Chapter 24.10 LAND USE DISTRICTS

In any zone, any use or combination of uses may be permitted, subject to approval of a planned development permit, pursuant to the provisions of Part 8, Chapter 24.08.

(Ord. 85-05 § 1 (part), 1985).

24.10.030 SUBDISTRICT DESIGNATION.

Each of the districts designated herein shall be subject to further designation into subdistricts, such as R-1-10, R-1-7, R-1-5, etc.; when so designated, the regulations governing the uses within such subdistricts shall be made a part of this title; and such designations shall be indicated as districts on the zoning map.

(Ord. 85-05 § 1 (part), 1985).

24.10.040 OVERLAY DISTRICTS.

Overlay districts may be combined with any zoning district provided for in this title. The overlay district designation shall be shown on the zoning map in addition to the underlying zone designation. All developments within such districts so designated shall be subject to the provisions of both the underlying and the overlay district. Where provisions are in conflict, the more restrictive provisions shall apply.

(Ord. 85-05 § 1 (part), 1985).

24.10.050 ANNEXATION OF TERRITORY.

Prior to all proposed annexations, proposed annexed lands shall be subject to prezoning provisions as set forth in Chapter 24.06 of this title.

(Ord. 85-05 § 1 (part), 1985).

Part 2: APPLICATION OF REGULATIONS TO DISTRICTS GENERALLY

24.10.100 CAPACITY OR USE INTENSITY.

No structure, or part thereof, shall be erected, altered, or enlarged, so as to increase in capacity or use intensity, nor shall any land, building, structure, or premises be used, designated, or intended to be used for any purpose or in any manner other than as prescribed hereinafter in the district in which said building, land, or premises is located. However, departure from strict application of district regulations may be allowed through an approved variance or planned development permit.

(Ord. 85-05 § 1 (part), 1985).

24.10.105 SUBSTANDARD LOTS OF RECORD.

In any district for which a minimum lot area is established, a substandard lot of record, having less than the required area and/or width, may be used for a use permitted in the district in which it is located according to procedures set forth in Sections 24.10.351 and 24.12.110, subsection (4.) of this title.

(Ord. 90-15 § 6, 1990).

24.10.110 HEIGHT LIMIT.

No structure, or part thereof, shall be erected, reconstructed, or structurally altered to exceed in height the limit hereinafter designated for the district in which such building is located.

(Ord. 85-05 § 1 (part), 1985).

24.10.120 YARD, BUILDING SITE AREA, BUILDING LOCATION.

Except as provided in Part 2, Chapter 24.12 (General Site Design Standards), no structure, or part thereof, shall be erected nor shall any existing building be altered, enlarged, or rebuilt, or moved into any district, nor shall any required open space be encroached upon or reduced in any manner, except in conformity with the yard, building site area, and building location regulations hereinafter designated for the district in which such building or open space is located. However, departure from strict application of district regulations may be allowed through an approved variance or planned development permit.

(Ord. 85-05 § 1 (part), 1985).

24.10.130 YARD OR OPEN SPACE LIMITATIONS.

No yard or other open space provided about any building for the purpose of complying with provisions of this title shall be considered as providing a yard or open space for any other building; and no yard or other open space on one building site shall be considered as providing a yard or open space for a building on any other building site.

(Ord. 85-05 § 1 (part), 1985).

24.10.140 CONDUCT OF COMMERCIAL ACTIVITIES.

In all districts, merchandise storage, display or sales areas shall be wholly within a completely enclosed building or structure, except as otherwise provided in Section 24.12.190, Outdoor storage, display or sale of merchandise, of this title.

(Ord. 85-05 § 1 (part), 1985).

24.10.150 DEVELOPMENT ON KNOWN ARCHAEOLOGICAL SITES.

No permit for any earth-disturbing activity shall be issued on parcels identified by resolution of the city council as containing known cultural or archaeological resources, without the owner first obtaining an administrative use permit. The administrative use permit shall be conditioned with appropriate archaeological survey and mitigation procedures such as those prescribed in the Cultural Resources Element of the General Plan and the Local Coastal Implementation Plan.

(Ord. 94-33 § 27, 1994: Ord. 85-05 § 1 (part), 1985).

24.10.160 HOME OCCUPATION REGULATIONS.

1. Intent. The discretionary approval of a home occupation is intended to allow for home enterprises, which are clearly incidental and secondary to the use of the dwelling unit and compatible with surrounding residential uses. A home occupation allows for the gainful employment in the home by any occupant of a dwelling so long as the enterprise does not require frequent customer access or have associated characteristics which would reduce the surrounding residents’ enjoyment of their neighborhood.

2. General. A home occupation shall be operated and maintained only by a resident of the dwelling unit in which it occurs; shall not employ any help other than the members of the resident family or household; shall not change the residential character of the dwelling units; shall not generate a vehicular traffic increase of more than six trip ends (three round trips) per day including deliveries and clients.

