Ventura City Zoning Code
Division 2
Zoning Regulations
24.250 Zones Within Downtown Specific Plan
24.264 M-P-D Manufacturing Planned Development Zone
1Ord. No. 2020-021, adopted August 3, 2020, amended Chapter 24.264 in its entirety to read as herein set out. Former Chapter 24.264 pertained to the same subject matter and derived from the 1971 Code; Ord. No. 2004-004, adopted January 24, 2000; Ord. No. 2002-05, adopted March 18, 2002; Ord. No. 2010-006, adopted April 26, 2010; Ord. No. 2010-016, adopted November 22, 2010; Ord. No. 2012-024, adopted December 17, 2012; Ord. No. 2017-008, adopted April 17, 2017; and Ord. No. 2019-001, adopted March 18, 2019.
24.270 A Agricultural Zone
2 Cross reference(s): Animals, Chapter 8.50.
24.290 P Parks Zone
3 Cross reference(s): Public parks, beaches and street trees, Title 20.
24.200.010 Contents of zone regulations.
24.200.020 Intent of zone regulations.
The zone regulations establish zones and subzones within the city to allow, prohibit or regulate various uses in different areas of the city. (Code 1971, § 15.200.020)
24.200.030 Division of the city into zones.
In order to carry out the purposes of this zoning ordinance, the city is hereby divided into the following zones:
A. R-1 – Single-Family Zone.
B. R-1-B – Single-Family Beach Zone.
C. R-2 – Two-Family Zone.
D. R-2-B – Two-Family Beach Zone.
E. R-3 – Multiple-Family Zone.
F. MHP – Mobile Home Park Zone.
G. R-P-D – Residential Planned Development Zone.
H. P-O – Professional Office Zone.
I. C-1 – Limited Commercial Zone.
J. C-1A – Intermediate Commercial Zone.
K. C-2 – General Commercial Zone.
L. H-C – Harbor Commercial Zone.
M. C-T-O – Commercial Tourist-Oriented Zone.
N. C-P-D – Commercial Planned Development Zone.
O. T4.1, T4.2, T4.3, T4.4, T5.1, T6.1, and Parks and Open Space Zones within the Downtown Specific Plan.
P. MXD – Mixed-Use Zone.
Q. M-1 – Limited Industrial Zone.
R. M-2 – General Industrial Zone.
S. M-P-D – Manufacturing Planned Development Zone.
T. A – Agricultural Zone.
U. H – Hospital Zone.
V. P – Parks. (Code 1971, § 15.200.030; Ord. No. 2007-009, § 4, 3-26-07)
24.200.040 Division of residential zones into subzones.
In order to carry out the purposes of this zoning ordinance, the residential zones, other than MHP and D-T-R zones, are hereby divided into the following subzones:
A. R-1-1AC.
B. R-1-20.
C. R-1-18.
D. R-1-16.
E. R-1-14.
F. R-1-12.
G. R-1-10.
H. R-1-9.
I. R-1-8.
J. R-1-7.
K. R-1-6.
L. R-3-5.
M. R-3-4.
N. R-3-3.
O. R-3-2.
P. R-3-1. The R-3-1 subzone designation is hereby established as the appropriate designation for the subzone heretofore labeled “R-3” on the city’s zoning map. The minimum lot area per dwelling unit required in the R-3-1 subzone shall be the same minimum lot area per dwelling unit required for any site heretofore designated as in an R-3 subzone on the zoning map.
Q. R-P-D subzones may be designated by a suffix consisting of any number between R-P-D-1U and R-P-D-30U. The number represented by the suffix for each respective subzone shall be the maximum number of dwelling units allowed in that subzone per gross acre. For example: R-P-D-20U is a subzone of the R-P-D zone potentially allowing a maximum of 20 dwelling units per gross acre. (Code 1971, § 15.200.040)
24.200.050 Delineation of zoning districts.
Zone regulations shall apply in each zoning district of corresponding description. The boundaries of zoning districts are delineated on the official zoning district map as provided in Section 24.105.040. (Code 1971, § 15.200.050)
24.200.060 Lot area and lot width requirements.
The following zones and subzones are classified relative to minimum lot areas and minimum lot widths required in each zone or subzone:
Zone or Subzone | Minimum Lot Area: (in square feet) | Minimum Lot Width: (in feet) |
|---|---|---|
R-1-1AC | 43,560 | 125 |
R-1-20 | 20,000 | 100 |
R-1-18 | 18,000 | 95 |
R-1-16 | 16,000 | 95 |
R-1-14 | 14,000 | 90 |
R-1-12 | 12,000 | 90 |
R-1-10 | 10,000 | 80 |
R-1-9 | 9,000 | 75 |
R-1-8 | 8,000 | 75 |
R-1-7 | 7,000 | 70 |
R-1-6 | 6,000 | 60 |
R-1-B | 3,200 | 40 |
R-2-B | 3,200 | 40 |
R-2 | 6,000 | 60 |
R-3 | 6,000 | 60 |
M-H-P | 3,010 | 43 |
P-O | 6,500 | 50 |
M-P-D | 21,780 | 125 |
A | 40 acres | 200 |
(Code 1971, § 15.200.060)
24.200.070 Lot area per dwelling unit.
The following zones and subzones are classified relative to minimum lot area required per dwelling unit in particular zones or subzones. The minimum lot area per dwelling unit required in residential zones or subzones shall be as follows:
Zone/Subzone | Minimum Lot Area for Each Dwelling Unit: (in square feet) |
|---|---|
R-1 | 6,000 |
R-1-B | 3,200 |
R-2-B | 1,600 |
R-2 | 3,000 |
R-3-1 | 800 |
R-3-2 | 1,200 |
R-3-3 | 1,600 |
R-3-4 | 2,000 |
R-3-5 | 2,400 |
(Code 1971, § 15.200.070)
24.200.080 Residential zones.
Unless otherwise specified herein, the following zones, and any subzones included in the following zones, are “residential” zones for the purposes of this zoning ordinance:
A. R-1.
B. R-1-B.
C. R-2.
D. R-2-B.
E. R-3.
F. MHP.
G. R-P-D.
H. Those portions of the T4.1, T4.2, T4.3, T4.4, T5.1, and T6.1 zoning districts designated for residential use in the downtown specific plan. (Code 1971, § 15.200.080; Ord. No. 2007-009, § 5, 3-26-07)
24.200.090 Commercial zones.
Unless otherwise specified herein, the following zones, and any subzones included in the following zones, are “commercial” zones for the purposes of this zoning ordinance:
A. C-1.
B. C-1A.
C. C-2.
D. H-C.
E. C-T-O.
F. C-P-D.
G. MXD.
H. Those portions of the T4.1, T4.2, T4.3, T4.4, T5.1, and T6.1 zoning district designated for commercial use in the downtown specific plan. (Code 1971, § 15.200.090; Ord. No. 2007-009, § 5, 3-26-07)
24.200.100 Industrial zones.
Unless otherwise specified herein, the following zones, and any subzones included in the following zones, are “industrial” zones for the purposes of this zoning ordinance:
A. M-1.
B. M-2.
C. M-P-D. (Code 1971, § 15.200.100)
24.210.010 Chapter description.
This chapter establishes the R-1 single-family zone also known as the “R-1” zone, and prescribes use types and other regulations for this zone. Any applicable overlay zones described in Chapters 24.300 through 24.399 may impose regulations in addition to those prescribed by this chapter for the R-1 zone. (Code 1971, § 15.210.010)
24.210.020 Uses – Permitted.
The following use types are permitted in the R-1 zone, subject to the provisions of this chapter:
A. Residential.
Family Residential: Mobile Home.
Family Residential: Single-Family.
Farm Employee Housing.
Residential Care.
B. General.
Government Services.
Recreation Services: Public Parks and Playgrounds.
Recycling Services: Consumer Recycling Collection Points.
Wireless Telecommunications Facilities: Mini.
Wireless Telecommunications Facilities: Minor.
C. Agricultural. None. (Code 1971, § 15.210.020; Ord. No. 2000-04, § 4, 1-24-00; Ord. No. 2004-007, § 5, 4-19-04; Ord. No. 2010-016, § 7, 11-22-10; Ord. No. 2012-017, § 2, 9-10-12; Ord. No. 2021-017, § 10, 12-13-21)
24.210.030 Uses – Subject to a use permit.
The following use types may be permitted subject to the provisions of this chapter; and further provided, that a use permit is approved pursuant to Chapter 24.520:
A. Residential.
Farm Employee Housing.
B. General.
Automotive and Accessories: Parking.
Community Meeting.
Cultural and Library Services.
Day Care Centers.
Education Services: General.
Group Care.
Lodging Services: Bed and Breakfast Inns.
Nursery Sales.
Safety Services.
Utility or Equipment Substations.
Wireless Telecommunications Facilities: Major.
C. Agricultural.
Animal Husbandry.
Crop Production.
Horticulture: Cultivation.
Indoor Production. (Code 1971, § 15.210.030; Ord. No. 2000-04, § 5, 1-24-00; Ord. No. 2004-007, § 6, 4-19-04; Ord. No. 2012-017, § 3, 9-10-12)
24.210.040 Uses – Incidental.
Incidental uses as defined in Chapter 24.110 may be permitted. (Code 1971, § 15.210.040)
24.210.050 Uses – Special provisions.
Uses listed in Sections 24.210.020 through 24.210.040 must also comply with the following special provisions:
A. Reserved.
B. Design Review. Design review approval must be obtained to the extent required by Chapter 24.545.
C. Temporary Uses. Temporary uses may be conducted in the R-1 zone only to the extent permitted by Chapter 24.120.
D. Home Occupations. Home occupations may be conducted in the R-1 zone only to the extent permitted by Chapter 24.125.
E. Accessory Dwelling Units. Accessory dwelling units must comply with the provisions of Chapter 24.430.
F. Factory-Built Homes. Factory-built homes may be used for residential purposes in the same manner as conventional site-built housing subject to the provisions of this chapter.
G. Group Care. All Group Care uses must comply with the provisions of Chapter 24.435.
H. Mobile Homes. Uses classified as Family Residential: Mobile Home use types must be located on a permanent foundation system and must comply with the following architectural standards:
1. Roofing and siding materials shall be nonreflective; and
2. Roofs shall have a minimum roof overhang of 16 inches.
I. Domestic Animals. Domestic animals, as defined in Chapter 24.110, are permitted; provided, that no more than six adult animals over the age of four months are permitted per dwelling unit; and further provided, that no more than three adult dogs shall be permitted per dwelling unit.
J. Livestock Animals. Livestock animals are permitted in the R-1 zone only to the extent allowed by subsections K and L of this section.
K. Livestock Animal Raising – Group-Sponsored Projects. Rabbits, sheep, goats, and fowl, other than roosters, may be raised, kept, or maintained as an incidental use of a site in the R-1 zone for 4-H or other organized group-sponsored projects only if a director’s permit is approved pursuant to Chapter 24.505 to authorize the raising of such animals and only if the following provisions of this subsection are met:
1. No such livestock animal or animals shall be raised, kept or maintained without a valid director’s permit. All terms and conditions of the required director’s permit shall be complied with at all times;
2. No more than a total of four such livestock animals, including fowl, shall be raised, kept or maintained on any one lot;
3. No such livestock animal, including fowl, shall be housed, stabled, lodged, confined, or otherwise maintained within 35 feet of any school, church, hospital, place of business, residence, dwelling unit, or other building used for human habitation other than any dwelling units on the subject site;
4. Any lot used for the keeping of sheep or goats for this type of project must have a minimum lot area of 6,000 square feet;
5. An application packet for a director’s permit, including an application form, fees, a neighbor consent form, and other related materials specified by the director, shall be filed with the director; and
6. If all the residents and property owners of properties abutting the subject site have signed a neighbor consent form, the director shall review and consider the director’s permit application to determine whether the requirements of this subsection are met. If one or more of the adjacent neighbors do not sign the neighbor consent form, the director shall review and consider the application following a public hearing for which notice has been given as provided pursuant to Chapter 24.560.
L. Animal Husbandry – Livestock Animals. Animal Husbandry uses involving livestock animals are permitted in the R-1 zone only to the extent allowed by this subsection:
1. Animal Husbandry uses carried out in the R-1 zone are limited to the raising of dogs, cats, horses, cows, oxen, sheep, goats, and fowl, not including roosters;
2. No such livestock animals shall be raised, kept, or maintained on a lot having an area of less than one acre;
3. The number of such livestock animals allowed shall not exceed two adult animals and their immature offspring per one acre;
4. The total number of such livestock animals on any one site, regardless of its total acreage, shall not exceed four adult animals and their immature offspring; and
5. No such livestock animal, including fowl, shall be housed, stabled, lodged, confined, or otherwise maintained within 35 feet of any dwelling unit or other building used for human habitation or within 100 feet of any public park, school, hospital, or similar institution.
M. Animal Husbandry – Domestic Animals. Animal Husbandry uses involving domestic animals, as defined in Chapter 24.110, are permitted in the R-1 zone only to the extent allowed by this subsection:
1. Animal Husbandry uses involving domestic animals in the R-1 zone are limited to the commercial raising, for purposes of sale, of domestic animals;
2. No such domestic animals shall be kept or maintained on the site for purposes other than raising such animals for subsequent sale. Boarding, training or otherwise keeping any such domestic animal not owned by a person residing at the site is prohibited;
3. No such domestic animals shall be raised, kept, or maintained on a lot having an area of less than 6,000 square feet;
4. The number of such animals allowed shall not exceed two adult animals and their immature offspring per each 6,000 square feet of lot area;
5. The total number of such domestic animals on any one site, regardless of its total acreage, shall not exceed four adult animals and their immature offspring; and
6. No such domestic animal shall be housed, stabled, lodged, confined, or otherwise maintained within 35 feet of any dwelling unit, or other building used for human habitation, except for the dwelling unit on that site, or within 100 feet of any public park, school, hospital, or similar institution.
N. Recycling Services: Consumer Recycling Collection Points. Uses classified in the Recycling Services: Consumer Recycling Collection Points use type must comply with the provisions of Chapter 24.485.
O. Wild Animals. Wild animals may be permitted in the R-1 zone only if all the following requirements of this subsection are met:
1. The only wild animals that may be permitted are:
a. Chipmunks or squirrels.
b. Turtles.
c. Raccoons.
d. Marmoset, spider or squirrel monkeys.
e. Nonpoisonous snakes.
f. Hawks, falcons or other raptors.
2. No such wild animal may be kept or maintained unless any and all permits required by the California Department of Fish and Wildlife have been approved therefor; and
3. No such wild animal shall be housed, stabled, lodged, confined, or otherwise maintained within 35 feet of any school, church, hospital, place of business, residence, dwelling unit, or other building used for human habitation other than the dwelling unit on the subject site.
4. Such wild animals may only be kept and maintained for noncommercial purposes.
P. Wireless Telecommunications Facilities: Minor. Uses classified in the Wireless Telecommunications Facilities: Minor use type shall require a director’s permit pursuant to Chapter 24.505.
Q. Farm Employee Housing. All Farm Employee Housing uses must comply with the provisions of Section 24.435.030. (Code 1971, § 15.210.050; Ord. No. 2000-04, § 6, 1-24-00; Ord. No. 2001-13, § 3, 7-17-01; Ord. No. 2010-016, § 8, 11-22-10; Ord. No. 2012-017, § 4, 9-10-12; Ord. No. 2021-017, § 10, 12-13-21)
24.210.060 Standards – Density.
A. Lot Area and Lot Width. Each lot in an R-1 zone shall have a minimum lot area and minimum average width pursuant to Section 24.200.040 and the applicable R-1 subzone designation as indicated on the official zoning district map.
B. Lot Coverage.
1. Except for the Pierpont-Keys (Tract 1601) waterfront lots as more particularly described in city council Resolution No. 5600 approved September 23, 1963, approving the tentative tract map for Tract 1601 the total building area of a lot in the R-1 zone, shall not exceed 35 percent of the lot area.
2. All Pierpont-Keys (Tract 1601) waterfront lots shall comply with the following building area limitations; provided, that any windscreen, sunscreen, patio cover, or patio enclosure which complies with Sections 24.210.120(A) through (E) shall not be included in lot coverage calculations:
a. The building area of a lot which includes a single-story primary dwelling unit shall not exceed 50 percent of the lot area.
b. The building area of a lot which includes a two-story primary dwelling unit shall not exceed 45 percent of the lot area.
c. The building area of a lot which includes a two-and-one-half-story primary dwelling unit shall not exceed 35 percent of the lot area. (Code 1971, § 15.210.060)
24.210.070 Standards – Height.
A. Height Determination. The height of buildings and other structures in the R-1 zone shall be determined in accordance with Section 24.405.040.
B. Maximum Height. Regardless of the number of stories comprising a building or structure, no portion of a building or other structure in the R-1 zone shall exceed 30 feet in height except as provided in Section 24.405.030.
C. Maximum Number of Stories. Buildings and other structures in the R-1 zone shall not exceed two and one-half stories in height. Except as provided by subsection D of this section, a half-story shall be limited to the top story.
D. Half-Story on Grade. In any R-1 zone, a first floor half-story may be allowed on a lot with a natural slope of 10 percent or more as measured from the front lot line to the rear lot line; provided, that such half-story does not exceed 50 percent of the maximum allowed buildable area; and further provided, that in no case shall the number of stories exceed two and one-half.
E. Stepbacks. Any story below a half-story shall not exceed a ceiling or roof height greater than 22 feet above the average natural grade feet in accordance with Section 24.405.040. (Code 1971, § 15.210.070; Ord. No. 2001-10, § 3, 6-18-01)
24.210.080 Standards – Yards.
Fences, walls or other uses of yards in the R-1 zone shall comply with the yard requirements set forth in Chapter 24.410. (Code 1971, § 15.210.080)
24.210.090 Standards – Setbacks.
Buildings and other structures, not including fences or walls, on a lot in the R-1 zone shall comply with the following setback requirements:
A. Front Setbacks.
1. Except for the Pierpont-Keys (Tract 1601) waterfront lots, each lot shall have a front setback of not less than 20 percent of the depth of the lot; provided, that such setback need not exceed 25 feet.
2. All Pierpont-Keys (Tract 1601) waterfront lots shall have a front setback of not less than 15 feet.
B. Side Setbacks.
1. For interior lots, there shall be a side setback on each side of the lot of not less than 10 percent of the width of said lot; provided, that such side setback need not exceed five feet and shall not be less than three feet.
2. For corner lots or reversed corner lots, the side setback required for each interior side shall be as set forth in subsection (B)(1) of this section for interior lots and the side setback required for each street side of any such lot shall not be less than one-half the required front yard setback but need not exceed 10 feet.
C. Rear Setbacks.
1. Except for the Pierpont-Keys (Tract 1601) waterfront lots, each lot shall have a rear setback of not less than 25 percent of the depth of the lot; provided, that such rear setback need not exceed 25 feet.
2. All Pierpont-Keys (Tract 1601) waterfront lots shall have a rear setback of not less than 15 feet to the nearest portion of the structure including second story balconies, but not including structures that are regulated by Section 24.210.120. (Code 1971, § 15.210.090)
24.210.100 Standards – Accessory structures.
Accessory structures, as defined in Chapter 24.110, shall only be allowed to the extent such accessory structures comply with subsections A through D of this section. Accessory dwelling units are subject to Chapter 24.340:
A. The portion of any accessory structures used for required parking (e.g., garage, carport), shall provide for adequate ingress and egress as determined by the director;
B. The portion of any accessory structure that contains a habitable room shall not be located closer than three feet to any lot line, regardless of the location of the accessory structure on the lot;
C. All accessory structures are subject to compliance with all Uniform Building Code requirements, including, but not limited to, separation between structures;
D. In addition to the applicable provisions of subsections A through C of this section, a detached accessory structure may be located in the required yard areas only to the extent allowed by this subsection D as follows:
1. Detached accessory structures may be entirely or partially located in a required rear yard as long as these accessory structures do not occupy more than 50 percent of that required rear yard;
2. Detached accessory structures may be partially or entirely located in the portion of the required side yard which overlaps the required rear yard;
3. Detached accessory structures may be partially or entirely located in one of the required front yards of a through lot; provided, that such accessory structure is set back from the nearest front lot line a distance of not less than 10 percent of the depth of the lot but need not exceed a setback of 25 feet, and at least five feet from any side lot line;
4. Where the average natural grade of a required front setback line is more than eight feet above the average established curb grade of the street upon which the lot abuts, a garage may be erected so as to extend into the required front yard or required side yard, but not so as to extend closer than five feet to any street property line; and
5. All detached accessory structures located in required yard areas shall not exceed one story in height and shall be no more than 14 feet in height. (Code 1971, § 15.210.100; Ord. No. 2021-017, § 10, 12-13-21)
24.210.110 Standards – Attached patio covers.
Except for the Pierpont-Keys (Tract 1601) waterfront lots, a patio cover attached to a dwelling unit may be located partially or entirely in a required rear yard subject to all of the following provisions:
A. Width of Covering. The width of such patio cover shall not exceed one-half of the width of the lot upon which it is located.
B. Location of Supports. Supports shall be a minimum of 12 feet from the rear lot line and a minimum of five feet from each of the side lot lines.
C. Overhang Allowable. Eave overhangs shall be a minimum of 10 feet from the rear lot line and a minimum of three feet from each of the side lot lines.
D. Side Enclosure Prohibited. No enclosure of any kind shall be permitted on any nonattached side of such structure.
E. Coverage of Building Area Limited. The area of the attached patio cover combined with the area of all other buildings and structures on the lot shall not exceed the maximum lot coverage permitted in this chapter. (Code 1971, § 15.210.110)
24.210.120 Standards – Patio covers for the Pierpont-Keys lots.
The use of patio covers and patio enclosures in the required rear yards of the Pierpont-Keys (Tract 1601) waterfront lots shall be subject to all of the following provisions:
A. Eaves and supports of patio covers or patio enclosures and windscreens may extend to the rear lot line;
B. Eaves and supports of patio covers or patio enclosures shall be set back from each of the side property lines by a minimum of 10 percent of the lot width;
C. Patio covers or sunscreens shall be constructed of lattice, slats, or other similar materials which allow for the free movement of light and air through at least 50 percent of the cover surface. Portable covers or removable elements such as cloth awnings are prohibited;
D. Patio covers or sunscreens may have vertical enclosures on one-half of the perimeter of the unattached sides of the cover. Where no patio cover or sunscreen is proposed, windscreens may be constructed on one-half of the perimeter of the required rear yard area;
E. Windscreens or enclosures shall be of a clear, transparent material such as glass or plastic. A minimum distance of 36 inches on center shall be provided between vertical support members. Vertical support members shall have a maximum overall dimension of six inches unless larger supports are structurally necessary. A maximum of the bottom 24 inches of the enclosure or windscreen, as measured from the finished floor level of the patio floor, may be of nontransparent material to act as a support for the upper portion. Windscreens may be moveable, so as to allow them to be rearranged to optimally block the wind; and
F. Any windscreen, sunscreen, patio cover or patio enclosure which complies with all of subsections A through E of this section shall not be included in lot coverage calculations. (Code 1971, § 15.210.120)
24.210.130 Standards – Other.
The following development regulations and standards shall also apply within the R-1 zone:
A. Parking. Off-street parking shall be provided for all uses in the R-1 zone as required by Chapter 24.415.
B. Signs. All signs must comply with the provisions of Chapter 24.420.
C. Coastal Development. All development within the CP overlay zone must comply with the provisions of Chapters 24.310 and 24.515.
D. Coastal Bluff Development. All development within the CB overlay zone must comply with the provisions of Chapters 24.310, 24.315, and 24.515.
E. Floodplain Overlay Zone. All development within a designated FP overlay zone must comply with the provisions of Chapters 24.320 and 24.530.
F. Open Storage. Open storage in a front yard is not permitted in the R-1 zone.
G. Vehicle Repair. No vehicles may be repaired on sites occupied by residential land uses unless all the following conditions are met:
1. The vehicle under repair must be owned by the current resident of the property upon which the repairs are being made.
2. Registration or proof of current ownership of the vehicle being repaired shall be available for inspection on the premises at all times while the vehicle is under repair.
3. Vehicle repairs may be conducted only between the hours of 7:00 a.m. and 10:00 p.m.
4. Repair of a particular vehicle shall be conducted and completed in no more than 30 days.
5. Storage of any vehicle under repair, or storage of parts of a vehicle, upon a public street or alley or upon an unpaved yard area, other than a driveway, is prohibited.
6. Body work on a vehicle is prohibited.
7. Painting of a vehicle or any portion of a vehicle is prohibited. (Code 1971, § 15.210.130)
24.210.140 Density review.
Prior to issuance of building permits, floor plans may be reviewed by the director to determine that density standards will not be exceeded. In order to preclude or lessen the possibility that density standards will be exceeded, or that unlawful density increases will occur in the future, no more than one kitchen shall be allowed per dwelling unit. In the density review process, additional changes may be required in the placement of exterior doors, windows, stairways, hallways, utility connections, or other fixtures or architectural features when determined by the director to be necessary or desirable to preclude or lessen the likelihood of unlawful density increases. (Code 1971, § 15.210.140)
24.210.150 Nonconformance.
All nonconforming uses, nonconforming structures, and nonconforming lots are subject to the provisions of Chapter 24.465. (Code 1971, § 15.210.150)
24.212.010 Chapter description.
This chapter establishes the R-1-B residential single-family beach zone also known as the R-1-B zone, and prescribes use types and other regulations for this zone. Any applicable overlay zones described in Chapters 24.300 through 24.399 may impose regulations in addition to those prescribed by this chapter for the R-1-B zone. (Code 1971, § 15.212.010)
24.212.020 Uses – Permitted.
The following use types are permitted subject to the provisions of this chapter:
A. Residential.
Family Residential: Mobile Home.
Family Residential: Single-Family.
Residential Care.
B. General.
Government Services.
Recreation Services: Public Parks and Playgrounds.
Wireless Telecommunications Facilities: Mini.
Wireless Telecommunications Facilities: Minor.
C. Agricultural.
None. (Code 1971, § 15.212.020; Ord. No. 2000-04, § 7, 1-24-00; Ord. No. 2010-016, § 7, 11-22-10)
24.212.030 Uses – Subject to a use permit.
The following use types may be permitted subject to the provisions of this chapter; and further provided, that a use permit is approved pursuant to Chapter 24.520:
A. Residential.
None.
B. General.
Automotive and Accessories: Parking.
Community Meeting.
Day Care Centers.
Education Services: General.
Group Care.
Safety Services.
Utility or Equipment Substations.
Wireless Telecommunications Facilities: Major.
C. Agricultural.
None. (Code 1971, § 15.212.030; Ord. No. 2000-04, § 8, 1-24-00)
24.212.040 Uses – Incidental.
Incidental uses as defined in Chapter 24.110 may be permitted. (Code 1971, § 15.212.040)
24.212.050 Uses – Special provisions.
Uses listed in Sections 24.212.020 through 24.212.040 must also comply with the following special provisions:
A. Design Review. Design review approval must be obtained to the extent required by Chapter 24.545.
B. Temporary Uses. Temporary uses may be conducted in the R-1-B zone only to the extent permitted by Chapter 24.120.
C. Home Occupations. Home occupations may be conducted in the R-1-B zone only to the extent permitted by Chapter 24.125.
D. Factory-Built Homes. Factory-built homes may be used for residential purposes in the same manner as conventional site-built housing, subject to the provisions of this chapter.
E. Group Care. Group Care uses must comply with the provisions of Chapter 24.435.
F. Domestic Animals. Domestic animals, as defined in Chapter 24.110, are permitted; provided, that no more than six adult animals over the age of four months are permitted per dwelling unit; and further provided, that no more than three adult dogs shall be permitted per dwelling unit.
G. Livestock Animals. Livestock animals are not permitted in the R-1-B zone.
H. Wild Animals. Wild animals are not permitted in the R-1-B zone.
I. Wireless Telecommunications Facilities: Minor. Uses classified in the Wireless Telecommunications Facilities: Minor use type shall require a director’s permit pursuant to Chapter 24.505. (Code 1971, § 15.212.050; Ord. No. 2000-04, § 9, 1-24-00)
24.212.060 Standards – Density.
A. Lot Area. Each lot in this zone shall have a minimum area of 3,200 square feet.
B. Lot Width. Each lot in this zone shall have a minimum average width of 40 feet.
C. Lot Coverage. The total building area of a lot in the R-1-B zone, including accessory structures, shall not occupy more than 40 percent of the lot area. (Code 1971, § 15.212.060)
24.212.070 Standards – Height.
A. Height Determination. The height of buildings and other structures in the R-1-B zone shall be determined in accordance with Section 24.405.040.
B. Maximum Height. Regardless of the number of stories comprising a building or structure, no portion of a building or other structure in the R-1-B zone shall exceed 30 feet in height except as provided in Section 24.405.030. Any building or other structure more than 22 feet in height shall comply with Section 24.212.100.
C. Maximum Number of Stories. Buildings and other structures in the R-1-B zone shall not exceed two and one-half stories in height. The longest dimension of a half-story shall not be parallel to the coastline. Except as provided by subsection D of this section, a half-story shall be limited to the top story.
D. Half-Story on Grade. In any R-1-B zone, a first floor half-story may be allowed on a lot with a natural slope of 10 percent or more as measured from the front lot line to the rear lot line; provided, that such half-story does not exceed 50 percent of the maximum allowed buildable area; and further provided, that in no case shall the number of stories exceed two and one-half.
E. Stepbacks. Any story below a half-story shall not exceed a ceiling or roof height greater than 22 feet above the average natural grade feet in accordance with Section 24.405.040. (Code 1971, § 15.212.070; Ord. No. 2001-10, § 4, 6-18-01)
24.212.080 Standards – Yards.
Fences, walls, or other uses of yards in the R-1-B zone shall comply with the yard requirements set forth in Chapter 24.410. No lot reorientation shall be permitted whereby existing lots which have side yards abutting Shore Drive are reconfigured so as to create a front yard abutting Shore Drive. (Code 1971, § 15.212.080)
24.212.090 Standards – Setbacks.
Buildings and other structures, not including fences or walls, on a lot in the R-1-B zone shall comply with the following setback requirements:
A. Front Setbacks. Each lot in this zone shall have a required front setback of not less than 20 feet; provided, that:
1. For through lots, there shall be a front setback of not less than 20 feet from the primary street from which vehicular access to each lot is obtained. The setback requirement from the secondary street shall not be less than 15 feet; and
2. For lots which front on Shore Drive, the front setback shall be a minimum of 10 feet.
B. Side Setbacks. Each lot in this zone shall meet side setback requirements as set forth in this subsection B:
1. For interior lots, there shall be a side setback on each side of the lot of not less than 10 percent of the width of such lot; provided, that such required side setback need not exceed five feet in width;
2. For corner lots and reversed corner lots, including those lots having a side lot line abutting Shore Drive, the required interior side setback shall be as set forth above for interior lots in subsection (B)(1) of this section. The side setback required on the street side shall be not less than 10 feet;
C. Rear Setbacks. Each lot in this zone shall have a required rear setback of not less than 15 feet. (Code 1971, § 15.212.090)
24.212.100 Standards – Stepbacks.
Any portion of a building or other structure over 22 feet in height shall be set back at least an additional 10 feet beyond the required front setback line. (Code 1971, § 15.212.100)
24.212.110 Standards – Accessory structures.
Accessory structures are not permitted in required yard areas. (Code 1971, § 15.212.110)
24.212.120 Standards – Other.
The following development regulations and standards shall also apply within the R-1-B zone:
A. Parking. Off-street parking shall be provided for all uses in the R-1-B zone as required by Chapter 24.415;
B. Signs. All signs must comply with the provisions of Chapter 24.420;
C. Coastal Development. All development within the CP overlay zone must comply with the provisions of Chapters 24.310 and 24.515;
D. Floodplain Overlay Zones. All development within a designated floodplain (FP) overlay zone must comply with the provisions of Chapters 24.320 and 24.530;
E. Open Storage. Open storage in the front yard is not permitted in this zone;
F. Mobile Homes. Uses classified as Family Residential: Mobile Home use types must be located on a permanent foundation system and must comply with the following architectural standards:
1. Roofing and siding materials shall be nonreflective; and
2. Roofs shall have a minimum roof overhang of 16 inches.
G. Vehicle Repair. No vehicles may be repaired on sites occupied by residential land uses unless all the following conditions are met:
1. The vehicle under repair must be owned by the current resident of the property upon which the repairs are being made.
2. Registration or proof of current ownership of the vehicle being repaired shall be available for inspection on the premises at all times while the vehicle is under repair.
3. Vehicle repairs may be conducted only between the hours of 7:00 a.m. and 10:00 p.m.
4. Repair of a particular vehicle shall be conducted and completed in no more than 30 days.
5. Storage of any vehicle under repair, or storage of parts of a vehicle, upon a public street or alley or upon an unpaved yard area, other than a driveway, is prohibited.
6. Body work on a vehicle is prohibited.
7. Painting of a vehicle or any portion of a vehicle is prohibited. (Code 1971, § 15.212.120)
24.212.130 Density review.
Prior to issuance of building permits, floor plans may be reviewed by the director to determine that density standards will not be exceeded. In order to preclude or lessen the possibility that density standards will be exceeded, or that unlawful density increases will occur in the future, no more than one kitchen shall be allowed per dwelling unit. In the density review process, additional changes may be required in the placement of exterior doors, windows, stairways, hallways, utility connections, or other fixtures or architectural features when determined by the director to be necessary or desirable to preclude or lessen the likelihood of unlawful density increases. (Code 1971, § 15.212.130)
24.212.140 Nonconformance.
All nonconforming uses, nonconforming structures, and nonconforming lots are subject to the provisions of Chapter 24.465. (Code 1971, § 15.212.140)
24.214.010 Chapter description.
This chapter establishes the R-2 two-family zone also known as the R-2 zone, and prescribes use types and other regulations for this zone. Any applicable overlay zones described in Chapters 24.300 through 24.399 may impose regulations in addition to those prescribed by this chapter for the R-2 zone. (Code 1971, § 15.214.010)
24.214.020 Uses – Permitted.
The following use types are permitted, subject to the provisions of this chapter:
A. Residential.
Family Residential: Mobile Home.
Family Residential: Single-Family.
Family Residential: Two-Family.
Residential Care.
Residential Condominiums.
B. General.
Government Services.
Recreation Services: Public Parks and Playgrounds.
Recycling Services: Consumer Recycling Collection Points.
Wireless Telecommunications Facilities: Mini.
Wireless Telecommunications Facilities: Minor.
C. Agricultural.
None. (Code 1971, § 15.214.020; Ord. No. 2000-04, § 10, 1-24-00)
24.214.030 Uses – Subject to a use permit.
The following use types may be permitted subject to the provisions of this chapter; and further provided, that a use permit is approved pursuant to Chapter 24.520:
A. Residential.
None.
B. General.
Automotive and Accessories: Parking.
Community Meeting.
Cultural and Library Services.
Day Care Centers.
Education Services: General.
Group Care.
Lodging Services: Bed and Breakfast Inns.
Nursery Sales.
Safety Services.
Utility or Equipment Substations.
Wireless Telecommunications Facilities: Major.
C. Agricultural.
None. (Code 1971, § 15.214.030; Ord. No. 2000-04, § 11, 1-24-00)
24.214.040 Uses – Incidental.
Incidental uses as defined in Chapter 24.110 may be permitted. (Code 1971, § 15.214.040)
24.214.050 Uses – Special provisions.
Uses listed in Sections 24.214.020 through 24.214.040 shall also comply with the following special provisions:
A. Design Review. Design review approval must be obtained to the extent required by Chapter 24.545.
B. Planned Development Permit. Approval of a planned development permit pursuant to Chapter 24.525, or amendment pursuant to Chapter 24.570, is required for any construction of new structures or additions or alterations to existing structures in conjunction with, or in any way related to the residential condominium conversion in the R-2 zone.
C. Accessory Dwelling Units. Accessory dwelling units must comply with the provisions of Chapter 24.430.
D. Temporary Uses. Temporary uses may be conducted in the R-2 zone only to the extent permitted by Chapter 24.120.
E. Home Occupations. Home occupations may be conducted in the R-2 zone only to the extent permitted by Chapter 24.125.
F. Factory-Built Homes. Factory-built homes may be used for residential purposes in the same manner as conventional site-built housing, subject to the provisions of this chapter.
G. Group Care. Group Care uses must comply with the provisions of Chapter 24.435.
H. Domestic Animals. Domestic animals, as defined in Chapter 24.110, are permitted; provided, that no more than six adult animals over the age of four months are permitted per dwelling unit; and further provided, that no more than three adult dogs shall be permitted per dwelling unit.
I. Livestock Animals. Livestock animals are not permitted in the R-2 zone.
J. Wild Animals. Wild animals are not permitted in the R-2 zone.
K. Recycling Services: Consumer Recycling Collection Points. Uses classified in the Recycling Services: Consumer Recycling Collection Points use type must comply with the provisions of Chapter 24.485.
L. Wireless Telecommunications Facilities: Minor. Uses classified in the Wireless Telecommunications Facilities: Minor use type shall require a director’s permit pursuant to Chapter 24.505. (Code 1971, § 15.214.050; Ord. No. 2000-04, § 12, 1-24-00; Ord. No. 2001-13, § 4, 7-17-01; Ord. No. 2021-017, § 11, 12-13-21)
24.214.060 Standards – Density.
Each lot in an R-2 zone shall comply with the following lot area, lot width, and lot coverage standards:
A. Lot Area. Each lot in this zone shall have a minimum area of 6,000 square feet.
B. Lot Width. Each lot in this zone shall have a minimum average width of 60 feet.
C. Lot Coverage. All buildings on a lot, including accessory structures, shall not occupy more than 60 percent of the lot area. (Code 1971, § 15.214.060)
24.214.070 Standards – Height.
A. Height Determination. The height of buildings and other structures in the R-2 zone shall be determined in accordance with Section 24.405.040.
B. Maximum Height. Regardless of the number of stories comprising a building or structure, no portion of a building or other structure in the R-2 zone shall exceed 30 feet in height except as provided in Section 24.405.030.
C. Maximum Number of Stories. Buildings and other structures in the R-2 zone shall not exceed two and one-half stories in height. Except as provided by subsection D of this section, a half-story shall be limited to the top story.
D. Half-Story on Grade. In any R-2 zone, a first floor half-story may be allowed on a lot with a natural slope of 10 percent or more as measured from the front lot line to the rear lot line; provided, that such half-story does not exceed 50 percent of the maximum allowed buildable area; and further provided, that in no case shall the number of stories exceed two and one-half.
E. Stepbacks. Any story below a half-story shall not exceed a ceiling or roof height greater than 22 feet above the average natural grade feet in accordance with Section 24.405.040. (Code 1971, § 15.214.070; Ord. No. 2001-10, § 5, 6-18-01)
24.214.080 Standards – Yards.
Fences, walls, and other uses of yards in the R-2 zone shall comply with the yard requirements contained in Chapter 24.410. (Code 1971, § 15.214.080)
24.214.090 Standards – Setbacks.
Buildings and other structures, not including fences or walls, on a lot in the R-2 zone shall comply with the following setback requirements:
A. Front Setbacks. Each lot in this zone shall have a required front setback of not less than 20 percent of the depth of the lot; provided, that such front setback need not exceed 25 feet.
