Chapter 18.20
COMMERCIAL-RESIDENTIAL ZONE (C-R)

Sections:

18.20.010    Commercial-residential zone (C-R).

18.20.020    Uses permitted.

18.20.025    Allowed uses subject to site plan review.

18.20.030    Uses permitted subject to a conditional use permit.

18.20.040    Uses prohibited.

18.20.050    Property development standards.

18.20.060    Deleted.

    Prior ordinance history: Ordinances 587, 944 and 1083.

18.20.010 Commercial-residential zone (C-R).

A. The C-R zone is intended to permit multifamily residential uses to be located on lots in this zone either as the sole use or in conjunction with commercial and office uses. (Ord. 1746 § 2 (part), 2013: prior code § 10-3.1001)

18.20.020 Uses permitted.

A. All C-R uses shall be conducted wholly within a totally enclosed building, with the exception of outdoor dining which may be allowed subject to site plan review;

B. The following uses shall be permitted in the C-R zone:

1. Administrative, financial and professional offices;

2. Antique stores;

3. Art galleries;

4. Artist’s and photographer’s studios;

5. Bakery shops;

6. Barber shops and beauty shops;

7. Blueprinting and photostating;

8. Book and stationery stores;

9. Clothing stores;

10. Confectionery and candy stores;

11. Department and furniture stores;

12. Retail dry cleaning shops;

13. Florists and plant shops;

14. Gift shops;

15. Hardware and paint stores;

16. Interior decorating shops;

17. Jewelry stores;

18. Neighborhood markets;

19. Medical and dental offices and clinics;

20. Instructional academies, including music, vocal, dance, and tutoring, but not vocational schools;

21. Pet shops;

22. Private and public parking lots for automobiles;

23. Pharmacies;

24. Post offices;

25. Restaurants, coffee shops, cafeterias and/or tearooms;

26. Shoe repair shops;

27. Shoe stores (retail);

28. Tailor shops;

29. Television, radio and home appliance stores and repairs;

30. Theaters (motion picture or otherwise);

31. Retail commercial uses similar to those set forth in this section;

32. Fortunetelling as defined in Chapter 5.40; and

33. Laboratories, medical and dental;

C. Family day care homes; provided, a large family day care home shall be permitted subject to approval of a home occupation permit pursuant to Chapter 18.56; and

D. Home occupations, subject to the provisions of Chapter 18.56. (Ord. 1746 § 2 (part), 2013: Ord. 1666 § 17, 2005; Ord. 1667 § 17, 2004; Ord. 1517 §§ 8, 9, 1997; prior code § 10-3.1002)

18.20.025 Allowed uses subject to site plan review.

The following uses are allowed subject to site plan review pursuant to the provisions of Chapter 18.44. Site plan reviews pursuant to this section shall be subject to planning commission review and approval:

A. Multifamily residential uses in the C-R zone either as the only use on the parcel or as part of a mixed use development in conjunction with permitted or conditionally permitted uses.

1. New single-family residential structure shall not be allowed as the only use on a parcel, but may be developed in conjunction with multifamily residential development; provided, that it meets the minimum density requirement set forth in Section 18.20.050B.5.

2. Notwithstanding any other provision of this code to the contrary, any single-family residence legally existing on December 31, 2012, shall be allowed to continue as a legal nonconforming use.

a. The nonconforming use shall not be expanded or extended into any other portion of the lot upon which the nonconforming use exists.

b. Notwithstanding any other provision of this code to the contrary, in the case of damage or destruction by fire, explosion, earthquake or other natural disaster, the nonconforming use may be rebuilt to the previously existing square footage immediately prior to the occurrence of such damage; provided, that reconstruction is started within eighteen months from the date of such damage and the reconstruction is diligently pursued to completion.

c. Should a legal nonconforming single-family residence be converted to a nonresidential use, the legal nonconforming status shall terminate;

B. Conversion of a single-family residence to a nonresidential use;

C. Outdoor dining;

D. Accessory uses in commercial parking lots;

E. Transitional housing, subject only to those restrictions that apply to other residential dwellings of the same type in the C-R zone; and

F. Supportive housing, subject only to those restrictions that apply to other residential dwellings of the same type in the C-R zone. (Ord. 1746 § 2 (part), 2013)

18.20.030 Uses permitted subject to a conditional use permit.

The following uses, after a public hearing, may be permitted in accordance with the procedures set forth in Chapter 18.46:

A. Establishments serving alcoholic beverages for consumption on the premises provided the establishment of such a business would not adversely affect the health, safety and general welfare of the community;

B. Lodges and meeting halls;

C. Vocational colleges, such as barber and beauty colleges, modeling schools and medical training and trade schools;

D. Mobile homes certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system, pursuant to Section 18551 of the Health and Safety Code of the state. Further, such mobile homes shall be occupied only as a residential use type and shall be subject to any and all property development standards of the zone;

E. Amusement arcades;

F. Churches and related facilities. Related facilities do not include day care facilities, schools (kindergarten through twelfth grade), and rectories, convents, parsonages or minister’s residences; and

G. Those uses permitted with a conditional use permit, pursuant to Section 18.46.030C. (Ord. 1746 § 2 (part), 2013: Ord. 1737 § 18, 2012; Ord. 1683 § 18, 2006; Urg. Ord. 1682; Ord. 1554 § 1, 1998: prior code § 10-3.1003)

18.20.040 Uses prohibited.

The following uses are deemed to be incompatible with the uses set forth in Sections 18.20.020 and 18.20.030 and are therefore prohibited:

