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Waterford City Zoning Code

CHAPTER 17

24 C COMMERCIAL DISTRICTS

§ 17.24.010 Specific purposes.

A. 
In addition to the general purposes listed in Chapter 17.04, the specific purposes of commercial districts are to:
1. 
Provide appropriately located areas consistent with the general plan for a full range of office, retail commercial, and service commercial uses needed by residents of, and visitors to, the city and region;
2. 
Strengthen the city's economic base, and provide employment opportunities close to home for residents of the city and surrounding communities;
3. 
Create suitable environments for various types of commercial uses, and protect them from the adverse effects of inharmonious uses;
4. 
Minimize the impact of commercial development on adjacent residential districts;
5. 
Ensure that the appearance and effects of commercial buildings and uses are harmonious with the character of the area in which they are located;
6. 
Provide opportunities for residential development on the site of commercial development or on separate sites in certain commercial districts and promote mixed-use development in appropriate areas of the city;
7. 
Ensure the provision of adequate off-street parking and loading facilities;
8. 
Provide sites for public and semipublic uses needed to complement commercial development or compatible with a commercial environment.
B. 
The additional purposes of each C district are as follows:
1. 
CC Central Commercial District. To provide "downtown" or "central" commercial and "mixed use" sites for businesses serving the daily needs of nearby residential areas while establishing development standards that prevent significant adverse effects on residential uses adjoining a CC district.
2. 
CH Commercial Highway Service District. To provide a "mixed-use" environment along Waterford's main arterial (Highway 132 or Yosemite Boulevard) that can meet the service/commercial needs of the visiting public and provide a landscaped environment for offices of and for residential development that is designed to be compatible with highway service and commercial traffic in the area.
3. 
CG General Commercial District. To provide opportunities for the full range of retail and service businesses deemed suitable for location in Waterford, including businesses not permitted in other commercial districts because they attract heavy vehicular traffic or have certain adverse impacts; and to provide opportunities for certain limited manufacturing uses that have impacts comparable to those of permitted retail and service uses to occupy space not in demand for retailing or services.
4. 
CR Regional Commercial District. To provide regional retail and service opportunities for development along the major north-south transportation corridor of the city so as to serve residents of the city of Waterford and residents of the surrounding areas and communities.
(Ord. 2011-02 §1)

§ 17.24.020 CC, CH, CG and CR districts-Land use regulations.

A. 
Schedule 24-1 below prescribes the land use regulations for commercial districts. The regulations for each district are established by letter designations as follows:
1. 
"P" designates use classifications permitted in commercial districts.
2. 
"L" designates use classifications that are permitted, subject to certain limitations.
3. 
"T" designates use classifications that are permitted to be conducted for a limited period of time and that require a temporary use permit pursuant to Chapter 17.74.
4. 
"AU" designates a use classification permitted in the district but requiring an administrative use permit as provided in Chapter 17.73 due to the nature of the use or the area within which the use is proposed requiring special review/approval procedures.
5. 
"U" designates use classifications that may be permitted upon approval of a conditional use permit, as provided in Chapter 17.75.
6. 
Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading.
7. 
Letters in parentheses in the "Additional Regulations" column refer to the subsections in Section 17.24.040 following the schedule.
B. 
Use classifications are defined in Chapter 17.04. In cases where a proposed use is not included in a use classification, the planning director shall determine whether the proposed use is substantially similar in character to a permitted use classification and in that event shall assign the proposed use to a permitted use classification. Use classifications not listed in Schedule 24-1 below are prohibited. Supplemental use regulations for commercial districts are set forth in Section 17.24.040 below.

§ 17.24.030 CC, CH, CG and CR districts-Use table.

Schedule 24-1 CC, CH, CG & CR Districts Use Tables (see Ch. 17.04, Use Classifications)
Note: — means not permitted
Use Classifications*
CC (D)
CH (D)
CG
CR
Additional Regulations
Residential Use Classifications (see §17.04.030)
 
 
 
 
(D) (L) (M) (R) (W)
Group residential
–
U
U
–
 
Live/work quarters
P
P
AU
AU
 
Multifamily residential
L1
L1
–
L1
 
Residential care limited
–
–
–
P
 
Single-family residential
L10
L10
L10
L10
 
Public and Semipublic Use Classifications (see §17.04.040)
 
 
 
