The community commercial ("C-C") district is intended to ensure that development of major and smaller, neighborhood commercial shopping center facilities are planned, designed and implemented in accordance with the best contemporary standards so as to be a commercial and aesthetic asset to the city. The district regulations provide a process for review and approval of the overall shopping center site plan consistent with design guidelines and standards established for that purpose. Property shall be designated in the C-C district only in connection with, and following city receipt of a development application for a community shopping center and a request for rezoning or prezoning to the C-C district. The district provides procedures and standards for modifications of uses and approval of site features and buildings within approved centers. The C-C district is intended to be consistent with areas designated for general commercial or highway commercial uses by the Soledad general plan.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

A master development plan, consisting of a development plan and final plan, as described in Sections 17.22.040 and 17.22.050 of this chapter, shall be processed and approved in accordance with the conditional use permit procedures of Chapter 17.42 of this title prior to initial development of a shopping center in the C-C district. This process will establish the master development plan for the center, including the layout of major elements such as building groups, circulation, parking and landscaped areas, and will determine the precise details of architectural design and execution, signing, and lighting. On sites of at least ten acres, the master development plan may include development and/or use regulations for the C-C site in addition to or in lieu of the provisions of this chapter if approved by the city council. However, to the extent that alternative development and/or use regulations are not established by an approved development plan, the requirements of this chapter shall continue to apply. The procedures herein defined shall be in addition to and shall supersede the requirements of Chapter 17.42 of this title where conflicts exist. Master development plan approval shall proceed as set forth below.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

Prior to submittal of a development plan for consideration and action, the applicant shall submit preliminary plans showing site layout, proposed design theme, and architectural styles for preliminary review and comment by staff, and by the architectural review committee, planning commission and city council. Preliminary plans shall indicate the relationship and functional aspects of the project, including major building placement and orientation, roadway access and vehicular circulation, parking and major areas to be landscaped. The applicant shall consider and reflect comments received during preparation of a complete application for plan approval.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

A.

Submission of Development Plan. Following preliminary plan review, a development plan shall be submitted for approval pursuant to this section. The focus of this development plan shall be the architectural, landscaping, signing and lighting details of the project. Development plans shall generally conform to and meet the standards described in the Community Commercial Design Handbook, adopted by resolution of the city council, and which may be amended from time to time. These standards shall be used in addition to development standards of this chapter and shall take precedence where a conflict exists.

B.

Contents of the Development Plan. A development plan shall provide the details of property development and improvements related to site design, architectural treatment, preliminary landscaping, lighting, pedestrian and vehicular circulation and materials and finish. In addition to the application requirements of the Community Commercial Design Handbook, development plan applications shall provide those items specified by the city's site plan review procedures, Section 17.44.010(A) of this title. Additional information shall be submitted as needed to address the guidelines and standards set forth in the Design Handbook and shall include completion of the checklist contained in the handbook. On building sites of ten or more acres, development plans may also include development regulations and/or a description of uses in addition to or instead of those regulations or uses established by this chapter. Where more than one retail or service business is proposed to operate in a single building or lease area designed for a single business, to the extent possible, the specific building(s) or lease area(s) shall be identified on the development plan. Where development phasing is proposed, a phasing program shall also be provided showing the boundaries, timing and sequencing of development and associated infrastructure improvements within the district.

C.

Development Plan Approval.

1.

A development plan shall be processed in accordance with procedures for a conditional use permit as set forth in Chapter 17.42 of this title except that final approval of the development plan shall be by the city council. If the planning commission consideration is to recommend city council approval of the plan, it shall report such findings and recommendation to the city council by resolution. If the commission determines to deny the plan, such action need not be forwarded to the council and the commission decision shall become final unless appealed pursuant to Chapter 17.46 of this title.

2.

The planning commission, in recommending approval of the development plan, and the city council, in granting approval, must find the plan consistent with the Soledad General Plan and consistent with the development standards of this chapter and Chapters 17.36 and 17.38 of this title, except as otherwise provided herein, and with the Community Commercial Design Handbook. It is intended that, where conflicts arise between standards established in the code and those of the design handbook, that the Community Commercial Design Handbook shall govern.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

A.

Content of Final Development Plan. The final development plan shall consist of the development plan as approved and/or modified by the planning commission and city council, including any additional development and/or use regulations governing the C-C site that may have been required by the city council, along with any other detailed plans such as infrastructure improvement plans, landscaping plan and sign program as reviewed and approved by the architectural review committee, and the parking and loading plan. To the extent possible, the final development plan shall also identify the specific building(s) or lease area(s) where more than one retail sales or service business is proposed to operate in a single building or lease area designed for a single business.

B.

