into a required minimum setback; except this shall not apply to any balcony on an apartment building adjacent any R1 zone boundary.

4.

Structures used strictly for landscaping purposes may be located without regard to required setbacks.

E.

Height. The following height limitations shall apply in each zone except as increased by special permit by the planning commission:

F.

Height Exceptions. The following exceptions to height limits for structures other than fences, non-building walls and retaining walls shall be permitted:

1.

Roof structures for the housing of elevators, stairways, air conditioners, or similar equipment required to operate and maintain the building provided such structures are architecturally compatible with the design of the building.

2.

Chimneys, flagpoles and steeples.

3.

Radio and television antennas, accessory to dwellings; amateur radio antennas and commercial antenna structures.

G.

Fences and Retaining Walls. The following fences and retaining walls shall be:

1.

Required: A six-foot high masonry wall shall be required on a site boundary when said boundary is adjacent a residential zone. Such wall shall be reduced to four feet in height within a front setback.

2.

Permitted: Ornamental walls and fences limited to those utilized in landscaping to obscure the view of parking and service areas. It is the intent of this provision to ensure that all walls and fences contribute to the overall design of the project and enhance its appearance. Permitted materials include: masonry, i.e., stone, brick, stucco, slumpstone, and similar materials; wrought iron; and wood. Walls and fences whose function is solely utilitarian may be permitted when they are not in public view or adjacent to residential property. All walls and fences (including retaining walls) shall be subject to the approval of the planning director.

H.

Trash and Recycling Enclosures.

1.

All new commercial developments over two thousand five hundred square feet in building area, and existing developments which are adding over two thousand five hundred square feet in building area, shall comply with the following standards:

a.

All developments shall provide trash enclosures containing trash dumpsters and areas for the storage of recyclable materials. Enclosures should be located at least twenty feet back from any public street measured from the street curb.

b.

Areas for the storage of trash and recyclable materials shall be provided in a number adequate in capacity, number, and distribution to serve the development project.

c.

Trash dumpsters shall be serviced as needed, but not less than once a week.

d.

All trash enclosures shall be constructed of solid masonry walls with solid gates which meet the access, size, and location standards provided by the refuse collection service. Trash enclosure walls and gates shall be constructed of decorative, durable materials, subject to approval of the community development department.

e.

Developments within the downtown district which utilize joint collection facilities shall be exempted from this requirement.

2.

All trash shall be stored in weather-protected receptacles and recyclable materials shall be protected against adverse weather conditions which might render the collected materials unmarketable.

3.

All trash and recyclable storage areas shall be maintained in good repair and kept clean at all times.

I.

Emergency shelters in the C (General Commercial) and CN (Neighborhood Commercial) zones shall be permitted under the following conditions:

1.

Emergency shelters shall be operated under the authority of a governing agency or private, nonprofit organization that provides, or that contracts with recognized community organizations to provide, emergency shelters and which, when required by law, are properly registered and licensed.

2.

Emergency shelters shall comply with the latest California Health and Safety Codes.

3.

Emergency shelters shall comply with all property development standards of the zone in which they are located in addition to the following development standards.

a.

No emergency shelter shall be located, as measured from shelter facilities:

i.

Within one hundred fifty feet of any residentially zoned property;

ii.

Within three hundred feet of another emergency or similar shelter.

b.

No more than thirty beds shall be provided and no more than thirty persons shall be served in any single emergency shelter.

c.

Parking shall be as required by Chapter 24.04.050.

d.

Each emergency shelter shall include, at a minimum, the following:

i.

Adequate interior and exterior lighting.

ii.

Adequate indoor client intake/waiting area if client intake is to occur on-site. If an exterior waiting area is also provided, it shall be enclosed and screened from public view and adequate to prevent queueing into the public right-of-way and required parking and access.

iii.

Clean sanitary beds and sanitation facilities, including showers and toiletries;

iv.

Segregated sleeping, lavatory and bathing areas if the emergency shelter accommodates both men and women in the same building. Reasonable accommodation shall be made to provide segregated sleeping, lavatory, and bathing areas for families; and

v.

Individual lockers to allow shelter clients to secure their private possessions while using the shelter.

4.

Management. At least one facility manager shall be on-site at all hours the facility is open. Additional support staff shall be provided, as necessary, to ensure that at least one staff member is provided in all segregated sleeping areas, as appropriate.

5.

No person shall be allowed to camp on the premises or sleep on the premises outside of the shelter building.

6.

The maximum length of stay by an individual in an emergency shelter shall not exceed six months.

7.

Emergency shelters may provide one or more of the following types of supportive facilities or services for the exclusive use or benefit of the shelter clients:

a.

Central cooking and dining room(s);

b.

Recreation areas, indoor and/or outdoors;

c.

Laundry facilities for clients to wash their clothes;

d.

Intake and administrative offices;

e.

Counseling and other supportive services;

f.

Pet-friendly accommodations.

(Ord. 2600 § 20; April 28, 1992: Ord. 2634 § 2; October 26, 1993: Ord. 2743 § 2; November 25, 2003; Ord. 2019-2863, § 4, February 12, 2019)

The following general provisions apply in all zones:

A.

Maintenance of Property Required — Responsibility. The following are minimum requirements for maintenance of property and the responsibility for such maintenance shall be that of the owner of record or the occupant, separately or jointly, and either or both may be cited for any violation on the building site.

1.

All yards and other open spaces around buildings shall be kept free of waste, litter, junk, or storage of any material; provided, where outside storage is a permitted use or is a nonconforming use, such storage shall be done in an orderly manner. Packing boxes, lumber, litter, dirt and other debris accumulated in vestibules, doorways or the adjoining sidewalks or outside commercial buildings and visible from public or private streets shall be prohibited.

2.