 
(D) (L) (M) (Q) (V)
Clubs and lodges
AU
AU
P
P
 
Cultural institutions
P
P
P
P
 
Day care (general)
L7
L7
–
L7
 
Government offices
P
P
P
P
 
Hospitals
–
U
U
U
 
Park and recreation facilities
AU
AU
AU
P
(B)
Public safety facilities
AU
AU
AU
AU
 
Religious assembly
AU
L9
U
U
(K)
Schools, public or private
U
AU
–
–
(I)
Waste facility
U
U
U
U
(I)
Utilities (minor)
P
P
P
P
 
Commercial Use Classifications (see §17.04.050)
 
 
 
 
(L) (M) (Q) (V)
Ambulance services
–
L6
P
L6
 
Animal sales and services
L8
L8
L8
L8
 
Animal boarding
–
AU
AU
–
 
Animal grooming
AU
AU
P
AU
 
Animal hospitals
–
P
P
–
 
Animals—Retail sales
L8
L8
L8
L8
 
Artists' studios
L5
L5
—
L5
 
Banks and savings and loans with drive-up service
AU
AU
L11
AU
 
Building materials and services
–
AU
P
AU
(U)
Cannabis dispensary
U16
U16
U16
U16
 
Cannabis testing laboratory
U16
U16
U16
U16
 
Catering services
P
P
P
P
 
Commercial filming
AU
AU
AU
AU
 
Commercial recreation and entertainment
L9
L9
L9
L9
 
Game center, billiard parlor
L15
P
—
L15
(B)
Conference and meeting facilities
L13
L14
—
L14
 
Eating and drinking establishments
P
P
P
P
(E)
With wine and beer service
AU
P
P
AU
(E)
With full alcoholic beverage service
U
U
U
U
(I)
With live entertainment
U
U
U
U
(I)
With take-out service
AU
P
P
P
(E) (O)
Drive-up
U
P
P
P
(E) (I)
Truck stop
–
U
–
U
(P)
Food and beverage sales
L2
–
L2
L2
(F)
Funeral and interment services
L4
L3
L4
–
 
Photography studio & photo equipment/supply
P
P
P
P
 
Laboratories
–
P
P
AU
 
Maintenance and repair services
–
L12
L12
–
(U)
Boat sales and services
–
P
P
P
(F) (U)
Nurseries (plant material)
AU
P
P
P
 
Offices, business and professional
P
P
P
P
 
Pawn shops
P
P
P
–
 
Personal improvement services
P
P
P
P
 
Personal services
P
P
P
P
 
Research and development services
AU
AU
P
AU
(R)
Produce markets
AU
P
P
P
(C) (U)
Produce stand
AU
P
P
P
(C) (U)
Retail sales
P
P
P
P
 
Secondhand appliances/clothing
AU
P
P
–
(U)
Self-storage facility
–
U
–
–
 
Vehicle/equipment sales & services
–
AU
AU
AU
(F) (U)
Automobile rentals
AU
P
P
P
(F) (U)
Automobile washing
–
AU
P
AU
 
Service stations
U
AU
U
AU
(F) (I) (P)
Vehicle/equipment repair
–
AU
P
AU
(F) (U)
Vehicle/equipment sales and rentals
–
AU
P
AU
(U)
Visitor accommodations (general)
P
P
–
P
(I) (H)
Bed and breakfast inns
P
P
–
P
(I) (H)
Hotels and motels
P
P
–
P
(I) (H)
Temporary Use Classifications (see §17.04.090)
 
 
 
 
(D) (L) (M) (R)
Animal shows
T
T
T
T
 
Christmas tree sales
T
T
T
T
 
Circuses and carnivals
T
T
T
T
 
Mobile food service
T
T
T
–
(A)
Swap meets
–
T
T
T
 
Commercial filming (limited)
T
T
T
T
 
Accessory Use Classifications (see §17.04.080)
 
 
 
 
(D) (L) (M) (R)
Wireless communications
P
P
P
P
(S)
Alternative energy
P
P
P
P
(T)
Retail sales, outdoor
AU
AU
AU
AU
 
