Chapter 17.21


17.21.010    Generally.

17.21.020    Permitted uses.

17.21.030    Conditional uses.

17.21.035    Limitation on allowable uses.

17.21.040    Accessory uses and buildings.

17.21.050    Minimum building site area.

17.21.060    Residential density limitations.

17.21.070    Building height.

17.21.080    Site width.

17.21.090    Open space.

17.21.100    Front yard.

17.21.110    Side yard.

17.21.120    Rear yard.

17.21.130    Special yards.

17.21.140    Floor area ratio.

17.21.150    Inclusionary housing requirement.

17.21.160    Density bonuses.

17.21.170    Development standards—Mixed use developments.

17.21.180    Parking.

*    Prior ordinance history: Ords. 85-4, 94-3, 2004-13 and zoning ordinance dated 7/94.

17.21.010 Generally.

The regulations in this chapter shall apply in all C-R districts and shall be subject to the provisions of Chapter 17.06. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.21.020 Permitted uses.

Uses permitted in the C-R districts shall be as follows:

A.    Retail stores and shops conducted within a building, including appliance stores, bakeries (retail only), bookstores, florist shops, food stores, and furniture and millinery shops when incidental to the retail sales of such items; radio sales, shoe shops, hardware stores, department stores, drugstores, nursery or horticulture, photography studios, and other uses which are of similar character to those enumerated and which will not be detrimental or obnoxious to the neighborhood in which they are to be located;

B.    Offices other than medical establishments;

C.    Personal service establishments conducted within a building, including banks, barbershops, beauty parlors, tailor shops, tanning salons, and other establishments of similar character providing services to individuals as a primary use;

D.    Studios—acting, music, dance, martial arts, etc.;

E.    Small residential care homes;

F.    Large family day care homes and day care centers pursuant to Section 17.06.135;

G.    Home occupations pursuant to Section 17.06.110;

H.    Transitional housing pursuant to Section 17.04.711;

I.    Supportive housing pursuant to Section 17.04.698; and

J.    Emergency shelters pursuant to Section 17.04.292. (Ord. 2011-03 § 6(a), 2011: Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.21.030 Conditional uses.

Uses permitted, subject to first securing a use permit in each case, in the C-R districts shall be as follows:

A.    Single-room occupancy housing, hotels, and motels;

B.    Public and quasi-public uses and buildings, including schools and churches, parks and playgrounds, community or recreational centers, and public utility buildings and uses exclusive of corporate, storage or repair yards;

C.    Restaurants, refreshment stands, theaters, pet shops, launderettes, undertaking establishments, used or secondhand goods, professional or trade schools, cleaning and drying establishments, convalescent and skilled nursing facilities, medical/dental clinics and offices, veterinary clinics, business-service establishments, and other uses of a similar nature which will not be detrimental to the neighborhood in which they are located;

D.    Indoor commercial recreation facilities;

E.    Research-and-development activities when conducted within an office type of environment;

F.    Arts and crafts studios;

G.    Live-work units subject to the provisions of Section 17.06.150;

H.    Residential dwellings, including condominium and/or planned development projects subject to the provisions of Chapter 17.54;

I.    Multiple-family residential dwellings as part of a mixed use development on a building site; and

J.    Large residential care homes or facilities. (Ord. 2011-03 § 6(b), 2011; Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.21.035 Limitation on allowable uses.

A.    If residential use is existing or approved for a site, only those commercial uses identified in Section 17.21.020(A), “Permitted uses,” be allowed on the same site, subject to the approval of the community development director, and those conditional uses listed in this chapter shall not be permitted on said site.

B.    Only building sites of less than one acre can be developed for exclusively residential use. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.21.040 Accessory uses and buildings.

Accessory uses and accessory buildings permitted in the C-R districts shall be appurtenant to any permitted use, including small family day care, foster home care, rooming and boarding of not more than two persons, and on-site property management. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.21.050 Minimum building site area.

Minimum building site area required in the C-R district shall be six thousand square feet. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.21.060 Residential density limitations.

A.    A maximum of twenty-five units per acre for mixed use developments.

B.    Twenty to thirty-five units per acre for developments that are exclusively residential.

C.    A maximum of forty-three units or bedrooms per acre for building sites developed for hotels, motels, boarding houses, single-room occupancy housing, affordable senior multiple dwellings pursuant to Chapter 17.19, or for similar establishments. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.21.070 Building height.