B. Side Setbacks. Each lot in this zone shall have side setbacks as set forth in this subsection B:
1. For interior lots, there shall be a side setback on each side of the lot of not less than 10 percent of the width of the lot; provided, that such side setback need not exceed five feet and shall not be less than three feet in width;
2. For corner lots or reversed corner lots, the side setback required for each interior side shall be as set forth in subsection (B)(1) of this section for interior lots and the side setback required for each street side of any such lot shall not be less than one-half the required front yard setback, but need not exceed 10 feet.
C. Rear Setbacks. Each lot in this zone shall have a rear setback of not less than 25 percent of the depth of the lot; such rear setback need not exceed 25 feet. (Code 1971, § 15.214.090)
24.214.100 Standards – Accessory structures.
Accessory structures, as defined in Chapter 24.110, shall only be allowed to the extent such accessory structures comply with subsections A through D of this section. Accessory dwelling units are subject to Chapter 24.340:
A. The portion of any accessory structures used for required parking (e.g., garage, carport), shall provide for adequate ingress and egress as determined by the director;
B. The portion of any accessory structure that contains a habitable room shall not be located closer than three feet to any lot line, regardless of the location of the accessory structure on the lot;
C. All accessory structures are subject to compliance with all Uniform Building Code requirements, including, but not limited to, separation between structures;
D. In addition to the applicable provisions of subsections A through C of this section, a detached accessory structure may be located in the required yard areas only to the extend allowed by this subsection D as follows:
1. Detached accessory structures may be entirely or partially located in a required rear yard as long as these accessory structures do not occupy more than 50 percent of that required rear yard;
2. Detached accessory structures may be partially or entirely located in the portion of the required side yard which overlaps the required rear yard;
3. Detached accessory structures may be partially or entirely located in one of the required front yards of a through lot; provided, that such accessory structure is set back from the nearest front lot line a distance of not less than 10 percent of the depth of the lot but need not exceed a setback of 25 feet, and at least five feet from any side lot line;
4. Where the average natural grade of a required front setback line is more than eight feet above the average established curb grade of the street upon which the lot abuts, a garage may be erected so as to extend into the required front yard or required side yard, but not so as to extend closer than five feet to any street property line; and
5. All detached accessory structures located in required yard areas shall not exceed one story in height and shall be no more than 14 feet in height. (Code 1971, § 15.214.100; Ord. No. 2021-017, § 11, 12-13-21)
24.214.110 Standards – Attached patio covers.
A patio cover attached to a dwelling unit may be located partially or entirely in a required rear yard subject to all of the following provisions:
A. Width of Covering. The width of such patio cover shall not exceed one-half of the width of the lot upon which it is located.
B. Location of Supports. Supports shall be a minimum of 12 feet from the rear lot line and a minimum of five feet from each of the side lot lines.
C. Overhang Allowable. Eave overhangs shall be a minimum of 10 feet from the rear lot line and a minimum of three feet from each of the side lot lines.
D. Side Enclosure Prohibited. No enclosure of any kind shall be permitted on any nonattached side of such structure.
E. Coverage of Building Area Limited. The area of the attached patio cover combined with the area of all other buildings and structures on the lot shall not exceed the maximum lot coverage permitted in this chapter. (Code 1971, § 15.214.110)
24.214.120 Standards – Other.
The following development regulations and standards shall also apply within the R-2 zone:
A. Parking. Off-street parking shall be provided for all uses in the R-2 zone as required by Chapter 24.415.
B. Signs. All signs must comply with the provisions of Chapter 24.420.
C. Coastal Development. All development within the CP overlay zone must comply with the provisions of Chapters 24.310 and 24.515.
D. Floodplain Overlay Zone. All development within a designated floodplain (FP) overlay zone must comply with the provisions of Chapters 24.320 and 24.530.
E. Open Storage. Open storage in the front yard is not permitted in this zone.
F. Mobile Homes. Uses classified as Family Residential: Mobile Home use types must be located on a permanent foundation system and must comply with the following architectural standards:
1. Roofing and siding materials shall be nonreflective; and
2. Roofs shall have a minimum roof overhang of 16 inches.
G. Vehicle Repair. Repair of vehicles may be carried out on sites occupied by residential land uses only if all the following conditions are met:
1. The vehicle under repair must be owned by the current resident of the property upon which the repairs are being made.
2. Registration or proof of current ownership of the vehicle being repaired shall be available for inspection of the premises at all times while the vehicle is under repair.
3. Vehicle repairs may be conducted only between the hours of 7:00 a.m. and 10:00 p.m.
4. Repair of a particular vehicle shall be conducted and completed in no more than 30 days.
5. Storage of any vehicle under repair, or storage of parts of a vehicle, upon a public street or alley or upon an unpaved yard area, other than a driveway, is prohibited.
6. Body work on a vehicle is prohibited.
7. Painting of a vehicle or any portion of a vehicle is prohibited. (Code 1971, § 15.214.120)
24.214.130 Density review.
Prior to issuance of building permits, floor plans may be reviewed by the director to determine that density standards will not be exceeded. In order to preclude or lessen the possibility that density standards will be exceeded, or that unlawful density increases will occur in the future, no more than one kitchen shall be allowed per dwelling unit. In the density review process, additional changes may be required in the placement of exterior doors, windows, stairways, hallways, utility connections, or other fixtures or architectural features when determined by the director to be necessary or desirable to preclude or lessen the likelihood of unlawful density increases. (Code 1971, § 15.214.130)
24.214.140 Nonconformance.
All nonconforming uses, nonconforming structures, and nonconforming lots are subject to the provisions of Chapter 24.465. (Code 1971, § 15.214.140)
24.216.010 Chapter description.
This chapter establishes the R-2-B two-family beach zone also known as the R-2-B zone, and prescribes use types and other regulations for this zone. Any applicable overlay zones described in Chapters 24.300 through 24.399 may impose regulations in addition to those prescribed by this chapter for the R-2-B zone. (Code 1971, § 15.216.010)
24.216.020 Uses – Permitted.
The following use types are permitted, subject to the provisions of this chapter:
A. Residential.
Family Residential: Mobile Home.
Family Residential: Single-Family.
Family Residential: Two-Family.
Residential Care.
Residential Condominiums.
B. General.
Government Services.
Recreation Services: Public Parks and Playgrounds.
Wireless Telecommunications Facilities: Mini.
Wireless Telecommunications Facilities: Minor.
C. Agricultural.
None. (Code 1971, § 15.216.020; Ord. No. 2000-04, § 13, 1-24-00)
24.216.030 Uses – Subject to a use permit.
The following use types may be permitted subject to the provisions of this chapter; and further provided, that a use permit is approved pursuant to Chapter 24.520:
A. Residential.
None.
B. General.
Automotive and Accessories: Parking.
Community Meeting.
Day Care Centers.
Education Services: General
Group Care.
Safety Services.
Utility or Equipment Substations.
Wireless Telecommunications Facilities: Major.
C. Agricultural.
None. (Code 1971, § 15.216.030; Ord. No. 2000-04, § 14, 1-24-00)
24.216.040 Uses – Incidental.
Incidental uses as defined in Chapter 24.110 may be permitted. (Code 1971, § 15.216.040)
24.216.050 Uses – Special provisions.
Uses listed in Sections 24.216.020 through 24.216.040 are subject to the following special provisions:
A. Design Review. Design review approval must be obtained to the extent required by Chapter 24.545.
B. Planned Development Permit. Approval of a planned development permit pursuant to Chapter 24.525, or amendment pursuant to Chapter 24.570, is required for any construction of new structures or additions or alterations to existing structures in conjunction with, or in any way related to the Residential Condominiums use type and for any residential condominium conversions in the R-2-B zone.
C. Temporary Uses. Temporary uses may be conducted in the R-2-B zone only to the extent permitted by Chapter 24.120.
D. Accessory Dwelling Units. Accessory dwelling units must comply with the provisions of Chapter 24.430.
E. Home Occupations. Home occupations may be conducted in the R-2-B zone only to the extent permitted by Chapter 24.125.
F. Factory-Built Homes. Factory-built homes may be used for residential purposes in the same manner as conventional site-built housing, subject to the provisions of this chapter.
G. Group Care. Group Care uses must comply with the provisions of Chapter 24.435.
H. Domestic Animals. Domestic animals, as defined in Chapter 24.110, are permitted; provided, that no more than six adult animals over the age of four months are permitted per dwelling unit; and further provided, that no more than three adult dogs shall be permitted per dwelling unit.
I. Livestock Animals. Livestock animals are not permitted in the R-2-B zone.
J. Wild Animals. Wild animals are not permitted in the R-2-B zone.
K. Wireless Telecommunications Facilities: Minor. Uses classified in the Wireless Telecommunications Facilities: Minor use type shall require a director’s permit pursuant to Chapter 24.505. (Code 1971, § 15.216.050; Ord. No. 2000-04, § 15, 1-24-00; Ord. No. 2021-017, § 12, 12-13-21)
24.216.060 Standards – Density.
A. Lot Area. Each lot in this zone shall have a minimum area of 3,200 square feet.
B. Lot Width. Each lot in this zone shall have a minimum average width of 40 feet.
C. Lot Coverage. The total building area of a lot in the R-2-B zone, including accessory structures, shall not occupy more than 60 percent of the lot area. (Code 1971, § 15.216.060)
24.216.070 Standards – Height.
A. Height Determination. The height of buildings and other structures in the R-2-B zone shall be determined in accordance with Section 24.405.040.
B. Maximum Height. Regardless of the number of stories comprising a building or structure, no portion of a building or other structure in the R-2-B zone shall exceed 30 feet in height except as provided in Section 24.405.030. Any building or other structure more than 22 feet in height shall comply with Section 24.212.100.
C. Maximum Number of Stories. Buildings and other structures in the R-2-B zone shall not exceed two and one-half stories in height. The longest dimension of a half-story shall not be parallel to the coastline. Except as provided by subsection D of this section, a half-story shall be limited to the top story.
D. Half-Story on Grade. In any R-2-B zone, a first floor half-story may be allowed on a lot with a natural slope of 10 percent or more as measured from the front lot line to the rear lot line; provided, that such half-story does not exceed 50 percent of the maximum allowed buildable area; and further provided, that in no case shall the number of stories exceed two and one-half.
E. Stepbacks. Any story below a half-story shall not exceed ceiling or roof height greater than 22 feet above the average natural grade feet in accordance with Section 24.405.040. (Code 1971, § 15.216.070; Ord. No. 2001-10, § 6, 6-18-01)
24.216.080 Standards – Yards.
Fences, walls, or other uses of yards in the R-2-B zone shall comply with the yard requirements set forth in Chapter 24.410. No lot reorientation shall be permitted whereby existing lots which have side yards abutting Shore Drive are reconfigured so as to create a front yard abutting Shore Drive. (Code 1971, § 15.216.080)
24.216.090 Standards – Setbacks.
Buildings and other structures, not including fences or walls, on a lot in the R-2-B zone shall comply with the following setback requirements:
A. Front Setbacks. Each lot in this zone shall have a required front setback of not less than 20 feet; provided, that:
1. For through lots, there shall be a front setback of not less than 20 feet from the primary street from which vehicular access to each lot is obtained. The setback requirement from the secondary street shall not be less than 15 feet.
2. For lots which front on Shore Drive, the front setback shall be a minimum of 10 feet.
B. Side Setbacks. Each lot in this zone shall meet side setback requirements as set forth in this subsection B:
1. For interior lots, there shall be a side setback on each side of the lot of not less than 10 percent of the width of such lot; provided, that such required side setback need not exceed five feet in width.
2. For corner lots and reversed corner lots, including those lots having a side lot line abutting Shore Drive, the required interior side setback shall be as set forth above for interior lots in subsection (B)(1) of this section. The side setback required on the street side shall be not less than 10 feet.
C. Rear Setbacks. Each lot in this zone shall have a required rear setback of not less than 15 feet. (Code 1971, § 15.216.090)
24.216.100 Standards – Stepbacks.
Any portion of a building or other structure over 22 feet in height shall be set back at least an additional 10 feet beyond the required front setback line. (Code 1971, § 15.216.100)
24.216.110 Standards – Accessory structures.
Accessory structures are not permitted in required yard areas. (Code 1971, § 15.216.110)
24.216.120 Standards – Other.
The following development regulations and standards shall also apply within the R-2-B zone:
A. Parking. Off-street parking shall be provided for all uses in the R-2-B zone as required by Chapter 24.415.
B. Signs. All signs must comply with the provisions of Chapter 24.420.
C. Coastal Development. All development within the CP overlay zone must comply with the provisions of Chapters 24.310 and 24.515.
D. Floodplain Overlay Zones. All development within a designated floodplain (FP) overlay zone must comply with the provisions of Chapters 24.320 and 24.530.
E. Open Storage. Open storage in the front yard is not permitted in this zone.
F. Mobile Homes. Uses classified as Family Residential: Mobile Home use types must be located on a permanent foundation system and must comply with the following architectural standards:
1. Roofing and siding materials shall be nonreflective; and
2. Roofs shall have a minimum roof overhang of 16 inches.
G. Vehicle Repair. No vehicles may be repaired on sites occupied by residential land uses unless all the following conditions are met:
1. The vehicle under repair must be owned by the current resident of the property upon which the repairs are being made.
2. Registration or proof of current ownership of the vehicle being repaired shall be available for inspection on the premises at all times while the vehicle is under repair.
3. Vehicle repairs may be conducted only between the hours of 7:00 a.m. and 10:00 p.m.
4. Repair of a particular vehicle shall be conducted and completed in no more than 30 days.
5. Storage of any vehicle under repair, or storage of parts of a vehicle, upon a public street or alley or upon an unpaved yard area, other than a driveway, is prohibited.
6. Body work on a vehicle is prohibited.
7. Painting of a vehicle or any portion of a vehicle is prohibited. (Code 1971, § 15.216.120)
24.216.130 Density review.
Prior to issuance of building permits, floor plans may be reviewed by the director to determine that density standards will not be exceeded. In order to preclude or lessen the possibility that density standards will be exceeded, or that unlawful density increases will occur in the future, no more than one kitchen shall be allowed per dwelling unit. In the density review process, additional changes may be required in the placement of exterior doors, windows, stairways, hallways, utility connections, or other fixtures or architectural features when determined by the director to be necessary or desirable to preclude or lessen the likelihood of unlawful density increases. (Code 1971, § 15.216.130)
24.216.140 Nonconformance.
All nonconforming uses, nonconforming structures, and nonconforming lots are subject to the provisions of Chapter 24.465. (Code 1971, § 15.216.140)
24.218.010 Chapter description.
This chapter establishes the R-3 multiple family zone, also known as the R-3 zone, and prescribes use types and other regulations for this zone. Any applicable overlay zones described in Chapters 24.300 through 24.399 may impose regulations in addition to those prescribed by this chapter for the R-3 zone. (Code 1971, § 15.218.010)
24.218.020 Uses – Permitted.
The following use types are permitted in an R-3 zone, subject to the provisions of this chapter:
A. Residential.
Family Residential: Large Multifamily.
Family Residential: Mobile Home.
Family Residential: Single-Family.
Family Residential: Small Multifamily.
Family Residential: Two-Family.
Residential Care.
Residential Condominiums.
B. General.
Government Services.
Recreation Services: Public Parks and Playgrounds.
Recycling Services: Consumer Recycling Collection Points.
Wireless Telecommunications Facilities: Mini.
Wireless Telecommunications Facilities: Minor.
C. Agricultural.
None. (Code 1971, § 15.218.020; Ord. No. 2000-04, § 16, 1-24-00)
24.218.030 Uses – Subject to a use permit.
The following use types may be permitted subject to the provisions of this chapter; and further provided, that a use permit is approved pursuant to Chapter 24.520:
A. Residential.
Group Residential.
B. General.
Automotive and Accessories: Parking.
Community Meeting.
Cultural and Library Services.
Day Care Centers.
Education Services: General.
Group Care.
Lodging Services: Bed and Breakfast Inns.
Nursery Sales.
Safety Services.
Utility or Equipment Substations.
Wireless Telecommunications Facilities: Major.
C. Agricultural.
None. (Code 1971, § 15.218.030; Ord. No. 2000-04, § 17, 1-24-00; Ord. No. 2011-010, § 6, 8-1-11; Ord. No. 2017-008, § 1, 4-17-17)
24.218.040 Uses – Incidental.
Incidental uses as defined in Chapter 24.110 may be permitted. (Code 1971, § 15.218.040)
24.218.050 Uses – Special provisions.
Uses listed in Sections 24.218.020 through 24.218.040 must also comply with the following special provisions:
A. Design Review. Design review approval must be obtained to the extent required by Chapter 24.545.
B. Planned Development Permit. Approval of a planned development permit pursuant to Chapter 24.525, or amendment pursuant to Chapter 24.570, is required for any construction of new structures or additions or alterations to existing structures in conjunction with, or in any way related to the following use types:
1. Family Residential: Large Multifamily; and
2. Residential Condominium conversions.
C. Accessory Dwelling Units. Accessory dwelling units must comply with the provisions of Chapter 24.430.
D. Temporary Uses. Temporary uses may be conducted in the R-3 zone only to the extent permitted by Chapter 24.120.
E. Home Occupations. Home occupations may be conducted in the R-3 zone only to the extent permitted by Chapter 24.125.
F. Factory-Built Homes. Factory-built homes may be used for residential purposes in the same manner as conventional site-built housing subject to the provisions of this chapter.
G. Group Care. All Group Care uses must comply with the provisions of Chapter 24.435.
H. Domestic Animals.
1. Domestic animals, as defined in Chapter 24.110, are permitted in the R-3 zone; provided, that no more than four adult animals over the age of four months are permitted per dwelling unit or establishment; and further provided, that no more than three adult dogs shall be permitted per dwelling unit or establishment.
2. Notwithstanding subsection (H)(1) of this section, for uses conducted in the R-3 zone that are classified in the family residential: single-family; family residential: two-family; and residential condominiums use types, up to six adult animals over the age of four months are permitted; provided, that no more than three adult dogs shall be permitted per dwelling unit.
I. Livestock Animals. Livestock animals are not permitted in the R-3 zone.
J. Wild Animals. Wild animals are not permitted in the R-3 zone.
K. Recycling Services: Consumer Recycling Collection Points. Uses classified in the Recycling Services: Consumer Recycling Collection Points and Recycling Services: Recycling Transfer use types must comply with the provisions of Chapter 24.485.
L. Wireless Telecommunications Facilities: Minor. Uses classified in the Wireless Telecommunications Facilities: Minor use type shall require a director’s permit pursuant to Chapter 24.505.
M. Emergency Shelter. Emergency shelters must comply with the provisions of Chapter 24.437. (Code 1971, § 15.218.050; Ord. No. 2000-04, § 18, 1-24-00; Ord. No. 2001-13, § 5, 7-17-01; Ord. No. 2011-010, § 7, 8-1-11; Ord. No. 2021-017, § 13, 12-13-21)
24.218.060 Standards – Density.
A. Lot Area. Each lot in the R-3 zone shall have a minimum lot area per dwelling unit as set forth in Section 24.200.070 for the given subzone indicated on the official zoning district map; provided, that in no instance shall any lot in the R-3 zone be less than 6,000 square feet in area.
B. Lot Width. Each lot in the R-3 zone shall have a minimum average width of 60 feet.
C. Lot Coverage. The building area of a lot in the R-3 zone, including accessory structures, shall not occupy more than 60 percent of the lot area. (Code 1971, § 15.218.060)
24.218.070 Standards – Height.
A. Height Determination. The height of buildings and other structures in the R-3 zone shall be determined in accordance with Section 24.405.040.
B. Maximum Number of Stories. Buildings and other structures in the R-3 zone shall not exceed three stories.
C. Maximum Height. Regardless of the number of stories comprising a building or structure, no portion of a building or other structure in the R-3 zone shall exceed 45 feet in height except as provided in Section 24.405.030. (Code 1971, § 15.218.070)
24.218.080 Standards – Yards.
Fences, walls, and other uses of yards in the R-3 zone shall comply with the yard requirements set forth in Chapter 24.410. (Code 1971, § 15.218.080)
24.218.090 Standards – Setbacks.
Buildings and other structures, not including fences or walls, on a lot in the R-3 zone shall comply with the following setback requirements:
A. Front Setbacks. Each lot in this zone shall have a required front setback of not less than 20 percent of the depth of the lot; provided, that such front setback need not exceed 20 feet.
B. Side Setbacks. Each lot in this zone shall have side setbacks as set forth in this subsection B:
1. For interior lots, there shall be a side setback on each side of the lot of not less than 10 percent of the width of said lot; provided, that such side setback need not exceed five feet and shall not be less than three feet in width;
2. For corner lots and reversed corner lots, the side setback required for each interior side shall be as set forth in subsection (B)(1) of this section for interior lots and the side setback required for each street side of each such lot shall not be less than one-half the required front yard setback, but need not exceed 10 feet.
C. Rear Setbacks. Each lot in this zone shall have a rear setback of not less than 25 percent of the depth of the lot; such rear setback need not exceed 25 feet. (Code 1971, § 15.218.090)
24.218.100 Standards – Accessory structures.
Accessory structures, as defined in Chapter 24.110, shall only be allowed to the extent such accessory structures comply with subsections A through D of this section. Accessory dwelling units are subject to Chapter 24.340:
A. The portion of any accessory structures used for required parking (e.g., garage, carport), shall provide for adequate ingress and egress as determined by the director;
B. The portion of any accessory structure that contains a habitable room shall not be located closer than three feet to any lot line, regardless of the location of the accessory structure on the lot;
C. All accessory structures are subject to compliance with all Uniform Building Code requirements, including, but not limited to, separation between structures;
D. In addition to the applicable provisions of subsections A through C of this section, a detached accessory structure may be located in the required yard areas only to the extent allowed by this subsection D as follows:
1. Detached accessory structures may be entirely or partially located in a required rear yard as long as these accessory structures do not occupy more than 50 percent of that required rear yard;
2. Detached accessory structures may be partially or entirely located in the portion of the required side yard which overlaps the required rear yard;
3. Detached accessory structures may be partially or entirely located in one of the required front yards of a through lot; provided, that such accessory structure is set back from the nearest front lot line a distance of not less than 10 percent of the depth of the lot, but need not exceed a setback of 25 feet, and at least five feet from any side lot line;
4. Where the average natural grade of a required front setback line is more than eight feet above the average established curb grade of the street upon which the lot abuts, a garage may be erected so as to extend into the required front yard or required side yard, but not so as to extend closer than five feet to any street property line; and
5. All detached accessory structures located in required yard areas shall not exceed one story in height and shall be no more than 14 feet in height. (Code 1971, § 15.218.100; Ord. No. 2021-017, § 13, 12-13-21)
24.218.110 Attached patio covers.
A patio cover attached to a dwelling unit may be located partially or entirely in a required rear yard subject to all of the following provisions:
A. Width of Covering. The width of such patio cover shall not exceed one-half of the width of the lot upon which it is located;
B. Location of Supports. Supports shall be a minimum of 12 feet from the rear lot line and a minimum of five feet from each of the side lot lines;
C. Overhang Allowable. Eave overhangs shall be a minimum of 10 feet from the rear lot line and a minimum of three feet from each of the side lot lines;
D. Side Enclosure Prohibited. No enclosure of any kind shall be permitted on any nonattached side of such structure;
E. Coverage of Building Area Limited. The area of the attached patio cover combined with the area of all other buildings and structures on the lot shall not exceed the maximum lot coverage permitted in this chapter. (Code 1971, § 15.218.110)
24.218.120 Standards – Other.
The following development regulations and standards shall also apply within the R-3 zone:
A. Parking. Off-street parking shall be provided for all uses in the R-3 zone as required by Chapter 24.415;
B. Signs. All signs must comply with the provisions of Chapter 24.420;
C. Coastal Development. All development within the CP overlay zone is subject to the provisions of Chapters 24.310 and 24.515;
D. Floodplain Overlay Zone. All development within a designated floodplain (FP) overlay zone must comply with the provisions of Chapters 24.320 and 24.530;
E. Open Storage. Open storage in the front yard is not permitted in R-3 zone;
F. Mobile Homes. Uses classified as Family Residential: Mobile Home use types must be located on a permanent foundation system and must comply with the following architectural standards:
1. Roofing and siding materials shall be nonreflective; and
2. Roofs shall have a minimum roof overhang of 16 inches.
G. Vehicle Repair. Repair of vehicles may be carried out on sites occupied by residential land uses only if all the following conditions are met:
1. The vehicle under repair must be owned by the current resident of the property upon which the repairs are being made.
2. Registration or proof of current ownership of the vehicle being repaired shall be available for inspection on the premises at all times while the vehicle is under repair.
3. Vehicle repairs may be conducted only between the hours of 7:00 a.m. and 10:00 p.m.
4. Repair of a particular vehicle shall be conducted and completed in no more than 30 days.
5. Storage of any vehicle under repair, or storage of parts of a vehicle, upon a public street or alley or upon any unpaved yard area, other than a driveway, is prohibited.
6. Body work on a vehicle is prohibited.
7. Painting of a vehicle or any portion of a vehicle is prohibited. (Code 1971, § 15.218.120)
24.218.130 Density review.
Prior to issuance of building permits, floor plans may be reviewed by the director to determine that density standards will not be exceeded. In order to preclude or lessen the possibility that density standards will be exceeded, or that unlawful density increases will occur in the future, no more than one kitchen shall be allowed per dwelling unit. In the density review process, additional changes may be required in the placement of exterior doors, windows, stairways, hallways, utility connections, or other fixtures or architectural features when determined by the director to be necessary or desirable to preclude or lessen the likelihood of unlawful density increases. (Code 1971, § 15.218.130)
24.218.140 Nonconformance.
All nonconforming uses, nonconforming structures, and nonconforming lots are subject to the provisions of Chapter 24.465. (Code 1971, § 15.218.140)
24.220.010 Chapter description.
This chapter establishes the MHP mobile home park zone, also known as the MHP zone, and prescribes use types and other regulations for this zone. Any applicable overlay zones described in Chapters 24.300 through 24.399 may impose regulations in addition to those for the MHP zone. This chapter is intended to provide for mobile home parks, recognizing the fact that such developments offer alternatives in the selection of dwelling units and opportunities for affordable housing. (Code 1971, § 15.220.010)
24.220.020 Uses – Permitted.
The following use types are permitted, subject to the provisions of this chapter:
A. Residential.
Family Residential: Mobile Home.
Mobile Home Parks.
B. General.
Government Services.
Recreation Services: Public Parks and Playgrounds.
Recycling Services: Consumer Recycling Collection Points.
Wireless Telecommunications Facilities: Mini.
Wireless Telecommunications Facilities: Minor.
C. Agricultural.
None. (Code 1971, § 15.220.020; Ord. No. 2000-04, § 19, 1-24-00)
24.220.030 Uses – Subject to a use permit.
The following use types may be permitted subject to the provisions of this chapter; and further provided, that a use permit is approved pursuant to Chapter 24.520:
A. Residential.
None.
B. General.
Community Meeting.
Day Care Centers.
Education Services: General.
Group Care.
Safety Services.
Utility or Equipment Substations.
Wireless Telecommunications Facilities: Major.
C. Agricultural.
None. (Code 1971, § 15.220.030; Ord. No. 2000-04, § 20, 1-24-00)
24.220.040 Uses – Incidental.
Incidental uses as defined in Chapter 24.110 may be permitted. (Code 1971, § 15.220.040)
24.220.050 Uses – Special provisions.
Uses listed in Sections 24.220.020 through 24.220.040 shall also comply with the following special provisions:
A. Design Review. Design review approval must be obtained to the extent required by Chapter 24.545 for any mobile home park perimeter wall, any landscaping between such wall and the mobile home park property line, and any recreation facilities or other community buildings.
B. Planned Development Permit. Approval of a planned development permit pursuant to Chapter 24.525, or amendment pursuant to Chapter 24.570, is required prior to any construction of new structures, or additions or alterations to existing structures, in conjunction with, or in any way related to, the use types listed in Sections 24.220.020 and 24.220.030 except for the Recycling Services: Consumer Recycling Collection Points and Wireless Telecommunications Facilities: Mini and Minor.
C. Temporary Uses. Temporary uses may be conducted in the MHP zone only to the extent permitted by Chapter 24.120.
D. Home Occupations. Home occupations may be conducted in the MHP zone only to the extent permitted by Chapter 24.125.
E. Group Care. All Group Care uses must comply with the provisions of Chapter 24.435.
F. Domestic Animals. Domestic animals, as defined in Chapter 24.110, are permitted; provided, that no more than six adult animals over the age of four months are permitted per dwelling unit; and further provided, that no more than three adult dogs are permitted per dwelling unit.
G. Livestock Animals. Livestock animals are not permitted in the MHP zone.
H. Wild Animals. Wild animals are not permitted in the MHP zone.
I. Recycling Services: Consumer Recycling Collection Points. Uses classified in the Recycling Services: Consumer Recycling Collection Points use type must comply with the provisions of Chapter 24.485.
J. Wireless Telecommunications Facilities: Minor. Uses classified in the Wireless Telecommunications Facilities: Minor use type shall require a director’s permit pursuant to Chapter 24.505. (Code 1971, § 15.220.050; Ord. No. 2000-04, § 21, 1-24-00; Ord. No. 2021-017, § 14, 12-13-21)
24.220.060 Standards – Density.
A. Minimum Lot Area. Each mobile home space in the MHP zone shall have a minimum area of 3,010 square feet.
B. Minimum Lot Width and Depth. Each mobile home space in the MHP zone shall have a minimum average width of 43 feet and a minimum depth of 70 feet.
C. Maximum Lot Coverage. Maximum mobile home space coverage shall not exceed 75 percent of the area of each mobile home space.
D. Minimum Park Area. Each mobile home park shall have a minimum area of 10 acres.
E. Maximum Park Density. Each mobile home park shall have a maximum density of eight dwelling units per gross acre; and no single mobile home park shall contain more than 300 dwelling units. (Code 1971, § 15.220.060)
24.220.070 Standards – Height.
A. Height Determination. The height of buildings and other structures in the MHP zone shall be determined in accordance with Section 24.405.040.
B. Maximum Number of Stories. Buildings and other structures in the MHP zone shall not exceed two and one-half stories in height.
C. Maximum Height. Regardless of the number of stories comprising a building or structure, no portion of a building or other structure in the MHP zone shall exceed 30 feet in height, except as provided in Section 24.405.030. (Code 1971, § 15.220.070)
24.220.080 Standards – Setbacks.
A. No mobile home space shall be located closer than 30 feet to any property line abutting a public street or alley, nor closer than 15 feet to the side or rear property lines of the mobile home park in which it is located.
B. No mobile home space shall be located closer than 20 feet to any recreation or community building, nor closer than 10 feet to any laundry or service building.
C. No portion of any mobile home, except awnings or patio covers, shall be closer than five feet to any of the boundary lines of the space which it occupies. Eave overhangs for patio covers and awnings shall be no closer than three feet to any such boundary line.
D. The minimum distance between mobile homes and related buildings shall comply with the state of California rules and regulations governing mobile homes and the construction of mobile home parks. (Code 1971, § 15.220.080)
24.220.090 Standards – Other.
The following development regulations and standards shall also apply within the MHP zone:
A. Parking. Off-street parking shall be provided for all uses in the MHP zone as required by Chapter 24.415.
B. Signs. All signs must comply with the provisions of Chapter 24.420.
C. Project Walls and Landscaping.
1. All mobile home parks shall be surrounded by a solid block wall six feet in height. Said required six-foot wall shall terminate within 25 feet of any driveway that provides vehicle ingress and egress for the site.
2. The required wall surrounding the mobile home park shall be designed as a serpentine or offset wall and shall be decorative in nature.
3. Such required serpentine or offset walls shall be designed and provided such that no portion of such walls or fences shall be closer than 15 feet to any public right-of-way, or closer than five feet to any mobile home lot.
4. A minimum 30-foot-wide landscaped area shall be provided adjacent to all public streets or alleys, including freeway rights-of-way.
D. Recreational Facilities.
1. A minimum of 350 square feet of area for each mobile home lot within a mobile home park shall be provided for recreational facilities within that mobile home park.
2. Improved sidewalks, walkways or paths shall link all mobile home lots to recreational facilities.
E. Storage Facilities. Storage facilities for recreational vehicles shall be provided at the ratio of one storage space for each four mobile home sites. Such storage facilities shall comply with the following regulations:
1. Such storage areas shall be screened by landscaping and solid walls.
2. Minimum dimensions for storage of each recreational vehicle shall be 12 feet by 30 feet.
F. Code Compliance. All development in this zone shall be carried out and maintained in compliance with the California Code of Regulations, Title 25, Housing and Community Development.
G. Additional Criteria. Any and all further development standards or criteria that may be adopted from time to time by resolution of the city council shall apply to uses in this zone in addition to the minimum requirements and standards set forth herein.
H. Coastal Development. All development within the coastal zone shall comply with the provisions of Chapters 24.310 and 24.515.
I. Floodplain Overlay Zones. All development within a designated floodplain (FP) overlay zone shall comply with the provisions of Chapters 24.320 and 24.530.
J. Open Storage. Open storage in a front yard is prohibited.
K. Mobile Homes. Uses classified as Family Residential: Mobile Home use types must be located on a permanent foundation system and must comply with the following architectural standards:
1. Roofing and siding materials shall be nonreflective; and
2. Roofs shall have a minimum roof overhang of 16 inches.
L. Vehicle Repair. No vehicles may be repaired in a mobile home park unless all the following conditions are met:
1. The vehicle under repair must be owned by the current resident of the property upon which the repairs are being made.
2. Registration or proof of current ownership of the vehicle being repaired shall be available for inspection on the premises at all times while the vehicle is under repair.
3. Vehicle repairs may be conducted only between the hours of 7:00 a.m. and 10:00 p.m.
4. Repair of a particular vehicle shall be conducted and completed in no more than 30 days.
5. Storage of any vehicle under repair, or storage of parts of a vehicle, upon a public street or alley or upon a landscaped area or an unpaved yard area, other than a driveway, is prohibited.
6. Body work on a vehicle is prohibited.
7. Painting of a vehicle or any portion of a vehicle is prohibited. (Code 1971, § 15.220.090)
24.220.100 Nonconformance.
All nonconforming uses, nonconforming structures, and nonconforming lots in the MHP zone are subject to the provisions of Chapter 24.465. (Code 1971, § 15.220.100)
24.222.010 Chapter description.
This chapter establishes the R-P-D residential planned development zone, and prescribes use types and other regulations for this zone. Any applicable overlay zones described in Chapters 24.300 through 24.399, and any special development tract regulation may impose regulations in addition to those prescribed in this chapter for the R-P-D zone. (Code 1971, § 15.222.010)
24.222.020 Uses – Permitted.
The following use types are permitted subject to the provisions of this chapter:
A. Residential.
Family Residential: Large Multifamily.
Family Residential: Mobile Home.
Family Residential: Single-Family.
Family Residential: Small Multifamily.
Family Residential: Two-Family.
Residential Care.
Residential Condominiums.
B. General.
Government Services.
Recreation Services: Public Parks and Playgrounds.
Recycling Services: Consumer Recycling Collection Points.
Wireless Telecommunications Facilities: Mini.
Wireless Telecommunications Facilities: Minor.
C. Agricultural.
Crop Production.
Horticulture: Cultivation.
Indoor Production. (Code 1971, § 15.222.020; Ord. No. 2000-04, § 22, 1-24-00; Ord. No. 2004-007, § 7, 4-19-04; Ord. No. 2021-017, § 15, 12-13-21)
24.222.030 Uses – Subject to a use permit.
The following use types may be permitted subject to the provisions of this chapter; and further provided, that a use permit is approved pursuant to Chapter 24.520:
A. Residential.
Group Residential.
B. General.
Community Meeting.
Cultural and Library Services.
Day Care Centers.
Day Services Facility.
Education Services: General.
Group Care.
Lodging Services: Bed and Breakfast Inns.
Nursery Sales.
Safety Services.
Utility or Equipment Substations.
Wireless Telecommunications Facilities: Major.
C. Agricultural.
None. (Code 1971, § 15.222.030; Ord. No. 2000-04, § 23, 1-24-00; Ord. No. 2017-008, § 2, 4-17-17)
24.222.040 Uses – Incidental.
Incidental uses as defined in Chapter 24.110 may be permitted. (Code 1971, § 15.222.040)
24.222.050 Uses – Special provisions.
Uses listed in Sections 24.222.020 through 24.222.040 must also comply with the following special provisions:
A. Design Review. Design review approval must be obtained to the extent required by Chapter 24.545.
B. Planned Development Permit. A planned development permit is required in the R-P-D zone as follows:
1. Residential Use Types. A planned development permit required for development must be approved pursuant to Chapter 24.525 prior to construction of any new dwelling unit, or prior to any increases in floor area or other additions to a dwelling unit for which a planned development permit has not previously been approved. A planned development permit must be obtained for a residential condominium conversion.
2. General and Agricultural Use Types. Approval of a planned development permit must be approved pursuant to Chapter 24.525, prior to the initiation of a use classified within the indoor production use type or any general use type or prior to any construction of new structures, or additions or alterations to existing structures, in conjunction with, or in any way related to, a use classified within the Indoor Production use type or any general use type, except for the Wireless Telecommunications Facilities: Mini and Minor use types.
C. Temporary Uses. Temporary uses may be conducted in the R-P-D zone only to the extent permitted by Chapter 24.120;
D. Accessory Dwelling Units. Accessory dwelling units must comply with the provisions of Chapter 24.430.
E. Home Occupations. Home occupations may be conducted in the R-P-D zone only to the extent permitted by Chapter 24.125;
F. Factory-Built Homes. Factory-built homes may be used for residential purposes in the same manner as conventional site-built housing subject to the provisions of this chapter;
G. Mobile Homes. Uses classified as Family Residential: Mobile Home use types must be located on a permanent foundation system and must comply with the following architectural standards:
1. Roofing and siding materials shall be nonreflective; and
2. Roofs shall have a minimum roof overhang of 16 inches.
H. Group Care. All Group Care uses must comply with the provisions of Chapter 24.435.
I. Domestic Animals.
1. Domestic animals, as defined in Chapter 24.110, are permitted in the R-P-D zone; provided, that no more than four adult animals over the age of four months are permitted per dwelling unit; and further provided, that no more than three adult dogs shall be permitted per dwelling unit.
2. Notwithstanding subsection (I)(1) of this section, for uses conducted in the R-P-D zone that are classified in the Family Residential: Single-Family; Family Residential: Two-Family; and Residential Condominiums use types, up to six adult animals over the age of four months are permitted; provided, that no more than three adult dogs shall be permitted per dwelling unit.
J. Livestock Animals. Livestock animals are not permitted in the R-P-D zone.
K. Wild Animals. Wild animals are not permitted in the R-P-D zone.
L. Recycling Services: Consumer Recycling Collection Points. Uses classified in the Recycling Services: Consumer Recycling Collection Points use type must comply with the provisions of Chapter 24.485.
M. Wireless Telecommunications Facilities: Minor. Uses classified in the Wireless Telecommunications Facilities: Minor use type shall require a director’s permit pursuant to Chapter 24.505. (Code 1971, § 15.222.050; Ord. No. 2000-04, § 24, 1-24-00; Ord. No. 2004-007, § 8, 4-19-04; Ord. No. 2021-017, § 15, 12-13-21)
24.222.060 Standards – Density.
A. Density per Gross Acre. The average number of units per gross acre in a planned residential development shall not exceed that specified for the R-P-D subzone in which it is located; provided, that in no instance shall the density exceed 30 units per gross acre. At no time shall more than an average of the allowable units per gross acre be constructed or under construction on the portion of land which has been developed or is under development.
