The following criteria are established to assist citizens, staff, planning commission and city council in the administration and application of the C zone.

A.

General or Other Adopted Plans. Compliance with the general plan or other plans or programs adopted by the city shall be demonstrated. Development on properties exceeding one acre in size shall require the adoption of a comprehensive plan.

B.

Location. Business areas shall be concentrated in the existing downtown portion of Sierra Madre.

C.

Need. A demonstrated public need shall be established within the general area.

D.

Design. The design or redesign of any structure shall comply with the standards established herein or in any adopted plan or program of the city.

E.

Utilities, Streets, Sidewalks, Etc. The existing utilities systems (water, sewer, drainage, electrical, gas, lighting and communication facilities) and street and sidewalks are adequate, or new facilities will be constructed to serve the downtown adequately.

F.

Economic Development. Commercial businesses and uses located in the C zone that generate revenue for the city are encouraged.

(Ord. 1296, § 1, 7-28-09; Ord. No. 1331, § 1, 8-14-12; Ord. No. 1431, § 2(Exh. A), 11-10-20)

For the purpose of this chapter, the words, phrases and terms shall be deemed to have the following meanings:

"Commercial Zone Use List" means a list of uses allowed in the C zone that fall within the use categories set forth in the table in Section 17.36.020.

"SRO" or "single room occupancy" means a small, one room dwelling unit intended to be occupied by one resident. An SRO may have shared or private kitchen and bathroom facilities, but must provide sufficient private accommodations to allow independent living and otherwise qualify as a dwelling unit under this code and state law. SROs are typically rented on a monthly basis without rental deposit, and can provide an entry point into the housing market for extremely low-income individuals, formerly homeless and disabled persons.

(Ord. No. 1431, § 2(Exh. A), 11-10-20)

A.

Unless otherwise restricted or prohibited by this code, the following use categories shall be permitted in the "C" zone if noted in the "P" column, and shall be permitted upon approval of a conditional use permit if noted in the "CUP" column pursuant to Chapter 17.60. All such uses shall be within an enclosed building unless specifically stated otherwise. The required permit for some uses varies based upon the amount of floor area occupied by such use, and numbers in the table below represent square feet of floor area of such use. If a use occupies exactly the threshold amount of floor area, the lower permit shall be required (for example, a retail store with exactly 7,500 square feet of floor area would be permitted). Some use categories are further subdivided into subcategories of "general" or "limited", with the latter indicating a greater need for discretionary review due to its potential for nuisance, intensity, overconcentration, blighting, and/or deteriorating effect upon surrounding areas.

B.

All use categories not listed above and all specific uses not listed in the Commercial Zone Use List are prohibited in the C zone. The director is authorized to exercise his or her authority under Section 17.12.160, to fit an unidentified use within a specific use or use category. The director's administrative interpretation must make the following findings:

1.

The proposed use meets the intent of, and is consistent with, the goals, objectives and policies of the adopted General Plan;

2.

The proposed use meets the stated purpose and general intent of the zoning district in which the use is proposed to be located;

3.

The proposed use will not adversely impact the public health, safety, or general welfare of the city's residents; and

4.

The proposed use shares characteristics common with, and is not of a greater intensity or density, than those listed in the zoning district in which it is to be located.

Notwithstanding anything else to the contrary, sales of alcohol and tobacco, whether for consumption on- or off-site and whether alone or in conjunction with other uses (such as a retail store, restaurant or a newly added use) shall require a conditional use permit.

(Ord. 1296, § 1, 7-28-09; Ord. No. 1335, § 2, 6-11-13; Ord. No. 1352, § 8, 2-11-14; Ord. No. 1431, § 2(Exh. A), 11-10-20; Ord. No. 1466, § 68, 3-28-23)

The following standards apply to adult businesses in the C zone:

A.

An "adult business" is defined as any business which is, at any time or times, conducted exclusively for the patronage of adults from the premises of which minors are specifically excluded by law or the owner or person in possession of the premises. This definition shall exclude any use pre-empted by state law or licensed by the state.

B.