Maximum building height limit in the C-R districts shall be fifty feet and four stories except any portion of a building within twenty feet of any lot in an R-1, R-2 or R-3 districts shall be limited to a maximum height of thirty-five feet. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.21.080 Site width.

Average building site width required in the C-R districts shall be sixty feet. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.21.090 Open space.

A.    Total Open Space Required. The minimum area of common and private open space required for multiple-family dwellings or three or more single-family dwellings on a building site in the C-R district shall be two hundred fifty square feet per single-room occupancy unit, three hundred square feet per efficiency or one-bedroom unit, and fifty additional square feet for each additional bedroom. A portion or all of the required open space shall be private; otherwise it shall be shared in common.

B.    Minimum Private Open Space Required. Eighty square feet for ground floor units and forty square feet for second story units and above. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.21.100 Front yard.

Minimum front yard required in the C-R districts shall be ten feet, all of which shall be landscaped except for driveways and pedestrian walkways. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.21.110 Side yard.

Minimum side yard required in the C-R districts shall be five feet except where the side yard abuts a street, in which case, the required side yard shall be ten feet. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.21.120 Rear yard.

Minimum rear yard required in the C-R districts shall be ten feet, except where the rear yard abuts any lot in the R-1 or R-2 district, in which case the required rear yard shall be twenty feet. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.21.130 Special yards.

Special yards required for dwelling groups in the C-R districts shall be as follows:

A.    In case the buildings of the group are so located on the lot that the rears thereof abut upon one side yard and the fronts thereof abut upon the other side (i.e., in a single row “side to side” series) the side yard providing pedestrian access shall have a width of not less than twelve feet;

B.    No building in any group shall be so located on the lot that the rear thereof abuts on any street line;

C.    Distances required between buildings on the same lot and as yards and courts for dwelling groups shall be increased by two feet for each story that the height of any building or dwelling group exceeds two stories. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.21.140 Floor area ratio.

Floor area ratio in the C-R district shall not exceed 0.90 and shall not be less than 0.25. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.21.150 Inclusionary housing requirement.

Inclusionary housing in conformance with the Marina General Plan Housing Element and the Marina Municipal Code shall be provided for all residential developments or projects, including condominium conversions, with at least twenty dwelling units. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.21.160 Density bonuses.

Density bonuses may be requested pursuant to Sections 65915 through 65918 of the California Government Code and in conformance with the Marina General Plan Housing Element and the Marina Municipal Code. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.21.170 Development standards—Mixed use developments.

A.    Siting. Residential units located within mixed use developments shall be sited either: (1) within the same building as commercial uses on the site and located above said commercial uses; or (2) within a separate building located to the rear of approved commercial building(s) and uses but located on the same building site as said commercial uses.

B.    Residential Floor Area Limitation. Floor area for residential use shall not exceed seventy percent of the total gross floor area of a mixed use development.

C.    Reduced Parking. Notwithstanding the parking requirements of Chapter 17.44, no covered or guest parking shall be required for residential uses that are part of a mixed use development.

D.    Site and Architectural Design Review. The design review approval of mixed use projects shall be based upon the following criteria:

1.    Promoting internal compatibility between the different uses on the same site;

2.    Minimizing effects potentially detrimental to on-site or neighboring residential use such as, but not limited to, potential noise, glare and odors;

3.    Ensuring that the design of residential units of a mixed use development is of a residential character, and that privacy between residential units and between other uses on the site is maximized through careful siting and design;

4.    Encouraging integration of the street pedestrian environment with retail commercial uses on the site through the use of plazas, courtyards, walkways, and street furniture. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.21.180 Parking.

Parking in the C-R district shall be as provided in Chapter 17.44, except as otherwise provided herein and by Section 17.21.170 of this chapter:

A.    Off-street parking can be reduced to a rate of 0.8 parking space per unit upon approval by the planning commission for residential dwellings restricted to seniors sixty-two years of age or older, for dwelling units affordable to lower income households over and above that required to meet a development’s inclusionary requirement, and for housing for disabled persons.

B.    Off-street parking for residential dwellings with a density of at least twenty-five units per acre may be reduced to a rate of one parking space per unit if the building site is located within one-fourth mile of a transit center, or if the combination of commercial and residential uses supports shared parking as supported by a parking demand study submitted in conjunction with the entitlement application. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)