B. Lot Area, Lot Width, and Lot Coverage. There shall be no general minimum lot area, lot width, or lot coverage standards for the R-P-D zone; provided, that the decision-making authority may specify such standards for a particular site as a condition of approval of a planned development permit, or amendment thereto, pursuant to Chapter 24.525. (Code 1971, § 15.222.060)
24.222.070 Standards – Height.
A. Height Determination. The height of buildings and other structures in the R-P-D zone shall be determined in accordance with Section 24.405.040.
B. Maximum Height. Regardless of the number of stories comprising a building or structure, no portion of a building or other structure in the R-P-D zone shall exceed 30 feet in height except as provided in Section 24.405.030. (Code 1971, § 15.222.070)
24.222.080 Standards – Yards.
Fences, walls, and other uses of yards in the R-P-D zone shall comply with the yard requirements contained in Chapter 24.410. (Code 1971, § 15.222.080)
24.222.090 Standards – Setbacks.
A. Setback Adjacent to Street Rights-of-Way. No part of any structure shall be constructed less than 20 feet from any property line which is adjacent to a public or private street right-of-way. All buildings or other structures more than 25 feet in height must comply with Section 24.222.100.
B. Other Setback Requirements. There are no other general setback requirements for the R-P-D zone. However, the decision-making authority may specify required front, side, or rear setbacks for a particular project as a condition of approval of a planned development permit, or amendment thereto, pursuant to Chapter 24.525. (Code 1971, § 15.222.090; Ord. No. 2021-017, § 15, 12-13-21)
24.222.100 Standards – Stepbacks.
If a building or other structure is more than 25 feet in height, that portion of the building or other structure exceeding 25 feet in height shall be set back from any property line adjacent to a public or private street right-of-way an additional five feet for each 10 feet in height, or increment thereof, by which such building or other structure exceeds 25 feet. (Code 1971, § 15.222.100)
24.222.110 Standards – Accessory structures.
The decision-making authority may specify standards for accessory structures in the conditions of the planned development permit, or amendment thereto, authorizing a particular project. (Code 1971, § 15.222.110)
24.222.120 Standards – Other.
The following development regulations and standards shall also apply within the R-P-D zone:
A. Parking. Off-street parking must be provided for all uses as required by Chapter 24.415.
B. Signs. All signs must comply with the provisions of Chapter 24.420.
C. Coastal Development. All development within the CP overlay zone shall comply with the provisions of Chapters 24.310 and 24.515.
D. Floodplain Overlay Zones. All development within a designated floodplain (FP) overlay zone shall comply with the provisions of Chapters 24.320 and 24.530.
E. Open Storage. Open storage in the front yard is not permitted in this zone.
F. Vehicle Repair. Repair of vehicles may be carried out on sites occupied by residential land uses only if all the following conditions are met:
1. The vehicle under repair must be owned by the current resident of the property upon which the repairs are being made.
2. Registration or proof of current ownership of the vehicle being repaired shall be available for inspection on the premises at all times while the vehicle is under repair.
3. Vehicle repairs may be conducted only between the hours of 7:00 a.m. and 10:00 p.m.
4. Repair of a particular vehicle shall be conducted and completed in no more than 30 days.
5. Storage of any vehicle under repair, or storage of parts of a vehicle, upon a public street or alley or upon an unpaved yard area, other than a driveway, is prohibited.
6. Body work on a vehicle is prohibited.
7. Painting of a vehicle or any portion of a vehicle is prohibited. (Code 1971, § 15.222.120)
24.222.130 Nonconformance.
All nonconforming uses, nonconforming structures, and nonconforming lots are subject to the provisions of Chapter 24.465. (Code 1971, § 15.222.130)
24.230.010 Chapter description.
This chapter establishes the P-O professional office zone, and prescribes use types and other regulations for this zone. Any applicable overlay zones described in Chapters 24.300 through 24.399, and any special development tract regulations, may impose regulations in addition to those prescribed by this chapter for the P-O zone. (Code 1971, § 15.230.010)
24.230.020 Uses – Permitted.
The following use types are permitted, subject to the provisions of this chapter:
A. Residential.
None.
B. General.
Administrative, Business, and Professional Services.
Automotive and Accessories: Parking.
Business and Professional Support.
Community Meeting.
Cultural and Library Services.
Education Services: Commercial.
Funeral and Interment Services.
Government Services.
Medical Services: Consulting.
Medical Services: Mobile Equipment.
Nursery Sales.
Recreation Services: Public Parks and Playgrounds.
Recycling Services: Consumer Recycling Collection Points.
Safety Services.
Utility or Equipment Substations.
Wireless Telecommunications Facilities: Mini.
Wireless Telecommunications Facilities: Minor.
Wireless Telecommunications Facilities: Major.
C. Agricultural. None. (Code 1971, § 15.230.020; Ord. No. 2000-04, § 25, 1-24-00)
24.230.030 Uses – Subject to a use permit.
The following use types may be permitted, subject to the provisions of this chapter; and further provided, that a use permit is approved pursuant to Chapter 24.520:
A. Residential.
None.
B. General.
Day Care Centers.
Day Services Facility.
Education Services: General.
Helicopter Landing Services.
Recreation Services: Indoor Sports and Recreation.
Transportation Services.
C. Agricultural.
None. (Code 1971, § 15.230.030; Ord. No. 2011-010, § 8, 8-1-11; Ord. No. 2017-008, § 3, 4-17-17)
24.230.040 Uses – Incidental.
Incidental uses as defined in Chapter 24.110 may be permitted. (Code 1971, § 15.230.040)
24.230.050 Uses – Special provisions.
Uses and use types listed in Sections 24.230.020 through 24.230.040 must also comply with the following special provisions:
A. Design Review. Design review approval must be obtained to the extent required by Chapter 24.545.
B. Planned Development Permit. Approval of a planned development permit pursuant to Chapter 24.525, or amendment pursuant to Chapter 24.570, is required prior to the initiation of a use on an undeveloped site or prior to any construction of new structures, or additions or alterations to existing structures, in conjunction with, or in any way related to, the use types listed in Sections 24.230.020 and 24.230.030 except for the Recycling Services: Consumer Recycling Collection Points and Wireless Telecommunications Facilities: Mini and Minor use types.
C. Temporary Uses. Temporary uses may be conducted only to the extent allowed by Chapter 24.120.
D. Recycling Services: Consumer Recycling Collection Points. Uses classified in the Recycling Services: Consumer Recycling Collection Points use type must comply with the provisions of Chapter 24.485.
E. Domestic Animals. Domestic animals are permitted in the P-O zone provided there are no more than four adult animals per establishment.
F. Livestock Animals. Livestock animals are not permitted in the P-O zone.
G. Wild Animals. Wild animals are not permitted in the P-O zone.
H. Wireless Telecommunications Facilities: Minor. Uses classified in the Wireless Telecommunications Facilities: Minor use type shall require a director’s permit pursuant to Chapter 24.505.
I. Emergency Shelter. Emergency shelters must comply with the provisions of Chapter 24.437. (Code 1971, § 15.230.050; Ord. No. 2000-04, § 26, 1-24-00; Ord. No. 2011-010, § 9, 8-1-11; Ord. No. 2021-017, § 16, 12-13-21)
24.230.060 Standards – Density.
A. Lot Area. Each lot in the P-O zone shall have a minimum area of 6,500 square feet.
B. Lot Width. Each lot in the P-O zone shall have a minimum average width of 50 feet.
C. Lot Coverage. There shall be no general lot coverage standard in the P-O zone; provided, that the decision-making authority may specify a maximum lot coverage for a particular site as a condition of approval of a planned development permit, or amendment thereto, pursuant to Chapter 24.525. (Code 1971, § 15.230.060)
24.230.070 Standards – Height.
A. Height Determination. The height of buildings and other structures in the P-O zone shall be determined in accordance with Section 24.405.040.
B. Maximum Number of Stories. Buildings and other structures in the P-O zone shall not exceed three stories.
C. Maximum Height. Regardless of the number of stories comprising a building or structure, no portion of a building or other structure in the P-O zone shall exceed 45 feet in height except as provided in Section 24.405.030. (Code 1971, § 15.230.070)
24.230.080 Standards – Yards.
Fences, walls, or other uses of yards in the P-O zone shall comply with the yard requirements set forth in Chapter 24.410. (Code 1971, § 15.230.080)
24.230.090 Standards – Setbacks.
Buildings and other structures, not including fences or walls, on a lot in the P-O zone shall comply with all the following setback requirements:
A. Front Setbacks. Each lot in this zone shall have a front setback of not less than 10 feet.
B. Side Setbacks. Each lot in this zone shall have a side setback as set forth in this subsection B:
1. For interior lots there shall be a side setback on each side of the lot of not less than five feet.
2. For corner lots or reversed corner lots, the side setback required for each interior side shall be the same as set forth in subsection (B)(1) of this section for interior lots and the side setback required for each street side shall be not less than 10 feet.
C. Rear Setbacks. Each lot in this zone shall have a rear setback of not less than 25 percent of the depth of the lot; provided, that such rear setback need not exceed 25 feet. (Code 1971, § 15.230.090)
24.230.100 Standards – Other.
The following development regulations and standards shall also apply within the P-O zone:
A. Parking. Off-street parking shall be provided for all uses as required by Chapter 24.415.
B. Signs. All signs must comply with the provisions of Chapter 24.420.
C. Coastal Development. All development within the CP overlay zone must comply with the provisions of Chapters 24.310 and 24.515.
D. Floodplain Overlay Zones. All development within a designated floodplain (FP) overlay zone must comply with the provisions of Chapters 24.320 and 24.530.
E. Open Storage. Open storage is prohibited in the P-O zone. (Code 1971, § 15.230.100)
24.230.110 Nonconformance.
All nonconforming uses, nonconforming structures, and nonconforming lots are subject to the provisions of Chapter 24.465. (Code 1971, § 15.230.110)
24.232.010 Chapter description.
This chapter establishes the C-1 limited commercial zone, also known as the C-1 zone and prescribes use types and other regulations for this zone. Any applicable overlay zones described in Chapters 24.300 through 24.399 may impose regulations in addition to those prescribed by this chapter for the C-1 zone. (Code 1971, § 15.232.010)
24.232.020 Uses – Permitted.
The following use types are permitted, subject to the provisions of this chapter:
A. Residential.
Family Residential: Large Multifamily.
Family Residential: Mobile Home.
Family Residential: Single-Family.
Family Residential: Small Multifamily.
Family Residential: Two-Family.
Residential Care.
Residential Condominiums.
B. General.
Administrative, Business, and Professional Services.
Animal Sales and Services: Grooming and Pet Stores.
Animal Sales and Services: Veterinary.
Automotive and Accessories: Parking.
Business and Professional Support.
Community Meeting.
Cultural and Library Services.
Day Care Centers.
Dining Establishments: Ancillary Service.
Dining Establishments: Fast Counter Service.
Dining Establishments: Full-Service.
Dining Establishments: Take Out.
Education Services: Commercial.
Food and Beverage Retail Sales.
Funeral and Interment Services.
Government Services.
Lodging Services: Bed and Breakfast Inns.
Medical Services: Consulting.
Medical Services: Mobile Equipment.
Nursery Sales.
Personal Services.
Property Maintenance Services.
Recreation Services: Indoor Entertainment.
Recreation Services: Indoor Sports and Recreation.
Recreation Services: Public Parks and Playgrounds.
Recycling Services: Consumer Recycling Collection Points.
Repair Services.
Retail Sales.
Safety Services.
Shopping Centers: Small.
Wireless Telecommunications Facilities: Mini.
Wireless Telecommunications Facilities: Minor.
C. Agricultural.
None. (Code 1971, § 15.232.020; Ord. No. 2000-04, § 27, 1-24-00; Ord. No. 2002-05, § 3, 3-18-02; Ord. No. 2011-005, § 3, 5-2-11; Ord. No. 2021-017, § 17, 12-13-21)
24.232.030 Uses – Subject to a use permit.
The following use types may be permitted, subject to the provisions of this chapter; and further provided, that a use permit is approved pursuant to Chapter 24.520:
A. Residential.
Group Residential.
B. General.
Auction Sales.
Automotive and Accessories: Automotive Rentals.
Automotive and Accessories: Automotive Repairs, Systems.
Automotive and Accessories: Gasoline Sales.
Automotive and Accessories: Parking.
Boating and Harbor Activities: Boat Sales and Services.
Day Services Facility.
Dining Establishments: Fast Service, Drive-Up.
Education Services: General Group Care.
Helicopter Landing Services.
Lodging Services: Hotels and Motels.
Personal Services: Restricted.
Recreation Services: Outdoor Entertainment.
Recreation Services: Outdoor Sports and Recreation.
Shopping Centers: Large.
Swap Meets.
Transportation Services.
Utility or Equipment Substations.
Wireless Telecommunications Facilities: Major.
C. Agricultural.
None. (Code 1971, § 15.232.030; Ord. No. 2000-04, § 28, 1-24-00; Ord. No. 2011-010, § 10, 8-1-11; Ord. No. 2012-024, § 3, 12-17-12; Ord. No. 2017-008, § 4, 4-17-17; Ord. No. 2021-017, § 17, 12-13-21)
24.232.035 Uses – Subject to a director’s permit.
The following use types may be permitted, subject to the provisions of this chapter; and further provided, that a director’s permit is approved pursuant to Chapter 24.505:
A. Residential.
None.
B. General.
Farmers’ Market, Certified.
Thrift Stores.
C. Agricultural.
None. (Ord. No. 2010-006, § 3, 4-26-10; Ord. No. 2012-024, § 4, 12-17-12)
24.232.040 Uses – Incidental.
Incidental uses as defined in Chapter 24.110 may be permitted. (Code 1971, § 15.232.040)
24.232.050 Uses – Special provisions.
Uses listed in Sections 24.232.020 through 24.232.040 must also comply with the following special provisions:
A. Reserved.
B. Design Review. Design review approval must be obtained to the extent required by Chapter 24.545.
C. Planned Development Permit. Approval of a planned development permit pursuant to Chapter 24.525, or amendment pursuant to Chapter 24.570, is required, for any construction of new structures or additions or alterations to existing structures in conjunction with, or in any way related to, the following use types:
1. Family Residential: Large Multifamily.
2. Residential Condominiums and for any residential condominium conversion in the C-1 zone.
D. Temporary Uses. Temporary uses may be conducted in the C-1 zone only to the extent permitted by Chapter 24.120.
E. Home Occupations. Home occupations may be conducted in the C-1 zone only to the extent permitted by Chapter 24.125.
F. Factory-Built Homes. Factory-built homes may be used for residential purposes in the same manner as conventional site-built housing subject to the provisions of this chapter.
G. Group Care. All Group Care uses must comply with the provisions of Chapter 24.435.
H. Dining Establishments: Fast Service, Drive-Up. All Dining Establishments: Fast Service, Drive-Up uses must comply with the provisions of Chapter 24.475.
I. Domestic Animals.
1. Domestic animals, as defined in Chapter 24.110, are permitted in the C-1 zone; provided, that no more than four adult animals over the age of four months are permitted per dwelling unit or establishment; and further provided, that no more than three adult dogs shall be permitted per dwelling unit or establishment.
2. Notwithstanding subsection (I)(1) of this section, for uses conducted in the C-1 zone that are classified in the Family Residential: Mobile Home; Family Residential: Single-Family; Family Residential: Two-Family; and Residential Condominiums use types, up to six adult animals over the age of four months are permitted; provided, that no more than three adult dogs shall be permitted per dwelling unit.
J. Livestock Animals. Livestock animals are not permitted in the C-1 zone.
K. Wild Animals. Wild animals are not permitted in the C-1 zone.
L. Recycling Services: Consumer Recycling Collection Points. Uses classified in the Recycling Services: Consumer Recycling Collection Points use type must comply with the provisions of Chapter 24.485.
M. Wireless Telecommunications Facilities: Minor. Uses classified in the Wireless Telecommunications Facilities: Minor use type shall require a director’s permit pursuant to Chapter 24.505.
N. Personal Services: Restricted. All new uses, as defined by Section 24.115.3325, shall be permitted only if the following provisions are met:
1. No such use shall be established within 500 feet of any primary or secondary school, schoolgrounds, park, playground, preschool, nursery, day care center or other place frequented by children;
2. Each use classified as Personal Services: Restricted shall maintain a minimum distance of 500 feet from another;
3. Each Personal Services: Restricted use shall require a use permit. (Code 1971, § 15.232.050; Ord. No. 2000-04, § 29, 1-24-00; Ord. No. 2001-13, § 6, 7-17-01; Ord. No. 2011-005, § 4, 5-2-11; Ord. No. 2011-010, § 11, 8-1-11; Ord. No. 2021-017, § 17, 12-13-21)
24.232.060 Standards – Density.
For buildings or lots in the C-1 zone not used exclusively for residential purposes, there shall be no general lot area, lot width, or lot coverage standards. For buildings or lots used exclusively for residential purposes, the lot area, lot width, and lot coverage standards for the R-3 zone, and the standards for minimum lot area per dwelling unit of the R-3-3 subzone, shall apply. (Code 1971, § 15.232.060)
24.232.070 Standards – Height.
A. Height Determination. The height of buildings and other structures in the C-1 zone shall be determined in accordance with Section 24.405.040.
B. Maximum Number of Stories. Buildings and other structures in the C-1 zone shall not exceed three stories.
C. Maximum Height. Regardless of the number of stories comprising a building or structure, no portion of a building or other structure in the C-1 zone shall exceed 45 feet in height except as provided in Section 24.405.030. (Code 1971, § 15.232.070)
24.232.080 Standards – Yards.
Fences, walls, or other uses of yards in the C-1 zone shall comply with the yard requirements contained in Chapter 24.410. (Code 1971, § 15.232.080)
24.232.090 Standards – Setbacks.
Buildings and other structures, not including fences or walls, on a lot in the C-1 zone shall comply with all the following setback requirements:
A. Front Setbacks. There shall be no front setback requirement in the C-1 zone, except as provided in this subsection A:
1. Where the frontage of a lot not used exclusively for residential purposes is located partly in, or adjacent to, a residential zone, the front setback requirement for that residential zone shall apply.
2. Buildings and lots used exclusively for residential purposes shall comply with the front setback regulations of the R-3 zone.
B. Side Setbacks. There shall be no side setback requirement in the C-1 zone, except as provided in this subsection B:
1. Where the side of a lot in the C-1 zone not used exclusively for residential purposes abuts any residential zone, there shall be a side setback of not less than 10 percent of the width of the lot; provided, that such side setback shall not be less than three feet, and need not exceed five feet in width.
2. Buildings or lots used exclusively for residential purposes shall comply with the side setback regulations of the R-3 zone.
C. Rear Setbacks.
1. Each lot in this zone not used exclusively for residential purposes shall have a required rear setback of not less than 20 percent of the depth of the lot; except that such rear setback need not exceed 20 feet.
2. Buildings and lots used exclusively for residential purposes shall comply with the rear setback regulations of the R-3 zone. (Code 1971, § 15.232.090)
24.232.100 Standards – Accessory structures.
Accessory structures, as defined in Chapter 24.110, shall only be allowed to the extent such accessory structures comply with subsections A through D of this section:
A. The portion of any accessory structures used for required parking (e.g., garage, carport) shall provide for adequate ingress and egress as determined by the director;
B. The portion of any accessory structure that contains a habitable room shall not be located closer than three feet to any lot line, regardless of the location of the accessory structure on the lot.
C. All accessory structures are subject to compliance with all Uniform Building Code requirements, including, but not limited to, separation between structures.
D. In addition to the applicable provisions of subsections A through C of this section, a detached accessory structure may be located in the required yard areas only to the extent allowed by this subsection D as follows:
1. Detached accessory structures may be entirely or partially located in a required rear yard as long as these accessory structures do not occupy more than 50 percent of that required rear yard;
2. Detached accessory structures may be partially or entirely located in the portion of the required side yard which overlaps the required rear yard;
3. Detached accessory structures may be partially or entirely located in one of the required front yards of a through lot; provided, that such accessory structure is set back from the nearest front lot line a distance of not less than 10 percent of the depth of the lot, but need not exceed a setback of 25 feet, and at least five feet from any side lot line;
4. Where the average natural grade of a required front setback line is more than eight feet above the average established curb grade of the street upon which the lot abuts, a garage may be erected so as to extend into the required front yard or required side yard, but not so as to extend closer than five feet to any street property line; and
5. All detached accessory structures located in required yard areas shall not exceed one story in height and shall be no more than 14 feet in height. (Code 1971, § 15.232.100; Ord. No. 2021-017, § 17, 12-13-21)
24.232.110 Standards – Attached patio covers.
A patio cover attached to a dwelling unit may be located partially or entirely in a required rear yard subject to all of the following provisions:
A. Width of Covering. The width of such patio cover shall not exceed one-half of the width of the lot upon which it is located.
B. Location of Supports. Supports shall be a minimum of 12 feet from the rear lot line and a minimum of five feet from each of the side lot lines.
C. Overhang Allowable. Eave overhangs shall be a minimum of 10 feet from the rear lot line and a minimum of three feet from each of the side lot lines.
D. Side Enclosure Prohibited. No enclosure of any kind shall be permitted on any nonattached side of the attached patio cover.
E. Coverage of Building Area Limited. The area of the attached patio cover combined with the area of all other buildings and structures on the lot shall not exceed the maximum lot coverage permitted in this chapter. (Code 1971, § 15.232.110)
24.232.120 Standards – Other.
The following development regulations and standards shall also apply within the C-1 zone:
A. Parking. Off-street parking shall be provided for all uses as required by Chapter 24.415.
B. Signs. All signs must comply with the provisions of Chapter 24.420.
C. Coastal Development. All development within the CP overlay zone must comply with the provisions of Chapters 24.310 and 24.515.
D. Floodplain Overlay Zones. All development within a designated FP overlay zone must comply with the provisions of Chapters 24.320 and 24.530.
E. Mobile Homes. Uses classified as Family Residential: Mobile Home use types must be located on a permanent foundation system and must comply with the following architectural standards:
1. Roofing and siding materials shall be nonreflective; and
2. Roofs shall have a minimum roof overhang of 16 inches.
F. Displays for Uses in the Automotive and Accessories Use Type Category. Outdoor display of merchandise in conjunction with uses classified within the Automotive and Accessories: Gasoline Sales use type may be permitted; provided, that all of the following standards are met:
1. Lubricating Materials. Not more than one day’s supply of lubricating materials, computed on the basis of average daily sales, may be placed upon the pump island or within two feet of the pump island or primary building. All such lubricating materials must be displayed in appropriate racks.
2. Tire Display. Not more than two enclosed tire storage or display cabinets are permitted. In lieu of tire cabinets, not more than four individual new tires in appropriate open racks or stands may be displayed; provided, that such racks or stands are located within two feet of the perimeter of the pump island or primary building.
3. Vending Machines. Vending machines, including, but not limited to, soft drink dispensers or cigarette or candy vending machines, may be displayed within two feet of the perimeter of the primary building. Not more than four such machines are permitted.
G. Open Storage. Except as otherwise provided in this section, open storage on a lot occupied exclusively by a use classified within a general use type is prohibited. Open storage in the front yard of any lot occupied by a use within a residential use type is prohibited.
H. Outdoor Retail Activities.
1. Uses classified within general use types, other than those listed in subsection (H)(2) of this section, shall be conducted entirely within a completely enclosed building except as may be otherwise permitted pursuant to Chapter 24.120 or by the terms and conditions of a use permit authorizing such uses.
2. The following general use types need not be conducted entirely within a completely enclosed building:
a. Automotive and Accessories: Gasoline Sales.
b. Automotive and Accessories: Parking.
c. Dining Establishments: Ancillary Service.
d. Dining Establishments: Fast Service, Drive-Up.
e. Dining Establishments: Full Service.
f. Farmers’ Market, Certified.
g. Helicopter Landing Services.
h. Medical Services: Mobile Equipment.
i. Nursery Sales.
j. Recreation Services: Outdoor Entertainment.
k. Recreation Services: Outdoor Sports and Recreation.
l. Recreation Services: Public Parks and Playgrounds.
m. Recycling Services: Consumer Recycling Collection Points.
n. Swap Meets.
o. Utility or Equipment Substations.
I. Swap Meets. Uses classified within the Swap Meets use type may be conducted in the C-1 zone; provided, that all such uses must obtain a use permit pursuant to Chapter 24.520; and further provided, that any such use may be conducted only for a maximum of 48 hours within any seven-day consecutive period.
J. Vehicle Repair. No vehicles may be repaired on sites occupied by residential land uses unless all of the following conditions are met:
1. The vehicle under repair must be owned by the current resident of the property upon which the repairs are being made.
2. Registration or proof of current ownership of the vehicle being repaired shall be available for inspection on the premises at all times while the vehicle is under repair.
3. Vehicle repairs may be conducted only between the hours of 7:00 a.m. and 10:00 p.m.
4. Repair of a particular vehicle shall be conducted and completed in no more than 30 days.
5. Storage of any vehicle under repair, or storage of parts of a vehicle, upon a public street or alley or upon an unpaved yard area, other than a driveway, is prohibited.
6. Body work on a vehicle is prohibited.
7. Painting of a vehicle or any portion of a vehicle is prohibited. (Code 1971, § 15.232.120)
24.232.130 Density review.
Prior to issuance of building permits, floor plans may be reviewed by the director to determine that density standards will not be exceeded. In order to preclude or lessen the possibility that density standards will be exceeded, or that unlawful density increases will occur in the future, no more than one kitchen shall be allowed per dwelling unit. In the density review process, additional changes may be required in the placement of exterior doors, windows, stairways, hallways, utility connections, or other fixtures or architectural features when determined by the director to be necessary or desirable to preclude or lessen the likelihood of unlawful density increases. (Code 1971, § 15.232.130)
24.232.140 Nonconformance.
All nonconforming uses, nonconforming structures, and nonconforming lots are subject to the provisions of Chapter 24.465. (Code 1971, § 15.232.140)
24.234.010 Chapter description.
This chapter establishes the C-1A intermediate commercial zone, also known as the C-1A zone, and prescribes use types and other regulations for this zone. Any applicable overlay zones described in Chapters 24.300 through 24.399 may impose regulations in addition to those prescribed by this chapter for the C-1A zone. (Code 1971, § 15.234.010)
24.234.020 Uses – Permitted.
The following use types are permitted, subject to the provisions of this chapter:
A. Residential.
Family Residential: Large Multifamily.
Family Residential: Mobile Home.
Family Residential: Single-Family Family Residential: Small Multifamily.
Family Residential: Two-Family.
Residential Care.
Residential Condominiums.
B. General.
Administrative, Business, and Professional Services.
Animal Sales and Services: Grooming and Pet Stores.
Animal Sales and Services: Veterinary.
Automotive and Accessories: Automotive Rentals.
Automotive and Accessories: Parking.
Business and Professional Support.
Community Meeting.
Construction Sales and Services: Building Supply Stores.
Cultural and Library Services.
Day Care Centers.
Dining Establishments: Ancillary Service.
Dining Establishments: Full-Service.
Dining Establishments: Take Out.
Drinking Establishments.
Education Services: Commercial.
Food and Beverage Retail Sales.
Funeral and Interment Services.
Government Services.
Lodging Services: Bed and Breakfast Inns.
Medical Services: Consulting.
Medical Services: Mobile Equipment.
Nursery Sales.
Personal Services.
Property Maintenance Services.
Recreation Services: Amusement Centers.
Recreation Services: Indoor Entertainment.
Recreation Services: Indoor Sports and Recreation.
Recreation Services: Public Parks and Playgrounds.
Recycling Services: Consumer Recycling Collection Points.
Repair Services.
Retail Sales.
Safety Services.
Shopping Centers: Small.
Wireless Telecommunications Facilities: Mini.
Wireless Telecommunications Facilities: Minor.
C. Agricultural.
None. (Code 1971, § 15.234.020; Ord. No. 2000-04, § 30, 1-24-00; Ord. No. 2011-005, § 5, 5-2-11; Ord. No. 2021-017, § 18, 12-13-21)
24.234.030 Uses – Subject to a use permit.
The following use types may be permitted, subject to the provisions of this chapter; and further provided, that a use permit is approved pursuant to Chapter 24.520:
A. Residential.
Group Residential.
B. General.
Auction Sales.
Automotive and Accessories: Automotive Repairs, Systems.
Automotive and Accessories: Automotive Sales, Retail.
Automotive and Accessories: Cleaning.
Automotive and Accessories: Gasoline Sales.
Boating and Harbor Activities: Boat Sales and Services.
Day Services Facility.
Dining Establishments: Fast Counter Service.
Dining Establishments: Fast Service, Drive-Up.
Education Services: General.
Equipment Rentals, Sales, and Services: Light.
Group Care.
Helicopter Landing Services.
Lodging Services: Hotels and Motels.
Personal Services: Restricted.
Recreation Services: Outdoor Entertainment.
Recreation Services: Outdoor Sports and Recreation.
Shopping Centers: Large.
Swap Meets.
Transportation Services.
Utility or Equipment Substations.
Wireless Telecommunications Facilities: Major.
C. Agricultural.
None. (Code 1971, § 15.234.030; Ord. No. 2000-04, § 31, 1-24-00; Ord. No. 2002-05, § 4, 3-18-02; Ord. No. 2011-010, § 12, 8-1-11; Ord. No. 2012-024, § 5, 12-17-12; Ord. No. 2017-008, § 5, 4-17-17; Ord. No. 2021-017, § 18, 12-13-21)
24.234.035 Uses – Subject to a director’s permit.
The following use types may be permitted, subject to the provisions of this chapter; and further provided, that a director’s permit is approved pursuant to Chapter 24.505:
A. Residential.
None.
B. General.
Farmers’ Market, Certified.
Thrift Stores.
C. Agricultural.
None. (Ord. No. 2010-006, § 4, 4-26-10; Ord. No. 2012-024, § 6, 12-17-12)
24.234.040 Uses – Incidental.
Incidental uses as defined in Chapter 24.110 may be permitted. (Code 1971, § 15.234.040)
24.234.050 Uses – Special provisions.
Uses listed in Sections 24.234.020 through 24.234.040 must also comply with the following special provisions:
A. Reserved.
B. Design Review. Design review approval must be obtained to the extent required by Chapter 24.545.
C. Planned Development Permit. Approval of a planned development permit pursuant to Chapter 24.525, or amendment pursuant to Chapter 24.570, is required for any construction of new structures, or additions or alterations to existing structures in conjunction with, or in any way related to, the following use types:
1. Family Residential: Large Multifamily.
2. Residential Condominiums and for any residential condominium conversion in the C-1A zone.
D. Temporary Uses. Temporary uses may be conducted in the C-1A zone only to the extent permitted by Chapter 24.120.
E. Home Occupations. Home occupations may be conducted in the C-1A zone only to the extent permitted by Chapter 24.125.
F. Factory-Built Homes. Factory-built homes may be used for residential purposes in the same manner as conventional site-built housing subject to the provisions of this chapter.
G. Group Care. All Group Care uses must comply with the provisions of Chapter 24.435.
H. Dining Establishments: Fast Service, Drive-Up. All Dining Establishments: Fast Service, Drive-Up uses shall comply with the provisions of Chapter 24.475.
I. Domestic Animals.
1. Domestic animals, as defined in Chapter 24.110, are permitted in the C-1A zone; provided, that no more than four adult animals over the age of four months are permitted per dwelling unit or establishment; and further provided, that no more than three adult dogs shall be permitted per dwelling unit or establishment.
2. Notwithstanding subsection (I)(1) of this section, for uses conducted in the C-1A zone that are classified in the Family Residential: Mobile Home; Family Residential: Single-Family; Family Residential: Two-Family; and Residential Condominiums use types, up to six adult animals over the age of four months are permitted; provided, that no more than three adult dogs shall be permitted per dwelling unit.
J. Livestock Animals. Livestock animals are not permitted in the C-1A zone.
K. Wild Animals. Wild animals are not permitted in the C-1A zone.
L. Recycling Services: Consumer Recycling Collection Points. Uses classified in the Recycling Services: Consumer Recycling Collection Points use type must comply with the provisions of Chapter 24.485.
M. Swap Meets. Uses classified within the Swap Meets use type may be conducted in the C-1A zone; provided, that all such uses must obtain a use permit pursuant to Chapter 24.520; and further provided, that any such use may be conducted only for a maximum of 48 hours within any seven-day consecutive period.
N. Wireless Telecommunications Facilities: Minor. Uses classified in the Wireless Telecommunications Facilities: Minor use type shall require a director’s permit pursuant to Chapter 24.505.
O. Personal Services: Restricted. All new uses, as defined by Section 24.115.3325, shall be permitted only if the following provisions are met:
1. No such use shall be established within 500 feet of any primary or secondary school, schoolgrounds, park, playground, preschool, nursery, day care center or other place frequented by children;
2. Each use classified as Personal Services: Restricted shall maintain a minimum distance of 500 feet from another;
3. Each Personal Services: Restricted use shall require a use permit. (Code 1971, § 15.234.050; Ord. No. 2000-04, § 32, 1-24-00; Ord. No. 2001-13, § 7, 7-17-01; Ord. No. 2011-005, § 6, 5-2-11; Ord. No. 2011-010, § 13, 8-1-11; Ord. No. 2021-017, § 18, 12-13-21)
24.234.060 Standards – Density.
For buildings and lots in the C-1A zone not used exclusively for residential purposes, there shall be no lot area, lot width, or lot coverage standards. For buildings or lots used exclusively for residential purposes, the lot area, lot width, and lot coverage standards for the R-3 zone, and the standards for minimum lot area per dwelling unit of the R-3-3 subzone, shall apply. (Code 1971, § 15.234.060)
24.234.070 Standards – Height.
A. Height Determination. The height of buildings and other structures in the C-1A zone shall be determined in accordance with Section 24.405.040.
B. Maximum Number of Stories. Buildings and other structures in the C-1A zone shall not exceed six stories.
C. Maximum Height. Regardless of the number of stories comprising a building or structure, no portion of a building or other structure in the C-1A zone shall exceed 75 feet in height except as provided in Section 24.405.030. (Code 1971, § 15.234.070)
24.234.080 Standards – Yards.
Fences, walls, or other uses of yards in the C-1A zone shall comply with the yard requirements contained in Chapter 24.410. (Code 1971, § 15.234.080)
24.234.090 Standards – Setbacks.
Buildings and other structures, not including fences or walls, on a lot in the C-1A zone shall comply with all the following setback requirements:
A. Front Setbacks. There shall be no front setback requirement in the C-1A zone, except as provided in this subsection A:
1. Where the frontage of a lot not used exclusively for residential purposes is located partly in, or adjacent to, a residential zone, the front setback requirement for that residential zone shall apply.
2. Buildings and lots used exclusively for residential purposes shall comply with the front setback regulations of the R-3 zone.
B. Side Setbacks. There shall be no side setback requirement in the C-1A zone, except as provided in this subsection B:
1. Where the side of a lot in the C-1A zone not used exclusively for residential purposes abuts any residential zone, there shall be a side setback of not less than 10 percent of the width of the lot; except that such side setback shall not be less than three feet, and need not exceed five feet in width.
2. Buildings or lots used exclusively for residential purposes shall comply with the side setback regulations of the R-3 zone.
C. Rear Setbacks.
1. Each lot in the C-1A zone not used exclusively for residential purposes shall have a required rear setback of not less than 20 percent of the depth of the lot; except that such rear setback need not exceed 20 feet.
2. Buildings and lots in the C-1A zone used exclusively for residential purposes shall comply with the rear setback regulations of the R-3 zone. (Code 1971, § 15.234.090)
24.234.100 Standards – Accessory structures.
Accessory structures, as defined in Chapter 24.110, shall only be allowed to the extent such accessory structures comply with subsections A through D of this section:
A. The portion of any accessory structures used for required parking (e.g., garage, carport) shall provide for adequate ingress and egress as determined by the director;
B. The portion of any accessory structure that contains a habitable room shall not be located closer than three feet to any lot line, regardless of the location of the accessory structure on the lot.
C. All accessory structures are subject to compliance with all Uniform Building Code requirements, including, but not limited to, separation between structures.
D. In addition to the applicable provisions of subsections A through C of this section, a detached accessory structure may be located in the required yard areas only to the extent allowed by this subsection D as follows:
1. Detached accessory structures may be entirely or partially located in a required rear yard as long as these accessory structures do not occupy more than 50 percent of that required rear yard;
2. Detached accessory structures may be partially or entirely located in the portion of the required side yard which overlaps the required rear yard;
3. Detached accessory structures may be partially or entirely located in one of the required front yards of a through lot; provided, that such accessory structure is set back from the nearest front lot line a distance of not less than 10 percent of the depth of the lot, but need not exceed a setback of 25 feet, and at least five feet from any side lot line;
4. Where the average natural grade of a required front setback line is more than eight feet above the average established curb grade of the street upon which the lot abuts, a garage may be erected so as to extend into the required front yard or required side yard, but not so as to extend closer than five feet to any street property line; and
5. All detached accessory structures located in required yard areas shall not exceed one story in height and shall be no more than 14 feet in height. (Code 1971, § 15.234.100; Ord. No. 2021-017, § 18, 12-13-21)
24.234.110 Standards – Attached patio covers.
A patio cover attached to a dwelling unit may be located partially or entirely in a required rear yard subject to all of the following provisions:
A. Width of Covering. The width of such patio cover shall not exceed one-half of the width of the lot upon which it is located.
B. Location of Supports. Supports shall be a minimum of 12 feet from the rear lot line and a minimum of five feet from each of the side lot lines.
C. Overhang Allowable. Eave overhangs shall be a minimum of 10 feet from the rear lot line and a minimum of three feet from each of the side lot lines.
D. Side Enclosure Prohibited. No enclosure of any kind shall be permitted on any nonattached side of such structure.
E. Coverage of Building Area Limited. The area of the attached patio cover combined with the area of all other buildings and structures on the lot shall not exceed the maximum lot coverage permitted in this chapter. (Code 1971, § 15.234.110)
24.234.120 Standards – Other.
The following development regulations and standards shall also apply within the C-1A zone:
A. Parking. Off-street parking shall be provided for all uses as required by Chapter 24.415, except as provided in this subsection A.