"Sexually oriented" shall mean any use, display, sale, product, book, treatment, manipulation, projection, machine or other device, the principal, advertised, and emphasized purpose, use or manifestation of which is gratification, education, entertainment, observation, reading, or other stimulus, excitation, or study of explicit human heterosexual, homosexual, or other sexual activity or simulation or depiction thereof.

C.

"Sexually oriented adult business" shall not be permitted on any recorded lot within six hundred feet of a church nor within six hundred feet of a public or private school for the academic education of children nor within three hundred feet of residentially zoned property.

D.

In the event any prohibition set forth in subsection (C) of this section is held by any court of jurisdiction to be invalid or inapplicable, then such use or uses shall ipso facto, immediately, and automatically be classified as a conditional use requiring a conditional use permit pursuant to the provisions of the zoning code of this city and an Environmental Impact Report pursuant to the California Environmental Quality Act.

(Ord. 1296, § 1, 7-28-09)

In addition to those specified in this chapter, a number of other uses and construction activities are allowed in the C zone pursuant to, and in accordance with, other provisions of this title. Such uses and construction activities may be permitted of right or require discretionary review and approval in accordance with such other provisions. A subset of such uses and construction activities and their corresponding code references are listed below for reference purposes only.

A.

Demolitions Section 15.04.115 and Section 17.60.056;

B.

Certain conditionally permitted uses - Section 17.60.030;

C.

Signs Chapter 17.72;

D.

Home occupations within residential uses - Chapter 17.85;

E.

Temporary uses - Chapter 17.88;

F.

Wireless communication facilities - Chapter 17.93; and

G.

Supportive housing, as defined in Government Code Section 65650, shall be a use by right under Government Code Section 65651.

(Ord. No. 1431, § 2(Exh. B), 11-10-20; Ord. No. 1441, § 5(Exh. B), 5-11-21)

A.

The following activities shall only be permitted with a design review permit, obtained in accordance with Chapter 17.60;

1.

Additions of floor area in excess of 1,000 square feet, whether from new construction, addition to or enlargement of an existing building, or otherwise; and

2.

Single-family home projects that result in aggregate floor area of all structures exceeding 3,000 square feet, whether from new construction, addition to or enlargement of an existing building, or otherwise (additionally, such projects shall require Finding D.8. of Section 17.60.041 be made).

B.

The following activities shall only be permitted with an administrative design review permit, obtained in accordance with Chapter 17.60:

1.

Construction in excess of either one story or 20 feet in height;

2.

Additions of floor area in excess of 500 square feet, whether from new construction, addition to or enlargement of an existing building, or otherwise;

3.

Significant exterior facade alterations fronting a main commercial street which, as determined by the director, have the potential to alter materially the character of an existing main building; and

C.

The following activities do not require a design review permit or administrative design review permit under Chapter 17.60; provided however, that the appropriate building permits, if required, must be obtained:

1.

Interior alterations to an existing building;

2.

Additions of floor area of 500 square feet or less, whether from new construction, addition to or enlargement of an existing building, or otherwise; and

3.

Minor exterior facade alterations fronting a main commercial street which, as determined by the director, do not have the potential to alter materially the character of an existing main building, and all exterior facade alterations not fronting a main commercial street.

(Ord. 1296, § 1, 7-28-09; Ord. No. 1431, § 2(Exh. A), 11-10-20)

Henceforth, the city shall not allow new drive-through business establishments, that is, business establishments which provide service to customers in a motor vehicle.

(Ord. 1296, § 1, 7-28-09)

The following design criteria shall be applied to all development within the C zone. Downtown Design Standards:

A.

Architectural Style and Character. All future construction, exterior remodeling, development and redevelopment shall be of such architectural design as to enhance the site and surrounding environment and be consistent with the desired overall community values stated in the general plan. Approval of each design as to its compliance or compatibility with these standards must be obtained from the director prior to the granting of any building permit.

B.

Materials. The following building materials or those determined by the director to be similar to them shall be utilized in all construction in the commercial zone:

1.