*
See indicated code section with respect to use classification. Uses indicated are a subset of the uses that may occur in this district. Other uses, which are not listed below, may be approved subject to AU procedures provided that they are similar to the indicated uses with respect to impacts on surrounding uses and the stated purpose and intent of commercial "C" district (Sections 17.20.010 and 17.20.020).
1
Not permitted on ground level.
2
A use permit is required for establishments occupying more than one thousand five hundred square feet and for convenience markets. Except as provided below, convenience markets shall not be located within five hundred feet of a site occupied by a public or private school, park or recreational facilities, and no exterior vending machines shall be permitted. A convenience market may be located within five hundred feet of a site occupied by park or recreational facilities if the proposed convenience market is within five hundred feet of an existing retail food and beverage sales establishment. Convenience markets may be operated only between the hours of six a.m. and ten p.m. Longer hours are permitted only if they would not have an adverse effect on neighborhood uses.
3
Only mortuaries allowed, subject to a use permit.
4
Only mortuaries allowed.
5
Planning director administrative permit required only for dance and music studios. If the following conditions are met, the planning director may waive the use permit requirement and approve the use subject to the following:
 
a.
The proposed use is located in an existing structure which is completely enclosed and soundproofed, or is located at least three hundred feet away from the property line of the nearest residential use;
 
b.
The proposed use will not operate prior to seven a.m. Monday through Saturday, or prior to eight a.m. Sunday, or after ten p.m. any day of the week.
6
No repair services are permitted, and an administrative use permit is required.
7
Planning commission use permit required, except that the planning director may approve use permits for large family day care homes caring for seven to twelve children, as defined in Chapter 3.4 of the California Health and Safety Code.
8
Administrative use permit may be issued if the following conditions are met:
 
a.
The proposed use is located in an existing structure which is entirely enclosed, and no outside facilities are proposed.
 
b.
For animal hospitals, or where boarding or overnight care facilities are proposed, the use is located in a soundproofed and air-conditioned facility.
9
Administrative use permit required for facilities holding outdoor events or activities.
10
RS and RM residential uses established prior to June 1, 2011, are allowed to continue to be used as residential units as provided under Chapter 17.63 (Non-Conforming Uses and Structures). New RS- and RM-type residential units created after that date are not permitted.
11
Only automatic teller machines allowed.
12
Use permit required only for equipment rentals and retail sales.
13
Permitted as a secondary use in a building, occupying no more than two thousand five hundred square feet of the building floor area.
14
Permitted as a secondary use in a building occupying no more than two thousand five hundred square feet of the building area. A use permit is required for secondary uses occupying building areas of two thousand five hundred and one to five thousand square feet, or where the use is the primary use of a building.
15
Only game centers with five or fewer games permitted; also see Section 17.40.260, Game centers.
16
Also see Chapter 8.34, Cannabis Regulations.
(Ord. 2011-02 §1; Ord. 2019-08 §4; Ord. 2022-01 §1)

§ 17.24.040 CC, CH, CG and CR districts-Additional use regulations.

A. 
Mobile food service subject to the requirements of Chapter 17.55.
B. 
See Section 17.40.260, Game centers.
C. 
Produce stands and markets as defined and regulated in Chapter 17.56.
D. 
See Chapter 17.42, Mixed Use Compatibility Standards.
E. 
See Section 17.40.190, Eating and drinking establishments with take-out service.
F. 
See Section 17.40.210, Service stations, vehicle/equipment repair, and automobile washing.
G. 
See Section 17.40.150, Nonresidential accessory structures.
H. 
See Section 17.40.130, Swimming pools.
I. 
See Chapters 17.75, Use Permits and 17.76, Variances.
J. 
See Chapter 17.63, Nonconforming Uses and Structures.
K. 
See Section 17.40.180, Religious assembly yard requirements.
L. 
All uses and activities conducted within C districts shall be subject to the provisions of Chapter 17.44 (Performance Standards) unless specifically exempted or modified by the provisions of the C district.
M. 
All development or use activities shall be conducted within C districts in conformance with the regulations set forth in Chapter 17.40 (General Regulations), unless specifically exempted or modified by provisions of the C districts.
N. 
Limited to facilities accessory to commercial retail sales and service, and not exceeding twenty-five percent of the floor area occupied by the principal use.
O. 
See Section 17.40.190, Eating and drinking establishments with take-out service.
P. 
See Section 17.40.210, Service stations, vehicle/equipment repair, and automobile washing.
Q. 
See Chapter 17.44, Performance Standards and Section 17.44.050, Hazardous materials.
R. 
Evaluate a non-commercial project against the following criteria when considering findings for use permits or variances:
1. 
Will the project create substantial conflicts with existing commercial traffic?
2. 
Will the project create excessive glare, noise or vibration from adjacent commercial uses? (Refer to general plan for noise criteria, and Chapter 17.44, Performance Standards.)
3. 
Will the project generate or use hazardous materials or risks that would create health and safety hazards for persons occupying or visiting existing or proposed commercial uses in the area?
4. 
Will the project be located on an arterial street, or located in an area which would create conflicts with commercial traffic in the area?
S. 
See Chapter 17.40, Wireless Communications Facilities.
T. 
See Chapter 17.58, Alternative Energy Systems.
U. 
See Section 17.40.300, Outdoor displays, sales and promotions.
V. 
See Sections 17.52.080 and 17.52.090 (Architectural Review).
(Ord. 2011-02 §1)