For the seaward parking corridor, as defined in Chapter 24.110, the number of off-street parking spaces required for general use types shall be determined in accordance with this subsection as follows:
Use Type | Parking Spaces Required | |
|---|---|---|
1. | Administrative, Business, and Professional Services | One space for each 250 square feet of gross floor area. |
Animal Sales and Services: Grooming and Pet Stores | ||
Animal Sales and Services: Veterinary | ||
Auction Sales | ||
Automotive and Accessories: Automotive Repairs, System | ||
Automotive and Accessories: Cleaning | ||
Automotive and Accessories: Gasoline Sales | ||
Business and Professional Support | ||
Construction Sales and Services: Building Supply Stores | ||
Cultural and Library Services | ||
Dining Establishments: Ancillary Service | ||
Dining Establishments: Take Out | ||
Equipment Rentals, Sales, and Services: Light | ||
Food and Beverage Retail Sales | ||
Funeral and Interment Services | ||
Government Services | ||
Medical Services: Consulting | ||
Medical Services: Mobile Equipment | ||
Personal Services | ||
Property Maintenance Services | ||
Repair Services | ||
Retail Sales | ||
Safety Services | ||
Shopping Centers: Large | ||
Shopping Centers: Small | ||
Transportation Services | ||
2. | Automotive and Accessories: Automotive Rentals | One space for each 250 square feet of gross floor area plus one space for each 1,000 square feet of outdoor sales, display or storage area up to 5,000 square feet plus one parking space for each 5,000 square feet of outdoor sales area, display, or storage area thereafter. |
Automotive and Accessories: Auto Sales, Retail | ||
Boating and Harbor Activities: Boat Sales and Services | ||
Nursery Sales | ||
3. | Community Meeting | One space for each four fixed seats or each 96 inches, or fraction thereof, of the length of bench-type seats, or 28 gross square feet where no permanent seats are maintained, in any main meeting area, auditorium, meeting room, sanctuary or place of worship. |
4. | Day Care Centers | One space for every group of 13 children plus one for each staff member on site at any one time. |
5. | Dining Establishments: Fast Counter Service | One space for each 45 square feet of customer service area, plus one space for each 250 square feet of other gross floor area. |
Dining Establishments: Fast Service, Drive-up | ||
Dining Establishments: Full Service | ||
Drinking Establishments | ||
6. | Educational Services: Commercial | One space for each 150 gross square feet of floor area of classroom area plus one space for each 250 gross square feet of other floor area. |
7. | Educational Services: General | Elementary Schools and Middle Schools: One space for each classroom plus one space for each five fixed seats of any area utilized for auditorium purposes or for each 35 gross square feet of seating area where there are no fixed seats in any area utilized for auditorium purposes. |
High Schools: Five spaces for each classroom plus one space for each five fixed seats of any area utilized for auditorium purposes or for each 35 gross square feet of seating area where there are no fixed seats in any area utilized for auditorium purposes. | ||
Colleges: Seven spaces for each classroom plus one space for each five fixed seats of any area utilized for auditorium purposes or for each 35 gross square feet of seating area where there are no fixed seats in any area utilized for auditorium purposes. | ||
8. | Farmers’ Market, Certified | A number of spaces as determined necessary by the decision-making authority to provide adequate vehicular access while minimizing adverse impacts on the surrounding neighborhood. |
Helicopter Landing Services | ||
Recreation Services: Outdoor Entertainment | ||
Recreation Services: Outdoor Sports and Recreation | ||
Recreation Services: Public Parks and Playgrounds | ||
Swap Meets | ||
9. | Group Care | One space for each person employed at the site plus one-quarter space for each resident bed. |
10. | Lodging Services: Bed and Breakfast Inns | Two spaces within a garage. Where two spaces within a garage are already being provided for a Family Residential: Single-Family, those two spaces within a garage shall be deemed to adequately meet the requirements of this subsection. One open or covered space for each guest room must also be provided. |
11. | Lodging Services: Hotels and Motels | One and one-half for each sleeping unit plus whatever number of spaces may be required for other principal uses (e.g., Dining Establishments, Drinking Establishments, etc.) on the site. |
12. | Recreation Services: Amusement Centers | Bowling alleys, tennis courts, handball courts and similar facilities having clearly designated courts or playing areas: Three spaces for each bowling lane or playing court plus whatever number of spaces are required for any other principal uses on the site (e.g., Dining Establishments, Drinking Establishments, etc.) |
Recreation Services: Indoor Sports and Recreation | ||
For other participant-oriented facilities, (e.g., skating rinks, amusement centers, fitness centers, billiard parlors): One space for each 100 gross square feet of floor area. | ||
13. | Recreation Services: Indoor Entertainment | One space for each 5 fixed seats or 35 gross square feet of nonfixed seating area plus one space for each 250 gross square feet of other floor area. |
14. | Utility or Equipment Substation | One space for each 250 square feet; provided, that no parking spaces are required for completely automated, unattended facilities. |
15. | Automotive and Accessories: Parking | No additional parking spaces required. |
Recycling Services: Consumer Recycling Collection Points. | ||
B. Signs. All signs must comply with the provisions of Chapter 24.420;
C. Coastal Development. All development within the CP overlay zone must comply with the provisions of Chapters 24.310 and 24.515;
D. Floodplain Overlay Zones. All development within a designated floodplain (FP) overlay zone must comply with the provisions of Chapters 24.320 and 24.530;
E. Mobile Homes. Uses classified as Family Residential: Mobile Home use type must be located on a permanent foundation system and must comply with the following architectural standards:
1. Roofing and siding materials shall be nonreflective; and
2. Roofs shall have a minimum roof overhang of 16 inches.
F. Displays for Uses in the Automotive and Accessories Use Type Category. Outdoor display of merchandise in conjunction with uses classified within the Automotive and Accessories: Gasoline Sales use type may be permitted; provided, that all of the following standards are met:
1. Lubricating Materials. Not more than one day’s supply of lubricating materials, computed on the basis of average daily sales, may be placed upon the pump island or within two feet of the pump island or primary building. All such lubricating materials must be displayed in appropriate racks.
2. Tire Display. Not more than two enclosed tire storage or display cabinets are permitted. In lieu of tire cabinets, not more than four individual new tires in appropriate open racks or stands may be displayed; provided, that such racks or stands are located within two feet of the perimeter of the pump island or primary building.
3. Vending Machines. Vending machines, including, but not limited to, soft drink dispensers or cigarette or candy vending machines, may be displayed within two feet of the perimeter of the primary building. Not more than four such machines are permitted.
G. Open Storage. Open storage in the front yard of any lot occupied by a use classified within a residential use type is prohibited. Open storage of materials and equipment for uses other than those classified within residential use types, other than outdoor displays of merchandise conditionally allowed by subsection F of this section, shall only be permitted when incidental to the permitted use of an office, store, or other main commercial building and only if the following standards are met:
1. Such storage shall be located on the rear one-half of the lot and shall be confined to an area not to exceed 3,000 square feet;
2. No power-driven excavating or road-building equipment shall be stored on the lot;
3. The storage area shall be completely enclosed by a solid wall or fence not less than six feet in height and which may include a solid gate; and
4. No materials or equipment shall be stored to a height greater than the height of the required fence or wall.
H. Outdoor Retail Activities.
1. Uses classified within general use types, other than those listed in subsection (H)(2) of this section, shall be conducted entirely within a completely enclosed building except as may be otherwise permitted pursuant to Chapter 24.120 or by the terms or conditions of a use permit authorizing such uses.
2. The following general use types need not be conducted entirely within a completely enclosed building:
a. Automotive and Accessories: Automotive Rentals.
b. Automotive and Accessories: Automotive Sales, Retail.
c. Automotive and Accessories: Cleaning.
d. Automotive and Accessories: Gasoline Sales.
e. Automotive and Accessories: Parking.
f. Boating and Harbor Activities: Boat Sales and Services.
g. Dining Establishments: Ancillary Service.
h. Dining Establishments: Fast Service, Drive-Up.
i. Dining Establishments: Full Service.
j. Farmers’ Market, Certified.
k. Helicopter Landing Services.
l. Medical Services: Mobile Equipment.
m. Nursery Sales.
n. Recreation Services: Outdoor Entertainment.
o. Recreation Services: Outdoor Sports and Recreation.
p. Recreation Services: Public Parks and Playgrounds.
q. Recycling Services: Consumer Recycling Collection Points.
r. Swap Meets.
s. Utility or Equipment Substations.
I. Equipment Repair and Reconditioning. All new and used automobile, trailer, and boat sales, services, or repairs shall comply with the following standards:
1. All outdoor display areas related to such uses shall be entirely surfaced with concrete or asphaltic concrete.
2. No repair or reconditioning of automobiles, trailers, or boats shall be permitted unless conducted entirely within an enclosed building.
J. Vehicle Repair. No vehicles may be repaired on sites occupied by residential land uses unless all the following conditions are met:
1. The vehicle under repair must be owned by the current resident of the property upon which the repairs are being made.
2. Registration or proof of current ownership of the vehicle being repaired shall be available for inspection on the premises at all times while the vehicle is under repair.
3. Vehicle repairs may be conducted only between the hours of 7:00 a.m. and 10:00 p.m.
4. Repair of a particular vehicle shall be conducted and completed in no more than 30 days.
5. Storage of any vehicle under repair, or storage of parts of a vehicle, upon a public street or alley or upon an unpaved yard area, other than a driveway, is prohibited.
6. Body work on a vehicle is prohibited.
7. Painting of a vehicle or any portion of a vehicle is prohibited. (Code 1971, § 15.234.120; Ord. No. 2002-05, § 5, 3-18-02; Ord. No. 2021-017, § 18, 12-13-21)
24.234.130 Density review.
Prior to issuance of building permits, floor plans may be reviewed by the director to determine that density standards will not be exceeded. In order to preclude or lessen the possibility that density standards will be exceeded, or that unlawful density increases will occur in the future, no more than one kitchen shall be allowed per dwelling unit. In the density review process, additional changes may be required in the placement of exterior doors, windows, stairways, hallways, utility connections, or other fixtures or architectural features when determined by the director to be necessary or desirable to preclude or lessen the likelihood of unlawful density increases. (Code 1971, § 15.234.130)
24.234.140 Nonconformance.
All nonconforming uses, nonconforming structures, and nonconforming lots are subject to the provisions of Chapter 24.465. (Code 1971, § 15.234.140)
24.236.010 Chapter description.
This chapter establishes the C-2 general commercial zone, also known as the C-2 zone, and prescribes use types and other regulations for this zone. Any applicable overlay zones described in Chapters 24.300 through 24.399 may impose regulations in addition to those prescribed by this chapter for the C-2 zone. (Code 1971, § 15.236.010)
24.236.020 Uses – Permitted.
The following use types are permitted, subject to the provisions of this chapter:
A. Residential.
Family Residential: Large Multifamily.
Family Residential: Mobile Home.
Family Residential: Single-Family.
Family Residential: Small Multifamily.
Family Residential: Two-Family.
Residential Care.
Residential Condominiums.
B. General.
Administrative, Business, and Professional Services.
Animal Sales and Services: Grooming and Pet Stores.
Animal Sales and Services: Veterinary.
Automotive and Accessories: Automotive Rentals.
Automotive and Accessories: Automotive Repairs, Systems.
Automotive and Accessories: Automotive Sales, Retail.
Automotive and Accessories: Parking.
Boating and Harbor Activities: Boat Sales and Services.
Business and Professional Support.
Community Meeting.
Construction Sales and Services: Building Supply Stores.
Cultural and Library Services.
Day Care Centers.
Dining Establishments: Ancillary Service.
Dining Establishments: Fast Counter Service.
Dining Establishments: Full-Service.
Dining Establishments: Take Out.
Drinking Establishments.
Education Services: Commercial.
Equipment Rentals, Sales, and Services: Light.
Food and Beverage Retail Sales.
Funeral and Interment Services.
Government Services.
Laundry Services.
Lodging Services: Bed and Breakfast Inns.
Medical Services: Consulting.
Medical Services: Mobile Equipment.
Nursery Sales.
Oil Equipment Services: Light.
Personal Services.
Property Maintenance Services.
Recreation Services: Amusement Centers.
Recreation Services: Indoor Entertainment.
Recreation Services: Indoor Sports and Recreation.
Recreation Services: Public Parks and Playgrounds.
Recycling Services: Consumer Recycling Collection Points.
Repair Services.
Retail Sales.
Safety Services.
Shopping Centers: Small.
Wireless Telecommunications Facilities: Mini.
Wireless Telecommunications Facilities: Minor.
C. Agricultural.
None. (Code 1971, § 15.236.020; Ord. No. 2000-04, § 33, 1-24-00; Ord. No. 2002-05, § 6, 3-18-02; Ord. No. 2011-005, § 7, 5-2-11; Ord. No. 2021-017, § 19, 12-13-21)
24.236.030 Uses – Subject to a use permit.
The following use types may be permitted, subject to the provisions of this chapter; and further provided, that a use permit is approved pursuant to Chapter 24.520:
A. Residential.
Group Residential.
B. General.
Auction Sales.
Automotive and Accessories: Cleaning.
Automotive and Accessories: Gasoline Sales.
Construction Sales and Services: Lumber Yards.
Day Services Facility.
Dining Establishments: Fast Service, Drive-Up.
Education Services: General Group Care.
Helicopter Landing Services.
Lodging Services: Hotels and Motels.
Personal Services: Restricted.
Recreation Services: Outdoor Entertainment.
Recreation Services: Outdoor Sports and Recreation.
Shopping Centers: Large.
Swap Meets.
Transportation Services.
Utility or Equipment Substations.
Wireless Telecommunications Facilities: Major.
C. Agricultural.
None. (Code 1971, § 15.236.030; Ord. No. 2000-04, § 34, 1-24-00; Ord. No. 2011-010, § 14, 8-1-11; Ord. No. 2012-024, § 7, 12-17-12; Ord. No. 2017-008, § 6, 4-17-17; Ord. No. 2021-017, § 19, 12-13-21)
24.236.035 Uses – Subject to a director’s permit.
The following use types may be permitted, subject to the provisions of this chapter; and further provided, that a director’s permit is approved pursuant to Chapter 24.505:
A. Residential.
None.
B. General.
Farmers’ Market, Certified.
Thrift Stores.
C. Agricultural.
None. (Ord. No. 2010-006, § 5, 4-26-10; Ord. No. 2012-024, § 8, 12-17-12)
24.236.040 Uses – Incidental.
Incidental uses as defined in Chapter 24.110 may be permitted. (Code 1971, § 15.236.040)
24.236.050 Uses – Special provisions.
Uses listed in Sections 24.236.020 through 24.236.040 must also comply with the following special provisions:
A. Reserved.
B. Reserved.
C. Design Review. Design review approval must be obtained to the extent required by Chapter 24.545.
D. Planned Development Permit. Approval of a planned development permit pursuant to Chapter 24.525, or amendment pursuant to Chapter 24.570, is required for any construction of new structures, or additions or alterations to existing structures in conjunction with, or in any way related to, the following use types:
1. Family Residential: Large Multifamily.
2. Residential Condominiums and for any residential condominium conversion in the C-1A zone.
E. Temporary Uses. Temporary uses may be conducted in the C-2 zone only to the extent permitted by Chapter 24.120.
F. Home Occupations. Home occupations may be conducted in the C-1A zone only to the extent permitted by Chapter 24.125.
G. Factory-Built Homes. Factory-built homes may be used for residential purposes in the same manner as conventional site-built housing subject to the provisions of this chapter.
H. Group Care. All Group Care uses must comply with the provisions of Chapter 24.435.
I. Dining Establishments: Fast Service, Drive-Up. All Dining Establishments: Fast Service, Drive-Up uses shall comply with the provisions of Chapter 24.475.
J. Domestic Animals.
1. Domestic animals, as defined in Chapter 24.110, are permitted in the C-1A zone; provided, that no more than four adult animals over the age of four months are permitted per dwelling unit or establishment; and further provided, that no more than three adult dogs shall be permitted per dwelling unit or establishment.
2. Notwithstanding subsection (J)(1) of this section, for uses conducted in the C-1A zone that are classified in the Family Residential: Mobile Home; Family Residential: Single-Family; Family Residential: Two-Family; and Residential Condominiums use types, up to six adult animals over the age of four months are permitted; provided, that no more than three adult dogs shall be permitted per dwelling unit.
K. Livestock Animals. Livestock animals are not permitted in the C-2 zone.
L. Wild Animals. Wild animals are not permitted in the C-2 zone.
M. Recycling Services: Consumer Recycling Collection Points. Uses classified in the Recycling Services: Consumer Recycling Collection Points use type must comply with the provisions of Chapter 24.485.
N. Swap Meets. Uses classified within the swap meets use type may be conducted in the C-1A zone; provided, that all such uses must obtain a use permit pursuant to Chapter 24.520; and further provided, that any such use may be conducted only for a maximum of 48 hours within any seven-day consecutive period.
O. Wireless Telecommunications Facilities: Minor. Uses classified in the Wireless Telecommunications Facilities: Minor use type shall require a director’s permit pursuant to Chapter 24.505.
P. Personal Services: Restricted. All new uses, as defined by Section 24.115.3325, shall be permitted only if the following provisions are met:
1. No such use shall be established within 500 feet of any primary or secondary school, schoolgrounds, park, playground, preschool, nursery, day care center or other place frequented by children;
2. Each use classified as Personal Services: Restricted shall maintain a minimum distance of 500 feet from another;
3. Each Personal Services: Restricted use shall require a use permit. (Code 1971, § 15.236.050; Ord. No. 2000-04, § 35, 1-24-00; Ord. No. 2001-13, § 8, 7-17-01; Ord. No. 2011-005, § 8, 5-2-11; Ord. No. 2011-010, § 15, 8-1-11; Ord. No. 2021-017, § 19, 12-13-21)
24.236.060 Standards – Density.
For buildings and lots in the C-2 zone not used exclusively for residential purposes, there shall be no general lot area, lot width, or lot coverage standards. For buildings or lots used exclusively for residential purposes, the lot area, lot width, and lot coverage standards for the R-3 zone, and the standards for minimum lot area per dwelling unit of the R-3-3 subzone, shall apply. (Code 1971, § 15.236.060)
24.236.070 Standards – Height.
A. Height Determination. The height of buildings and other structures in the C-2 zone shall be determined in accordance with Section 24.405.040.
B. Maximum Number of Stories. Buildings and other structures in the C-2 zone shall not exceed six stories in height.
C. Maximum Height. Regardless of the number of stories comprising a building or structure, no portion of a building or other structure in the C-2 zone shall exceed 75 feet in height except as provided in Section 24.405.030. (Code 1971, § 15.236.070)
24.236.080 Standards – Yards.
Fences, walls, and other uses of yards in the C-2 zone shall comply with the yard requirements contained in Chapter 24.410. (Code 1971, § 15.236.080)
24.236.090 Standards – Setbacks.
Buildings and other structures, not including fences or walls, on a lot in the C-2 zone shall comply with the following setback requirements:
A. Front Setbacks. There shall be no general front setback requirement in the C-2 zone; provided, that buildings or lots used exclusively for residential purposes shall comply with the front setback regulations of the R-3 zone.
B. Side Setbacks. There shall be no side setback requirement in the C-2 zone, except as provided in this subsection B:
1. Where the side of a lot in the C-2 zone not used exclusively for residential purposes abuts any residential zone, there shall be a side setback of not less than 10 percent of the width of the lot; provided, that such side setback shall not be less than three feet, and need not exceed five feet in width.
2. Buildings or lots used exclusively for residential purposes shall comply with the side setback regulations for the R-3 zone.
C. Rear Setbacks.
1. Each lot in this zone not used exclusively for residential purposes shall have a required rear setback of not less than 20 percent of the depth of the lot; except that such rear setback need not exceed 20 feet.
2. Buildings and lots used exclusively for residential purposes shall comply with the rear setback regulations of the R-3 zone. (Code 1971, § 15.236.090)
24.236.100 Standards – Accessory structures.
Accessory structures, as defined in Chapter 24.110, shall only be allowed to the extent such accessory structures comply with subsections A through D of this section:
A. The portion of any accessory structures used for required parking (e.g., garage, carport) shall provide for adequate ingress and egress as determined by the director;
B. The portion of any accessory structure that contains a habitable room shall not be located closer than three feet to any lot line, regardless of the location of the accessory structure on the lot;
C. All accessory structures are subject to compliance with all Uniform Building Code requirements, including, but not limited to, separation between structures;
D. In addition to the applicable provisions of subsections A through C of this section, a detached accessory structure may be located in the required yard areas only to the extent allowed by this subsection D as follows:
1. Detached accessory structures may be entirely or partially located in a required rear yard as long as these accessory structures do not occupy more than 50 percent of that required rear yard;
2. Detached accessory structures may be partially or entirely located in the portion of the required side yard which overlaps the required rear yard;
3. Detached accessory structures may be partially or entirely located in one of the required front yards of a through lot; provided, that such accessory structure is set back from the nearest front lot line a distance of not less than 10 percent of the depth of the lot, but need not exceed a setback of 25 feet, and at least five feet from any side lot line;
4. Where the average natural grade of a required front setback line is more than eight feet above the average established curb grade of the street upon which the lot abuts, a garage may be erected so as to extend into the required front yard or required side yard, but not so as to extend closer than five feet to any street property line; and
5. All detached accessory structures located in required yard areas shall not exceed one story in height and shall be no more than 14 feet in height. (Code 1971, § 15.236.100; Ord. No. 2021-017, § 19, 12-13-21)
24.236.110 Standards – Attached patio covers.
A covering for a patio in any required rear yard may be attached to a main building used as a residence subject to all of the following provisions:
A. Width of Covering. The width of such covering shall not exceed one-half of the width of the lot upon which it is located.
B. Location of Supports. Supports shall be a minimum of 12 feet from the rear lot line and a minimum of five feet from the side lot lines.
C. Overhang Allowable. Eave overhangs shall be a minimum of 10 feet from the rear lot line and a minimum of three feet from the side lot lines.
D. Side Enclosure Prohibited. No enclosure of any kind shall be permitted on any nonattached side of such structure.
E. Coverage of Building Area Limited. The area of covering combined with the area of all other buildings and structures on the lot shall not exceed the maximum lot coverage permitted in this chapter. (Code 1971, § 15.236.110)
24.236.120 Standards – Other.
The following development regulations and standards shall also apply within the C-2 zone:
A. Parking. Off-street parking shall be provided for all uses as required by Chapter 24.415.
B. Signs. All signs must comply with the provisions of Chapter 24.420.
C. Coastal Development. All development within the CP overlay zone must comply with the provisions of Chapters 24.310 and 24.515.
D. Floodplain Overlay Zones. All development within a designated floodplain (FP) overlay zone must comply with the provisions of Chapters 24.320 and 24.530.
E. Displays for Uses in the Automotive and Accessories Use Type Category. Outdoor display of merchandise in conjunction with uses classified within the Automotive and Accessories: Gasoline Sales, and Automotive and Accessories: Automotive Repairs, Systems use types may be permitted; provided, that all of the following standards are met:
1. Lubricating Materials. Not more than one day’s supply of lubricating materials, computed on the basis of average daily sales, may be placed upon the pump island or within two feet of the pump island or primary building. All such lubricating materials must be displayed in appropriate racks.
2. Tire Display. Not more than two enclosed tire storage or display cabinets are permitted. In lieu of tire cabinets, not more than four individual new tires in appropriate open racks or stands may be displayed; provided, that such racks or stands are located within two feet of the perimeter of the pump island or primary building.
3. Vending Machines. Vending machines, including, but not limited to, soft drink dispensers or cigarette or candy vending machines, may be displayed within two feet of the perimeter of the primary building. Not more than four such machines are permitted.
F. Open Storage. Open storage in the front yard of any lot occupied by a use classified within a residential use type is prohibited. Open storage of materials and equipment for uses other than those classified within a residential use type, other than outdoor displays of merchandise conditionally allowed by subsection E of this section, shall only be permitted when incidental to the use of an office, store, or other main commercial building, and only if the following standards are met:
1. Such storage shall be located on the rear one-half of the lot and shall be confined to an area not to exceed 3,000 square feet;
2. No power-driven excavating or road-building equipment shall be stored on the lot;
3. The storage area shall be completely enclosed by a solid wall or fence not less than six feet in height and which may include a solid gate; and
4. No materials or equipment shall be stored to a height greater than the height of the required fence or wall.
G. Equipment Repair and Reconditioning. All new and used automobile, trailer, and boat sales, services, or repairs shall comply with the following standards:
1. All outdoor display areas related to such uses shall be entirely surfaced with concrete or asphaltic concrete.
2. No repair or reconditioning of automobiles, trailers, or boats shall be permitted unless conducted entirely within an enclosed building.
H. Mobile Homes. Uses classified as Family Residential: Mobile Home use types must be located on a permanent foundation system and must comply with the following architectural standards:
1. Roofing and siding materials shall be nonreflective; and
2. Roofs shall have a minimum roof overhang of 16 inches.
I. Swap Meets. Uses classified within the Swap Meets use type may be conducted in the C-2 zone; provided, that all such uses must obtain a use permit pursuant to Chapter 24.520; and further provided, that any such use may be conducted only for a maximum of 48 hours within any seven-day consecutive period.
J. Vehicle Repair. No vehicles may be repaired on sites occupied by residential land uses unless all the following conditions are met:
1. The vehicle under repair must be owned by the current resident of the property upon which the repairs are being made.
2. Registration or proof of current ownership of the vehicle being repaired shall be available for inspection on the premises at all times while the vehicle is under repair.
3. Vehicle repairs may be conducted only between the hours of 7:00 a.m. and 10:00 p.m.
4. Repair of a particular vehicle shall be conducted and completed in no more than 30 days.
5. Storage of any vehicle under repair, or storage of parts of a vehicle, upon a public street or alley or upon an unpaved yard area, other than a driveway, is prohibited.
6. Body work on a vehicle is prohibited.
7. Painting of a vehicle or any portion of a vehicle is prohibited. (Code 1971, § 15.236.120)
24.236.130 Density review.
Prior to issuance of building permits, floor plans may be reviewed by the director to determine that density standards will not be exceeded. In order to preclude or lessen the possibility that density standards will be exceeded, or that unlawful density increases will occur in the future, no more than one kitchen shall be allowed per dwelling unit. In the density review process, additional changes may be required in the placement of exterior doors, windows, stairways, hallways, utility connections, or other fixtures or architectural features when determined by the director to be necessary or desirable to preclude or lessen the likelihood of unlawful density increases. (Code 1971, § 15.236.130)
24.236.140 Nonconformance.
All nonconforming uses, nonconforming structures, and nonconforming parcels are subject to the provisions of Chapter 24.465. (Code 1971, § 15.236.140)
24.238.010 Chapter description.
This chapter establishes the H-C harbor commercial zone and prescribes use types and other regulations for this zone. Any applicable overlay zones described in Chapters 24.300 through 24.399 may impose regulations in addition to those prescribed by this chapter for the H-C zone. The provisions of this chapter are intended to:
A. Provide an area in which coastal-dependent, coastal-related, recreational, visitor-serving, recreational boating, and commercial fishing facilities shall be emphasized and located to function safely, efficiently, and harmoniously;
B. Regulate, with both general and specific development standards, a high level of site development and operational performance with due consideration to visual impacts, and to public access opportunities; and
C. Provide visitor and recreational facilities serving low and moderate income persons. (Code 1971, § 15.238.010)
24.238.020 Uses – Permitted.
The following use types are permitted subject to the provisions of this chapter:
A. Residential.
None.
B. General.
Administrative, Business, and Professional Services.
Automotive and Accessories: Parking.
Boating and Harbor Activities: Boat Building or Repair.
Boating and Harbor Activities: Boat Sales and Services.
Boating and Harbor Activities: Boat Slips.
Boating and Harbor Activities: Commercial Boating and Fishing.
Boating and Harbor Activities: Harbor Sales and Services.
Business and Professional Support.
Community Meeting.
Cultural and Library Services.
Day Care Centers.
Dining Establishments: Ancillary Service.
Dining Establishments: Fast Counter Service.
Dining Establishments: Full Service.
Dining Establishments: Take Out.
Drinking Establishments.
Food and Beverage Retail Sales.
Food and Fish Processing: Fish Receiving.
Government Services.
Medical Services: Consulting.
Personal Services.
Recreation Services: Amusement Centers.
Recreation Services: Indoor Entertainment.
Recreation Services: Public Parks and Playgrounds.
Recycling Services: Consumer Recycling Collection Points.
Retail Sales.
Safety Services.
Shopping Centers: Large.
Shopping Centers: Small.
Utility or Equipment Substations.
Wireless Telecommunications Facilities: Mini.
Wireless Telecommunications Facilities: Minor.
Wireless Telecommunications Facilities: Major.
Uses, and development, included within the general use types in this subsection B include the following:
1. Commercial visitor-serving:
a. Marine and tourist-related retail shops.
b. Restaurants, including sale of alcoholic beverages.
c. Fast-food facilities (without drive-up facilities).
d. Licensed public premises for the sale of alcoholic beverages.
e. Marine-related museum.
2. Recreation, boating, fishing:
a. Anchorages, moorings, slips, and landings for pleasure craft.
b. Live-aboard boat slips and related support facilities.
c. Boat repair facilities, including removal from water for pleasure craft.
d. Boat storage, dry.
e. Boat sales, rental, charter.
f. Construction of pleasure craft up to a maximum of 30 feet.
g. Boating and yacht clubs and clubhouses.
h. Bait sales.
i. Commercial support facilities incidental to harbor-related uses, such as laundromats, coin-operated fabric cleaners, drugstores, liquor stores, restaurants, barbershops.
j. Jetties, breakwaters and other harbor components.
k. Marine engine sales and repairs.
l. Marine electronic sales and repairs.
m. Marine hardware and chandlery.
n. Sport fishing docks and charter offices.
o. Marina or anchorage facility, including administrative offices and support services (including restrooms, showers, laundry, caretaker’s quarters).
p. Sailing or scuba school.
3. Commercial fishing:
a. Anchorages, moorings, slips, and landings for commercial fishing craft.
b. Boat repair facilities, including removal from water, for commercial craft.
c. Boat construction for commercial craft, up to a maximum of 30 feet.
d. Commercial and recreational fish-receiving facility, including hoist, ice plant, storage, packaging, sales area and related offices (excluding fish-processing plants).
e. Retail fish sales, including preparation for on-site sales.
f. Fuel dock for commercial fishing.
g. Office related to commercial fishing.
h. Support facilities for commercial fishing, such as meeting rooms, showers, laundry, restrooms.
i. Marine trade school and applied research facilities.
4. General commercial retail and offices, including convenience stores; provided, that the combination of the sale of gasoline and alcoholic beverages from or at convenience stores is prohibited.
5. Public service facilities, including fire and police stations, libraries, public parking lots, sewer treatment facilities, utility substations.
C. Agricultural.
None. (Code 1971, § 15.238.020; Ord. No. 2000-04, § 36, 1-24-00; Ord. No. 2002-05, § 7, 3-18-02; Ord. No. 2023-008, § 4, 10-9-23)
24.238.030 Uses – Subject to a use permit.
The following use types may be permitted subject to the provisions of this chapter; and further provided, that a use permit is approved pursuant to Chapter 24.520:
A. Residential.
Family Residential: Caretaker.
B. General.
Auction Sales.
Automotive and Accessories: Gasoline Sales.
Education Services: Commercial.
Helicopter Landing Services.
Lodging Services: Hotels and Motels.
Personal Storage.
Recreation Services: Outdoor Sports and Recreation.
Transportation Services.
Uses within the general use types listed in this subsection B include the following:
1. Commercial visitor-serving:
a. Motels, hotels and accessory commercial, recreational, entertainment or convention facilities.
b. Automobile service station; provided, that sale of alcoholic beverages from or at service stations or on the same premises is prohibited.
2. Recreation:
a. Recreational facilities, such as tennis and racquetball courts.
C. Agricultural.
None. (Code 1971, § 15.238.030; Ord. No. 2012-024, § 9, 12-17-12)
24.238.035 Uses – Subject to a director’s permit.
The following use types may be permitted, subject to the provisions of this chapter; and further provided, that a director’s permit is approved pursuant to Chapter 24.505:
A. Residential.
None.
B. General.
Farmers’ Market, Certified.
Thrift Stores.
C. Agricultural.
None. (Ord. No. 2010-006, § 6, 4-26-10; Ord. No. 2012-024, § 10, 12-17-12)
24.238.040 Uses – Incidental.
Incidental uses as defined in Chapter 24.110 may be permitted. (Code 1971, § 15.238.040)
24.238.050 Uses – Special provisions.
Uses listed in Sections 24.238.020 through 24.238.040 must also comply with the following special provisions:
A. Design Review. Design review approval must be obtained to the extent required by Chapter 24.545.
B. Planned Development Permit. Approval of a planned development permit pursuant to Chapter 24.525, or amendment pursuant to Chapter 24.570, is required prior to initiation of a use on an undeveloped site, or prior to any construction of new structures or additions or alterations to existing structures in conjunction with, or in any way related to the use types listed in Sections 24.238.020 and 24.238.030 except for jetties, breakwaters and other harbor components the Recycling Services: Consumer Recycling Collection Points and Wireless Telecommunications Facilities: Mini and Minor use types.
C. Temporary Uses. Temporary uses may be conducted in the H-C zone to the extent permitted by Chapter 24.120.
D. Domestic Animals. Domestic animals are permitted provided there are no more than four adult animals per establishment; and further provided, that no more than one adult dog shall be permitted per establishment.
E. Livestock Animals. Livestock animals are not permitted in the H-C zone.
F. Wild Animals. Wild animals are not permitted in the H-C zone.
G. Recycling Services: Consumer Recycling Collection Points. Uses classified in the Recycling Services: Consumer Recycling Collection Point use type must comply with the provisions of Chapter 24.485.
H. Wireless Telecommunications Facilities: Minor. Uses classified in the Wireless Telecommunications Facilities: Minor use type shall require a director’s permit pursuant to Chapter 24.505. (Code 1971, § 15.238.050; Ord. No. 2000-04, § 37, 1-24-00; Ord. No. 2021-017, § 20, 12-13-21)
24.238.060 Standards – Density.
A. Lot Area and Lot Width. There shall be no general minimum lot area or lot width standards in this zone; provided, that the decision-making authority may specify such standards for a particular site as a condition of approval of a planned development permit, or amendment thereto, pursuant to Chapter 24.525.
B. Lot Coverage. Buildings and other structures shall not occupy more than 50 percent of the area for which a planned development permit is issued. Notwithstanding the above, all development shall be subject to lot coverage criteria set forth in the land use element of the comprehensive plan, land use element for the Harbor Area.
C. Density per Gross Acre. The average number of units per gross acre in the harbor commercial (H-C) zone shall not exceed 20 units per net acre. At no time shall more than an average of the allowable units per net acre be constructed or under construction on the portion of land which has been developed or is under development. Notwithstanding any of the above, residential development shall be subject to location and development criteria set forth in the land use element of the comprehensive plan for the Ventura Harbor Area. (Code 1971, § 15.238.060)
24.238.070 Standards – Height.
A. Height Determination. The height of buildings and other structures in the H-C zone shall be determined in accordance with Section 24.405.040.
B. Maximum Height and Maximum Number of Stories. Buildings and other structures in the H-C zone shall not exceed the maximum heights set forth in the land use element of the comprehensive plan for the Ventura Harbor. (Code 1971, § 15.238.070)
24.238.080 Standards – Yards.
Fences, walls, and other uses of yards in the H-C zone shall comply with the yard requirements contained in Chapter 24.410. (Code 1971, § 15.238.080)
24.238.090 Standards – Setbacks.
Buildings and other structures, not including fences or walls, in the H-C zone shall comply with the following setback requirements:
A. Front Setbacks. Each lot in this zone shall have a front setback of not less than 10 feet.
B. Side Setbacks. There shall be no general side setback requirement in this zone; provided, that the decision-making authority may specify required side setbacks as a condition of approval of a planned development permit, or amendment thereto, pursuant to Chapter 24.525.
C. Rear Setbacks. There shall be no rear setback requirement in this zone except as may be required by the decision-making authority as a condition of approval of a planned development permit or amendment thereto; provided, that where the subject development is located adjacent to the water, all buildings shall be set back a minimum of 25 feet from the top of the rock revetment. (Code 1971, § 15.238.090)
24.238.100 Standards – Accessory structures.
The decision-making authority may specify standards for accessory structures in conditions of the planned development permit, or amendments thereof, authorizing a particular project. (Code 1971, § 15.238.091)
24.238.110 Standards – Other.
The following development regulations and standards also apply within the H-C zone:
A. Parking. Off-street parking must be provided for all uses in the H-C zone as required by Chapter 24.415.
B. Signs. All signs must comply with the provisions of Chapter 24.420.
C. Coastal Development. All development within the CP overlay zone must comply with the provisions of Chapters 24.310 and 24.515.
D. Floodplain Overlay Zones. All development within a designated floodplain (FP) overlay zone must comply with the provisions of Chapters 24.320 and 24.530.
E. Displays for Uses in the Automotive and Accessories Use Type Category. Outdoor display of merchandise in conjunction with uses classified within the Automotive and Accessories: Gasoline Sales use type may be permitted; provided, that all of the following standards are met:
1. Lubricating Materials. Not more than one day’s supply of lubricating materials, computed on the basis of average daily sales, may be placed upon the pump island or within two feet of the pump island or primary building. All such lubricating materials must be displayed in appropriate racks.
2. Tire Display. Not more than two enclosed tire storage or display cabinets are permitted. In lieu of tire cabinets, not more than four individual new tires in appropriate open racks or stands may be displayed; provided, that such racks or stands are located within two feet of the perimeter of the pump island or primary building.
3. Vending Machines. Vending machines, including, but not limited to, soft drink dispensers or cigarette or candy vending machines, may be displayed within two feet of the perimeter of the primary building. Not more than four such machines are permitted.
F. Permit Conditions. Any project requiring a planned development permit or use permit in this zone shall comply with all of the following additional requirements:
1. A minimum of 15 percent of the area of a site for which a planned development permit is issued shall be landscaped.
2. Project design shall incorporate view corridors in conformance with the comprehensive plan.
3. A landscaped buffer a minimum of 12 feet in width, but averaging a total of 20 feet in width, shall be required between any vehicle parking area and any parallel bicycle and pedestrian paths located adjacent to the water. A landscaped buffer a minimum of five feet in width, but averaging a total of 10 feet in width, shall be required between a pedestrian path located adjacent to the water and any vehicle parking area.
G. Personal Storage. Uses classified within the personal storage use type may be permitted; provided, that a use permit is approved pursuant to Chapter 24.520 and the use complies with the following provisions:
1. Coastal-Dependent or Related Services. As a part of the use permit evaluation, it shall be demonstrated by the applicant how the project will provide for coastal-related storage. This may be shown through such means as operational standards that specifically accommodate harbor businesses, boat owners or boat slip lease holders; or the provision of storage areas specifically designed for coastal-related users such as commercial fishing operators. Approval and operation of such a project shall be subject to the applicant’s agreement to give priority to customers seeking coastal-dependent and related storage.
a. Fisherman’s Storage Yard. Acceptance of a permit involving personal and coastal-dependent storage use shall bind the applicant and all future successors in interest to maintain a minimum of one acre to be utilized as a fisherman’s storage yard; or, alternatively, to provide a comparable replacement.
2. Overconcentration. As a part of the use permit evaluation, and in addition to the other findings required for approval of a use permit pursuant to Section 24.520.070, the decision-making authority shall determine that approval of the personal storage use type will not displace priority coastal-dependent or related uses, such as dry boat storage and net repair within the harbor commercial zone district. In addition, the decision-making authority shall determine that the personal storage use will not result in an overconcentration of this use type within the harbor commercial zone district.
3. Location. All Personal Storage use types shall comply with both of the following location criteria:
a. The site shall not be located within the area defined in the city’s comprehensive plan as Ventura Harbor; and
b. Sites containing a Personal Storage use type shall not abut or front onto any scenic drive.