Roof materials intended to be viewed, including but not limited to clay tile or slate;

2.

Brick, tile, textured concrete, tinted concrete or exposed aggregate patios and walkways;

3.

Decorative masonry materials such as bricks, stone or slump stone;

4.

Heavy rough textured wood beams, headers, trim and siding;

5.

Textured stucco.

C.

Colors. Earth tone or natural colors shall be utilized throughout with the use of bright, nonpastel colors for the purpose of accent; however, such accent colors shall not be used to such a degree as to become the dominant color of any structure.

D.

Landscaping. All site landscaping shall be so designed with both form and function in mind and not just as a decorative element. Desirable aspects of landscape design that are:

1.

Plant material selection for seasonal color;

2.

Low maintenance plant materials;

3.

Use of ground cover plant materials rather than nonplant substitutes;

4.

Use of native trees when appropriate.

E.

Signs. All signs shall be designed as an integral part of the overall architectural design theme of the building through the use of similar materials and colors, as well as proportionate size and location.

F.

General. The following apply to all development in the C zone:

1.

Architectural treatment shall be applied to all building elevations;

2.

Review of a proposed design shall be related to the surrounding existing development with greater emphasis placed upon compatibility with adjacent development related to:

a.

Bulk or mass height,

b.

Colors,

c.

Building materials,

d.

Roof lines,

e.

Access,

f.

Views,

g.

Landscaping.

(Ord. 1296, § 1, 7-28-09; Ord. No. 1466, § 69, 70, 3-28-23)

The development standards set forth in the following sections of this chapter shall apply to all construction within the C zone.

(Ord. 1296, § 1, 7-28-09)

Every lot created after the effective date of this chapter shall have a minimum lot area of three thousand seven hundred fifty square feet.

(Ord. 1296, § 1, 7-28-09)

A.

Front Yard. There shall be a front yard having a minimum depth of five feet extending across the full width of the lot.

B.

Side Yard. Side yards adjacent to a street or alley shall be not less than ten feet in width.

C.

Rear Yard. There shall be a rear yard of not less than fifteen feet in width; however, a maximum of ten feet of said rear yard may be used for off-street parking.

D.

Yards Adjacent to Residential Zones. If either the side or rear yards are adjacent to any residential zone or use, a minimum of ten feet of the required yards shall be landscaped with specimen plants and trees (minimum fifteen gallon stock) to create a solid plant screen as represented on a landscaping plan approved by the director.

(Ord. 1296, § 1, 7-28-09; Ord. No. 1466, § 71, 3-28-23)

Coverage of any parcel by roofed structures shall not exceed eighty percent, exclusive of all existing or required streets, sidewalks and alleys.

(Ord. 1296, § 1, 7-28-09)

No building structure shall exceed a height of thirty feet and no building structure shall exceed two stories in the C zone.

(Ord. 1296, § 1, 7-28-09)

All off-street parking shall be provided in accordance with Chapter 17.68 of this code.

(Ord. 1296, § 1, 7-28-09)

The provisions of Chapter 17.68 shall apply in addition to the following:

A.

All open areas with the exception of vehicular accessways and parking areas, pedestrian walkways, approved outdoor seating and sales areas, and paved or covered recreational facilities shall be landscaped and irrigated. Such landscaping and irrigation system shall be permanently maintained. Existing trees to be removed shall be replaced with a substitute specimen trees (minimum thirty-inch box container size) elsewhere on the site.

B.

All planted areas shall be surrounded by a curb of concrete or comparable material at least six inches above the higher of the final grade or the pavement of the parking lot, except when such planted areas lie adjacent to a paved sidewalk, masonry wall or a building.

C.

Landscaping shall consist of trees, shrubs and ground covers with careful consideration given to eventual size, form, susceptibility to disease and pests, durability, water consumption and adaptability to soil and climate conditions.

D.

A landscape plan drawn at a scale of not less than one inch to thirty feet shall be submitted and shall include:

1.

Square footage of each landscaped area;

2.

Total square footage of all landscaped areas;

3.