§ 17.24.050 CC, CH, CG and CR districts-Property development regulations.

The following schedule prescribes development regulations for the CC, CH, CG, and CR districts. The first five columns prescribe basic requirements for permitted and conditional uses in each district. Letters in parentheses in the "Additional Regulations" column refer to the subsections in Section 17.24.050 following the schedule.
Schedule 24-2 CC, CH, CG, and CR Districts Property Development Regulations
Development
CC
CH
CG
CR
Additional Regulations
Subdivision development
 
 
 
 
(A)
Minimum lot area (sq. ft.)
6,000
6,000
7,500
43,000
(B) (C)
Minimum lot width (ft.)
70
70
60
300
(B) (C)
Minimum yards:
 
 
 
(W) (X)
Front (ft. from curb)
5
10
10
10
(D)
Side (ft. from property line)
0
5
5
5
(D) (E) (F)
Corner side rear (ft.)
5
10
10
10
(D) (E) (F)
Maximum height (ft.) of structures
40
30
30
30
(G) (U)
Maximum lot coverage
80%
60%
75%
75%
 
Maximum nonresidential FAR
1.2
0.8
0.8
0.8
 
Maximum FAR
2.0
1.2
1.2
1.2
 
Minimum site landscaping
10%
10%
10%
10%
(H) (I) (J) (N) (R) (S)
Fences and walls
 
 
 
 
(K) (L) (M) (N) (T)
Off-street parking and loading
See Ch. 17.54
Signs
See Ch. 17.60
Outdoor display, sales & promotions
See §17.40.300
Screening of mechanical equipment
See §17.40.240
Refuse storage areas
See §17.40.250
Underground utilities
See §17.40.310
Performance standards
See Ch. 17.44
Public utilities
See §17.40.060
Open space
(Q)
Planting area
(R)
Nonconforming structures
See Ch. 17.63
(Ord. 2011-02 §1)

§ 17.24.060 CC, CH, CG and CR districts-Additional development regulations.