Action by City Council. The city council shall review the final development plan and determine its conformity to the approved development plan as previously approved. If it is determined that the final plan substantially conforms to the approved development plan, the final plan shall be approved by resolution. No conditional use permit approved in the C-C district shall be valid and no building permits or other project entitlements shall be granted until approval of the final plan is obtained.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

Master development plans shall expire and be of no further force if an applicant fails to obtain a building permit(s) for construction authorized by such plans within three years from the date of plan approval. Notwithstanding, upon receipt of a request at least sixty days prior to said expiration date, the planning commission may grant an extension on the validity of the plans of up to three years.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

In the event that the applicant intends to develop the project in phases, and the planning commission or city council, as applicable, approves phased development, such plans shall remain in effect so long as not more than three years lapses between the end of one phase and the beginning of the next phase unless other provisions for phasing are set forth in the approved master development plan.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

Except as provided in Section 17.22.080 of this chapter, any establishment, expansion, enlargement or alteration of a use which is not in substantial conformance with the terms or conditions of the approved master development plan, is prohibited absent an amendment to said plan.

Final approval of an amendment to a master development plan shall be by the planning commission, unless appealed to the city council. The planning commission in granting approval of such an amendment must find: (1) that the proposed amendment is substantially consistent with the intent and content of the approved plan; (2) that the proposed amendment will be consistent with the general plan; and (3) that the establishment, maintenance or operation of the use will not be detrimental to the health, safety, comfort, convenience or general welfare of persons residing or working in the vicinity of the proposed use, or detrimental to property and improvements in the vicinity or to the general welfare of the city.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

Other provisions of this chapter notwithstanding, an amendment to an approved master development plan shall not be required for the establishment, expansion or alteration of a use in the C-C district within, or contiguous to, an approved shopping center where the community development director finds that such development or use would pose a minor deviation from the approved master development plan, is in substantial conformity with the intent and provisions of the approved plan, and is limited to the activities listed in this section. In such cases, the community development director may approve the change through the ministerial site plan review process or, at his discretion, may require that an amendment to the master development plan be prepared for consideration by the planning commission as set forth in Section 17.22.075 of this chapter. Minor changes to an approved master development plan shall include:

A.

An increase in existing building floor area from that approved on the development plan of not more than ten percent of the total project floor area, including the construction of minor accessory buildings or appurtenances, provided that any building expansion would not result in one commercial business or use exceeding a gross floor area of one hundred ten thousand square feet except as otherwise provided by and shown on the approved development plan;

B.

An increase in building height of not more than one story so long as the total building height does not exceed thirty-five feet;

C.

Minor changes to architectural facades, or other embellishments;

D.

Revisions to parking layout;

E.

A change in signing programs;

F.

Revisions to site landscaping;

G.

A change in property use to add or replace an existing use with one permitted in the C-C zone, if associated improvements do not exceed the limitations specified in subsections A and B of this section;

H.

Essential public facilities and utilities including water and sewer lines, etc.;

I.

Reconfigurations to building footprints so long as total building square footage remains the same; and

J.

Minor revisions to building placement.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

A.

The following uses are permitted in the C-C district subject to site plan review, and when located in a community shopping center approved pursuant to these regulations.

1.

All uses permitted in the C-1 district;

2.

Banks and other financial institutions without drive-through services;

3.

On sites of at least ten acres, any other use included in the approved master development plan as a permitted use, that has been determined by the planning commission or city council to be consistent with the provisions of this chapter and the general plan. Such uses may include uses listed in Sections 17.22.100 and 17.22.120 of this chapter; and

4.

On sites of at least ten acres, more than one retail business operating in a single building or lease area designed for a single business, provided that all additional businesses are accessory to the principal business pursuant to Section 17.22.110 of this chapter.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

The following uses shall be permitted in the C-C district subject to a permit as provided for in Chapter 17.42, except as may otherwise be provided for sites of at least ten acres by Section 17.22.090 of this chapter:

A.

Automobile service stations;

B.

Buildings with more than five thousand square feet of gross floor area;

C.

Cocktail lounges when carried on as clearly secondary operations in conjunction with a bona fide restaurant and subject to Chapter 17.38 of this title;

D.

Indoor recreational uses, including, but not limited to, bowling alleys, pool and billiards, and skating rinks;

E.

Day nursery, commercial or institutional, consistent with Section 17.28.060 of this title;

F.

Drive-in restaurant;

G.

Off-sale of liquor products, packaged;

H.

Uses with a drive-through service;

I.

Public and quasi-public buildings, including educational, religious, cultural, civic and recreational centers and similar uses, but excluding corporation yards, storage or repair yards, warehouses and similar uses;

J.

Uses occupying more than five thousand square feet of gross floor area, except that, notwithstanding this provision, this subsection does not apply to those permitted uses allowed by an approved master development plan; and

K.

Any use that the city council determines is consistent with the provisions of this chapter and the general plan and that is not expressly prohibited.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

A.

Accessory structures shall comply with all regulations applicable to the principal structure on a site.