H. Family Residential: Caretaker. May be permitted only in conjunction with a Personal Storage use type and through the use permit evaluation. (Code 1971, § 15.238.100)
24.238.120 Density review.
Prior to issuance of building permits, floor plans may be reviewed by the director to determine that density standards will not be exceeded. In order to preclude or lessen the possibility that density standards will be exceeded, or that unlawful density increases will occur in the future, no more than one kitchen shall be allowed per dwelling unit. In the density review process, additional changes may be required in the placement of exterior doors, windows, stairways, hallways, utility connections, or other fixtures or architectural features when determined by the director to be necessary or desirable to preclude or lessen the likelihood of unlawful density increases. (Code 1971, § 15.238.101)
24.238.130 Nonconformance.
All nonconforming uses, nonconforming structures, and nonconforming lots are subject to the provisions of Chapter 24.465. (Code 1971, § 15.238.110)
24.240.010 Chapter description.
This chapter establishes the C-T-O commercial tourist-oriented zone and prescribes use types and other regulations for this zone. Any applicable overlay zones described in Chapters 24.300 through 24.399 may impose regulations in addition to those prescribed by this chapter for the C-T-O zone. The provisions of this chapter are intended to:
A. Provide an area in which visitor-serving, commercial and recreational facilities shall be emphasized and located to function safely, efficiently, and harmoniously;
B. Provide, with both general and specific development standards, a high level of site and operational performance with due consideration to visitor needs and opportunities; and
C. Provide visitor-serving commercial land and improvements in the coastal area from uses which are incompatible or more properly located in other zoning districts. (Code 1971, § 15.240.010)
24.240.020 Uses – Permitted.
The following use types are permitted, subject to the provisions of this chapter:
A. Residential.
None.
B. General.
Administrative, Business, and Professional Services.
Automotive and Accessories: Automotive Repairs, Systems.
Automotive and Accessories: Parking.
Business and Professional Support.
Community Meeting.
Cultural and Library Services.
Day Care Centers.
Dining Establishments: Ancillary Service.
Dining Establishments: Fast Counter Service.
Dining Establishments: Full Service.
Dining Establishments: Take Out.
Drinking Establishments.
Food and Beverage Retail Sales.
Government Services.
Lodging Services: Bed and Breakfast Inns.
Personal Services.
Property Maintenance Services.
Recreation Services: Amusement Centers.
Recreation Services: Indoor Entertainment.
Recreation Services: Indoor Sports and Recreation.
Recreation Services: Public Parks and Playgrounds.
Recycling Services: Consumer Recycling Collection Points.
Safety Services.
Shopping Centers: Large.
Shopping Centers: Small.
Utility or Equipment Substations.
Wireless Telecommunications Facilities: Mini.
Wireless Telecommunications Facilities: Minor.
Wireless Telecommunications Facilities: Major.
C. Agricultural.
None. (Code 1971, § 15.240.020; Ord. No. 2000-04, § 38, 1-24-00; Ord. No. 2002-05, § 8, 3-18-02)
24.240.030 Uses – Subject to a use permit.
The following use types may be permitted, subject to the provisions of this chapter; and further provided, that a use permit is approved pursuant to Chapter 24.520:
A. Residential.
None.
B. General.
Automotive and Accessories: Gasoline Sales.
Dining Establishments: Fast Service, Drive-Up.
Education Services: General.
Lodging Services: Hotels and Motels.
Recreation Services: Campgrounds.
Recreation Services: Outdoor Sports and Recreation.
Transportation Services.
C. Agricultural.
None. (Code 1971, § 15.240.030; Ord. No. 2012-024, § 11, 12-17-12)
24.240.035 Uses – Subject to a director’s permit.
The following use types may be permitted, subject to the provisions of this chapter; and further provided, that a director’s permit is approved pursuant to Chapter 24.505:
A. Residential.
None.
B. General.
Farmers’ Market, Certified.
C. Agricultural.
None. (Ord. No. 2012-024, § 12, 12-17-12)
24.240.040 Uses – Incidental.
Incidental uses as defined in Chapter 24.110 may be permitted. (Code 1971, § 15.240.040)
24.240.050 Uses – Special provisions.
Uses listed in Sections 24.240.020 through 24.240.040 must also comply with the following special provisions:
A. Design Review. Design review approval must be obtained to the extent required by Chapter 24.545.
B. Planned Development Permit. Approval of a planned development permit pursuant to Chapter 24.525, or amendment pursuant to Chapter 24.570, is required prior to initiation of a use on an undeveloped site, or prior to any construction of new structures or additions or alterations to existing structures in conjunction with, or in any way related to, the use types listed in Sections 24.238.020 and 24.238.030 except for jetties, breakwaters and other harbor components and the Recycling Services: Consumer Recycling Collection Points and Wireless Telecommunications Facilities: Mini and Minor use types.
C. Temporary Uses. Temporary uses may be conducted in the C-T-O zone to the extent permitted by Chapter 24.120.
D. Domestic Animals. Domestic animals are permitted provided there are no more than four adult animals per establishment; and further provided, that no more than one adult dog shall be permitted per establishment.
E. Livestock Animals. Livestock animals are not permitted in the C-T-O zone.
F. Wild Animals. Wild animals are not permitted in the C-T-O zone.
G. Recycling Services: Consumer Recycling Collection Points. Uses classified in the Recycling Services: Consumer Recycling Collection Point use type must comply with the provisions of Chapter 24.485.
H. Wireless Telecommunications Facilities: Minor. Uses classified in the Wireless Telecommunications Facilities: Minor use type shall require a director’s permit pursuant to Chapter 24.505. (Code 1971, § 15.240.050; Ord. No. 2000-04, § 39, 1-24-00; Ord. No. 2021-017, § 21, 12-13-21)
24.240.060 Standards – Density.
A. Lot Area or Lot Width. There shall be no general minimum lot area or lot width standards for the C-T-O zone; provided, that the decision-making authority may specify minimum lot width or lot area standards for a particular site as a condition of approval of a planned development permit, or amendment thereto, pursuant to Chapter 24.525.
B. Lot Coverage. Buildings or other structures shall not occupy more than 50 percent of any lot in the C-T-O zone. (Code 1971, § 15.240.060)
24.240.070 Standards – Height.
A. Height Determination. The height of buildings and other structures in the C-T-O zone shall be determined in accordance with Section 24.405.040.
B. Maximum Height. Regardless of the number of stories comprising a building or structure, no portion of a building or other structure in the C-T-O zone shall exceed 30 feet in height except as provided in Section 24.405.030. (Code 1971, § 15.240.070)
24.240.080 Standards – Yards.
Fences, walls, and other uses of yards in the C-T-O zone shall comply with the yard regulations set forth in Chapter 24.410. (Code 1971, § 15.240.080)
24.240.090 Standards – Setbacks.
Buildings and other structures, not including fences or walls, on a lot in the C-T-O zone shall comply with the following setback requirements:
A. Front Setbacks. Each lot in this zone shall have a front setback of not less than 20 percent of the depth of the lot; provided, that such front setback need not exceed 20 feet.
B. Side Setbacks. There shall be no general side setback requirements in this zone. However, where the side of a lot in the C-T-O zone abuts a residential zone, there shall be a side setback of not less than 10 percent of the width of the lot; provided, that such side setback shall not be less than three feet, and need not exceed five feet in width.
C. Rear Setbacks. Each lot in this zone shall have a rear setback of not less than 20 percent of the depth of the lot; except that such rear setback need not exceed 20 feet. (Code 1971, § 15.240.090)
24.240.100 Standards – Other.
The following development regulations and standards shall also apply within the C-T-O zone:
A. Parking. Off-street parking shall be provided as required by Chapter 24.415, except as provided in this subsection A.
For the seaward parking corridor, as defined in Chapter 24.110, the number of off-street parking spaces required for general use types shall be determined in accordance with this subsection as follows:
Use Type | Parking Spaces Required | |
|---|---|---|
1. | Administrative, Business, and Professional Services | One space for each 250 square feet of gross floor area. |
Automotive and Accessories: Automotive Repairs, Systems | ||
Automotive and Accessories: Gasoline Sales | ||
Business and Professional Support | ||
Cultural and Library Services | ||
Dining Establishments: Ancillary Service | ||
Dining Establishments: Take-Out | ||
Food and Beverage Retail Sales | ||
Government Services | ||
Personal Services | ||
Safety Services | ||
Shopping Centers: Large | ||
Shopping Centers: Small | ||
Transportation Services | ||
2. | Community Meeting | One space for each four fixed seats or each 96 inches, or fraction thereof, of the length of bench-type seats, or 28 gross square feet where no permanent seats are maintained, in any main meeting area, auditorium, meeting room, sanctuary or place of worship. |
3. | Day Care Centers | One space for every group of 13 children plus one for each staff member on site at any one time. |
4. | Dining Establishments: Fast Counter Service | One space for each 45 square feet of customer service area plus one space for each 250 square feet of other gross floor area. |
Dining Establishments: Fast Service, Drive-Up | ||
Dining Establishments: Full Service | ||
Drinking Establishments | ||
5. | Educational Services: General | Elementary Schools and Middle Schools: One space for each classroom plus one space for each five fixed seats of any area utilized for auditorium purposes or for each 35 gross square feet of seating area where there are no fixed seats in any area utilized for auditorium purposes. |
High Schools: Five spaces for each classroom plus one space for each five fixed seats of any area utilized for auditorium purposes or for each 35 gross square feet of seating area where there are no fixed seats in any area utilized for auditorium purposes. | ||
Colleges: Seven spaces for each classroom plus one space for each five fixed seats of any area utilized for auditorium purposes or for each 35 gross square feet of seating area where there are no fixed seats in any area utilized for auditorium purposes. | ||
6. | Farmers’ Market, Certified | A number of spaces as determined necessary by the decision-making authority to provide adequate vehicular access while minimizing adverse impacts on the surrounding neighborhood. |
Recreation Services: Outdoor Sports and Recreation | ||
Recreation Services: Public Parks and Playgrounds | ||
7. | Lodging Services: Bed and Breakfast Inns | Two spaces within a garage. Where two spaces within a garage are already being provided for a Family Residential: Single-Family, those two spaces within a garage shall be deemed to adequately meet the requirement of this subsection. One open or covered space for each guest room must also be provided. |
8. | Lodging Services: Hotels and Motels | One and one-eighth space for each sleeping unit plus whatever number of spaces may be required for other principal uses (e.g., Dining Establishments, Drinking Establishments, etc.) on the site. |
9. | Recreation Services: Amusement Centers | Bowling alleys, tennis courts, handball courts and similar facilities having clearly designated courts or playing areas: Three spaces for each bowling lane or playing court plus whatever number of spaces are required for any other principal uses on the site (e.g., Dining Establishments, Drinking Establishments, etc.) |
Recreation Services: Indoor Sports and Recreation | ||
For other participant-oriented facilities, (e.g., skating rinks, amusement centers, fitness centers, billiard parlors): One space for each 100 gross square feet of floor area. | ||
10. | Recreation Services: Indoor Entertainment | One space for each five fixed seats or 35 gross square feet of nonfixed seating area plus one space for each 250 gross square feet of other floor area. |
11. | Recreation Services: Campgrounds | One space for each campsite or table, plus one space for each employee, and one additional space for each 25 campsites, and whatever number of spaces are required for other principal use on the site (e.g., Dining Establishments, Drinking Establishments, etc.) |
12. | Utility or Equipment Substation | One space for each 250 square feet; provided, that no parking spaces are required for completely automated, unattended facilities. |
13. | Automotive and Accessories: Parking | No additional parking spaces required. |
Recycling Services: Consumer Recycling Collection Points |
B. Signs. All signs must comply with the provisions of Chapter 24.420.
C. Coastal Development. All development within the CP overlay zone must comply with the provisions of Chapters 24.310 and 24.515.
D. Floodplain Overlay Zones. All development within designated floodplain (FP) overlay zones shall comply with the provisions of Chapters 24.320 and 24.530.
E. Open Storage. Except for outdoor displays of merchandise, conditionally allowed by subsection F of this section, open storage of materials and equipment shall be permitted only when incidental to a permitted use on the same lot as that occupied by said use. All areas of a site intended to be used for such open storage shall be shown on the site plan and approved as part of the planned development permit process.
F. Displays for Uses in the Automotive and Accessories Use Type Category. Outdoor display of merchandise in conjunction with uses classified within the Automotive and Accessories: Gasoline Sales and Automotive and Accessories: Automotive Repairs, Systems use types may be permitted; provided, that all the following standards are met:
1. Lubricating Materials. Not more than one day’s supply of lubricating materials, computed on the basis of average daily sales, may be placed upon the pump island or within two feet of the pump island or primary building. All such lubricating materials must be displayed in appropriate racks.
2. Tire Display. Not more than two enclosed tire storage or display cabinets are permitted. In lieu of tire cabinets, not more than four individual new tires in appropriate open racks or stands may be displayed; provided, that such racks or stands are located within two feet of the perimeter of the pump island or primary building.
3. Vending Machines. Vending machines, including, but not limited to, soft drink dispensers or cigarette or candy vending machines, may be displayed within two feet of the perimeter of the primary building. Not more than four such machines are permitted. (Code 1971, § 15.240.100; Ord. No. 2002-05, § 9, 3-18-02; Ord. No. 2021-017, § 21, 12-13-21)
24.240.110 Nonconformance.
All nonconforming uses, nonconforming structures, and nonconforming lots are subject to the provisions of Chapter 24.465. (Code 1971, § 15.240.110)
24.242.010 Chapter description.
This chapter establishes the commercial planned development zone, also known as the C-P-D zone, and prescribes use types and other regulations for this zone. Any applicable overlay zones described in Chapters 24.300 through 24.399 and any special development tract regulations may impose regulations in addition to those prescribed by this chapter for the C-P-D zone. (Code 1971, § 15.242.010)
24.242.020 Uses – Permitted.
The following use types are permitted, subject to the provisions of this chapter:
A. Residential.
None.
B. General.
Administrative, Business, and Professional Services.
Animal Sales and Services: Grooming and Pet Stores.
Animal Sales and Services: Veterinary.
Automotive and Accessories: Automotive Rentals.
Automotive and Accessories: Automotive Repairs, Systems.
Automotive and Accessories: Automotive Sales, Retail.
Automotive and Accessories: Parking.
Boating and Harbor Activities: Boat Sales and Services.
Business and Professional Support.
Community Meeting.
Construction Sales and Services: Building Supply Stores.
Cultural and Library Services.
Day Care Centers.
Dining Establishments: Ancillary Service.
Dining Establishments: Fast Counter Service.
Dining Establishments: Full-Service.
Dining Establishments: Take Out.
Drinking Establishments.
Education Services: Commercial.
Equipment Rentals, Sales, and Services: Light.
Food and Beverage Retail Sales.
Funeral and Interment Services.
Government Services.
Lodging Services: Bed and Breakfast Inns.
Medical Services: Consulting.
Medical Services: Mobile Equipment.
Nursery Sales.
Personal Services.
Property Maintenance Services.
Recreation Services: Amusement Centers.
Recreation Services: Indoor Entertainment.
Recreation Services: Indoor Sports and Recreation.
Recreation Services: Public Parks and Playgrounds.
Recycling Services: Consumer Recycling Collection Points.
Repair Services.
Retail Sales.
Safety Services.
Shopping Centers: Large.
Shopping Centers: Small.
Utility or Equipment Substations.
Wireless Telecommunications Facilities: Mini.
Wireless Telecommunications Facilities: Minor.
Wireless Telecommunications Services: Major.
C. Agricultural.
None. (Code 1971, § 15.242.020; Ord. No. 2000-04, § 40, 1-24-00; Ord. No. 2002-05, § 10, 3-18-02; Ord. No. 2011-005, § 9, 5-2-11; Ord. No. 2021-017, § 22, 12-13-21)
24.242.030 Uses – Subject to a use permit.
The following use types may be permitted, subject to the provisions of this chapter; and further provided, that a use permit is approved pursuant to Chapter 24.520:
A. Residential.
None.
B. General.
Auction Sales.
Automotive and Accessories: Cleaning.
Automotive and Accessories: Gasoline Sales.
Day Services Facility.
Dining Establishments: Fast Service, Drive-Up.
Education Services: General.
Group Care.
Helicopter Landing Services.
Lodging Services: Hotels and Motels.
Personal Services: Restricted.
Recreation Services: Outdoor Entertainment.
Recreation Services: Outdoor Sports and Recreation.
Transportation Services.
C. Agricultural.
None. (Code 1971, § 15.242.030; Ord. No. 2011-010, § 16, 8-1-11; Ord. No. 2012-024, § 13, 12-17-12; Ord. No. 2017-008, § 7, 4-17-17; Ord. No. 2021-017, § 22, 12-13-21)
24.242.035 Uses – Subject to a director’s permit.
The following use types may be permitted, subject to the provisions of this chapter; and further provided, that a director’s permit is approved pursuant to Chapter 24.505:
A. Residential.
None.
B. General.
Farmers’ Market, Certified.
Thrift Stores.
C. Agricultural.
None. (Ord. No. 2010-006, § 7, 4-26-10; Ord. No. 2012-024, § 14, 12-17-12)
24.242.040 Uses – Incidental.
Incidental uses as defined in Chapter 24.110 are permitted. (Code 1971, § 15.242.040)
24.242.050 Uses – Special provisions.
Uses listed in Sections 24.242.020 through 24.242.040 must also comply with the following special provisions:
A. Design Review. Design review approval must be obtained to the extent required by Chapter 24.545.
B. Planned Development Permit. A planned development permit must be approved pursuant to Chapter 24.525 prior to the initiation of a use on an undeveloped site, a planned development permit or amendment pursuant to Chapter 24.570 must be approved prior to any construction of new structures, or additions or alterations to existing structures, in conjunction with, or in any way related to, the use types listed in Sections 24.240.020 and 24.240.030 except for the Recycling Services: Consumer Recycling Collection Points and Wireless Telecommunications Facilities: Mini and Minor.
C. Temporary Uses. Temporary uses may be conducted in the C-P-D zone only to the extent permitted by Chapter 24.120.
D. Group Care. All Group Care uses must comply with the provisions of Chapter 24.475.
E. Dining Establishments: Fast Service, Drive-Up. All Dining Establishments: Fast Service, Drive-Up uses must comply with the provisions of Chapter 24.475.
F. Recycling Services: Consumer Recycling Collection Points. Uses classified in the Recycling Services: Consumer Recycling Collection Points use type must comply with the provisions of Chapter 24.485.
G. Domestic Animals. Domestic animals are permitted provided there are no more than four adult animals per establishment.
H. Livestock Animals. Livestock animals are not permitted in the C-P-D zone.
I. Wild Animals. Wild animals are not permitted in the C-P-D zone.
J. Wireless Telecommunications Facilities: Minor. Uses classified in the Wireless Telecommunications Facilities: Minor use type shall require a director’s permit pursuant to Chapter 24.505.
K. Personal Services: Restricted. All new uses, as defined by Section 24.115.3325, shall be permitted only if the following provisions are met:
1. No such use shall be established within 500 feet of any primary or secondary school, schoolgrounds, park, playground, preschool, nursery, day care center or other place frequented by children;
2. Each use classified as Personal Services: Restricted shall maintain a minimum distance of 500 feet from another;
3. Each Personal Services: Restricted use shall require a use permit. (Code 1971, § 15.242.050; Ord. No. 2000-04, § 41, 1-24-00; Ord. No. 2011-005, § 10, 5-2-11; Ord. No. 2011-010, § 17, 8-1-11; Ord. No. 2021-017, § 22, 12-13-21)
24.242.060 Standards – Density.
A. Lot Area and Lot Width. There shall be no general minimum lot area or lot width standards in this zone, except as may be required by the decision-making authority as conditions of approval of a planned development permit, or amendment thereto, pursuant to Chapter 24.525.
B. Lot Coverage. Buildings and structures shall not occupy more than 50 percent of the site for which a planned development permit is issued. (Code 1971, § 15.242.060)
24.242.070 Standards – Height.
A. Height Determination. The height of buildings and other structures in the C-P-D zone shall be determined in accordance with Section 24.405.040.
B. Maximum Number of Stories. Buildings and other structures in the C-P-D zone shall not exceed six stories in height.
C. Maximum Height. Regardless of the number of stories comprising a building or structure, no portion of a building or other structure in the C-P-D zone shall exceed 75 feet in height except as provided in Section 24.405.030. (Code 1971, § 15.242.070)
24.242.080 Standards – Yards.
Fences, walls, and other uses of yards in the C-P-D zone shall comply with the yard requirements contained in Chapter 24.410. (Code 1971, § 15.242.080)
24.242.090 Standards – Setbacks.
Buildings and other structures, not including fences or walls, on a lot in the C-P-D zone shall comply with the following setback requirements:
A. Front Setbacks. Each lot in this zone shall have a front setback of not less than 20 percent of the depth of the lot; but such front setback need not exceed 20 feet.
B. Side Setbacks. There shall be no general side setback requirement in this zone. However, where the side of a lot in the C-P-D zone abuts a residential zone, there shall be a side setback of not less than 10 percent of the width of the lot; provided, that such side setback shall not be less than three feet, and need not exceed five feet in width.
C. Rear Setbacks. Each lot in this zone shall have a rear setback of not less than 20 percent of the depth of the lot; except that such rear setback need not exceed 20 feet. (Code 1971, § 15.242.090)
24.242.100 Standards – Other.
The following development regulations and standards shall also apply within the C-P-D zone:
A. Parking. Off-street parking shall be provided for all uses as required by Chapter 24.415.
B. Signs. All signs must comply with the provisions of Chapter 24.420.
C. Coastal Development. All development within the CP overlay zone must comply with the provisions of Chapters 24.310 and 24.515.
D. Floodplain Overlay Zones. All development within a designated floodplain overlay zone must comply with the provisions of Chapters 24.320 and 24.530.
E. Equipment Repair and Reconditioning. All new and used automobile, trailer, and boat sales, services, or repairs comply with the following standards:
1. All outdoor display areas related to such uses shall be entirely surfaced with concrete or asphaltic concrete.
2. No repair or reconditioning of automobiles, trailers, or boats shall be permitted unless conducted entirely within an enclosed building.
F. Displays for Uses in the Automotive and Accessories Use Type Category. Outdoor display of merchandise in conjunction with uses classified within the Automotive and Accessories: Gasoline Sales, and Automotive and Accessories: Automotive Repairs, Systems use types may be permitted; provided, that all the following standards are met:
1. Lubricating Materials. Not more than one day’s supply of lubricating materials, computed on the basis of average daily sales, may be placed upon the pump island or within two feet of the pump island or primary building. All such lubricating materials must be displayed in appropriate racks.
2. Tire Display. Not more than two enclosed tire storage or display cabinets are permitted. In lieu of tire cabinets, not more than four individual new tires in appropriate open racks or stands may be displayed; provided, that such racks or stands are located within two feet of the perimeter of the pump island or primary building.
3. Vending Machines. Vending machines, including, but not limited to, soft drink dispensers or cigarette or candy vending machines, may be displayed within two feet of the perimeter of the primary building. Not more than four such machines are permitted.
G. Open Storage. Except for outdoor displays of merchandise, conditionally allowed by subsection F of this section, open storage of materials and equipment shall be permitted only when incidental to a permitted use on the same lot as that occupied by said use. All areas of a site intended to be used for such open storage shall be shown on the site plan and approved as part of the planned development permit process. (Code 1971, § 15.242.100)
24.242.110 Nonconformance.
All nonconforming uses, nonconforming structures, and nonconforming lots are subject to the provisions of Chapter 24.465. (Code 1971, § 15.242.110)
24.244.010 Chapter description.
This chapter establishes the MXD mixed-use zone, also known as the MXD zone, and prescribes use types and other regulations for this zone. The provisions of this chapter are further intended to set forth development standards for each land use type within the MXD zone, and provide for feasible use of buildings for selected combined uses, including opportunities for development of combined live/work spaces.
Any applicable overlay zones described in Chapters 24.300 through 24.399 may impose regulations in addition to those prescribed by this chapter for the MXD zone. In addition, Chapter 24.305 (Residential and Mixed-Use Overlay Development Code (LM and MU Overlays)) provides development and design standards that replace and/or are in addition to those prescribed in this chapter for the MXD zone. (Code 1971, § 15.244.010; Ord. No. 2023-004, § 4, 7-24-23)
24.244.020 Uses – Permitted.
The following use types are permitted subject to the provisions of this chapter:
A. Residential.
Family Residential: Large Multifamily.
Family Residential: Small Multifamily.
Residential Care.
Residential Condominiums.
B. General.
Administrative, Business, and Professional Services.
Animal Sales and Services: Grooming and Pet Stores.
Animal Sales and Services: Veterinary.
Automotive and Accessories: Automotive Rentals.
Automotive and Accessories: Automotive Repairs, Systems.
Automotive and Accessories: Automotive Sales, Retail.
Automotive and Accessories: Automotive Sales, Wholesale.
Automotive and Accessories: Parking.
Boating and Harbor Activities: Boat Sales and Services.
Business and Professional Support.
Construction Sales and Services: Building Supply Stores.
Cultural and Library Services.
Dining Establishments: Ancillary Service.
Dining Establishments: Fast Counter Service.
Dining Establishments: Full Service.
Dining Establishments: Take Out.
Drinking Establishments.
Educational Services: Commercial.
Equipment Rentals, Sales, and Services: Light.
Food and Beverage Retail Sales.
Funeral and Interment Services.
Government Services.
Laundry Services.
Light Industrial.
Lodging Services: Bed and Breakfast Inns.
Medical Services: Consulting.
Medical Services: Mobile Equipment.
Nursery Sales.
Oil Equipment Services: Light.
Personal Services.
Personal Storage.
Property Maintenance Services.
Recreation Services: Public Parks and Playgrounds.
Recycling Services: Consumer Recycling Collection Points.
Repair Services.
Retail Sales.
Safety Services.
Shopping Centers: Large.
Shopping Centers: Small.
Utility or Equipment Substations.
Wireless Telecommunications Facilities: Mini.
Wireless Telecommunications Facilities: Minor.
Wireless Telecommunication Services: Major.
C. Agricultural.
None. (Code 1971, § 15.244.020; Ord. No. 2000-04, § 42, 1-24-00; Ord. No. 2002-05, § 11, 3-18-02; Ord. No. 2023-004, § 4, 7-24-23)
24.244.030 Uses – Subject to a use permit.
The following use types may be permitted subject to the provisions of this chapter; and further provided, that a use permit is approved pursuant to Chapter 24.520:
A. Residential.
Group Residential.
B. General.
Auction Sales.
Automotive and Accessories: Cleaning.
Automotive and Accessories: Gasoline Sales.
Community Meeting.
Construction Sales and Services: Building Contractor Yards.
Construction Sales and Services: Lumber Yards.
Day Care Centers.
Day Services Facility.
Dining Establishments: Fast Service, Drive-Up.
Education Services: General.
General Industrial.
Group Care.
Helicopter Landing Services.
Lodging Services: Hotels and Motels.
Recreational Services: Amusement Centers.
Recreational Services: Indoor Entertainment.
Recreational Services: Indoor Sports and Recreation.
Recreational Services: Outdoor Entertainment.
Recreational Services: Outdoor Sports and Recreation.
Research or Laboratory Services.
Swap Meets.
Transportation Services.
Wholesaling and Distribution.
C. Agricultural.
None. (Code 1971, § 15.244.030; Ord. No. 2011-010, § 18, 8-1-11; Ord. No. 2012-024, § 15, 12-17-12; Ord. No. 2017-008, § 8, 4-17-17; Ord. No. 2023-004, § 4, 7-24-23)
24.244.035 Uses – Subject to a director’s permit.
The following use types may be permitted, subject to the provisions of this chapter; and further provided, that a director’s permit is approved pursuant to Chapter 24.505:
A. Residential.
None.
B. General.
Farmers’ Market, Certified.
Thrift Stores.
C. Agricultural.
None. (Ord. No. 2010-006, § 8, 4-26-10; Ord. No. 2012-024, § 16, 12-17-12; Ord. No. 2023-004, § 4, 7-24-23)
24.244.040 Uses – Incidental.
Incidental uses as defined in Chapter 24.110 may be permitted. (Code 1971, § 15.244.040; Ord. No. 2023-004, § 4, 7-24-23)
24.244.050 Uses – Special provisions.
Uses listed in Sections 24.244.020 through 24.244.040 must also comply with the following special provisions:
A. Reserved.
B. Design Review. Design review approval must be obtained as required by Chapter 24.545.
C. Planned Development Permit. Approval of a planned development permit pursuant to Chapter 24.525, or amendment pursuant to Chapter 24.570, is required for any construction of new structures or additions or alterations to existing structures in conjunction with, or in any way related to, the use types listed in Sections 24.244.020 and 24.244.030 except for the Recycling Services: Consumer Recycling Collection Points and Wireless Telecommunications Facilities: Mini and Minor use types.
D. Temporary Uses. Temporary uses may be conducted in the MXD zone only to the extent permitted by Chapter 24.120.
E. Home Occupations. Home occupations may be conducted in the MXD zone only to the extent permitted by Chapter 24.125.
F. Factory-Built Homes. Factory-built homes may be used for residential purposes in the same manner as conventional site-built housing subject to the provisions of this chapter.
G. Group Care. All Group Care uses must comply with the provisions of Chapter 24.435.
H. Dining Establishments: Fast Service, Drive-Up. Dining Establishments: Fast Service, Drive-Up uses must comply with the provisions of Chapter 24.475.
I. Domestic Animals.
1. Domestic animals, as defined in Chapter 24.110, are permitted in the MXD zone; provided, that in conjunction with uses other than those uses within the Animal Sales and Services: Grooming and Pet Stores use type, only four adult animals over the age of four months are permitted per dwelling unit or establishment; and further provided, that no more than three adult dogs shall be permitted per dwelling unit or establishment.
2. Notwithstanding subsection (I)(1) of this section, for uses conducted in the MXD zone that are classified in the Residential Condominiums use type, up to six adult animals over the age of four months are permitted; provided, that no more than three adult dogs shall be permitted per dwelling unit.
J. Livestock Animals. Livestock animals are not permitted in the MXD zone.
K. Wild Animals. Wild animals are not permitted in the MXD zone, except in conjunction with the Animal Sales and Services: Grooming and Pet Stores use type.
L. Recycling Services: Consumer Recycling Collection Points. Uses classified in the Recycling Services: Consumer Recycling Collection Points use type must comply with the provisions of Chapter 24.485.
M. Assembly Uses. All assembly uses must comply with the provisions of Chapter 24.480.
N. Wireless Telecommunications Facilities: Minor. Uses classified in the Wireless Telecommunications Facilities: Minor use type shall require a director’s permit pursuant to Chapter 24.505.
O. Emergency Shelter. Emergency shelters must comply with the provisions of Chapter 24.437. (Code 1971, § 15.244.050; Ord. No. 2000-04, § 43, 1-24-00; Ord. No. 2011-010, § 19, 8-1-11; Ord. No. 2021-017, § 23, 12-13-21; Ord. No. 2023-004, § 4, 7-24-23)
24.244.060 Standards – Density.
For buildings and lots in the MXD zone not used exclusively for residential purposes, there shall be no general lot area, lot width, or lot coverage standards. For buildings or lots used exclusively for residential purposes, the lot area, lot width, and lot coverage standards for the R-3 zone apply. The standards for minimum lot area per dwelling unit of the R-3-3 subzone shall apply with the following exceptions:
A. In the downtown specific plan area the residential dwelling unit density for each zone within the plan shall apply.
B. In the residential and mixed-use overlay zones (MU-3, MU-4, MU-5, and MU-6) the residential dwelling unit density per each overlay shall apply (see Chapter 24.305 (Residential and Mixed-Use Overlay Development Code (LM and MU Overlays))). (Code 1971, § 15.244.060; Ord. No. 2023-004, § 4, 7-24-23)
24.244.070 Standards – Height.
The following height standards apply, with the exception of parcels in the residential and mixed-use overlay zones where the maximum height and stories per each overlay shall apply:
A. Height Determination. The height of buildings and other structures in the MXD zone shall be determined in accordance with Section 24.405.040.
B. Maximum Number of Stories. Buildings and other structures in the MXD zone shall not exceed six stories in height.
C. Maximum Height. Regardless of the number of stories comprising a building or structure, no portion of a building or other structure in the MXD zone shall exceed 75 feet in height except as provided in Section 24.405.030. (Code 1971, § 15.244.070; Ord. No. 2023-004, § 4, 7-24-23)
24.244.080 Standards – Yards.
Fences, walls, and other uses of yards in the MXD zone shall comply with the yard requirements contained in Chapter 24.410 with the exception of Section 24.410.030 for parcels in the residential and mixed-use overlay zones where the yard and projection standards per each overlay shall apply. (Code 1971, § 15.244.080; Ord. No. 2023-004, § 4, 7-24-23)
24.244.090 Standards – Setbacks.
Buildings and other structures, not including fences or walls, on a lot in the MXD zone shall comply with the following setback requirements with the exception of parcels in the residential and mixed-use overlay zones where the setback standards per each overlay shall apply:
A. Front Setbacks. There shall be no general front setback in the MXD zone; provided, that buildings or lots used exclusively for residential purposes shall comply with the front setback regulations of the R-3 zone.
B. Side Setbacks. There shall be no side setback requirement in the MXD zone, except as provided in this subsection B:
1. Where the side of a lot in the MXD zone not used exclusively for residential purposes abuts any residential zone, there shall be a side setback of not less than 10 percent of the width of the lot; provided, that such side setback shall not be less than three feet, and need not exceed five feet in width.
2. Buildings or lots used exclusively for residential purposes shall comply with the side setback regulations for the R-3 zone.
C. Rear Setbacks.
1. Each lot in this zone not used exclusively for residential purposes shall have a required rear setback of not less than 20 percent of the depth of the lot; except that such rear setback need not exceed 20 feet.
2. Buildings and lots used exclusively for residential purposes shall comply with the rear setback regulations of the R-3 zone. (Code 1971, § 15.244.090; Ord. No. 2023-004, § 4, 7-24-23)
24.244.100 Standards – Accessory structures.
Accessory structures, as defined in Chapter 24.110, shall only be allowed to the extent such accessory structures comply with subsections A through D of this section. In addition, the residential and mixed-use overlay zones as described in Chapter 24.305 (Residential and Mixed-Use Overlay Development Code (LM and MU Overlays)) provide accessory structure standards in addition to those prescribed in this chapter.
A. The portion of any accessory structures used for required parking (e.g., garage, carport) shall provide for adequate ingress and egress as determined by the director.
B. The portion of any accessory structure that contains a habitable room shall not be located closer than three feet to any lot line, regardless of the location of the accessory structure on the lot.
C. All accessory structures are subject to compliance with all Uniform Building Code requirements, including, but not limited to, separation between structures.
D. In addition to the applicable provisions of subsections A through C of this section, a detached accessory structure may be located in the required yard areas only to the extent allowed by this subsection D as follows:
1. Detached accessory structures may be entirely or partially located in a required rear yard as long as these accessory structures do not occupy more than 50 percent of that required rear yard;
2. Detached accessory structures may be partially or entirely located in the portion of the required side yard which overlaps the required rear yard;
3. Detached accessory structures may be partially or entirely located in one of the required front yards of a through lot; provided, that such accessory structure is set back from the nearest front lot line a distance of not less than 10 percent of the depth of the lot, but need not exceed a setback of 25 feet, and at least five feet from any side lot line;
4. Where the average natural grade of a required front setback line is more than eight feet above the average established curb grade of the street upon which the lot abuts, a garage may be erected so as to extend into the required front yard or required side yard, but not so as to extend closer than five feet to any street property line; and
5. All detached accessory structures located in required yard areas shall not exceed one story in height and shall be no more than 14 feet in height. (Code 1971, § 15.244.100; Ord. No. 2021-017, § 23, 12-13-21; Ord. No. 2023-004, § 4, 7-24-23)
24.244.110 Standards – Attached patio covers.
A covering for a patio in any required rear yard may be attached to a main building used exclusively for residential purposes, subject to all of the following provisions:
A. Width of Covering. The width of such patio cover shall not exceed one-half of the width of the lot upon which it is located.
B. Location of Supports. Supports shall be a minimum of 12 feet from the rear lot line and a minimum of five feet from the side lot lines.
C. Overhang Allowable. Eave overhangs shall be a minimum of 10 feet from the rear lot line and a minimum of three feet from each of the side lot lines.
D. Side Enclosure Prohibited. No enclosure of any kind shall be permitted on any nonattached side of such structure.
E. Coverage of Building Area Limited. The area of covering combined with the area of all other buildings and structures on the lot shall not exceed the maximum lot coverage permitted in this chapter. (Code 1971, § 15.244.110; Ord. No. 2023-004, § 4, 7-24-23)
24.244.120 Standards – Other.
The following development regulations and standards shall also apply within the MXD zone:
A. Parking. Off-street parking shall be provided for all uses as may be required by Chapter 24.415 or 24.345 where applicable, or per Chapter 24.305 for parcels in the residential and mixed-use overlay zones; however, if a dwelling unit is designed as a combined live/work space, incorporating both a residential use type and a general use type, the off-street parking space requirement shall be calculated based solely on the parking requirement for the applicable general use type existing or proposed at the site and no additional parking for the residential use type shall be required, but only if the following standards are met:
1. The living space shall be contiguous with and made an integral part of the work space, with direct access between the living and working areas to be provided and maintained at all times. If the living space is not contiguous and integral with the work space and the required direct access is not provided, the off-street parking space requirement shall be based on the general use type and residential use type requirements combined, unless a director’s permit is obtained in accordance with Chapter 24.505 to indicate the director’s determination that the design of the live/work use complies with the intent of this standard.
2. Living and working areas within one live/work space shall not be rented separately.
3. All regulations, requirements, and conditions of the city’s building and safety division and fire department shall be met.
4. The residential dwelling unit density for the zone shall not be exceeded. However, within the downtown specific plan area the residential dwelling unit density for the zone shall not be more or less than allowed by the plan.
B. Signs. All signs must comply with the provisions of Chapter 24.420. Sign allowance for general use types shall be based on Section 24.420.140. The maximum sign allowance for residential uses shall be based on Section 24.420.120.
C. Coastal Development. All development within the CP overlay zone must comply with the provisions of Chapters 24.310 and 24.515.
D. Floodplain Overlay Zone. All development within a designated floodplain (FP) overlay zone must comply with the provisions of Chapters 24.320 and 24.530.
E. Displays for Uses in the Automotive and Accessories Use Type Category. Outdoor display of merchandise in conjunction with uses classified within the Automotive and Accessories: Gasoline Sales, and Automotive and Accessories: Automotive Repairs, Systems use types may be permitted; provided, that all the following standards are met:
1. Lubricating Materials. Not more than one day’s supply of lubricating materials, computed on the basis of average daily sales, may be placed upon the pump island or within two feet of the pump island or primary building. All such lubricating materials must be displayed in appropriate racks.
2. Tire Display. Not more than two enclosed tire storage or display cabinets are permitted. In lieu of tire cabinets, not more than four individual new tires in appropriate open racks or stands may be displayed; provided, that such racks or stands are located within two feet of the perimeter of the pump island or primary building.
3. Vending Machines. Vending machines, including, but not limited to, soft drink dispensers or cigarette or candy vending machines, may be displayed within two feet of the perimeter of the primary building. Not more than four such machines are permitted.
F. Open Storage. Except for outdoor displays of merchandise conditionally allowed by subsection E of this section, open storage in the front yard of any lot is prohibited. Open storage area in side or rear yard area is subject to a director’s permit for existing uses or a planned development permit for new development. The following standards shall be met:
1. Such storage shall be located on the rear one-half of the lot and shall be confined to an area not to exceed 3,000 square feet;
2. No power-driven excavating or road-building equipment shall be stored on the lot;
3. The storage area shall be completely enclosed by a solid wall or fence not less than six feet in height and which may include a solid gate;
4. No materials or equipment shall be stored to a height greater than the height of the required fence or wall; and
5. The director or planning commission, in approving an application that would allow open storage in a side or rear yard, may impose such conditions as deemed necessary or desirable to ensure that the proposed project will be compatible with, and not adversely impact, the surrounding vicinity and uses.