A. Motor vehicle dealerships;

B. Automobile service stations;

C. Car wash facilities;

D. Fast food and drive-in restaurants;

E. Industrial uses;

F. Motels and hotels;

G. Commercial uses other than those specifically listed or provided for in Sections 18.20.020 and 18.20.030;

H. Adult-oriented businesses as defined by Section 18.62.020;

I. It is unlawful to sell, contract to sell, offer to sell, display for the purpose of sale, or permit the sale of any vehicle from a vacant or unimproved lot. “Vehicle,” as used in this subsection, means and includes everything so defined in the Vehicle Code of the state and, in addition, boats;

J. Swap meets;

K. Automobile repair facilities;

L. Any other use not listed in Section 18.20.020 or 18.20.030, except those determined to be similar pursuant to the provisions of Section 18.42.040. (Ord. 1746 § 2 (part), 2013: Ord. 1738 § 8, 2012; Ord. 1666 § 18, 2005; Ord. 1667 § 18, 2004; Ord. 1498 § 4, 1996; Ord. 1483 § 2, 1994; prior code § 10-3.1004)

18.20.050 Property development standards.

A. The following property development standards shall apply to all land and buildings in the C-R zone:

1. Lot Dimensions. Each lot shall have a minimum width at the building line of fifty feet and a minimum lot area of five thousand square feet.

2. Building Height.

a. Properties of less than one-half acre: forty-five feet.

b. Properties one-half acre or greater: fifty-five feet, if there is a multifamily residential component to the development.

3. Stories. Commercial buildings shall be limited to three stories; mixed use or residential buildings may be four stories.

4. There shall be a minimum distance of fifteen feet between main buildings and a minimum of six feet between main buildings and accessory buildings. The provisions of Section 18.42.120 shall not apply to buildings in this zone.

5. Accessory Buildings. One-story accessory buildings may be constructed along the rear and side property line when located in the rear one-third of the lot.

6. Off-Street Parking.

a. Residential. Enclosed parking spaces shall be provided at the rate of one space for every studio and one-bedroom unit and two spaces for every unit which is two or more bedrooms. In addition, guest parking shall be provided at the rate of one-fourth space per unit and all fractional spaces shall be rounded up to a full parking space.

b. Commercial. Parking for the commercial portion of any building shall be required at the rate set forth in Chapter 18.40, but may be satisfied by paying an in-lieu parking fee in accordance with Section 18.40.120. Parking may be reduced to the extent such reduction is justified by a parking demand study submitted by the applicant and approved by the city.

c. Except as specified herein, all other provisions of Chapter 18.40 shall apply.

7. Other Standards. To the extent not otherwise addressed in this chapter, the provisions of Chapter 18.42 shall apply.

8. Signs. The provisions of Chapter 18.58 shall apply.

B. Residential Units.

1. Multiple-family residential uses built as a mixed use shall be restricted to the upper stories in a vertical development or the rear of the property in a horizontal development.

2. The minimum size of residential units shall be as follows:

a. Studio/efficiency/bachelor: four hundred fifty square feet.

b. One bedroom: six hundred square feet.

c. Two bedrooms: eight hundred square feet.

d. Three or more bedrooms: one thousand one hundred square feet.

3. Open Space Requirements. Each residential unit shall have a minimum of one hundred fifty square feet of usable common and private open space:

a. A minimum of fifty square feet per unit shall be outdoor private space with a minimum dimension of four feet in any direction. Private open space shall be accessible directly from the living area of the unit, in the form of a fenced yard, patio, deck, or balcony.

b. A minimum of seventy-five square feet per unit shall be usable common open space with a minimum of twenty feet in any direction. At least fifty square feet shall be outdoor common open space.

c. The remaining twenty-five square feet per unit may be provided as either common or private open space.

4. The maximum residential density shall be thirty-four units per acre.

5. If multifamily residential is the only use on the property:

a. The minimum density shall be twenty-four units per acre;

b. No more than fifty percent of the front yard setback, including driveways, shall be paved or otherwise covered with hardscaped materials. The remaining area shall be permanently landscaped with softscape materials and provided with a permanent irrigation system subject to city approval.

C. The following minimum setback requirements shall apply in the C-R zone:

 

Commercial Only

Vertical Mixed Use

Horizontal Mixed Use

Residential Only

Front – 1st and 2nd floors

0'

0'

0'

5'

3rd and 4th floors

5'

5'

5'

10'

Rear – Adjacent to commercial

5'

5'

5'

5'

Rear – 1st and 2nd floors adjacent to R-3, R-4, or C-R

10'

10'

10'

10'

Rear – 3rd and 4th floors adjacent to R-3, R-4, or C-R

15'

15'

15'

15'; 20' if building is greater than 45'

Side yard – Commercial component

0'

0'

0'

N/A

Side yard – Residential – 1 or 2 story building

N/A

N/A

5'

5'

Side yard – Residential – 2 story with semisubterranean parking or 3+ stories

N/A

N/A

10'

10'

Side yard residential – Corner lot – Regardless of stories

N/A

N/A

10'

10'

Side yard – Building fronts on a side yard of R-3, R-4, or C-R property regardless of height

N/A

N/A

10'

10'

(Ord. 1746 § 2 (part), 2013: Ord. 1683 § 19, 2006; Urg. Ord. 1682; prior code § 10-3.1005)

18.20.060 Deleted.

(Ord. 1683 § 20, 2006; Urg. Ord. 1682)