Chapter 17.22


17.22.010    Generally.

17.22.020    Permitted uses.

17.22.030    Conditional uses.

17.22.040    Building height.

17.22.050    Minimum building site area.

17.22.060    Site width.

17.22.070    Front yard.

17.22.080    Side yard.

17.22.090    Rear yard.

17.22.100    Floor area ratio.

17.22.110    Inclusionary housing requirement.

17.22.120    Development standards—Mixed use developments.

17.22.130    Parking.

*    Prior ordinance history: Ords. 77-10, 83-11, 86-1, 94-3, 97-4, 2002-01, 2003-03, 2004-01, 2005-02, 2005-09 and zoning ordinance dated 7/94.

17.22.010 Generally.

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

17.22.020 Permitted uses.

Uses permitted in the C-1 districts shall be as follows:

A.    Retail stores conducted within a building, including appliance stores, bakeries (retail only), bookstores, florist shops, food stores, furniture and millinery shops when incidental to the retail sales of such items, radio sales, restaurants, shoe shops, hardware stores 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.    Professional and medical offices;

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—art, dance, martial arts, music, etc.; and

E.    Fitness and health establishments. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.22.030 Conditional uses.

Uses permitted, subject to first securing a use permit in each case, in the C-1 districts shall be as follows:

A.    Hotels and motels;

B.    Public and quasi-public uses including schools and churches, and public utility buildings and uses;

C.    Animal hospitals, auto repair shops, auto sales, service stations, drive-in restaurants, refreshment stands, theaters, amusement centers, pet shops, launderettes, undertaking establishments, used car sales, used or secondhand goods, business, specialized education, professional or trade schools, membership organization facilities, and other uses which are of a similar character;

D.    Storage warehouses when incidental to a use allowed in this district;

E.    Multiple-family residential dwellings when part of a mixed use development on a building site;

F.    Buildings and building appurtenances extending into the required front yard or the required side yard abutting a public street consistent with a build-to line established for the building site by the planning commission or the city council on appeal. Said build-to line may entirely eliminate the said yard requirements for the location of buildings on building sites located within the retail core area identified in the general plan. Said build-to line may reduce said yard requirements for the location of buildings on building sites located outside said retail core area to no less than five feet;

G.    Day care centers. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.22.040 Building height.

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

17.22.050 Minimum building site area.

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

17.22.060 Site width.

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

17.22.070 Front yard.

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

17.22.080 Side yard.

No minimum side yards are required in the C-1 districts, except where the side yard abuts a street. A side yard which abuts a street shall have a minimum width of ten percent of the average site width, but in no case more than ten feet or less than five feet. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.22.090 Rear yard.

The rear yards required in the C-1 districts shall be five feet, except where the lot abuts any lot in an R or K district, in which case the abutting rear yard shall not be less than twenty feet. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.22.100 Floor area ratio.

A.    Floor area ratio in the C-1 district shall not exceed 0.55 nor be less than 0.25.

B.    Notwithstanding this limitation, allowable floor area ratio can be increased up to 0.90 upon planning commission approval of a use permit for such increase, based upon findings that: (1) the development has provided common open space at the rate of one square foot of such open space for each five square feet of gross building floor area, and (2) off-street parking is screened from view and is located toward the rear of the building site. Such common open space areas can consist of landscaped areas, pedestrian plazas, walkways, and covered exterior spaces on the site that are freely usable and accessible by the public. Where an agreement for public access is approved by the city council, enclosed spaces can be included as part of the required common open space. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.22.110 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)

17.22.120 Development standards—Mixed use developments.

A.    Siting. Residential units located within mixed use developments shall be sited within the same building as commercial uses on the site, and located above said commercial uses;

B.    Size and Bedroom Limitations. Multiple-family dwellings located within mixed use developments shall not exceed one thousand one hundred square feet of living area. The number of two-bedroom units shall not exceed one-third of the total number of approved dwelling units on a building site.

C.    Residential Maximum Density and Floor Area Limitation. Residential dwellings are permitted a maximum density of twenty-five units per acre as part of a mixed use development. Floor area for residential use shall not exceed fifty percent of the total gross floor area of a mixed use development within the “core area” as defined by the Marina General Plan, and shall not exceed seventy percent outside this “core area.” Notwithstanding this limitation, residential floor areas can be increased to sixty percent within the “core area,” where at least fifteen percent of the total dwellings are targeted as affordable to lower and moderate income households, in addition to any affordable housing that may be required pursuant to a development’s inclusionary housing requirement.

D.    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.

E.    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.    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;

3.    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)

17.22.130 Parking.

Parking in the C-1 district shall be as provided in Chapter 17.44, except as otherwise provided herein and by Section 17.22.120 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 dwelling units 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 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)