G. Equipment Repair and Reconditioning. All new and used automobile, trailer, and boat sales, services, or repairs shall comply with the following standards:
1. All outdoor display areas related to such uses shall be entirely surfaced with concrete or asphaltic concrete.
2. No repair or reconditioning of automobiles, trailers, or boats shall be permitted unless conducted entirely within an enclosed building.
H. Swap Meets. Except for properties within the boundaries of the downtown specific plan area, uses classified within the Swap Meets use type may be conducted in the MXD zone; provided, that all such uses must obtain a use permit pursuant to Chapter 24.520; and further provided, that any such use may be conducted only for a maximum of 48 hours within any seven-day consecutive period.
I. Vehicle Repair. No vehicles may be repaired on sites occupied by residential land uses unless all the following conditions are met:
1. The vehicle under repair must be owned by the current resident of the property upon which the repairs are being made.
2. Registration or proof of current ownership of the vehicle being repaired shall be available for inspection on the premises at all times while the vehicle is under repair.
3. Vehicle repairs may be conducted only between the hours of 7:00 a.m. and 10:00 p.m.
4. Repair of a particular vehicle shall be conducted and completed in no more than 30 days.
5. Storage of any vehicle under repair, or storage of parts of a vehicle, upon a public street or alley or upon an unpaved yard area, other than a driveway, is prohibited.
6. Body work on a vehicle is prohibited.
7. Painting of a vehicle or any portion of a vehicle is prohibited. (Code 1971, § 15.244.120; Ord. No. 2023-004, § 4, 7-24-23)
24.244.130 Density review.
Prior to issuance of building permits, floor plans may be reviewed by the director to determine that density standards will not be exceeded. In order to preclude or lessen the possibility that density standards will be exceeded, or that unlawful density increases will occur in the future, no more than one kitchen shall be allowed per dwelling unit. In the density review process, additional changes may be required in the placement of exterior doors, windows, stairways, hallways, utility connections, or other fixtures or architectural features when determined by the director to be necessary or desirable to preclude or lessen the likelihood of unlawful density increases. (Code 1971, § 15.244.130; Ord. No. 2023-004, § 4, 7-24-23)
24.244.140 Nonconformance.
All nonconforming uses, nonconforming structures, and nonconforming parcels are subject to the provisions of Chapter 24.465. (Code 1971, § 15.244.140; Ord. No. 2023-004, § 4, 7-24-23)
24.248.010 Chapter description.
This chapter establishes the HMXD harbor mixed-use zone and prescribes use types and other regulations for this zone. Any applicable overlay zones described in Chapters 24.300 through 24.399 may impose regulations in addition to those prescribed by this chapter for the HMXD zone. The provisions of this chapter are intended to:
A. Ensure that the city and the port district obtain the best suited, horizontal mixed-use development for the last remaining large property in the Ventura Harbor (Parcels 15, 16 and 18); and
B. Provide areas where California Coastal Act priority land uses such as Visitor-Serving Commercial and Coastal-Dependent and Coastal-Related Recreational uses are encouraged and given priority; and
C. Allow residential use in conjunction with or adjacent to Visitor-Serving Commercial and Recreational uses in a manner that activates the harbor by providing a critical mass of residents without overwhelming public elements; and
D. Facilitate development that respects the desired pedestrian scale and character of Ventura’s coastal environment by avoiding massive, monolithic structures, and instead encouraging a series of smaller scale buildings fronting publicly accessible walkways, streets, and/or open space(s). (Ord. No. 2015-015, § 3, 12-7-15)
24.248.020 Uses permitted.
A. Residential.
Family Residential: Large Multifamily.
Family Residential: Small Multifamily.
Family Residential: Two-Family.
Live/Work.
Residential Care.
Residential Condominiums.
B. General.
1. Visitor-Serving.
Automotive and Accessories: Parking.
Art: Galleries and Sales.
Boating and Harbor Activities: Boating Sales and Services.
Boating and Harbor Activities: Harbor Sales and Services.
Cultural, Educational and Library Services.
Dining Establishments: Ancillary Service.
Dining Establishments: Fast-Service Counter.
Dining Establishments: Full Service.
Dining Establishments: Take Out.
Drinking Establishments.
Farmers’ Market, Certified.
Food and Beverage Retail Sales.
Health, Fitness, and Spa Services.
Lodging Services: Bed and Breakfast Inns.
Lodging Services: Hotels and Motels.
Personal Services.
Recreation Services: Amusement Centers.
Recreation Services: Indoor Entertainment.
Recreation Services: Indoor Sports and Recreation.
Recreation Services: Outdoor Sports and Recreation.
Recreation Services: Public Parks and Playgrounds Retail Sales.
Safety Services.
Shopping Centers: Small.
Swap Meets.
Transportation Services.
2. Business.
Administrative, Business, and Professional Services.
Animal Sales and Services: Grooming and Pet Stores.
Business and Professional Support.
Community Meeting.
Day Care Centers.
Recycling Services: Consumer Recycling Collection Points.
C. Agricultural.
None. (Ord. No. 2015-015, § 3, 12-7-15)
24.248.030 Uses – Subject to a use permit.
A. Residential.
None.
B. General.
None.
C. Agricultural.
None.
Incidental uses as defined in Chapter 24.110 may be permitted. (Ord. No. 2015-015, § 3, 12-7-15)
24.248.050 Uses – Special provisions.
Uses listed in Sections 24.248.020 through 24.248.040 must also comply with the following special provisions:
A. Design Review. Design review approval must be obtained to the extent required by Chapter 24.545.
B. Coastal Development Permit. Approval of a coastal development permit pursuant to Chapter 24.515, or an amendment pursuant to Chapter 24.570, is required prior to initiation of a use on an undeveloped site, or prior to any construction of new structures or additions or alterations to existing structures in conjunction with, or in any way related to, the use types listed in Sections 24.248.020 and 24.248.030.
In addition to the findings required by Section 24.515.070(C), the decision-making authority must also find that:
1. All reasonably foreseeable conflicts between residential and commercial or public uses, both on and off site, have been minimized, by physical design solutions and/or use limitations; and
2. Adequate commercial floor area for visitor-serving commercial and/or coastal recreation uses, consistent with the provisions of this chapter, has been provided.
C. Temporary Uses. Temporary uses may be conducted in the HMXD zone to the extent permitted by Chapter 24.120.
D. Domestic Animals. Domestic animals are permitted provided there are no more than four adult animals per residential unit or establishment; and further provided, that no more than three adult dogs shall be permitted per residential unit or establishment.
E. Livestock Animals. Livestock animals are not permitted in the HMXD zone.
F. Wild Animals. Wild animals are not permitted in the HMXD zone.
G. Recycling Services: Consumer Recycling Collection Points. Uses classified in the Recycling Services: Consumer Recycling Collection Point use type must comply with the provisions of Chapter 24.485. (Ord. No. 2015-015, § 3, 12-7-15; Ord. No. 2021-017, § 24, 12-13-21)
24.248.060 Standards – Density.
A. Lot Area or Lot Width. There shall be no general minimum lot area or lot width standards for the HMXD zone. However, the desired pedestrian scale and character of Ventura’s coastal environment requires that new project development not appear as massive, monolithic structures, but instead as a series of smaller scale buildings fronting publicly accessible walkways, streets, and/or open space(s). Larger projects (sites exceeding 200 feet in width) should be designed as carefully conceived groups of separate structures, that each contributes to an attractive streetscape and the overall quality of the coastal environment. To accomplish this, sites exceeding 200 feet in width shall be subdivided, through either nominal or real lot lines, to provide individual lots or, in the case of nominal lots, individual building sites. Compliance with this standard may alternatively be demonstrated through an approved regulating plan, pursuant to Section 24.248.070. The decision-making authority may specify minimum lot width or lot area standards for a particular site as a condition of approval of a coastal development permit, or amendment thereto, pursuant to Chapter 24.525.
B. Lot Coverage. Buildings and other structures shall not occupy more than 35 percent of the project area in the HMXD zone.
C. Density per Gross Acre. The average number of units per gross acre in the HMXD zone shall not exceed 30 units per gross acre.
D. Maximum Density. In no case shall the maximum number of residential units for any one development exceed 300. Residential units shall only be developed as part of a mixed-use development with a minimum of 21,000 square feet of ground floor, commercial, visitor-serving space. (Ord. No. 2015-015, § 3, 12-7-15; Ord. No. 2021-017, § 24, 12-13-21)
24.248.070 Standards – Regulating plan.
A. An application for development on a site exceeding 200 feet in lot width shall include a master site plan, referred to herein as the regulating plan, consisting of (a) diagram(s) illustrating:
1. Architectural and landscaping design and/or criteria;
2. Introduced streets and/or alleys;
3. Public open space(s);
4. Building sites;
5. Building fronts and backs;
6. Building setbacks;
7. Coastal access parking;
8. Public view protection of the harbor design or criteria; and
9. Dwelling unit and commercial business access points.
B. When creating a regulating plan, the following shall be required:
1. Internal public streets, alleys, or walkways that connect with off-site streets to create a series of smaller, walkable blocks. No gates shall be allowed across public walkways or streets.
2. Public open space(s) such as a plaza, square, courtyard, promenade, park, pet park, and/or passive recreation area for pedestrians encompassing an area no less than 20 percent of the total area of the parcel. Where a project encompasses two or more parcels, the parcels may be considered as one parcel for the purposes of locating and determining the area of the public open space(s). Public streets which front public open spaces may also be considered public open spaces for the purposes of compliance with this standard. The public open space(s) shall be accessible and visible from adjacent public streets, walkways, or the promenade, and shall be identified by directional signage prominently displayed along such streets. Public open spaces shall welcome the public through signage, design, and public amenities that distinguish these spaces from adjacent residential areas.
3. A minimum of 21,000 square feet of ground floor commercial, visitor-serving, general use types, as identified in Section 24.248.020(B)(1).
4. Building frontage types of forecourt, storefront, gallery, and arcade should be used for the ground level of buildings occupied by general use types.
5. A mixture of visitor-serving commercial, public, and residential uses, provided in a manner that avoids conflicts between them.
In addition, the following should be considered:
6. Maximum on-street parking opportunities through a minimization of driveway curb cuts;
7. Service alleys within the new block(s);
8. Multiple buildings and building types, as generally described by Section 24.248.120, on the site, with their entrances on bordering streets;
9. Each proposed lot or building footprint should not exceed one acre; and
10. Each proposed lot or building frontage shall not exceed a maximum width of 200 feet. Each building facade shall make use of a mix of colors, materials, and access and frontage types, as generally described by Section 24.248.130. (Ord. No. 2015-015, § 3, 12-7-15)
24.248.080 Standards – Height.
A. Height Determination. The height of buildings and other structures in the HMXD zone shall be determined in accordance with Section 24.405.040.
B. Maximum Height. All structures shall be limited to three stories and 45 feet in height measured as specified in Section 24.405.040 and except as provided in Section 24.405.030 and specifically excepting the following:
1. Theme towers and observation decks or similar structures shall not exceed a maximum height of 58 feet;
2. Freestanding antennas, masts, and flagpoles which shall not exceed 60 feet; and antennas, masts and flagpoles attached to a structure, which shall not exceed 10 feet above the maximum height of the structure to which it is attached; and
3. Up to three flagpoles marking project entry, project center, or otherwise creating project identity shall be permitted, not exceeding 85 feet in height. (Ord. No. 2015-015, § 3, 12-7-15)
24.248.090 Standards – Yards.
Fences, walls, and other uses of yards in the HMXD zone shall comply with the yard regulations set forth in Chapter 24.410. (Ord. No. 2015-015, § 3, 12-7-15)
24.248.100 Standards – Building setbacks.
Buildings and other structures shall be set back a minimum of five feet from the back of curb on Navigator Drive and Anchors Way. All other setbacks shall be as depicted on the regulating plan as set forth in Section 24.248.070. (Ord. No. 2015-015, § 3, 12-7-15)
24.248.110 Standards – Parking.
A. Parking. Off-street parking shall be provided for all uses as may be required by Chapter 24.415 with two exceptions:
1. If a dwelling unit is designed as a combined live/work space, incorporating both a residential use type and a general use type, the off-street parking space requirement shall be calculated based solely on the parking requirement for the applicable general use type existing or proposed at the site and no additional parking for the residential use type shall be required, but only if the following standards are met:
a. The living space shall be contiguous with and made an integral part of the workspace, with direct access between the living and working areas to be provided and maintained at all times. If the living space is not contiguous and integral with the work space, the off-street parking space requirement shall be based on the general use type and residential use type requirements combined, unless an administrative variance is obtained in accordance with Chapter 24.535.
b. Living and working areas within one live/work space shall not be rented separately. The coastal development permit required by Section 24.248.050 shall contain a condition to implement this requirement in relationship to a particular application.
c. All regulations, requirements, and conditions of the city’s building and safety division and fire department shall be met.
2. A number equal to 10 percent of the total number of parking spaces otherwise required for an entire project site shall be made available for exclusive use for public parking for coastal access. Such parking shall be aggregated in one or a combination of:
a. Surface parking lot(s);
b. Parking garage(s) with directional signage to such spaces; or
c. Street parking spaces.
In no case shall the total number of required coastal parking spaces be provided solely in street parking spaces. Prominent signage within the public right-of-way shall be installed for coastal parking spaces. No variance may be granted to obviate compliance with this requirement.
B. Additional Parking Requirements. Off-street parking shall also comply with the following standards:
1. Off-street parking requirements for the seaward parking corridor, as defined in Chapter 24.110, shall not apply to lots zoned HMXD.
2. Standard size parking spaces shall be designed at a minimum width of eight feet six inches and a minimum depth of 18 feet.
3. Parking spaces solely devoted to residential uses may be tandem, and shall be permitted to count toward the total minimum number of required off-street parking spaces.
4. Parking spaces along internal roadways may be considered off-street parking for the purposes of compliance with this section.
5. Coastal access parking as well as parking for coastal-dependent and visitor-serving uses shall be provided in locations convenient to key public attractions.
C. Bicycle Parking. Covered, secure bicycle parking shall be provided as follows: one bicycle locker or adequate-sized storage area per residential unit; one public bicycle parking space per 1,500 square feet of commercial space; and one public bicycle parking space per coastal access parking space. Each nonresidential bicycle parking space shall be at least two and one-half feet wide. At least five feet of space shall be allowed behind each space to allow room to maneuver. Bicycle parking shall be separated from vehicle parking for safety and ease of use. Bicycle racks shall be covered to protect bicycles from rain and sun. Covers shall be located at least seven feet above ground, and may include building awnings. Bicycle racks shall be located in well-lit areas visible from commercial storefronts and public areas. Prominent signage within the public right-of-way shall be installed to direct the public to bicycle parking spaces. Any bicycle parking provided in excess of this requirement need not be covered. No variance may be granted to obviate compliance with this requirement. (Ord. No. 2015-015, § 3, 12-7-15; Ord. No. 2021-017, § 24, 12-13-21)
24.248.120 Standards – Building types.
Development within the HMXD zone should respect the desired pedestrian scale and character of Ventura’s coastal environment. New project development should not appear as massive, monolithic structures, but instead as a series of smaller scale buildings surrounded by public open spaces such as walkways, plazas, promenades and parks. When assessing the merits of an application’s ability to fulfill this objective the decision-making authority shall consider the use of building types generally described as follows:
A. Duplex, Triplex, and Multiplex. A residential structure containing two, three, or multiple dwelling units, respectively. Each unit is accessible from the street.
B. Rowhouse. Two or more attached two- or three-story dwellings with zero lot line side setbacks. The main entrance to each unit is accessed directly from and faces the street.
C. Live/Work. An integrated housing unit and working space, occupied and utilized by a single household in a structure, either single-family or multifamily, that has been designed or structurally modified to accommodate joint residential occupancy and work activity. A single entrance is provided to the live/work space with an internal connection between the live and the work portions of each unit. The work activity shall be limited to general use types specified in Section 24.248.020.
D. Side Yard Housing. A building or group of buildings containing dwelling units that are arranged on the site in a row with the first unit facing the street. The primary entrance to each unit is from the side yard or, in the case of units facing the street, the front yard. Access to no more than three second-story dwellings occurs through an open or roofed stair.
E. Courtyard Housing. A group of dwelling units arranged to share one or more common courtyards, where the individual units are townhouses, flats, or flats located over or under flats or townhouses. The courtyard is intended to be a semipublic space that is an extension of the public realm. Each ground floor dwelling is accessed directly off of a courtyard or directly from the street. Access to no more than three second-story dwellings occurs through an open or roofed stair. Access to dwellings at the fourth story level occurs through single loaded corridors.
F. Stacked Dwellings. A single-floor dwelling unit in a structure with other dwelling units of similar configuration either above or below. The building entrance is through a street level lobby. Access to ground floor dwellings facing a street occurs from the street and secondary access occurs through an elevator and corridor.
G. Commercial Block. A building designed for occupancy by retail, service, and/or office uses on the ground floor, with upper floors also configured for those uses or for dwelling units. The main entrance to each ground floor shop or dwelling occurs directly from the street. Entrance to residential portions of the building occurs through a street level lobby, elevator and corridor. (Ord. No. 2015-015, § 3, 12-7-15; Ord. No. 2021-017, § 24, 12-13-21)
24.248.130 Standards – Access and frontage.
Buildings and their accompanying entrances should front common spaces or public spaces such as a street, promenade, courtyard, and/or plaza. Access needs differ by intended building function and relationship to such public spaces. The decision-making authority shall, when reviewing a project, consider access through the use of the following frontage types:
A. Door Yard. A facade is set back from the frontage line with an elevated garden or terrace this type can effectively buffer residential quarters from the sidewalk, while removing the private yard from public encroachment. The terrace is also suitable for restaurants and cafes as the eye of the sitter is level with that of the standing passerby.
B. Forecourt. The facade is aligned close to the frontage line with a portion of it setback. The resulting forecourt is suitable for gardens, vehicular drop offs, and utility off-loading. This type should be used sparingly and in conjunction with the stoops and shop fronts. A fence or wall at the property line may be used to define the private space of the yard. The court may also be raised from the sidewalk, creating a small retaining wall at the property line with entry steps to the court.
C. Porch. A facade is set back from the frontage line with an encroaching porch appended to the facade. A great variety of porches designs are possible, but to be useful, none should be less than eight feet deep and 12 feet wide. A fence or wall at the property line may be used to define the private space of the yard. The front yard may also be raised from the sidewalk, creating a small retaining wall at the property line with entry steps to the yard.
D. Stoop. The facade is placed close to the frontage line with the ground story elevated from the sidewalk, securing privacy for the windows. This type is suitable for ground floor residential uses at short setbacks. This type may be interspersed with the shop front. A porch may also cover the stoop.
E. Storefront. The facade is placed at or close to the right-of-way line, with the entrance at sidewalk grade. This type is conventional for retail frontage. It is commonly equipped with cantilevered shed roof or awning. The absence of a raised ground floor story precludes residential use on the ground floor facing the street, although this use is appropriate behind and above.
F. Gallery. The facade of a building with an attached colonnade. Balconies may overlap the sidewalk while the ground floor remains set at the lot line. This type is ideal for retail use, but only when the sidewalk is fully absorbed within the arcade so that a pedestrian cannot bypass it. An easement for private use of the right-of-way may be required. To be useful, the arcade should be no less than eight feet wide clear in all directions.
G. Arcade. Arcades are facades with an attached colonnade that is covered by upper stories. Arcades must be designed according to the following provisions:
1. Arcades should be no less than 10 feet wide in all directions;
2. Along primary retail frontages, the arcade shall correspond to storefront openings; and
3. Primary storefront openings should be at least 65 percent of the first floor wall area and not have opaque or reflective glazing. (Ord. No. 2015-015, § 3, 12-7-15; Ord. No. 2021-017, § 24, 12-13-21)
24.248.140 Standards – Other.
The following development regulations and standards shall also apply within the HMXD zone:
A. Residential Development. Residential development, considered a nonpriority use within the harbor, shall be permitted on Parcels 15 and 18 subject to the following standards:
1. If residential units are developed, Parcel 16 shall be developed as a public waterfront view park with public parking and public amenities such as tables, chairs, telescopes, lighting, and landscaping, prior to obtaining certificates of occupancy for the structures comprising the adjacent block (as shown on the regulating plan) or three years from the commencement of construction of the first residential units, whichever comes first. Two one-year extensions may be granted by the director if it is determined that circumstances outside the control of the developer led to delays in the commencement of development of Parcel 16.
2. Residential development shall not detract from or interfere with coastal-dependent recreational or visitor-serving commercial uses.
3. Where residential areas abut public areas, design elements such as fencing, landscaping, signage, and elevation changes shall be used to delineate public and private areas and to prevent private residential areas from overwhelming public spaces.
4. Residential development shall provide adequate private recreational facilities so as not to overburden adjacent public recreational facilities.
5. A maximum of 300 dwelling units shall be permitted.
6. Residential units shall be developed as part of a mixed-use development, only if the residential uses are developed concurrently with a minimum of 21,000 square feet of ground floor, commercial, visitor-serving space.
7. In conjunction with any residential development that occurs within the HMXD designated area, a transportation demand management (TDM) program shall be developed and implemented, consistent with a majority of the following policies, as feasible:
a. Development shall be designed to promote maximum use of public transit systems, public walkways, and bicycle paths. Building entries and exits shall be designed to be convenient to pedestrians and transit riders.
b. Wide pedestrian paths or walkways shall be integrated into the roadways and sidewalks to link the public to waterfront recreation areas. Walkways need not be provided where the roadway abuts the waterfront promenade or other public spaces which provide alternative pedestrian access ways. The waterfront promenade shall link to existing bicycle paths adjacent to the property to provide a continuous bicycle-accessible route along the harbor frontage. Directional signage shall be prominently displayed along the promenade to direct bicyclists and pedestrians.
c. Developers, building managers, and employers shall provide incentives for transit ridership (e.g., subsidies for transit use, shuttles to transit stations), ridesharing and vanpools (including preferential parking privileges), and other transportation demand measures designed to reduce vehicle miles traveled.
d. Shared use programs shall be implemented for bicycles and vehicles (e.g., on-site provision of bicycles and zip cars for tenant and employee use).
e. Secure bicycle parking, lockers, and showers for use by employees and tenants who commute by bicycle shall be provided. In addition, bicycle parking and outdoor public facilities (tables, benches, etc.) shall be provided. Directional signage shall be prominently displayed to direct the public to bicycle parking.
f. Coordinate with the local transportation authority to develop a bus stop and/or shuttle stop at the corner of Anchors Way and Navigator Drive; and to establish a new and/or revised route to service the development and surrounding area.
B. Visitor-Serving Commercial, Coastal-Dependent and Coastal-Related Recreation. Priority uses, such as visitor-serving commercial, coastal-dependent and coastal-related recreation shall be located adjacent to the harbor front and shall have priority over residential uses. Public open spaces shall welcome the public through signage, design, and public amenities that distinguish these spaces from adjacent residential areas. Building frontage types of forecourt, storefront, gallery, and arcade should be used for the ground-level floor and general use types addressed by this section. Identifying elements shall be used to create a project focal point or points which connect with and welcome the public to the harbor.
C. Waterfront Promenade. The entire water frontage area from Anchors Way to Navigator Drive, shall include a wide, public promenade. The width of the promenade may vary, but shall be no less than 28 feet at any point. The promenade shall accommodate pedestrians and bicyclists and shall connect to adjacent pathways so as to provide a continuous route around the harbor. Public amenities, such as benches, trash receptacles, lighting and landscaping shall be provided along the promenade. Such improvements shall be developed concurrently with any development of Parcels 15 and 18.
D. Public Open Spaces. Public open spaces such as a plaza, square, courtyard, promenade, park, pet park, and/or passive recreation area for pedestrians and/or bicyclists shall encompass no less than 20 percent of the total area of a parcel. Where a project encompasses two or more parcels, the parcels may be considered as one parcel for the purposes of locating and determining the area of the public open space(s).
E. Vertical Public Access Way. Currently, views of the coast from the nearest roadways (Anchors Way and Navigator Drive) are limited, at most points spanning the width of the entire property. To improve harbor access, a multi-modal vertical public access way shall be provided from the approximate terminus of Schooner Drive through Parcel 15 and 18 to the waterfront promenade. The vertical public access way shall include a roadway for vehicles and cyclists, parallel parking to slow traffic and protect pedestrians and a minimum of 10-foot-wide walkways, encompassing landscaping and pedestrian sidewalks on each side of the roadway. Walkways need not be provided where the roadway abuts the waterfront promenade or other public spaces which provide alternative pedestrian access ways.
F. Protection of Harbor Views. Views of the harbor shall be preserved and enhanced subject to the following standards:
1. A waterfront promenade shall be developed along the entire water frontage area, providing unobstructed views of the harbor waters to pedestrians and cyclists.
2. With the development of residential uses, a waterfront view park shall be developed on Parcel 16 and shall provide unobstructed view corridors totaling at least 1,000 linear feet.
3. Internal project roadways shall be designed to improve harbor front access and bring viewing opportunities closer to the waterfront. A section of the internal circulation system at least 500 linear feet in length shall be developed adjacent to the waterfront promenade and shall provide unobstructed views of the harbor. This section of the internal circulation system may be contiguous with the vertical public access way.
G. Public Restrooms. Public restrooms shall be provided at a location convenient for the public, adjacent, or in close proximity to the public park, visitor-serving commercial, coastal recreation uses, and the promenade. Drinking fountains shall also be provided.
H. Live/Work Units. Live/work residential units are encouraged. Efforts shall be made on the part of the developer/property manager to market such units to visitor-serving and/or harbor-oriented businesses. Live/work units shall not count towards the minimum 21,000-square-foot ground floor commercial visitor-serving space.
I. Shuttle or Bus Stop. Project area at the corner of Anchors Way and Navigator Drive shall be designated for a future shuttle and/or bus stop should the city initiate a city-wide or harbor-wide shuttle program, or coordinate with the local transportation authority to establish a new and/or revised bus route to service the development and surrounding area. Construction of the shuttle stop shall be coordinated between the city and the developer/property owner.
J. Signs. All signs must comply with the provisions of Chapter 24.420. Public access ways shall be conspicuously signed for public use. A signage program shall be developed and implemented to make the public aware of access and recreational facilities that are available on site and direct them to such facilities including, but not limited to, the public park, waterfront promenade, visitor-serving commercial area, boating facilities, restrooms, bicycle parking, and coastal access parking.
K. Coastal Development. All development within the CP overlay zone must comply with the provisions of Chapter 24.515. The requirements of Section 24.310.080 shall not apply to lots zoned HMXD.
L. Open Storage. Open storage of materials and equipment shall be permitted only when incidental to a permitted use on the same lot as that occupied by said use. All areas of a site intended to be used for such open storage shall be shown on the site plan and approved as part of the design review, planned development permit, and coastal development permit.
M. Bird-Safe Buildings Standards. All new buildings, and major renovations of existing buildings, shall be required to comply with bird-safe building standards for facade treatments, landscaping, lighting, and building interiors as follows:
1. Untreated glass or glazing shall not comprise more than 35 percent of a building facade.
2. Acceptable glazing treatments include: fritting, netting, permanent stencils, frosted, nonreflective, or angled glass, exterior screens, decorative latticework or grills, physical grids placed on the exterior of glazing, UV patterns visible to birds or similar treatments as approved by the local jurisdiction.
a. Where applicable, vertical elements within the treatment pattern should be at least one-quarter inch wide, at a maximum spacing of four inches;
b. Where applicable, horizontal elements within the treatment pattern should be at least one-eighth inch wide, at a maximum spacing of two inches; and
c. No glazing shall have a “reflectivity out” coefficient exceeding 30 percent. That is, the fraction of radiant energy that is reflected from glass or glazed surfaces shall not exceed 30 percent.
3. Building edges of exterior courtyards and recessed areas shall be clearly defined, using opaque materials and nonreflective glass.
4. Trees and other vegetation shall be sited so as to avoid or obscure reflection on building facades. Trees and other vegetation planted adjacent to a reflective wall or window shall be planted no further than three feet from the reflective surface.
5. Buildings shall be designed to minimize light spillage and maximize light shielding to the maximum feasible extent per the following standards:
a. Nighttime lighting shall be minimized to levels necessary to provide pedestrian security.
b. Building lighting shall be shielded and directed downward.
c. Up-lighting and use of event searchlights or spotlights is prohibited.
d. Landscape lighting shall be limited to low-intensity and low-wattage lights.
e. Red lights shall be limited to only that necessary for security and safety warning purposes.
6. Artificial night light from interior lighting shall be minimized through the utilization of automated on/off systems and motion detectors in nonresidential buildings.
7. Avoid the use of “bird traps” such as glass courtyards, interior atriums, windows installed opposite each other, clear glass walls, skywalks, and transparent building corners.
8. New projects shall provide residents and tenants with information to raise bird awareness and encourage bird-safe practices.
N. Flooding and Sea Level Rise. All new development shall comply with the following standards:
1. All development shall be analyzed for potential coastal hazards from erosion, flooding, wave attack, scour, and other conditions in conjunction with sea level rise scenarios, depending on the type of development, and shall also consider localized uplift or subsidence, tide range, wave climate, local topography, bathymetry, geologic conditions, and potential inundation areas.
2. A coastal hazards analysis shall be prepared and used to identify current and future site hazards, to help guide site design and hazard mitigation, and identify sea level rise thresholds above which limitations in the development’s design and siting would cause the improvements to become significantly less stable.
3. All input parameters for the coastal hazards analysis shall be clearly described in the analysis and, if judgment was used to choose between a range of values, the basis for the selection should be provided.
4. The best available scientific information, with respect to the level of future sea level rise and the effects of long-range sea level rise, shall be considered in the preparation of findings and recommendations for all requisite geologic, geotechnical, hydrologic, and engineering investigations.
5. At a minimum, sea level rise scenarios shall assume the average projections of sea level rise, as identified by the most recent state of California sea level rise guidance (currently this is 16 inches of sea level rise by 2050, 27 inches of sea level rise by 2070, and 55 inches of sea level rise by 2100, as identified by the state of California sea level rise report, prepared by the California Ocean Protection Council and adopted March 11, 2011). All development in the harbor area shall require erosion and wave uprush studies based upon projections of sea level rise (as identified by the most recent state of California sea level rise report prepared by the California Ocean Protection Council) which can be expected within the reasonable economic life of the structure or lease term. All structures shall be sited and designed to minimize destruction of life and property during likely inundation events.
O. Tsunami. For all development located within the tsunami inundation zone, as identified by the most recent state or local California Emergency Management Agency maps, or below elevation 15 feet above mean sea level, information concerning the height and force of likely tsunami run-up on the property shall be provided. All development located within a possible tsunami run-up zone shall be required to contact the local Office of Emergency Services concerning tsunami plans and to cooperate and/or participate with local warning programs and evacuation planning efforts. Visitor-serving facilities shall work with the local Office of Emergency Services to prepare an evacuation plan, consistent with other community evacuation efforts.
P. Public Boating. In conjunction with any residential development that occurs within the HMXD zone, the following measures shall be implemented:
1. The developer shall furnish to the city (for installation by the city) the following materials for the improvement of the Leo Robbins Community Sailing Center: new gangplank, security gate, storage shed, and eight-foot wide dock float sections totaling 120 feet for the addition of a third finger. The materials furnished shall be in kind or superior to existing materials, and shall be compliant with ADA requirements. The materials shall be provided:
a. Within 18 months of the issuance of the first construction permit for any new residential development within the HMXD zone; or
b. Prior to obtaining certificates of occupancy for the first residential units; or
c. Concurrent with construction of a marina adjacent to and coterminous with the HMXD zone, whichever comes first.
2. Construction of a long dock, not less than 90 feet in length, parallel to the shoreline, for exclusive use by personal watercraft such as kayaks, dinghies, paddleboards, and rowing shells on a short-term (not overnight) basis. The long dock may include dry storage racks for nonmotorized watercraft. Construction of the long dock shall be completed concurrent with construction of a marina adjacent to and coterminous with the HMXD zone, and no later than three years from the issuance of the first building permit for any new residential development within the HMXD zone.
3. Within the marina adjacent and coterminous to the HMXD zone, a minimum of six transient berthing spaces shall be provided and reserved for exclusive use by short-term renters. These transient spaces shall be available for rent on a daily, weekly, or monthly basis, not to exceed 120 days in any calendar year. Construction of the transient spaces shall be completed concurrent with construction of a marina adjacent to and coterminous with the HMXD zone, and no later than three years from the issuance of the first building permit for any new residential development within the HMXD zone.
4. In addition to the six transient berthing spaces required in subsection (P)(3) of this section, at least one transient berthing space shall be provided in perpetuity, at no cost, and reserved for exclusive use by nonprofit boating groups. Each group may use this transient space for no more than 30 days in any calendar year. For reservations lasting longer than one day, the marina owner or operator may recover direct costs of utilities and services used by the occupancy including electricity, water, cable, Wi-Fi, and pump-out. Construction of the transient space shall be completed concurrent with construction of a marina adjacent to and coterminous with the HMXD zone, and no later than three years from the issuance of the first building permit for any new residential development within the HMXD zone.
5. In order to promote cross-harbor transit and connectivity within the Ventura Harbor, the developer shall be required to either:
a. Purchase a minimum of 1,500 one-way water taxi tickets each year which may be distributed to visitors, customers, boaters, residents, and guests of the mixed-use development within the HMXD zone; or
b. Contribute an equivalent amount of funding to the Ventura Port District for the operation of a water taxi service. The developer shall be required to either purchase tickets or contribute an equivalent amount of funds to the Ventura Port District each year for the life of the project. In the event that the water taxi service is discontinued for any reason, an equivalent amount of funds shall be paid to the Ventura Port District for public access and recreation improvements and/or programs, nonmotorized boat storage, and/or alternative public transportation within the harbor, such as a shuttle or bus. (Ord. No. 2015-015, § 3, 12-7-15)
24.248.150 Standards – Nonconformance.
All nonconforming uses, nonconforming structures, and nonconforming lots are subject to the provisions of Chapter 24.465. (Ord. No. 2015-015, § 3, 12-7-15)
24.248.160 Standards – Density review.
Prior to issuance of building permits, floor plans may be reviewed by the director to determine that density standards will not be exceeded. In order to preclude or lessen the possibility that density standards will be exceeded, or that unlawful density increases will occur in the future, no more than one kitchen shall be allowed per dwelling unit. In the density review process, additional changes may be required in the placement of exterior doors, windows, stairways, hallways, utility connections, or other fixtures or architectural features when determined by the director to be necessary or desirable to preclude or lessen the likelihood of unlawful density increases. (Ord. No. 2015-015, § 3, 12-7-15)
24.250.010 Chapter description.
This chapter establishes downtown specific plan area zones and prescribes appropriate uses and other regulations for these zones. The provisions of this chapter are intended to promote the goals, objectives, and policies of the downtown specific plan by incorporating the standards identified in the development code set forth in Article II-V for each of the following zones: urban general 1 (T4.1) zone, Main Street frontage (T4.1 Main) zone, urban general 2 (T4.2) zone, urban general 3 (T4.3) zone, Thompson Corridor (T4.4) zone, neighborhood center (T5.1) zone, Figueroa Street frontage (T5.1 Figueroa) zone, urban core (T6.1) zone, parks and open space zone, and civic building reserve zone, as those standards are set forth in the downtown specific plan as adopted by the city council, and as it may be amended from time to time.
Any applicable overlay zones described in Chapters 24.300 through 24.399 may impose regulations in addition to those prescribed by this chapter. (Ord. No. 2007-009, § 6, 3-26-07)
24.250.020 Urban Core (T6.1) Zone and Neighborhood Center (T5.1) Zone.
There is hereby established, within the downtown specific plan area, the urban core zone, also known as the T6.1 zone, and the neighborhood center zone, also known as the T5.1 zone. The urban core zone and neighborhood center zone are intended to implement policies, standards, and guidelines in the downtown specific plan by, among other things, promoting buildings, renovations, and uses that facilitate dense commercial, retail and mixed-use development. (Ord. No. 2007-009, § 6, 3-26-07)
24.250.030 Uses permitted in urban core zone and neighborhood center zone.
The uses permitted in the urban core zone and neighborhood center zone subject to the provisions of this chapter are the uses listed as permitted by right in Article II of the downtown specific plan, as it may be amended from time to time. (Ord. No. 2007-009, § 6, 3-26-07)
24.250.040 Uses – Permitted in the urban core zone and neighborhood center zone subject to a use permit.
Within the urban core zone and neighborhood center zone, uses listed in Article II of the downtown specific plan as requiring a use permit may be permitted subject to the provisions of this chapter; and further provided, that a use permit is approved pursuant to Chapter 24.520. (Ord. No. 2007-009, § 6, 3-26-07)
24.250.050 Uses – Special provisions.
A. All uses of land and all other development within the boundaries of the urban core zone or neighborhood center zone must comply with all applicable provisions of the downtown specific plan including, without limitation, the development code set forth in the plan, all other provisions of the zoning ordinance, and other provisions of law. Where there is any disparity between the applicable provisions of the downtown specific plan and any other provisions of the zoning ordinance, the applicable provisions of the downtown specific plan shall prevail regardless of whether the particular provisions of the downtown specific plan are more liberal or more restrictive than the disparate zoning provision.
B. All subdivision, public improvement projects, development agreements, and any other discretionary land use permits and other approvals within the urban core zone and neighborhood center zone shall be consistent with the downtown specific plan.
C. Coastal Development. All development in the T6.1 and T5.1 zone that is also within the CP overlay zone must comply with the provisions of Chapters 24.310 and 24.515.
D. Design Review. Design review approval must be obtained to the extent required by the downtown specific plan and Chapter 24.545.
E. Planned Development Permit. Approval of a planned development permit pursuant to Chapter 24.525, or amendment pursuant to Chapter 24.570, is required for any residential condominium conversions in the T6.1 and T5.1 zone. (Ord. No. 2007-009, § 6, 3-26-07; Ord. No. 2021-017, § 25, 12-13-21)
24.250.070 Standards and guidelines for the urban core zone and neighborhood center zone.
Uses listed in Sections 24.250.030 and 24.250.040 as permitted in the urban core zone and neighborhood center zone must comply with the development code and all other regulations set forth in the downtown specific plan. Multifamily residential development must comply with the standards set forth in the downtown specific plan. All uses should also follow the design guidelines specified in the downtown specific plan. (Ord. No. 2007-009, § 6, 3-26-07)
24.250.080 Urban general and Thompson Corridor (T4.1, T4.2, T4.3, and T4.4) zones.
There is hereby established, within the downtown specific plan area, the urban general zones, also known as T4.1, T4.2, T4.3, or T4.4 zones. The urban general zones are intended to implement the policies, standards, and guidelines in the downtown specific plan and are scaled primarily toward residential use and neighborhood character, except for T4.4, which is primarily for mixed uses. (Ord. No. 2007-009, § 6, 3-26-07)
24.250.090 Uses permitted in the urban general and Thompson Corridor zones.
The uses allowed in the urban general and Thompson Corridor zones, are those uses listed as permitted by right in Article II of the downtown specific plan, as it may be amended from time to time. (Ord. No. 2007-009, § 6, 3-26-07)
24.250.100 Uses – Permitted in the urban general and Thompson Corridor zone subject to a use permit.
Within the urban general and Thompson Corridor zone, uses listed in Article II of the downtown specific plan as requiring a use permit may be permitted subject to the provisions of this chapter; and further provided, that a use permit is approved pursuant to Chapter 24.520. (Ord. No. 2007-009, § 6, 3-26-07)
24.250.110 Uses – Special provisions.
A. All uses of land and all other development within the boundaries of the urban general zones and Thompson Corridor must comply with all applicable provisions of the downtown specific plan including, without limitation, the development code set forth in the plan, all other provisions of the zoning ordinance, and other provisions of law. Where there is any disparity between the applicable provisions of the downtown specific plan and any other provisions of the zoning ordinance, the applicable provisions of the downtown specific plan shall prevail regardless of whether the particular provisions of the downtown specific plan are more liberal or more restrictive than the disparate zoning provision.