Percentage of the site devoted to landscaping;

4.

Type of plant materials, i.e., the botanical and common names;

5.

Location of all plant materials;

6.

Container size and number of all plant materials;

7.

Type, size and location of a permanent irrigation system.

(Ord. 1296, § 1, 7-28-09)

A.

A plant screen shall be erected in place of a wall, provided it is:

1.

Sufficient to visually screen the parking area;

2.

Comprised of specimen stock;

3.

Within a planter area of at least four feet in depth;

4.

Provided with a permanent irrigation system;

5.

Compliant with all other provisions of this section for landscaping, including being an integral part of an approved landscaping plan.

B.

A decorative masonry wall of at least thirty inches high may be substituted for a plant screen provided it is constructed and maintained along the perimeter of all off-street parking areas except at points of ingress and egress. Such wall shall be constructed of masonry units not greater than six inches in height.

C.

A landscaped area of at least thirty inches in height may be substituted for a wall or plant screen if the planning commission approves its design, location, scale and landscape treatment pursuant to a permit issued under this chapter.

D.

A decorative concrete, masonry or block wall of at least six feet in height shall be constructed and maintained on the boundary of any use which abuts or which lays across a public alley from a residential zone, except in front setbacks, in which such walls shall be forty-two inches or less in height.

(Ord. 1296, § 1, 7-28-09)

All outdoor trash, garbage and refuse storage areas shall be screened on all sides from public view by a permanent wall at least five and one-half feet high in conformance with the architectural design of the related buildings, including a solid gate of durable opaque material approved by the director. All bins and containers shall be stored within the enclosure with lids closed at all times when not being loaded.

(Ord. 1296, § 1, 7-28-09; Ord. No. 1466, § 72, 3-28-23)

All storage of wares, merchandise, crates, bottles or similar items shall be within a completely enclosed building.

(Ord. 1296, § 1, 7-28-09)

All loading or unloading areas containing a loading dock or similar facility shall be located at such a depth within a completely enclosed building as to reasonably contain and restrict noise. Further, no loading or unloading area shall be visible from a public street, or located within a front yard or side yard adjacent to a public street.

(Ord. 1296, § 1, 7-28-09)

All lighting of the building, landscaping, parking lot or similar facilities shall be shielded and directed away from adjoining properties.

(Ord. 1296, § 1, 7-28-09)

All ground mechanical equipment shall be completely screened behind a permanent structure and all roof top mechanical equipment shall be completely screened from view from street level.

(Ord. 1296, § 1, 7-28-09)

All utilities connections for new construction shall be underground, but utility connections to structures which lawfully preexisted the adoption of this chapter may be maintained.

(Ord. 1296, § 1, 7-28-09)

The following standards apply to development or construction in the commercial zone:

A.

Construction sites shall be maintained free and clear of attractive nuisances and debris and/or fenced or screened as determined by the building inspector;

B.

Sites shall be maintained during construction as not to become an attractive or public nuisance due to storage of material, parking or activities of construction workers;

C.

Any portable toilets shall be set back ten feet from all property lines;

D.

Rubbish and refuse service with the city's franchised hauler shall be required at the time a building permit is issued. Service may be weekly pickup service if accessible by a public street or as otherwise authorized by the director;

E.

Contractors shall submit to the city a complete list of subcontractors for all services and trades and each contractor or subcontractor shall obtain a city business license prior to any work or request for inspection. Work commenced prior to issuance of necessary permits and business licenses shall be subject to double permit fees pursuant to Chapter 15.04 of this code;

F.

Use of the public right-of-way for storage, work, staging, or off-loading requires a permit pursuant to Chapter 12.12 of this code;

G.

Any paved public right-of-way affected by construction shall be cleaned each evening by the contractor. Cleanup shall include, but not be limited to, streets, roadways, gutters, sidewalks and parkways;

H.

Violations of this section may result in the issuance of a stop work order by the building inspector in the manner specified in Chapter 15.05 of this code.

(Ord. 1296, § 1, 7-28-09; Ord. No. 1466, § 73, 3-28-23)