All approved landscaped areas shall be properly maintained by regular watering, mowing, pruning, fertilizing, clearing of weeds and debris, the removal and replacement of dead or diseased plants and trees, and the repair and replacement of irrigation systems and integrated architectural features (i.e. fountains).

3.

All driveways and parking areas shall be graded, hard surfaced, and maintained in accordance with standards established by the city council resolution.

4.

All fences and structures shall be kept in good condition.

5.

All building materials and architectural features shall be kept in good condition, both structurally and aesthetically. Awnings and other features constructed of materials subject to weathering and deterioration shall be replaced when they are worn, tattered, excessively faded, or otherwise in poor condition. All building and exterior finishes and architectural features shall be maintained to avoid the appearance of deterioration or disrepair from excessive weathering, paint chipping or peeling, excessive cracks, broken windows or doors, or other conditions that represent lack of proper property maintenance.

6.

Attractive nuisances dangerous to children, including but not limited to abandoned and broken equipment, iceboxes, refrigerators, and unprotected and/or hazardous pools, ponds and excavations are prohibited.

(Ord. 2596 § 1; February 25, 1992: Ord. 2001-2716 § 2; November 13, 2001)

B.

Prerequisites to Development. The following requirements shall be accomplished at no cost to the city in connection with development:

1.

If the building site has frontage on a public street which is substandard with respect to either width or improvements as prescribed in the Street Standards Resolution or General Plan, then land needed for widening of each such substandard street shall be granted to the city and needed street improvements specified in such resolution shall be made to the satisfaction of the city engineer. Such improvement shall include but is not limited to preparation of the street right-of-way by grading, removal of obstructions, construction of retaining walls, guardrails or other protective devices determined by the city engineer to be necessary, together with preparation of engineering plans for all improvements.

a.

Exceptions:

i.

The foregoing requirement shall not apply to (i) interior alterations of buildings involving one thousand two hundred square feet or less of existing area, (ii) swimming pools and accessories, or (iii) building additions or accessory structures that are one thousand two hundred square feet in area or less, (iv) fences, nonbuilding walls or retaining walls.

ii.

The city council may authorize the guarantee of such improvements if less than fifty percent of the frontage in the same block is not improved to the same standards.

iii.

When a property is developed on an incremental basis, the cumulative development over a period of the previous five years for the property shall be considered in total in determining the one thousand two hundred square-foot threshold for exception.

b.

The city council may authorize the guarantee of such improvements if less than fifty percent of the frontage in the same block is not improved to the same standards.

c.

If the city engineer finds that the requirement to construct street improvements concurrent with the development of the project would cause undue hardship on the owner or it does not make sense to construct the improvements concurrently with the project for reason such as inconsistency with existing improvements on adjoining properties, the city engineer may, with the concurrence of the director of community development, require the owner to enter into a secured agreement to construct the required improvements in lieu of completing the improvements as a part of the development project.

2.

All public utility services shall be underground.

3.

Fire access, fire hydrants, water service, and other fire protection facilities shall be provided in accordance with current La Mesa fire standards.

4.

On site and offsite drainage shall be provided for and disposed of to the satisfaction of the city engineer.

(Ord. 2312; May 12, 1983)

C.

Reserved.

(Ord. 2442 § 3; January 13, 1987)

D.

Reserved.

(Ord. 2442 § 3; January 13, 1987)

E.

Reserved.

(Ord. 2442 § 3; January 13, 1987)

F.

Change of Use Requires Modification of Structure and Facilities. Whenever a structure or facility which has design features for special purpose uses such as automotive service stations or merchandise display, is changed in use to an occupancy not utilizing such features, such structure or facility shall be remodeled to remove each such feature. Such features include display windows, service windows, automotive service entrances and pump islands for fuel, fixed equipment and other single purpose uses.

G.

All Uses Must be Enclosed. All uses shall be conducted within enclosed buildings except those allowed in the approval of a site development plan as provided for in this chapter. Accessory roof equipment will be permitted only if it is housed within structures which are architecturally compatible with the design of the building and designed to screen their view from any person on the street or an adjacent site and to attenuate noise.

1.

Exception. As provided below for restaurants, bars and cocktail lounges, outdoor dining areas shall be permitted subject to the following regulations:

a.

All outdoor dining areas shall require a special permit to be reviewed and approved by the planning commission.

H.

Occupancy Limitations for Dwellings. Only buildings designed and constructed for human habitation may be occupied for this purpose.

1.

Occupancy of any dwelling shall be limited to the maximum number of persons it is safe for the dwelling to accommodate, as determined in the Building Code, Fire Code and public health codes.

I.

Building Types.

a.

Building types commonly referred to as quonset huts or buildings resembling quonset huts shall not be permitted.

b.

Portable storage containers and detached storage structures are only permitted when authorized as part of a permanent structure subject to the appropriate site plan approval and building permits.

c.

Temporary shade structures for parking or storage of vehicles, equipment, containers, merchandise or activities related to the operation of a business or permitted use are not permitted, except when the portable structure is less than one hundred square feet and used for permitted accessory activities such as outdoor employee eating areas.

J.

Effect of Approved Plans. A plot plan shall be submitted for any application for a site development plan, variance, special permit, conditional use permit, group dwelling or apartment projects application. An approved plan shall be kept on file by the planning department for twelve months as a guide to city departments in the issuance of building permits for the project. If the project does not commence within the twelve-month period the planning department shall upon written request by the applicant retain such plans for an additional six-month period. In the event of a zone reclassification or an amendment of any city regulation which would affect the project, such plans shall be void.

(Ord. 2631 § 2; October 12, 1993: Ord. 2001-2716 §§ 2, 3; November 13, 2001; Ord. 2021-2887, § 3, August 10, 2021)