B. All subdivision, public improvement projects, development agreements, and any other discretionary land use permits and other approvals within the urban general zones shall be consistent with the downtown specific plan.
C. Coastal Development. All development in the T4.1, T4.2, T4.3, and T4.4 zone that is also within the CP overlay zone must comply with the provisions of Chapters 24.310 and 24.515.
D. Design Review. Design review approval must be obtained to the extent required by the downtown specific plan and Chapter 24.545.
E. Planned Development Permit. Approval of a planned development permit pursuant to Chapter 24.525, or amendment pursuant to Chapter 24.570, is required for any residential condominium conversions in the T4.1, T4.2, T4.3, and T4.4 zone. (Ord. No. 2007-009, § 6, 3-26-07; Ord. No. 2021-017, § 25, 12-13-21)
24.250.120 Standards and guidelines for urban general and Thompson Corridor zones.
Uses listed in Sections 24.250.090 and 24.250.100 as permitted in the urban general and Thompson Corridor zones must comply with the development code and all other regulations set forth in the downtown specific plan. (Ord. No. 2007-009, § 6, 3-26-07)
24.250.130 Main Street frontage (T4.1 Main) and Figueroa Street frontage (T5.1 Figueroa) zones.
There is hereby established, within the downtown specific plan area, the Main Street frontage (T4.1 Main) zone and Figueroa Street frontage (T5.1 Figueroa) zone. The Main Street frontage and Figueroa Street frontage zones are intended to implement the policies, standards, and guidelines established by the downtown specific plan, which, among other things, regulate street frontage where the character of the buildings fronting these streets is different from the buildings located in the interior of the zones. (Ord. No. 2007-009, § 6, 3-26-07)
24.250.140 Uses permitted in Main Street frontage (T4.1 Main) and Figueroa Street frontage (T5.1 Figueroa) zones.
The uses permitted in either the Main Street frontage (T4.1 Main) or Figueroa Street frontage (T5.1 Figueroa) zones are subject to the provision of this chapter and are those uses listed as permitted by right in Article II of the downtown specific plan, as it may be amended from time to time. (Ord. No. 2007-009, § 6, 3-26-07)
24.250.150 Uses – Permitted in the Main Street frontage and Figueroa Street frontage zones subject to a use permit.
Within the Main Street frontage (T4.1 Main) or Figueroa Street frontage (T5.1 Figueroa) zones, uses listed in Article II of the downtown specific plan as requiring a use permit may be permitted subject to the provisions of this chapter; and further provided, that a use permit is approved pursuant to Chapter 24.520. (Ord. No. 2007-009, § 6, 3-26-07)
24.250.160 Uses – Special provisions.
A. All uses of land and all other development within the boundaries of the Main Street frontage or Figueroa Street frontage zones must comply with all applicable provisions of the downtown specific plan including, without limitation, the development code set forth in the plan, all other provisions of the zoning ordinance, and other provisions of law. Where there is any disparity between the applicable provisions of the downtown specific plan and any other provisions of the zoning ordinance, the applicable provisions of the downtown specific plan shall prevail regardless of whether the particular provisions of the downtown specific plan are more liberal or more restrictive than the disparate zoning provision.
B. All subdivision, public improvement projects, development agreements, and any other discretionary land use permits and other approvals within the Main Street frontage or Figueroa Street frontage shall be consistent with the downtown specific plan.
C. Coastal Development. All development in the T4.1 Main and T5.1 Figueroa zones that is also within the CP overlay zone must comply with the provisions of Chapters 24.310 and 24.515.
D. Design Review. Design review approval must be obtained to the extent required by the downtown specific plan and Chapter 24.545.
E. Planned Development Permit. Approval of a planned development permit pursuant to Chapter 24.525, or amendment pursuant to Chapter 24.570, is required for any residential condominium conversion in the T4.1 Main and T5.1 Figueroa zone. (Ord. No. 2007-009, § 6, 3-26-07; Ord. No. 2021-017, § 25, 12-13-21)
24.250.170 Standards and guidelines for Main Street frontage and Figueroa Street frontage zones.
Uses listed in Sections 24.250.140 and 24.250.150 as permitted by right must comply with the development code and all other regulations set forth in the downtown specific plan. All uses should also follow the design guidelines in the downtown specific plan. (Ord. No. 2007-009, § 6, 3-26-07)
24.250.180 Parks and open space zone.
There is hereby established, within the downtown specific plan area, the parks and open space zone. The parks and open space zone is intended to implement the policies, standards, and guidelines established by the downtown specific plan. (Ord. No. 2007-009, § 6, 3-26-07)
24.250.190 Uses permitted in parks and open space zone.
The uses permitted in the parks and open space zone are those uses listed as permitted by right in Article II of the downtown specific plan, as it may be amended from time to time. (Ord. No. 2007-009, § 6, 3-26-07)
24.250.200 Uses – Special provisions.
A. All uses of land and all other development within the boundaries of the parks and open space zone must comply with all applicable provisions of the downtown specific plan including, without limitation, the development code set forth in the plan, all other provisions of the zoning ordinance, and other provisions of law. Where there is any disparity between the applicable provisions of the downtown specific plan and any other provisions of the zoning ordinance, the applicable provisions of the downtown specific plan shall prevail regardless of whether the particular provisions of the downtown specific plan are more liberal or more restrictive than the disparate zoning provision.
B. All public improvement projects, development agreements, and any other discretionary land use permits and other approvals within the parks and open space zone shall be consistent with the downtown specific plan.
C. Coastal Development. All development in the parks and open space zone that is also within the CP overlay zone must comply with the provisions of Chapters 24.310 and 24.515.
D. Design Review. Design review approval must be obtained to the extent required by the downtown specific plan and Chapter 24.545. (Ord. No. 2007-009, § 6, 3-26-07)
24.250.210 Standards and guidelines for parks and open space zone.
Uses listed in Section 24.250.190 as permitted by right must comply with the development code and all other regulations set forth in the downtown specific plan. (Ord. No. 2007-009, § 6, 3-26-07)
24.260.010 Chapter description.
This chapter establishes the M-1 limited industrial zone, also known as the M-1 zone, and prescribes use types and other regulations for this zone. Any applicable overlay zones described in Chapters 24.300 through 24.399 may impose regulations in addition to those prescribed by this chapter for the M-1 zone. (Code 1971, § 15.260.010)
24.260.020 Uses – Permitted.
The following use types are permitted subject to the provisions of this chapter:
A. Residential.
None.
B. General.
Administrative, Business, and Professional Services.
Animal Sales and Services: Grooming and Pet Stores.
Animal Sales and Services: Veterinary.
Animal Boarding.
Automotive and Accessories: Automotive Rentals.
Automotive and Accessories: Automotive Repairs, Bodies.
Automotive and Accessories: Automotive Repairs, Systems.
Automotive and Accessories: Automotive Sales, Retail.
Automotive and Accessories: Automotive Sales, Wholesale.
Automotive and Accessories: Operable Vehicle Storage.
Automotive and Accessories: Parking.
Boating and Harbor Activities: Boat Building or Repair.
Boating and Harbor Activities: Boat Sales and Services.
Business and Professional Support.
Construction Sales and Services: Building Contractor Yards.
Construction Sales and Services: Building Supply Stores.
Construction Sales and Services: Lumberyards.
Cultural and Library Services.
Dining Establishments: Ancillary Service.
Dining Establishments: Fast Counter Service.
Dining Establishments: Full Service.
Dining Establishments: Take Out.
Drinking Establishments.
Education Services: Commercial.
Emergency Shelter, With Minimal Supportive Services.
Equipment Rentals, Sales, and Services: Heavy.
Equipment Rentals, Sales, and Services: Light.
Firearm and Ammunition Sales.
Food and Beverage Retail Sales.
Food and Fish Processing: Fish and Meat Processing.
Food and Fish Processing: Food Processing.
Funeral and Interment Services.
Government Services.
Laundry Services.
Light Industrial.
Medical Services: Consulting.
Medical Services: Mobile Equipment.
Nursery Sales.
Oil Equipment Services: Light.
Personal Services.
Personal Storage.
Property Maintenance Services.
Recreation Services: Public Parks and Playgrounds.
Recycling Services: Consumer Recycling Collection Points.
Repair Services.
Research or Laboratory Services.
Retail Sales.
Safety Services.
Shopping Centers: Small.
Wholesaling and Distribution.
Wireless Telecommunications Facilities: Mini.
Wireless Telecommunications Facilities: Minor.
C. Agricultural.
None. (Code 1971, § 15.260.020; Ord. No. 2000-04, § 44, 1-24-00; Ord. No. 2002-05, § 12, 3-18-02; Ord. No. 2010-016, § 11, 11-22-10; Ord. No. 2011-010, § 20, 8-1-11; Ord. No. 2012-017, § 5, 9-10-12; Ord. No. 2017-008, § 9, 4-17-17; Ord. No. 2019-001, § 3, 3-18-19)
24.260.030 Uses – Subject to a use permit.
The following use types may be permitted subject to the provisions of this chapter; and further provided, that a use permit is approved pursuant to Chapter 24.520:
A. Residential.
Family Residential: Caretaker.
B. General.
Auction Sales.
Automotive and Accessories: Cleaning.
Automotive and Accessories: Gasoline Sales.
Automotive and Accessories: Impound Yards.
Billboards.
Community Meeting.
Day Care Centers.
Day Services Facility.
Dining Establishments: Fast Service, Drive-Up.
Education Services: General.
General Industrial.
Group Care.
Hazardous Waste Facility.
Helicopter Landing Services.
Oil Equipment Services: Heavy.
Recreation Services: Indoor Entertainment.
Recreation Services: Indoor Sports and Recreation.
Recreation Services: Outdoor Entertainment.
Recreation Services: Outdoor Sports and Recreation.
Recycling Services: Recycling Transfer.
Recycling Services: Scrap Operations.
Shopping Centers: Large.
Swap Meets.
Transportation Services.
Utility or Equipment Substations.
Wireless Telecommunications Facilities: Major.
C. Agricultural.
None. (Code 1971, § 15.260.030; Ord. No. 2000-04, § 45, 1-24-00; Ord. No. 2012-017, § 6, 9-10-12; Ord. No. 2012-024, § 17, 12-17-12; Ord. No. 2017-008, § 9, 4-17-17)
24.260.035 Uses – Subject to a director’s permit.
The following use types may be permitted, subject to the provisions of this chapter; and further provided, that a director’s permit is approved pursuant to Chapter 24.505:
A. Residential.
None.
B. General.
Farmers’ Market, Certified.
Thrift Stores.
C. Agricultural.
None. (Ord. No. 2010-006, § 9, 4-26-10; Ord. No. 2012-024, § 18, 12-17-12)
24.260.040 Incidental uses and adult-oriented business uses.
In addition to uses within the use types listed in Sections 24.260.020 and 24.260.030:
A. Incidental uses as defined in Chapter 24.110 may be permitted; and
B. Adult-oriented business uses as defined in Chapter 24.492 may be permitted subject to the provisions of Chapter 24.492. (Code 1971, § 15.260.040)
24.260.050 Uses – Special provisions.
Uses listed in Sections 24.260.020 through 24.260.040 must also comply with the following special provisions:
A. Design Review. Design review approval must be obtained to the extent required by Chapter 24.545.
B. Temporary Uses. Temporary uses may be conducted in the M-1 zone only to the extent permitted by Chapter 24.120.
C. Family Residential: Caretaker. Caretaker’s residences must comply with the provisions of Chapter 24.435.
D. Group Care. All Group Care uses must comply with the provisions of Chapter 24.435.
E. Dining Establishments: Fast Service, Drive-Up. Dining Establishments: Fast Service, Drive-Up uses must comply with the provisions of Chapter 24.475.
F. Assembly Uses. All assembly uses must comply with Chapter 24.480.
G. Recycling Services Use Types. Uses classified in the Recycling Services use type category must comply with the provisions of Chapter 24.485.
H. Hazardous Waste Facility. All uses classified within the Hazardous Waste Facility use type must comply with the provisions of Chapter 24.495.
I. Wireless Telecommunications Facilities: Minor. Uses classified in the Wireless Telecommunications Facilities: Minor use type shall require a director’s permit pursuant to Chapter 24.505.
J. Animal Boarding. All animal boarding related activities must occur within an enclosed building, except for transporting animals to and from vehicles. An operational plan to address storage of food and disposal of waste products must be submitted with the business license application.
K. Animal Veterinary. All animal veterinary related activities must occur within an enclosed building, except that use of a trailer for medical resonance imaging (MRI) purposes may be allowed subject to a use permit.
L. Emergency Shelter With Minimal Supportive Services. Emergency shelters classified as an Emergency Shelter, With Minimal Supportive Services, must comply with the provisions of Chapter 24.437.
M. Farm Employee Housing. All farm employee housing uses shall comply with Section 24.435.030.
N. Firearm and Ammunition Sales. All uses, as defined by Section 24.115.3175, shall comply with Chapter 24.494. (Code 1971, § 15.260.050; Ord. No. 2000-04, § 46, 1-24-00; Ord. No. 2010-016, § 12, 11-22-10; Ord. No. 2011-010, § 21, 8-1-11; Ord. No. 2012-017, § 7, 9-10-12; Ord. No. 2017-008, § 10, 4-17-17; Ord. No. 2019-001, § 4, 3-18-19; Ord. No. 2021-017, § 26, 12-13-21)
24.260.060 Standards – Density.
There shall be no general lot area, lot width, or lot coverage requirements in this zone. (Code 1971, § 15.260.060)
24.260.070 Standards – Height.
A. Height Determination. The height of buildings and other structures in the M-1 zone shall be determined in accordance with Section 24.405.040.
B. Maximum Number of Stories. Buildings and other structures in the M-1 zone shall not exceed three stories.
C. Maximum Height. Regardless of the number of stories comprising a building or structure, no portion of a building or other structure in the M-1 zone shall exceed 45 feet in height except as provided in Section 24.405.030. (Code 1971, § 15.260.070)
24.260.080 Standards – Yards.
Fences, walls, and other uses of yards in the M-1 zone shall comply with the yard requirements contained in Chapter 24.410. (Code 1971, § 15.260.080)
24.260.090 Standards – Setbacks.
Buildings and other structures, not including fences or walls, on a lot in the M-1 zone shall comply with the following setback requirements:
A. Front Setbacks. There shall be no front setback requirement in the M-1 zone.
B. Side Setbacks. There shall be no side setback requirements in this zone except where the side of a lot in the M-1 zone abuts a residential zone. In such instance, there shall be a side setback on the abutting side of not less than 10 percent of the width of the lot; provided, that such side setback shall not be less than three feet, and need not exceed five feet.
C. Rear Setbacks. Each lot in the M-1 zone shall have a required rear setback of not less than 20 percent of the depth of the lot; provided, that such rear setback need not exceed 20 feet. (Code 1971, § 15.260.090)
24.260.100 Standards – Other.
The following development regulations and standards shall also apply within the M-1 zone:
A. Parking. Off-street parking shall be provided for all uses in the M-1 zone as required by Chapter 24.415.
B. Signs. All signs must comply with the provisions of Chapter 24.420.
C. Coastal Development. All development within the CP overlay zone must comply with the provisions of Chapters 24.310 and 24.515.
D. Floodplain Overlay Zones. All development within a designated floodplain (FP) overlay zone must comply with the provisions of Chapters 24.320 and 24.530.
E. Wholesaling and Distribution. Distribution plants handling petroleum products having a flash point below 70 degrees Fahrenheit shall be prohibited.
F. Concrete Products. Uses involving ready mix concrete products shall be limited to one mixing unit with a maximum capacity of three cubic yards of concrete.
G. Displays for Uses in the Automotive and Accessories Use Type Category. Outdoor display of merchandise in conjunction with uses classified within the Automotive and Accessories: Gasoline Sales, and Automotive and Accessories: Automotive Repairs, Systems use types may be permitted provided all the following standards are met:
1. Lubricating Materials. Not more than one day’s supply of lubricating materials, computed on the basis of average daily sales, may be placed upon the pump island or within two feet of the pump island or primary building. All such lubricating materials must be displayed in appropriate racks.
2. Tire Display. Not more than two enclosed tire storage or display cabinets are permitted. In lieu of tire cabinets, not more than four individual new tires in appropriate open racks or stands may be displayed; provided, that such racks or stands are located within two feet of the perimeter of the pump island or primary building.
3. Vending Machines. Vending machines, including, but not limited to, soft drink dispensers or cigarette or candy vending machines, may be displayed within two feet of the perimeter of the primary building. Not more than four such machines are permitted.
H. Swap Meets. Uses classified within the Swap Meets use type may be conducted in the M-1 zone; provided, that all such uses must obtain a use permit pursuant to Chapter 24.520; and further provided, that any such use may be conducted only for a maximum of 48 hours within any seven-day consecutive period.
I. Billboards. Billboards greater than 300 square feet in area are prohibited.
J. Domestic Animals. Domestic animals are permitted in the M-1 zone; provided, that in conjunction with uses other than those uses within the Animal Sales and Services: Grooming and Pet Stores use type, only four adult domestic animals are permitted per establishment.
K. Livestock Animals. Livestock animals are not permitted in the M-1 zone.
L. Wild Animals. Wild animals are not permitted in the M-1 zone except in conjunction with the Animal Sales and Services: Grooming and Pet Stores use type.
M. Oil Drilling. All oil drilling must comply with the provisions of Chapter 24.375.
N. Performance Standards. All development in the M-1 zone shall comply with the performance standards set forth in Chapter 24.470.
O. Open Storage. Open storage is permitted in this zone.
P. Emergency Shelter Overlay Zone. All uses classified as an Emergency Shelter, With Full Supportive Services, within a designated shelter overlay zone must comply with the provisions of Chapters 24.318 and 24.437. (Code 1971, § 15.260.100; Ord. No. 2017-008, § 11, 4-17-17)
24.260.110 Nonconformance.
All nonconforming uses, nonconforming structures, and nonconforming lots are subject to the provisions of Chapter 24.465. (Code 1971, § 15.260.110)
24.262.010 Chapter description.
This chapter establishes the M-2 general industrial zone, also known as the M-2 zone, and prescribes use types and other regulations for this zone. Any applicable overlay zones described in Chapters 24.300 through 24.399 and any special development tract regulations may impose regulations in addition to those prescribed by this chapter for the M-2 zone. (Code 1971, § 15.262.010)
24.262.020 Uses – Permitted.
The following use types are permitted subject to the provisions of this chapter:
A. Residential.
None.
B. General.
Administrative, Business, and Professional Services.
Animal Boarding.
Animal Sales and Services: Grooming and Pet Stores.
Animal Sales and Services: Veterinary.
Automotive and Accessories: Automotive Rentals.
Automotive and Accessories: Automotive Repairs, Bodies.
Automotive and Accessories: Automotive Repairs, Systems.
Automotive and Accessories: Automotive Sales, Retail.
Automotive and Accessories: Automotive Sales, Wholesale.
Automotive and Accessories: Operable Vehicle Storage.
Automotive and Accessories: Parking.
Boating and Harbor Activities: Boat Building or Repair.
Boating and Harbor Activities: Boat Sales and Services.
Business and Professional Support.
Construction Sales and Services: Building Contractor Yards.
Construction Sales and Services: Building Supply Stores.
Construction Sales and Services: Lumberyards.
Cultural and Library Services.
Dining Establishments: Ancillary Service.
Dining Establishments: Fast Counter Service.
Dining Establishments: Full Service.
Dining Establishments: Take Out.
Drinking Establishments.
Education Services: Commercial.
Emergency Shelter, With Minimal Supportive Services.
Equipment Rentals, Sales, and Services: Heavy.
Equipment Rentals, Sales, and Services: Light.
Firearm and Ammunition Sales.
Food and Beverage Retail Sales.
Food and Fish Processing: Fish and Meat Processing.
Food and Fish Processing: Food Processing.
Funeral and Interment Services.
General Industrial.
Government Services.
Laundry Services.
Light Industrial.
Medical Services: Consulting.
Medical Services: Mobile Equipment.
Nursery Sales.
Oil Equipment Services: Heavy.
Oil Equipment Services: Light.
Personal Services.
Personal Storage.
Property Maintenance Services.
Recreation Services: Public Parks and Playgrounds.
Recycling Services: Consumer Recycling Collection Points.
Repair Services.
Research or Laboratory Services.
Retail Sales.
Safety Services.
Shopping Centers: Small.
Wholesaling and Distribution.
Wireless Telecommunications Facilities: Major.
C. Agricultural.
None. (Code 1971, § 15.262.020; Ord. No. 2000-04, § 47, 1-24-00; Ord. No. 2002-05, § 13, 3-18-02; Ord. No. 2010-016, § 13, 11-22-10; Ord. No. 2011-010, § 22, 8-1-11; Ord. No. 2012-017, § 8, 9-10-12; Ord. No. 2017-008, § 12, 4-17-17; Ord. No. 2019-001, § 5, 3-18-19)
24.262.030 Uses – Subject to a use permit.
The following use types may be permitted subject to the provisions of this chapter; and further provided, that a use permit is approved pursuant to Chapter 24.520:
A. Residential.
Family Residential: Caretaker.
B. General.
Auction Sales.
Automotive and Accessories: Cleaning.
Automotive and Accessories: Gasoline Sales.
Automotive and Accessories: Impound Yards.
Billboards.
Community Meeting.
Day Care Centers.
Day Services Facility.
Dining Establishments: Fast Service, Drive-Up.
Education Services: General.
Farm Employee Housing.
Group Care.
Hazardous Waste Facility.
Helicopter Landing Services.
Recreation Services: Indoor Entertainment.
Recreation Services: Indoor Sports and Recreation.
Recreation Services: Outdoor Entertainment.
Recreation Services: Outdoor Sports and Recreation.
Recycling Services: Recycling Transfer.
Recycling Services: Scrap Operations.
Shopping Centers: Large.
Swap Meets.
Transportation Services.
Utility or Equipment Substations.
Wireless Telecommunications Facilities: Mini.
Wireless Telecommunications Facilities: Minor.
C. Agricultural.
None. (Code 1971, § 15.262.030; Ord. No. 2000-04, § 48, 1-24-00; Ord. No. 2012-017, § 9, 9-10-12; Ord. No. 2012-024, § 19, 12-17-12; Ord. No. 2017-008, § 12, 4-17-17)
24.262.035 Uses – Subject to a director’s permit.
The following use types may be permitted, subject to the provisions of this chapter; and further provided, that a director’s permit is approved pursuant to Chapter 24.505:
A. Residential.
None.
B. General.
Farmers’ Market, Certified.
Thrift Stores.
C. Agricultural.
None. (Ord. No. 2010-006, § 10, 4-26-10; Ord. No. 2012-024, § 20, 12-17-12)
24.262.040 Incidental uses and adult-oriented business uses.
In addition to uses within the use types listed in Sections 24.262.020 and 24.262.030:
A. Incidental uses as defined in Chapter 24.110 may be permitted; and
B. Adult-oriented business uses as defined in Chapter 24.492 may be permitted subject to the provisions of Chapter 24.492. (Code 1971, § 15.262.040)
24.262.050 Uses – Special provisions.
Uses listed in Sections 24.262.020 through 24.262.040 must also comply with the following provisions:
A. Design Review. Design review approval must be obtained to the extent required by Chapter 24.545.
B. Temporary Uses. Temporary uses may be conducted to the extent permitted by Chapter 24.120.
C. Family Residential: Caretaker. Caretaker’s residences must comply with the provisions of Chapter 24.435.
D. Group Care. All Group Care uses must comply with the provisions of Chapter 24.435.
E. Dining Establishments: Fast Service, Drive-Up. All Dining Establishments: Fast Service, Drive-Up uses must comply with the provisions of Chapter 24.475.
F. Assembly Uses. All assembly uses must comply with the provisions of Chapter 24.480.
G. Recycling Services. All uses within the Recycling Services use type category must comply with the provisions of Chapter 24.485.
H. Hazardous Waste Facility. All use classified within the Hazardous Waste Facility use type must comply with the provisions of Chapter 24.495.
I. Wireless Telecommunications Facilities: Minor. Uses classified in the Wireless Telecommunications Facilities: Minor use type shall require a director’s permit pursuant to Chapter 24.505.
J. Animal Boarding. All animal boarding related activities must occur within an enclosed building, except for transporting animals to and from vehicles. An operational plan to address storage of food and disposal of waste products must be submitted with the business license application.
K. Animal Veterinary. All animal veterinary related activities must occur within an enclosed building, except that use of a trailer for medical resonance imaging (MRI) purposes may be allowed subject to a use permit.
L. Emergency Shelter With Minimal Supportive Services. Emergency shelters classified as an Emergency Shelter, With Minimal Supportive Services, must comply with the provisions of Chapter 24.437.
M. Farm Employee Housing. All farm employee housing uses shall comply with Section 24.435.030.
N. Firearm and Ammunition Sales. All uses, as defined by Section 24.115.3175, shall comply with Chapter 24.494. (Code 1971, § 15.262.050; Ord. No. 2000-04, § 49, 1-24-00; Ord. No. 2010-016, § 14, 11-22-10; Ord. No. 2011-010, § 23, 8-1-11; Ord. No. 2012-017, § 11, 9-10-12; Ord. No. 2017-008, § 13, 4-17-17; Ord. No. 2019-001, § 6, 3-18-19; Ord. No. 2021-017, § 27, 12-13-21)
24.262.060 Standards – Density.
There shall be no general lot area, lot width or lot coverage requirements in this zone. (Code 1971, § 15.262.060)
24.262.070 Standards – Height.
A. Height Determination. The height of buildings and other structures in the M-2 zone shall be determined in accordance with Section 24.405.040.
B. Maximum Number of Stories. Buildings and other structures in the M-2 zone shall not exceed six stories.
C. Maximum Height. Regardless of the number of stories comprising a building or structure, no portion of a building or other structure in the M-2 zone shall exceed 75 feet in height except as provided in Section 24.405.030. (Code 1971, § 15.262.070)
24.262.080 Standards – Yards.
Fences, walls, and other uses of yards in the M-2 zone shall comply with the yard requirements contained in Chapter 24.410. (Code 1971, § 15.262.080)
24.262.090 Standards – Setbacks.
Buildings and other structures, not including fences or walls, on a lot in the M-2 zone shall comply with the following setback requirements:
A. Front Setbacks. There shall be no front setback requirement in the M-2 zone.
B. Side Setbacks. There shall be no side setback requirements in this zone except where the side of a lot in the M-2 zone abuts a residential zone. In such instance, there shall be a side setback on the abutting side of not less than 10 percent of the width of the lot; provided, that such side setback shall not be less than three feet, and need not exceed five feet.
C. Rear Setbacks. Each lot in the M-2 zone shall have a required rear setback of not less than 20 percent of the depth of the lot; provided, that such rear setback need not exceed 20 feet. (Code 1971, § 15.262.090)
24.262.100 Standards – Other.
The following development regulations and standards shall also apply within the M-2 zone:
A. Parking. Off-street parking shall be provided for all uses in the M-2 zone as required by Chapter 24.415.
B. Signs. All signs must comply with the provisions of Chapter 24.420.
C. Coastal Development. All development within the CP overlay zone must comply with the provisions of Chapters 24.310 and 24.515.
D. Floodplain Overlay Zones. All development within a designated floodplain (FP) overlay zone must comply with the provisions of Chapters 24.320 and 24.530.
E. Swap Meets. Uses classified within the Swap Meets use type may be conducted in the M-2 zone; provided, that all such uses must obtain a use permit pursuant to Chapter 24.520; and further provided, that any such use may be conducted only for a maximum of 48 hours within any seven-day consecutive period.
F. Displays for Uses in the Automotive and Accessories Use Type Category. Outdoor display of merchandise in conjunction with uses classified within the Automotive and Accessories: Gasoline Sales and Automotive and Accessories: Automotive Repairs, Systems use types may be permitted; provided, that all the following standards are met:
1. Lubricating Materials. Not more than one day’s supply of lubricating materials, computed on the basis of average daily sales, may be placed upon the pump island or within two feet of the pump island or primary building. All such lubricating materials must be displayed in appropriate racks.
2. Tire Display. Not more than two enclosed tire storage or display cabinets are permitted. In lieu of tire cabinets, not more than four individual new tires in appropriate open racks or stands may be displayed; provided, that such racks or stands are located within two feet of the perimeter of the pump island or primary building.
3. Vending Machines. Vending machines, including, but not limited to, soft drink dispensers or cigarette or candy vending machines, may be displayed within two feet of the perimeter of the primary building. Not more than four such machines are permitted.
G. Billboards. Billboards greater than 300 square feet in area are prohibited.
H. Domestic Animals. Domestic animals are permitted in the M-2 zone; provided, that in conjunction with uses other than those uses within the animal sales and services: grooming and pet stores use type, only four adult domestic animals are permitted per establishment.
I. Livestock Animals. Livestock animals are not permitted in the M-2 zone.
J. Wild Animals. Wild animals are not permitted in the M-2 zone except in conjunction with the Animal Sales and Services: Grooming and Pet Stores use type.
K. Oil Drilling. All oil drilling must comply with the provisions of Chapter 24.375.
L. Performance Standards. All development shall be subject to the performance standards set forth in Chapter 24.470.
M. Open Storage. Open storage is permitted in this zone.
N. Emergency Shelter Overlay Zone. All uses classified as an Emergency Shelter, With Full Supportive Services, within a designated shelter overlay zone must comply with the provisions of Chapters 24.318 and 24.437. (Code 1971, § 15.262.100; Ord. No. 2017-008, § 14, 4-17-17)
24.262.110 Nonconformance.
All nonconforming uses, nonconforming structures, and nonconforming lots are subject to the provisions of Chapter 24.465. (Code 1971, § 15.262.110)
24.264.010 Chapter description.
This chapter establishes the M-P-D manufacturing planned development zone and prescribes use types and other regulations for this zone. Any applicable overlay zones described in Chapters 24.300 through 24.399 may impose regulations in addition to those prescribed by this chapter for the M-P-D zone. In addition, development within the M-P-D zone may be subject to other special development tract regulations. The provisions of this chapter are intended to:
A. Provide areas in which a wide variety and complexity of industrial and manufacturing uses may function safely, efficiently, and harmoniously;
B. Regulate, with both general and specific development standards, a high level of site development and operational performance with due consideration to creating a quality industrial environment, enhancing views from main transportation routes, and protecting existing and future adjacent land uses.
C. Preserve the city’s industrial base and protect industrial and improvements from encroachment of incompatible uses more properly located in other zoning districts. (Ord. No. 2020-021, § 1, 8-3-20)
24.264.020 Uses permitted.
The following use types are permitted subject to the provisions of this chapter:
A. Residential.
None.
B. General.
Administrative, Business, and Professional Services.
Animal Sales and Services: Veterinary.
Automotive and Accessories: Automotive Sales, Wholesale.
Automotive and Accessories: Parking.
Boating and Harbor Activities: Boat Building or Repair.
Business and Professional Support.
Construction Sales and Services: Building Contractor Yards.
Cultural and Library Services.
Dining Establishments: Ancillary Service.
Dining Establishments: Fast Counter Service.
Dining Establishments: Full Service.
Dining Establishments: Take Out.
Education Services: Commercial.
Firearm and Ammunition Sales.
Food and Fish Processing: Fish and Meat Processing.
Food and Fish Processing: Food Processing.
Government Services.
Laundry Services.
Light Industrial.
Medical Services: Consulting.
Medical Services: Mobile Equipment.
Personal Storage.
Property Maintenance Services.
Recreation Services: Public Park and Playgrounds.
Recycling Services: Consumer Recycling Collection Points.
Repair Services, Appliance and Electronics.
Research or Laboratory Services.
Retail Sales.
Safety Services.
Utility or Equipment Substations.
Wholesaling and Distribution.
Wireless Telecommunications Facilities: Mini.
Wireless Telecommunications Facilities: Minor.
C. Agricultural.
None. (Ord. No. 2020-021, § 1, 8-3-20)
24.264.030 Uses – Subject to a use permit.
The following use types may be permitted subject to the provisions of this chapter; and further provided, that a use permit is approved pursuant to Chapter 24.520:
A. Residential.
Family Residential: Caretaker.
B. General.
Animal Boarding.
Animal Sales and Services: Grooming and Pet Stores.
Animal Sales and Services: Veterinary.
Automotive and Accessories: Automotive Repairs, Systems.
Automotive and Accessories: Cleaning.
Automotive and Accessories: Gasoline Sales.
Automotive and Accessories: Operable Vehicle Storage.
Community Meeting.
Day Care Centers.
Day Services Facility.
Education Services: General Group Care.
Hazardous Waste Facility.
Helicopter Landing Services.
Oil Equipment Services: Heavy.
Oil Equipment Services: Light.
Recreation Services: Indoor Sports and Recreation.
Recycling Services: Recycling Transfer Transportation Services.
C. Agricultural.
None. (Ord. No. 2020-021, § 1, 8-3-20; Ord. No. 2021-017, § 28, 12-13-21)
24.264.035 Uses – Subject to a director’s permit.
The following use types may be permitted, subject to the provisions of this chapter; and further provided, that a director’s permit is approved pursuant to Chapter 24.505:
A. Residential.
None.
B. General.
Farmers’ Market, Certified.
Thrift Stores.
C. Agricultural.
None. (Ord. No. 2020-021, § 1, 8-3-20)
24.264.040 Uses – Incidental.
Incidental uses as defined in Chapter 24.110 may be permitted. (Ord. No. 2020-021, § 1, 8-3-20)
24.264.050 Uses – Special provisions.
Uses listed in Sections 24.264.020 through 24.264.040 are also subject to the following special provisions:
A. Design Review. Design review approval must be obtained to the extent required by Chapter 24.545.
B. Planned Development Permit. Approval of a planned development permit pursuant to Chapter 24.525, or amendment pursuant to Chapter 24.570, is required prior to initiation of a use on an undeveloped site, or prior to any construction of new structures or additions or alterations to existing structures in conjunction with, or in any way related to, the use types listed in Sections 24.264.020 and 24.264.030 except for the Recycling Services: Consumer Recycling Collection Points and Wireless Telecommunications Facilities: Mini and Minor use types.
C. Temporary Uses. Temporary uses may be conducted only to the extent permitted by Chapter 24.120.
D. Family Residential: Caretaker. Caretaker’s residences must comply with the provisions of Chapter 24.435.
E. Group Care. All Group Care uses must comply with the provisions of Chapter 24.435.
F. Dining Establishments: Fast Service, Drive-Up. All Dining Establishments: Fast Service, Drive-Up uses must comply with the provisions of Chapter 24.475.
G. Assembly Uses. All assembly uses must comply with the provisions of Chapter 24.480.
H. Recycling Services. Uses classified in the Recycling Services: Consumer Recycling Collection Points and Recycling Services: Recycling Transfer use types must comply with the provisions of Chapter 24.485.
I. Hazardous Waste Facility. All uses classified within the Hazardous Waste Facility use type must comply with the provisions of Chapter 24.495.
J. Wireless Telecommunications Facilities: Minor. Uses classified within the Wireless Telecommunications Facilities: Minor use type shall require a director’s permit pursuant to Chapter 24.505.
K. Firearm and Ammunition Sales. All uses, as defined by Section 24.115.3175, shall comply with Chapter 24.494.
L. Animal Boarding. All animal boarding related activities must occur within an enclosed building, except for transporting animals to and from vehicles. An operational plan to address storage of food and disposal of waste products must be submitted with the business license application.
M. Animal Veterinary. All animal veterinary related activities must occur within an enclosed building, except that use of a trailer for medical resonance imaging (MRI) purposes may be allowed subject to a use permit. (Ord. No. 2020-021, § 1, 8-3-20; Ord. No. 2021-017, § 28, 12-13-21)
24.264.060 Standards – Density.
A. Lot Area. Each lot in this zone shall have a minimum area of 21,780 square feet.
B. Lot Width. Each lot in this zone shall have a minimum average width of 125 feet.
C. Lot Coverage. Not more than 50 percent of any lot in this zone shall be occupied by buildings or structures. (Ord. No. 2020-021, § 1, 8-3-20)
24.264.070 Standards – Height.
A. Height Determination. The height of buildings and other structures in the M-P-D zone shall be determined in accordance with Section 24.405.040.
B. Maximum Number of Stories. Buildings and other structures in the M-P-D zone shall not exceed six stories.
C. Maximum Height. Regardless of the number of stories comprising a building or structure, no portion of a building or other structure in the M-P-D zone shall exceed 75 feet in height except as provided in Section 24.405.030. (Ord. No. 2020-021, § 1, 8-3-20)
24.264.080 Standards – Yards.
Fences, walls, and other uses of yards in the M-P-D zone shall comply with the yard requirements contained in Chapter 24.410. (Ord. No. 2020-021, § 1, 8-3-20)
24.264.090 Standards – Setbacks.
Buildings and other structures, not including fences or walls, on a lot in the M-P-D zone shall comply with the following setback requirements:
A. Front Setbacks. Each lot in this zone shall have a front setback of not less than 20 feet.
B. Side Setbacks. Each lot in this zone shall have side setbacks as set forth in this subsection B:
1. For interior lots, there shall be a side setback of not less than 10 feet.
2. For corner lots, there shall be a side setback of not less than 20 feet on the street side property line and not less than 10 feet on each interior side.
C. Rear Setbacks. Each lot in this zone shall have a rear setback of not less than 20 feet. (Ord. No. 2020-021, § 1, 8-3-20)
24.264.100 Standards – Other.
The following development regulations and standards shall also apply within the M-P-D zone:
A. Parking. Off-street parking shall be provided for all uses as required by Chapter 24.415.
B. Signs. All signs must comply with the provisions of Chapter 24.420.
C. Coastal Development. All development within the CP overlay zone must comply with the provisions of Chapters 24.310 and 24.515.
D. Floodplain Overlay Zones. All development within a designated floodplain (FP) overlay zone must comply with the provisions of Chapters 24.320 and 24.530.
E. Access. All lots in this zone shall have frontage on a public street. No lots having vehicular access provided solely by access easements shall be permitted.
F. Landscaping. A minimum of 15 percent of the area for which a planned development permit has been issued shall be landscaped.
G. Open Storage. Open storage areas shall be permitted only in those areas within the M-P-D zone which have been specifically identified as suitable for open storage uses by the decision-making authority, and only when incidental to a permitted use; provided, that:
1. There shall be no open storage of any kind permitted in any front yard or street side yard;
2. The site location of any incidental open storage shall be specifically designated and approved by the decision-making authority as a condition of a planned development permit; and
3. All open storage areas shall be paved and completely enclosed by a solid fence or wall of no less than six feet in height, and no storage materials of any kind shall extend above said enclosure.
H. Retail Activities. The total floor area of a use, other than uses within the Business and Professional Support use type, that is devoted to retail activities shall not exceed 35 percent of the gross floor area of any establishment nor shall retail activities occupy more than 20 percent of the gross floor area of any building or other structure on a particular site.