B.

Accessory Uses. A use shall be deemed accessory to a permitted use or conditionally permitted use allowed in the C-C district, if the accessory use:

1.

Is subordinate to and serves a principal use;

2.

Is subordinate in area, extent or purpose devoted to the principal use;

3.

Contributes to the comfort, convenience or necessity of occupants of the principal use; and

4.

Is located on the same lot as the principal use.

C.

More than one retail sales or service business conducted within a single building or lease area. Accessory retail or service businesses operating within a single building or lease area shall not exceed forty percent, individually or combined, of the gross floor area approved for the principal business. All such businesses sharing a single building or lease area shall be disclosed to the community development director as early in the planning process as possible, but in no event, later than the time a request for a building permit for said building or lease area has been submitted.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

A.

Except as otherwise provided in subsection B of this section, the following uses are prohibited in the C-C district:

1.

Sales of used items or clothing;

2.

Thrift shops;

3.

Indoor or outdoor flea markets;

4.

Indoor or outdoor farmer's markets;

5.

More than one retail business operating in a single building or lease area designed for a single business.

B.

A master development plan on sites of at least ten acres may establish any use or uses otherwise prohibited by this section as a permitted or conditional use, if approved by the planning commission and city council.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

The following property development standards and those in Chapters 17.36 and 17.38 of this title apply to all land and structures in the C-C district except as may otherwise be modified by a development plan on sites of at least ten acres approved pursuant to Section 17.22.040 of this chapter.

A.

Lot Area. Subsection M of this section applies.

B.

Lot Dimensions.

1.

Width: No requirements.

2.

Depth: No requirements.

C.

Floor area ratio: 0.40

D.

Building Height.

1.

No building or structure in this district shall have a height greater than two stories, not to exceed thirty-five feet. The height of new structures shall be compatible with adjacent buildings, and, where there are adjoining residences, the height of structures shall be stepped away from residences for privacy protection.

E.

Yards.

1.

Front Yard: Each lot shall have a front yard that is landscaped and maintained extending across the full width of the lot as follows:

a.

Abutting Highway 101 or other state right-of-way — thirty feet.

b.

Abutting a city street — twenty feet.

2.

Side Yard: Each lot shall have side yards that are landscaped and maintained as follows:

a.

Interior lot line — none.

b.

Corner lot line — ten feet.

c.

Adjacent to Highway 101 or other state right-of-way — thirty feet.

d.

Adjacent to residential zone — twenty feet or equivalent to building height whichever is greater.

3.

Rear Yard: Each lot shall have a rear yard extending across the full width of the lot as follows:

a.

Abutting another private property — twenty-five feet or equivalent to building height whichever is greater.

b.

Abutting alley — two feet, with no parking or access.

F.

Space Between Buildings. No requirements.

G.

Lot Coverage. Sixty percent.

H.

Fences, Hedges and Walls. Buffering shall be provided along the property lines of a shopping center when it abuts residential or other sensitive uses in order to protect these uses from light, glare, noise and heat that may be generated by the shopping center. Section 17.36.010 of this title applies. Additional standards are contained in the Community Commercial Design Handbook; these take precedence where in conflict with Section 17.36.010 of this title.

I.

Off-Street Parking. Section 17.36.020 of this title applies.

J.

Access.

1.

there shall be adequate vehicular access from a dedicated and improved street. the access shall be approved by the city engineer.

2.

the city engineer shall specify the location and number of means of ingress and egress to property by conditions established at the time of development plan review.

K.

Signs Section 17.36.030 of this title applies. Additional sign standards are contained in the Community Commercial Design Handbook; these take precedence where in conflict with Section 17.36.030 of this title.

L.

Loading.

1.

The applicant for any use in this district shall demonstrate to the satisfaction of the city that adequate loading space is provided to serve the use. The location of the loading area shall not create an impediment to on or off-site parking or circulation nor create a hazard to public safety.

2.

Where a loading area abuts a residential use, loading shall be limited to the hours of eight a.m. to six p.m. Otherwise, such area shall be located not less than one hundred feet from such use or be completely enclosed.

M.

Size of New District. Two acre minimum.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

Guidelines and standards for architectural character, building design and finish, signage lighting, walls and fences, site design, site amenities, and landscaping and screening for all development in the C-C district are set forth in the "Community Commercial Design Handbook." The "handbook" is adopted as formal city policy by separate resolution of the city council, and may be amended by resolution from time to time. It is intended that where guidelines and standards set forth in the "handbook" conflict with other provisions of the zoning ordinance, that the "handbook" shall prevail.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

Before any parcel is created or any structure, or expansion thereof, is erected in this district, a site plan shall have been submitted to and approved by the community development director, pursuant to the provisions of Chapter 17.44 of this title.

(Ord. 632 § 2 (Exbt. A) (part), 2006)