A. 
All divisions of land on property zoned "C" (commercial) shall conform to the minimum lot area standard of the applicable "C" district; provided, however, that no subdivision shall be approved within a "C" district unless it is part of an approved development plan for the site. Such development plan shall, and related subdivision must be for the purpose of improving the usefulness of the site for commercial type uses. Exemptions to minimum parcel sizes shall apply to parcels created or used for general public purposes, public utility or communication purposes.
B. 
See Section 17.40.090, Development on substandard lots.
C. 
See Section 17.40.230, Development on lots divided by district boundaries.
D. 
See Section 17.40.100, Building projections into yards and courts. Double-frontage lots shall provide front yards on each frontage.
E. 
A ten-foot side or rear yard shall adjoin an R district, and structures shall not intercept a 1:1 or forty-five-degree daylight plane inclined inward from a height of twelve feet above existing grade at the R district boundary line.
-Image-14.tif
Side or Rear Yards
(The diagram is illustrative)
F. 
Visible yards not used for parking shall have a three-foot planting strip adjoining an interior property line within fifty feet of a street property line, providing that such a planting strip is not required for a lot with a single-family dwelling.
-Image-15.tif
Visible Yards
(The diagram is illustrative)
G. 
See Section 17.40.080, Exceptions to height limits.
H. 
See Chapter 17.45, Landscape Standards.
I. 
An average sixty square feet (with a minimum horizontal dimension of six feet) of private open space is required for each dwelling unit where residential uses are allowed in mixed use developments.
J. 
Courts shall be required opposite windows in dwelling units. The minimum width shall be twenty feet opposite a living room window and fourteen feet opposite the window of any other habitable room, and the court shall extend horizontally ten feet in both directions from the vertical centerline of the window. Where no interior side yard is required, the width of the court perpendicular to the property line need not exceed ten feet. A required court shall be open to the sky above the sill of a window requiring the court; provided that eaves may project up to two feet from a wall adjoining a court.
Exceptions: Courts are not required for live/work quarters or for residential units in mixed-use projects.
K. 
The maximum height of a wall or fence or wall shall be eight feet.
L. 
A six-foot solid masonry, wood or concrete wall shall adjoin the property line of the site of a new ground-floor residential use abutting an existing nonresidential use or the property line of a new non-residential use abutting the site of an existing ground-floor residential use. However, no wall shall be required where the portion of the site within ten feet of the property line is occupied by planting area or by a building having no openings except openings opposite a street property line. A wall within fifteen feet of a street property line shall not exceed three feet in height.
-Image-16.tif
Required Walls—Residential Use Abutting Nonresidential Use
(The diagram is illustrative)
M. 
Wall separating residential and nonresidential development should accommodate some form of pedestrian access that will. In no instance shall a wall exceed five hundred linear feet without a break that permits controlled or non-controlled pedestrian access to a commercial district from an adjacent residential district.
N. 
In any C district, a triangular yard adjoining both sides of a driveway crossing a street property line shall have a depth of five feet at the edge of the driveway and a width measured on both sides of the driveway of fifty feet, or the distance to the intercepting property line, whichever is less. At least fifty percent of each yard shall be planting area. Visible yards shall have a three-foot planting strip along interior property lines within fifty feet of a street property line; this strip shall be counted in determining compliance with the fifty percent planting strip requirement.
-Image-17.tif
Driveway Visibility
(The diagram is illustrative)
O. 
Open Space.
1. 
Basic Requirement. Total open space on a site shall be at least two hundred square feet per six thousand square feet of enclosed building sales or service area and per dwelling unit where mixed use is permitted.
2. 
Shared Open Space. Shared open space, provided by non-street side yards, patios and terraces, shall be designed so that a horizontal rectangle inscribed within it has no dimension less than ten feet, shall be open to the sky, and shall not include driveways or parking areas, or area required for front or street side yards.
P. 
Planting Areas.
1. 
Yards Adjoining Streets. All visible portions of a required yard adjoining a street shall be a landscape planting area or hardscaped. That includes parking areas, driveways and walks, as well as areas covered by ornamental gravel, crushed rock or similar materials.
2. 
Interior Yards. In any C districts, at least fifty percent of each required interior side yard and rear yard shall be planting areas having a minimum width of five feet adjoining a side or rear property line; provided, that the width of a required planting area may be reduced to two feet in one side or rear yard adjoining a driveway and an accessory structure may occupy a portion of the planting area in a rear yard.
3. 
Notwithstanding subsection (R)(2) of this section, a continuous planting area having a minimum width of five feet shall adjoin an R district.
Q. 
See Chapters 15.46, Water Efficient Landscaping Standards; 17.45, Landscape Standards; 12.20, Street Trees; 12.30, Tree, Sidewalk Maintenance; and solar access in accordance with Section 17.58.060, Prohibition on casting shadows, and California state law.
R. 
Fences and Walls. The maximum heights of a fence or wall shall be eight feet except within fifteen feet of the front property line abutting a street, where the maximum height shall be four feet. In addition, all fences and walls shall be subject to the driveway and intersection visibility requirements of Chapter 17.62. All fencing materials shall be subject to the requirements of Section 17.62.090, Prohibited fencing.
S. 
See Section 17.40.082, Measurement of height.
T. 
See Section 17.40.180, Religious assembly yard requirements.
U. 
See Section 17.40.320, Grade separation between lots.
V. 
Residential development in a C district shall comply with applicable R development regulations for site area per unit and courts opposite windows.
(Ord. 2011-02 §1)

§ 17.24.070 Review of plans.

Certain projects shall require architectural design review (see Chapter 17.52). All projects shall be subject to standards of review (see Chapter 17.72).
(Ord. 2011-02 §1)