I. Displays for Uses in the Automotive and Accessories Use Types Category. Outdoor display of merchandise in conjunction with uses classified within the Automotive and Accessories: Gasoline Sales and Automotive and Accessories: Automotive Repairs, Systems use types may be permitted; provided, that all the following standards are met:
1. Lubricating Materials. Not more than one day’s supply of lubricating materials, computed on the basis of average daily sales, may be placed upon the pump island or within two feet of the pump island or primary building. All such lubricating materials must be displayed in appropriate racks.
2. Tire Display. Not more than two enclosed tire storage or display cabinets are permitted. In lieu of tire cabinets, not more than four individual new tires in appropriate open racks or stands may be displayed; provided, that such racks or stands are located within two feet of the perimeter of the pump island or primary building.
3. Vending Machines. Vending machines, including, but not limited to, soft drink dispensers or cigarette or candy vending machines, may be displayed within two feet of the perimeter of the primary building. Not more than four such machines are permitted.
J. Domestic Animals. Domestic animals are permitted provided there are no more than four adult animals per establishment.
K. Livestock Animals. Livestock animals are not permitted in the M-P-D zone.
L. Wild Animals. Wild animals are not permitted in the M-P-D zone.
M. Performance Standards. All development shall comply with the performance standards set forth in Chapter 24.470.
N. Oil Drilling. All oil drilling shall comply with the provisions of Chapter 24.375.
O. Emergency Shelter Overlay Zone. All uses classified as an Emergency Shelter, With Full Supportive Services, within a designated shelter overlay zone must comply with the provisions of Chapters 24.318 and 24.437. (Ord. No. 2020-021, § 1, 8-3-20)
24.264.110 Nonconformance.
All nonconforming uses, nonconforming structures, and nonconforming lots are subject to the provisions of Chapter 24.465. (Ord. No. 2020-021, § 1, 8-3-20)
24.270.010 Chapter description.
This chapter establishes the A agricultural zone and prescribes use types and other regulations for this zone. Any applicable overlay zones described in Chapters 24.300 through 24.399 may impose regulations in addition to those prescribed by this chapter for the A zone. The provisions of this chapter are intended to:
A. Permit and encourage agricultural use and related open land uses which are an important economic asset to the city;
B. Preserve lands best suited for agricultural activities from the encroachment of incompatible uses;
C. Prevent the intrusion of urban development into agricultural areas in such a manner as to make agricultural production uneconomical or impractical;
D. Preserve in agricultural use or in essentially open land uses land suited for eventual development in other uses until such time as streets, utilities and other community facilities may be provided or programmed, to ensure the orderly and beneficial conversion of these lands to an urban use;
E. Provide appropriate areas for certain open uses of land which are not injurious to agricultural uses, but which may not be harmonious with urban uses; and
F. Establish a district for agricultural and open land uses which promotes the public interest by encouraging, preserving, and protecting such uses. (Code 1971, § 15.270.010)
24.270.020 Uses – Permitted.
The following use types are permitted subject to the provisions of this chapter:
A. Residential.
Family Residential: Single-Family.
Farm Employee Housing.
B. General.
Recreation Services: Public Parks and Playgrounds.
Wireless Telecommunications Facilities: Mini.
Wireless Telecommunications Facilities: Minor.
C. Agricultural.
Animal Husbandry.
Apiculture.
Crop Production.
Horticulture: Cultivation.
Horticulture: Storage.
Produce Sales. (Code 1971, § 15.270.020; Ord. No. 2000-04, § 52, 1-24-00; Ord. No. 2012-017, § 10, 9-10-12)
24.270.030 Uses – Subject to a use permit.
The following use types may be permitted subject to the provisions of this chapter; and further provided, that a use permit is approved pursuant to Chapter 24.520:
A. Residential.
Family Residential: Caretaker.
B. General.
Safety Services.
Utility or Equipment Substations.
Wireless Telecommunications Facilities: Major.
C. Agricultural.
Indoor Production. (Code 1971, § 15.270.030; Ord. No. 2000-04, § 53, 1-24-00; Ord. No. 2012-017, § 12, 9-10-12)
24.270.040 Uses – Incidental.
Incidental uses as defined in Chapter 24.110 may be permitted. (Code 1971, § 15.270.030)
24.270.050 Uses – Special provisions.
Uses listed in Sections 24.270.020 through 24.270.040 must also comply with the following special provisions:
A. Design Review. Design review approval must be obtained to the extent required by Chapter 24.545.
B. Temporary Uses. Temporary uses may be conducted only to the extent allowed by Chapter 24.120.
C. Home Occupations. Home occupations may be conducted only to the extent allowed by Chapter 24.125.
D. Factory-Built Homes. Factory-built homes may be used for residential purposes in the same manner as conventional site-built housing subject to the provisions of this chapter.
E. Family Residential: Caretaker. All caretaker’s residences must comply with the provisions of Chapter 24.435.
F. Farm Employee Housing. All farm employee housing uses must comply with the provisions of Chapter 24.435.
G. Domestic Animals. Domestic animals, as defined in Chapter 24.110, are permitted; provided, that no more than six adult animals over the age of four months are permitted per dwelling unit; and further provided, that no more than three adult dogs shall be permitted per dwelling unit.
H. Wild Animals. Wild animals may be permitted in the A zone only if all the following provisions of this subsection H are complied with:
1. The only wild animals that may be permitted are:
a. Chipmunks or squirrels;
b. Turtles;
c. Raccoons;
d. Marmoset, spider or squirrel monkeys;
e. Nonpoisonous snakes;
f. Hawks, falcons or other raptors;
2. No such wild animal may be kept or maintained unless any and all permits required by the California Department of Fish and Game have been approved therefor; and
3. Such wild animals may only be kept and maintained for noncommercial purposes.
I. Apiculture. Apiculture uses may be permitted; provided, that the following standards are met:
1. No occupied hive shall be located or maintained within 150 feet of any lot line, except where such lot lines are in common with other property occupied by an apiculture and honey extraction use.
2. No occupied hive shall be located or maintained within 400 feet of any dwelling unit on any adjacent properties or within 100 feet of any dwelling unit on the same property as that occupied by such use.
J. Animal Husbandry. Animal husbandry uses must comply with all the following provisions:
1. The number of animals being raised for commercial purposes shall not exceed two adult animals and their immature offspring per acre; and
2. No animals shall be kept or maintained on the site for purposes other than raising such animals for commercial use by a person residing at the site or for subsequent sale. Boarding, training, or otherwise keeping any domestic animal not owned by a person residing at the site is prohibited;
3. All corrals, barns, pens, or other similar structures or areas of livestock gathering shall be located at least 100 feet from any lot line, at least 400 feet from any dwelling unit on any adjacent properties, and at least 100 feet from any dwelling unit on the same property, and at least 100 feet from any public park, school, hospital, or similar institution.
K. Livestock Grazing. Grazing of livestock animals is permitted; provided, that all the following standards are met:
1. The principal food supply of such grazing animals shall be growing forage cropped by livestock on the premises;
2. Feeding of garbage or refuse to the grazing animals is prohibited; and
3. Establishment of feed lots of any kind is prohibited.
L. Wireless Telecommunications Facilities: Minor. Uses classified in the Wireless Telecommunications Facilities: Minor use type shall require a director’s permit pursuant to Chapter 24.505. (Code 1971, § 15.270.050; Ord. No. 2000-04, § 54, 1-24-00)
24.270.060 Standards – Density.
The following density standards shall apply in the A zone:
A. Lot Area. Each lot in this zone shall have a minimum area of 40 acres.
B. Lot Width. Each lot in this zone shall have a minimum average width of 200 feet.
C. Lot Coverage. All buildings and structures on the lot shall not occupy more than 50 percent of the lot area. (Code 1971, § 15.270.060)
24.270.070 Standards – Height.
A. Height Determination. The height of buildings and other structures in the A zone shall be determined in accordance with Section 24.405.040.
B. Maximum Height. Regardless of the number of stories comprising a building or structure, no portion of a building or other structure in the A zone shall exceed 35 feet in height except as provided in Section 24.405.030. (Code 1971, § 15.270.070)
24.270.080 Standards – Yards.
Fences, walls, and other uses of yards in the A zone shall comply with the yard requirements contained in Chapter 24.410. (Code 1971, § 15.270.080)
24.270.090 Standards – Setbacks.
No building or other structure, not including fences or walls, nor vehicle parking area, nor farm equipment storage area, on a lot in the A zone shall be located within 50 feet of any lot line, except as permitted in Section 24.435.030. (Code 1971, § 15.270.090; Ord. No. 2012-017, § 13, 9-10-12)
24.270.100 Standards – Other.
The following development regulations and standards shall also apply within the A zone:
A. Parking. Off-street parking must be provided for all uses as required by Chapter 24.415.
B. Signs. All signs must comply with the provisions of Chapter 24.420.
C. Coastal Development. All development within the CP overlay zone shall comply with the provisions of Chapters 24.310 and 24.515.
D. Floodplain Overlay Zones. All development within a designated floodplain (FP) overlay zone shall comply with the provisions of Chapters 24.320 and 24.530.
E. Vehicle Repair. Repair of vehicles may be carried out on sites occupied by residential land uses only if all the following conditions are met:
1. The vehicle under repair must be owned by the current resident of the property upon which the repairs are being made.
2. Registration or proof of current ownership of the vehicle being repaired shall be available for inspection on the premises at all times while the vehicle is under repair.
3. Vehicle repairs may be conducted only between the hours of 7:00 a.m. and 10:00 p.m.
4. Repair of a particular vehicle shall be conducted and completed in no more than 30 days.
5. Storage of any vehicle under repair, or storage of parts of a vehicle, upon a public street or alley or upon an unpaved yard area, other than a driveway, is prohibited.
6. Body work on a vehicle is prohibited.
7. Painting of a vehicle or any portion of a vehicle is prohibited. (Code 1971, § 15.270.100)
24.270.110 Nonconformance.
All nonconforming uses, nonconforming structures, and nonconforming lots are subject to the provisions of Chapter 24.465. (Code 1971, § 15.270.110)
24.280.010 Chapter description.
This chapter establishes the H hospital zone and prescribes use types and other regulations for this zone. Any applicable overlay zones described in Chapters 24.300 through 24.399 may impose regulations in addition to those for the H zone. (Code 1971, § 15.280.010)
24.280.020 Uses – Permitted.
The following use types are permitted subject to the provisions of this chapter:
A. Residential.
None.
B. General.
Automotive and Accessories: Parking.
Community Meeting.
Day Care Centers.
Government Services.
Medical Services: Consulting.
Medical Services: Medical Care.
Medical Care: Mobile Equipment.
Recreation Services: Public Parks and Playgrounds.
Recycling Services: Consumer Recycling Collection Points.
Safety Services.
Utility or Equipment Substations.
Wireless Telecommunications Facilities: Mini.
Wireless Telecommunications Facilities: Minor.
Wireless Telecommunications Facilities: Major.
C. Agricultural.
None. (Code 1971, § 15.280.020; Ord. No. 2000-04, § 55, 1-24-00)
24.280.030 Uses – Subject to use permit.
The following use types may be permitted subject to the provisions of this chapter; and further provided, that a use permit is approved pursuant to Chapter 24.520:
A. Residential.
None.
B. General.
Day Services Facility.
Group Care.
Helicopter Landing Services.
Recreation Services: Indoor Sports and Recreation.
Transportation Services.
C. Agricultural.
None. (Code 1971, § 15.280.030; Ord. No. 2011-010, § 24, 8-1-11; Ord. No. 2017-008, § 17, 4-17-17)
24.280.040 Uses – Incidental.
Incidental uses as defined in Chapter 24.110 may be permitted. (Code 1971, § 15.280.040)
24.280.050 Uses – Special provisions.
Uses listed in Sections 24.280.020 through 24.280.040 must also comply with the following special provisions:
A. Design Review. Design review approval must be obtained to the extent required by Chapter 24.545.
B. Planned Development Permit. Approval of a planned development permit pursuant to Chapter 24.525, or amendment pursuant to Chapter 24.570, is required prior to initiation of a use on an undeveloped site, or prior to any construction of new structures or additions or alterations to existing structures in conjunction with, or in any way related to, the use types listed in Sections 24.280.020 and 24.280.030 except for jetties, breakwaters and other harbor components, the recycling services: consumer recycling collection points, group care and wireless telecommunications facilities: mini and minor use types.
C. Temporary Uses. Temporary uses may be conducted only to the extent allowed by Chapter 24.120.
D. Group Care. Group Care uses must also comply with the provisions of Chapter 24.435.
E. Wireless Telecommunications Facilities: Minor. Uses classified in the Wireless Telecommunications Facilities: Minor use type shall require a director’s permit pursuant to Chapter 24.505.
F. Emergency Shelter. Emergency shelters must comply with the provisions of Chapter 24.437. (Code 1971, § 15.280.050; Ord. No. 2000-04, § 56, 1-24-00; Ord. No. 2011-010, § 25, 8-1-11; Ord. No. 2021-017, § 29, 12-13-21)
24.280.060 Standards – Density.
There shall be no general minimum lot area, minimum lot width, or maximum lot coverage standards for the H zone; provided, that the decision-making authority may specify such standards for a particular site as a condition of approval of a planned development permit, or amendment thereto, pursuant to Chapter 24.525. (Code 1971, § 15.280.050)
24.280.070 Standards – Height.
A. Height Determination. The height of buildings and other structures in the H zone shall be determined in accordance with Section 24.405.040.
B. Maximum Number of Stories. Buildings and other structures in the H zone shall not exceed three stories in height.
C. Maximum Height. Regardless of the number of stories comprising a building or structure, no portion of a building or other structure in the H zone shall exceed 45 feet in height except as provided in Section 24.405.030. (Code 1971, § 15.280.070)
24.280.080 Standards – Yards.
Fences, walls, and other uses of yards in the H zone shall comply with the yard requirements contained in Chapter 24.410. (Code 1971, § 15.280.070)
24.280.090 Standards – Setbacks.
Buildings and other structures, not including fences or walls, on a lot in the H zone shall comply with the following setback requirements:
A. Front Setbacks. Each lot in this zone shall have a required front setback of not less than 20 percent of the lot depth, but such front setback need not exceed 20 feet.
B. Side Setbacks. Each lot in this zone shall have side setbacks as set forth in this subsection B:
1. For interior lots, there shall be a side setback on each side of the lot of not less than 10 percent of the width of said lot; provided, that such side setback need not exceed five feet and shall not be less than three feet in width;
2. For corner lots or reversed corner lots, the side setback required for each interior side shall be as set forth in subsection (B)(1) of this section for interior lots and the side setback required for each street side of each such lot shall not be less than 10 feet.
C. Rear Setbacks. Each lot in this zone shall have a required rear setback of not less than 25 feet. (Code 1971, § 15.280.090)
24.280.100 Standards – Other.
The following development regulations and standards shall also apply within this zone:
A. Parking. Off-street parking must be provided as required by the provisions of Chapter 24.415.
B. Signs. All signs must comply with the provisions of Chapter 24.420.
C. Coastal Development. All development within the CP overlay zone must comply with the provisions of Chapters 24.310 and 24.515.
D. Floodplain Overlay Zones. All development within a designated floodplain (FP) overlay zone must comply with the provisions of Chapters 24.320 and 24.530.
E. Open Storage. Open storage is not permitted in the H zone.
F. Livestock Animals. Livestock animals are not permitted in the H zone.
G. Wild Animals. Wild animals are not permitted in the H zone. (Code 1971, § 15.280.100)
24.280.110 Nonconformance.
All nonconforming uses, nonconforming structures, and nonconforming lots are subject to the provisions of Chapter 24.465. (Code 1971, § 15.280.110)
24.290.010 Chapter description.
This chapter establishes the P parks zone and prescribes use types and other regulations for this zone. Any applicable overlay zones described in Chapters 24.300 through 24.399 may impose regulations in addition to those prescribed by this chapter for the P zone. (Code 1971, § 15.290.010)
24.290.020 Uses – Permitted.
The following use types are permitted subject to the provisions of this chapter:
A. Residential.
None.
B. General.
Community Meeting.
Day Care Centers.
Dining Establishments: Fast Counter Service.
Dining Establishments: Full Service.
Dining Establishments: Take Out.
Government Services.
Recreation Services: Indoor Entertainment.
Recreation Services: Indoor Sports and Recreation.
Recreation Services: Public Parks and Playgrounds.
Recycling Services: Consumer Recycling Collection Points.
Safety Services.
Wireless Telecommunications Facilities: Mini.
Wireless Telecommunications Facilities: Minor.
C. Agricultural.
None. (Code 1971, § 15.290.020; Ord. No. 2000-04, § 57, 1-24-00; Ord. No. 2002-05, § 15, 3-18-02)
24.290.030 Uses – Subject to a use permit.
The following use types may be permitted subject to the provisions of this chapter; and further provided, that a use permit is approved pursuant to Chapter 24.520:
A. Residential.
Family Residential: Caretaker.
B. General.
Farmers’ Market, Certified.
Recreation Services: Campgrounds.
Recreation Services: Outdoor Entertainment.
Recreation Services: Outdoor Sports and Recreation.
Utility or Equipment Substations.
Wireless Telecommunications Facilities: Major.
C. Agricultural.
None. (Code 1971, § 15.290.030; Ord. No. 2000-04, § 58, 1-24-00)
24.290.040 Uses – Incidental.
Incidental uses as defined in Chapter 24.110 may be permitted. (Code 1971, § 15.290.040)
24.290.050 Uses – Special provisions.
Use types listed in Sections 24.290.020 through 24.290.040 must also comply with the following special provisions:
A. Design Review. Design review approval must be obtained to the extent required by Chapter 24.545.
B. Temporary Uses. Temporary uses may be conducted in the P zone only to the extent permitted by Chapter 24.120.
C. Family Residential: Caretaker. All caretaker’s residences must comply with the provisions of Chapter 24.435.
D. Recycling Services: Consumer Recycling Collection Points. Uses classified in the Recycling Services: Consumer Recycling Collection Points use type must comply with the provisions of Chapter 24.485.
E. Wireless Telecommunications Facilities: Minor. Uses classified in the Wireless Telecommunications Facilities: Minor use type shall require a director’s permit pursuant to Chapter 24.505. (Code 1971, § 15.290.050; Ord. No. 2000-04, § 59, 1-24-00)
24.290.060 Standards – Density.
There shall be no general minimum lot area, minimum lot width, or maximum lot coverage standards in the P zone; provided, that the decision-making authority may specify such standards for a particular site as a condition of approval of a use permit, or amendment thereto, pursuant to Chapter 24.520. (Code 1971, § 15.290.060)
24.290.070 Standards – Height.
A. Height Determination. The height of buildings and other structures in the P zone shall be determined in accordance with Section 24.405.040.
B. Maximum Height. Regardless of the number of stories comprising a building or structure, no portion of a building or other structure in the P zone shall exceed 30 feet in height except as provided in Section 24.405.030. (Code 1971, § 15.290.070)
24.290.080 Standards – Yards.
Fences, walls, and other uses of yards in the P zone shall comply with the yard requirements contained in Chapter 24.410. (Code 1971, § 15.290.080)
24.290.090 Standards – Setbacks.
Buildings and other structures, not including fences or walls, on a lot in the P zone shall comply with all the following setback requirements:
A. Front Setbacks. Each lot in this zone shall have a required front setback of not less than 20 percent of the lot depth; provided, that such front setback need not exceed 25 feet.
B. Side Setbacks. Each lot in this zone shall have side setbacks as set forth in this subsection B:
1. For interior lots, there shall be a side setback on each side of the lot of not less than 10 percent of the width of said lot; provided, that such side setback need not exceed five feet and shall not be less than three feet in width;
2. For corner lots or reversed corner lots, the side setback required for each interior side shall be as set forth in subsection (B)(1) of this section for interior lots and the side setback required for each street side of each such lot shall not be less than 10 feet.
C. Rear Setbacks. Each lot in this zone shall have a required rear setback of not less than 25 percent of the lot depth, but such rear setback need not exceed 25 feet. (Code 1971, § 15.290.090)
24.290.100 Standards – Other.
The following development regulations and standards shall also apply within the P zone:
A. Parking. Off-street parking shall be provided for all uses as required by Chapter 24.415.
B. Signs. All signs must comply with the provisions of Chapter 24.420.
C. Coastal Development. All development within the CP overlay zone must comply with the provisions of Chapters 24.310 and 24.515.
D. Floodplain Overlay Zones. All development within a designated floodplain (FP) overlay zone must comply with the provisions of Chapters 24.320 and 24.530.
E. Livestock Animals. Livestock animals are not permitted in the P zone.
F. Wild Animals. Wild animals are not permitted in the P zone.
G. Vehicle Repair. Repair of vehicles may be carried out on sites occupied by residential land uses only if all the following conditions are met:
1. The vehicle under repair must be owned by the current resident of the property upon which the repairs are being made.
2. Registration or proof of current ownership of the vehicle being repaired shall be available for inspection on the premises at all times while the vehicle is under repair.
3. Vehicle repairs may be conducted only between the hours of 7:00 a.m. and 10:00 p.m.
4. Repair of a particular vehicle shall be conducted and completed in no more than 30 days.
5. Storage of any vehicle under repair, or storage of parts of a vehicle, upon a public street or alley or upon an unpaved yard area, other than a driveway, is prohibited.
6. Body work on a vehicle is prohibited.
7. Painting of a vehicle or any portion of a vehicle is prohibited. (Code 1971, § 15.290.100)
24.290.110 Nonconformance.
All nonconforming uses, nonconforming structures, and nonconforming lots are subject to the provisions of Chapter 24.465. (Code 1971, § 15.290.110)
24.295.010 Chapter description.
This chapter establishes the CMXD coastal mixed-use zone and prescribes use types and other regulations for this zone. Any applicable overlay zones described in Chapters 24.300 through 24.399 may impose regulations in addition to those prescribed by this chapter for the CMXD zone. The provisions of this chapter are intended to:
A. Provide areas where California Coastal Act priority land uses such as visitor-serving commercial and recreational uses are encouraged and given priority; and
B. Allow residential use in conjunction with or adjacent to visitor-serving commercial and recreational uses in a manner that avoids conflicts between them;
C. Facilitate development that respects the desired pedestrian scale and character of Ventura’s coastal environment by avoiding massive, monolithic structures, and instead encouraging a series of smaller scale buildings fronting publicly accessible walkways, streets, and/or open space(s). (Ord. No. 2006-015, § 11, 9-11-06)
24.295.020 Uses permitted.
A. Residential.
Family Residential: Large Multifamily.
Family Residential: Single-Family.
Family Residential: Small Multifamily.
Family Residential: Two-Family.
Residential Care.
Residential Condominiums.
B. General.
Automotive and Accessories: Parking.
Cultural and Library Services.
Dining Establishments: Ancillary Service.
Dining Establishments: Fast-Service Counter.
Dining Establishments: Full Service.
Dining Establishments: Take Out.
Drinking Establishments.
Farmers’ Market, Certified.
Food and Beverage Retail Sales.
Lodging Services: Bed and Breakfast Inns.
Lodging Services: Hotels and Motels.
Personal Services.
Recreation Services: Indoor Entertainment.
Recreation Services: Indoor Sports and Recreation.
Recreation Services: Outdoor Sports and Recreation.
Recreation Services: Public Parks and Playgrounds.
Recreation Services: Amusement Centers.
Recycling Services: Consumer Recycling Collection Points.
Retail Sales.
Safety Services.
Shopping Centers: Small.
Swap Meets.
Transportation Services.
C. Agricultural.
None. (Ord. No. 2006-015, § 11, 9-11-06)
24.295.030 Uses – Subject to a use permit.
A. Residential.
None.
B. General.
None.
C. Agricultural.
None.
Incidental uses as defined in Chapter 24.110 may be permitted. (Ord. No. 2006-015, § 11, 9-11-06)
24.295.050 Uses – Special provisions.
Uses listed in Sections 24.295.020 through 24.295.040 must also comply with the following special provisions:
A. Design Review. Design review approval must be obtained to the extent required by Chapter 24.545.
B. Coastal Development Permit. Approval of a coastal development permit pursuant to Chapter 24.515, or amendment pursuant to Chapter 24.570, is required prior to initiation of a use on an undeveloped site, or prior to any construction of new structures or additions or alterations to existing structures in conjunction with, or in any way related to, the use types listed in Sections 24.295.020 and 24.295.030.
In addition to the findings required by Section 24.515.070(C), the decision-making authority must also find that: (1) all reasonably foreseeable conflicts between residential and commercial uses, both on and off site, have been minimized, by physical design solutions and/or use limitations; and (2) adequate commercial floor area for visitor-serving commercial and/or coastal recreation uses, consistent with the provisions of this chapter, has been provided.
C. Temporary Uses. Temporary uses may be conducted in the CMXD zone to the extent permitted by Chapter 24.120.
D. Domestic Animals. Domestic animals are permitted provided there are no more than four adult animals per establishment; and further provided, that no more than one adult dog shall be permitted per establishment.
E. Livestock Animals. Livestock animals are not permitted in the CMXD zone.
F. Wild Animals. Wild animals are not permitted in the CMXD zone.
G. Recycling Services: Consumer Recycling Collection Points. Uses classified in the Recycling Services: Consumer Recycling Collection Point use type must comply with the provisions of Chapter 24.485. (Ord. No. 2006-015, § 11, 9-11-06; Ord. No. 2021-017, § 30, 12-13-21)
24.295.060 Standards – Density.
A. Lot Area or Lot Width. There shall be no general minimum lot area or lot width standards for the CMXD zone. However, the desired pedestrian scale and character of Ventura’s coastal environment requires that new project development not appear as massive, monolithic structures, but instead as a series of smaller scale buildings fronting publicly accessible walkways, streets, and/or open space(s). Larger projects should be designed as carefully conceived groups of separate structures, that each contribute to an attractive streetscape and the overall quality of the coastal environment. Because of this, sites exceeding 200 feet in width shall be subdivided, through either nominal or real lot lines, to provide individual lots or, in the case of nominal lots, individual building sites. When creating the nominal or real lot lines, the following shall be required:
1. Internal public streets, alleys, or walkways that connect with off-site streets to create a series of smaller, walkable blocks. No gates shall be allowed across public walkways, alleys, or streets;
2. Public open space(s) such as a plaza, square, courtyard, promenade, park, and/or passive recreation area for pedestrians encompassing an area no less than 20 percent of the total area of the parcel. Where a project encompasses two or more parcels, the parcels may be considered as one parcel for the purposes of locating and determining the area of the public open space(s). Public streets that meet the following criteria may be considered public open spaces, in which case they shall be subject to all requirements of this chapter regarding public open spaces, including the requirement that they be fronted by general use types. The public open space(s) shall be accessible and visible from adjacent public streets, as depicted on the approved local coastal program circulation plan, and shall be identified by directional signage prominently displayed along such streets. The public open space(s) (other than promenades and public streets that are considered public open spaces) shall front internal public streets. Public open spaces shall welcome the public through signage, design, and, as appropriate, public amenities that distinguish these spaces from adjacent residential areas;
3. General use types, as identified in Section 24.295.020, at the ground level of buildings fronting the required public open space(s) listed above in subsection (A)(2) of this section; building frontage types of forecourt, storefront, gallery and arcade should be used for the ground-level of buildings fronting the required public open space(s);
4. Adjacent properties held in the same ownership shall be jointly developed in order to assure the land use plan’s objective to “obtain a mixture of visitor-serving commercial uses and residential uses in a manner that provides sufficient floor area for commerce and conflict avoidance between each use” is achieved.
In addition, the following should be considered:
5. Maximum on-street parking opportunities through a minimization of driveway curb cuts;
6. Service alleys within the new block(s);
7. Multiple buildings and building types, as generally described by Section 24.295.110, on the site, with their entrances on bordering streets;
8. Each proposed lot or building site should not exceed one acre;
9. Each proposed lot frontage shall not exceed a maximum width of 180 feet;
10. No more than 30 percent of dwelling units on the overall site may be stacked flats.
An application for development on a site exceeding 200 feet in lot width shall include a regulating plan consisting of (a) diagram(s) illustrating: (1) nominal and/or real lot lines; (2) introduced streets and/or alleys; (3) public open space(s); (4) building sites; (5) building fronts and backs; (6) coastal access parking; and (7) dwelling unit and commercial business access points. Regardless of whether a nominal or real subdivision is proposed, the decision-making authority may specify minimum lot width or lot area standards for a particular site as a condition of approval of a coastal development permit, or amendment thereto, pursuant to Chapter 24.525.
B. Lot Coverage. There shall be no general maximum lot coverage for structures in the CMXD zone.
C. Density per Gross Acre. The average number of units per gross acre in the CMXD zone shall not exceed 30 units per gross acre. (Ord. No. 2006-015, § 11, 9-11-06; Ord. No. 2021-017, § 30, 12-13-21)
24.295.070 Standards – Height.
A. Height Determination. The height of buildings and other structures in the CMXD zone shall be determined in accordance with Section 24.405.040.
B. Maximum Height. Regardless of the number of stories comprising a building or structure, no portion of a building or other structure in the CMXD zone shall exceed 35 feet in height above that specified in Section 24.405.040 and except as provided in Section 24.405.030. (Ord. No. 2006-015, § 11, 9-11-06)
24.295.080 Standards – Yards.
Fences, walls, and other uses of yards in the CMXD zone shall comply with the yard regulations set forth in Chapter 24.410. (Ord. No. 2006-015, § 11, 9-11-06)
24.295.090 Standards – Building setbacks.
Buildings and other structures not used for parking, not including fences or walls, on a lot in the CMXD zone shall comply with the following setback requirements:
A. Street Setbacks. Zero feet minimum ground floor commercial/five feet minimum ground floor residential.
B. Side Street Setbacks. Same as street setbacks.
C. Rear Setbacks. Five feet minimum (with alley)/15 feet minimum (no alley). (Ord. No. 2006-015, § 11, 9-11-06)
24.295.100 Standards – Parking setbacks.
On-site parking, whether located in a structure or not and unless located underground, shall be placed within the rear 50 percent of each lot. However, no setback shall be required for coastal access parking spaces required by Section 24.295.130(A)(2). (Ord. No. 2006-015, § 11, 9-11-06)
24.295.110 Standards – Building types.
Development within the CMXD zone should respect the desired pedestrian scale and character of Ventura’s coastal environment. New project development should not appear as massive, monolithic structures, but instead as a series of smaller scale buildings. When assessing the merits of an application’s ability to fulfill this objective, the decision-making authority should consider the use of building types generally described as follows:
A. Front Yard House. A detached building designed as a residence for one household. The primary entrance is accessed from the fronting street sidewalk.
B. Side Yard House. A detached building designed as a residence for one household. A side yard house is flanked by a side yard of a width comparable to the required front yard. The entrance of the side yard house is accessed via a walkway along one side of the lot.
C. Duplex, Triplex and Quadplex. A large house containing two, three or four dwelling units, respectively. Each unit is individually accessed from the street.
D. Rowhouse. Two or more attached two- or three-story dwellings with zero lot line side setbacks. The main entrance to each unit is accessed directly from and faces the street.
E. Live/Work. An integrated housing unit and working space, occupied and utilized by a single household in a structure, either single-family or multifamily, that has been designed or structurally modified to accommodate joint residential occupancy and work activity. The main entrance to the ground floor flex space is accessed directly from and faces the street. The upstairs dwelling is accessed by a separate entrance and by a stair. There is also an internal connection between the live and the work portions of each unit. The work activity shall be limited to general use types specified in Section 24.295.020.
F. Side Yard Housing. A building or group of buildings containing dwelling units that are arranged on the site in a row with the first unit facing the street. The primary entrance to each unit is from the side yard or, in the case of units facing the street, the front yard. Access to no more than three second-story dwellings occurs through an open or roofed stair.
G. Courtyard Housing. A group of dwelling units arranged to share one or more common courtyards, where the individual units are townhouses, flats, or flats located over or under flats or townhouses. The courtyard is intended to be a semipublic space that is an extension of the public realm. Each ground floor dwelling is accessed directly off of a courtyard or directly from the street. Access to no more than three second-story dwellings occurs through an open or roofed stair. Access to dwellings at the fourth story level occurs through single loaded corridors.
H. Stacked Dwellings. A single-floor dwelling unit in a structure with other dwelling units of similar configuration either above or below. The building entrance is through a street level lobby. Access to ground floor dwellings facing a street occurs from the street and secondary access occurs through an elevator and corridor.
I. Commercial Block. A building designed for occupancy by retail, service, and/or office uses on the ground floor, with upper floors also configured for those uses or for dwelling units. The main entrance to each ground floor shop or dwelling occurs directly from the street. Entrance to residential portions of the building occurs through a street level lobby, elevator and corridor. (Ord. No. 2006-015, § 11, 9-11-06; Ord. No. 2021-017, § 30, 12-13-21)
24.295.120 Standards – Access and frontage.
Buildings and their accompanying entrances should front public spaces such as a street and/or courtyard. Access needs differ by intended building function and relationship to such public spaces. The decision-making authority shall, when reviewing a project, consider access through the use of the following frontage types:
A. Door Yard. A facade is set back from the frontage line with an elevated garden or terrace. This type can effectively buffer residential quarters from the sidewalk, while removing the private yard from public encroachment. The terrace is also suitable for restaurants and cafes as the eye of the sitter is level with that of the standing passerby.
B. Forecourt. The facade is aligned close to the frontage line with a portion of it set back. The resulting forecourt is suitable for gardens, vehicular drop offs, and utility off-loading. This type should be used sparingly and in conjunction with the stoops and shop fronts. A fence or wall at the property line may be used to define the private space of the yard. The court may also be raised from the sidewalk, creating a small retaining wall at the property line with entry steps to the court.
C. Porch. A facade is set back from the frontage line with an encroaching porch appended to the facade. A great variety of porches designs are possible, but to be useful, none should be less than eight feet deep and 12 feet wide. A fence or wall at the property line may be used to define the private space of the yard. The front yard may also be raised from the sidewalk, creating a small retaining wall at the property line with entry steps to the yard.
D. Stoop. The facade is placed close to the frontage line with the ground story elevated from the sidewalk, securing privacy for the windows. This type is suitable for ground floor residential uses at short setbacks. This type may be interspersed with the shop front. A porch may also cover the stoop.
E. Storefront. The facade is placed at or close to the right-of-way line, with the entrance at sidewalk grade. This type is conventional for retail frontage. It is commonly equipped with cantilevered shed roof or awning. The absence of a raised ground floor story precludes residential use on the ground floor facing the street, although this use is appropriate behind and above.
F. Gallery. The facade of a building with an attached colonnade. Balconies may overlap the sidewalk while the ground floor remains set at the lot line. This type is ideal for retail use, but only when the sidewalk is fully absorbed within the arcade so that a pedestrian cannot bypass it. An easement for private use of the right-of-way may be required. To be useful, the arcade should be no less than eight feet wide clear in all directions.
G. Arcade. Arcades are facades with an attached colonnade that is covered by upper stories. Arcades must be designed according to the following provisions: (1) arcades should be no less than 10 feet wide in all directions; (2) along primary retail frontages, the arcade shall correspond to storefront openings; and (3) primary storefront openings should be at least 65 percent of the first floor wall area and not have opaque or reflective glazing. (Ord. No. 2006-015, § 11, 9-11-06; Ord. No. 2021-017, § 30, 12-13-21)
24.295.130 Standards – Other.
The following development regulations and standards shall also apply within the CMXD zone:
A. Parking. Off-street parking shall be provided for all uses as may be required by Chapter 24.415 or 24.345 with two exceptions:
1. If a dwelling unit is designed as a combined live/work space, incorporating both a residential use type and a general use type, the off-street parking space requirement shall be calculated based solely on the parking requirement for the applicable general use type existing or proposed at the site and no additional parking for the residential use type shall be required, but only if the following standards are met:
a. The living space shall be contiguous with and made an integral part of the work space, with direct access between the living and working areas to be provided and maintained at all times. If the living space is not contiguous and integral with the work space and the required direct access is not provided, the off-street parking space requirement shall be based on the general use type and residential use type requirements combined, unless an administrative variance is obtained in accordance with Chapter 24.535.
b. Living and working areas within one live/work space shall not be rented separately. The coastal development permit required by Section 24.295.050 shall contain a condition to implement this requirement in relationship to a particular application.
c. All regulations, requirements, and conditions of the city’s building and safety division and fire department shall be met.
2. A number equal to 10 percent of the total number of parking spaces otherwise required for an entire project site shall be made available for exclusive use for public parking for coastal access. Such parking shall be aggregated in either a: (a) surface parking lot; or (b) parking garage with directional signage to such spaces. Prominent signage within the public right-of-way shall be installed for coastal parking spaces. No variance may be granted to obviate compliance with this requirement.
3. Off-street parking requirements for the seaward parking corridor, as defined in Chapter 24.110, shall not apply to lots zoned CMXD.
4. Covered, secure bicycle parking shall be provided as follows: one bicycle locker per residential unit without attached garage or live/work unit; one public bicycle parking space per 1,500 square feet of commercial space; and one public bicycle parking space per coastal access parking space. Each bicycle parking space shall be at least two and one-half feet wide. At least five feet of space shall be allowed behind each space to allow room to maneuver. Bicycle parking shall be separated from vehicle parking for safety and ease of use. Bicycle racks shall be covered to protect bicycles from rain and sun. Covers shall be located at least seven feet above ground, and may include building awnings. Bicycle racks shall be located in well-lit areas visible from commercial storefronts and public areas. Prominent signage within the public right-of-way shall be installed for public bicycle parking spaces. No variance may be granted to obviate compliance with this requirement.
B. Visitor-Serving Commercial. All ground-level floor area, excluding that used for stairs, elevators, bathrooms or other comparable ancillary building facilities, fronting a public street, as depicted on the approved local coastal program circulation plan, or fronting the public open space(s) required under Section 24.295.060, shall consist of a general use type identified in Section 24.295.020 or a public open space such as a plaza, square, courtyard, promenade, park, or passive recreation area for pedestrians. Public open spaces shall welcome the public through signage, design, and, as appropriate, public amenities that distinguish these spaces from adjacent residential areas. Building frontage types of forecourt, storefront, gallery and arcade should be used for the ground-level floor and general use types addressed by this section.
C. Signs. All signs must comply with the provisions of Chapter 24.420.
D. Coastal Development. All development within the CP overlay zone must comply with the provisions of Chapter 24.515. The requirements of Section 24.310.080 shall not apply to lots zoned CMXD.
E. Open Storage. Open storage of materials and equipment shall be permitted only when incidental to a permitted use on the same lot as that occupied by said use. All areas of a site intended to be used for such open storage shall be shown on the site plan and approved as part of the design review, planned development permit and coastal development permit. (Ord. No. 2006-015, § 11, 9-11-06)
24.295.140 Standards – Nonconformance.
All nonconforming uses, nonconforming structures, and nonconforming lots are subject to the provisions of Chapter 24.465. (Ord. No. 2006-015, § 11, 9-11-06)
24.295.150 Standards – Density review.
Prior to issuance of building permits, floor plans may be reviewed by the director to determine that density standards will not be exceeded. In order to preclude or lessen the possibility that density standards will be exceeded, or that unlawful density increases will occur in the future, no more than one kitchen shall be allowed per dwelling unit. In the density review process, additional changes may be required in the placement of exterior doors, windows, stairways, hallways, utility connections, or other fixtures or architectural features when determined by the director to be necessary or desirable to preclude or lessen the likelihood of unlawful density increases. (Ord. No. 2006-015, § 11, 9-11-06)