3. Restrictions. A home occupation shall not involve:

a. The use of an area greater than four hundred feet;

b. The use of any required front or exterior side yard area or setback area, nor the use of any required covered or uncovered on-site parking space;

c. Any activity or use which involves:

(1) A significant increase in vehicular trips to the residence;

(2) Storage or use of hazardous or unsanitary materials;

(3) Creation of noise levels exceeding the standards of this title and/or other nuisance factors inconsistent with Chapter 24.14, Part 2: Performance Standards;

(4) Auto/truck/motorcycle/motor boat repair.

d. The placement of a sign advertising the business.

4. Permits Required. A zoning clearance and business license shall be required, except for small family day care which is exempt from local regulations.

(Ord. 99-09 § 1, 1999: Ord. 88-23 § 1, 1988: Ord. 85-05 § 1 (part), 1985).

24.10.165 FAMILY DAYCARE HOMES.

Small family daycare homes as defined in Section 24.22.355, are permitted outright in single-family homes or duplexes in any zoning district. Large family daycare homes as defined in Section 24.22.355, are permitted outright in single-family homes and duplexes in any single-family zone, or the R-L and R-M Districts; in nonresidential districts which permit residential uses they are a conditional use.

(Ord. 96-39 § 1, 1996).

24.10.170 ACCESSORY DWELLINGS – DISTRICTS WHERE PERMITTED.

Accessory dwelling units are permitted in the following zones: RS-1A, RS-2A, R-1-10, R-1-7, R-1-5, R-L, R-M, R-T(A), (B), (C) and (D) and in nonresidential districts which permit residential uses. (Refer to Part 2, Chapter 24.16 for other regulations.).

(Ord. 85-05 § 1 (part), 1985).

24.10.180 FIVE-DAY USE PERMITS.

The zoning administrator is authorized to issue short-term permits effective for a period not to exceed five days. The zoning administrator may issue such permits without a public hearing. The zoning administrator’s decision may be appealed to the planning director within a three-day period.

In approving a five-day permit, it shall be determined by the zoning administrator that the proposed use:

1. Will not constitute a nuisance or be detrimental to the public welfare of the community; and

2. That any additional conditions stipulated as necessary in the public interest have been imposed.

(Ord. 88-27 § 1, 1988).

24.10.190 BUILDING DEMOLITION – OFFER TO MOVE.

1. Whenever any residential building is sought to be demolished, and if city regulations provide for demolition, the applicant for demolition shall be required to offer the building to interested parties to be moved, if it is determined by the building official that the building is feasible for relocation off-site and capable of being moved without damage to significant trees and/or landscaping. The building shall be offered at no cost, or nominal cost, and be moved at the taker’s expense, unless any discretionary permit requires otherwise.

2. The applicant shall place a minimum of two advertisements, two weeks apart, in a daily newspaper of local circulation, in a form approved by the zoning administrator. The advertisement shall contain an offer to the public stating that the building is being made available to any member of the public free of charge or for a nominal cost based on upon the building’s salvage value. The offer contained in the advertisement shall remain outstanding for a period of sixty days from the date of the publication of the first advertisement. Any such offer shall be conditioned upon the acceptor’s agreement to remove the building in its entirety and any associated debris from the site no later than ninety days from the date of publication of the first advertisement; however nothing contained herein shall preclude the offeror and acceptor from mutually agreeing to a longer time period for removal of the building and associated debris.

(Ord. 95-32 § 1, 1995).

Part 3: R-S RESIDENTIAL SUBURBAN DISTRICT

24.10.200 PURPOSE.

To provide a residential living area within the city which allows low residential densities and provides a transition to rural areas which adjoin portions of the city. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 94-33 § 28, 1994: Ord. 85-05 § 1 (part), 1985).

24.10.210 PRINCIPAL PERMITTED USES.

1. Single-family dwelling.

2. Community care facilities including daycare and foster home (six or fewer persons).

3. Crop and tree farming and grazing lands.

4. Family daycare facilities in single-family dwelling or duplex.

5. Community garden.

6. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.

a. Home occupations subject to home occupation regulations as provided in Section 24.10.160.

b. Room and board for not more than two paying guests per dwelling unit, when located within principal building.

c. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, accessory buildings and Section 24.10.230.

d. Living quarters for persons regularly employed on the premises, when located within principal building.

7. Accessory dwelling units subject to the provisions of Chapter 24.16 Part 2.

(Ord. 2003-17 § 3 (part), 2003; Ord. 2003-16 § 3 (part), 2003: Ord. 96-39 § 3, 1996: Ord. 93-19 § 1, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.220 RESERVED.*

* Editor’s Note: Former Section 24.10.220, Accessory Uses, previously codified herein and containing portions of Ords. 85-66 and 88-60, was repealed in its entirety by Ord. 93-19 § 2, 4-27-93. For accessory uses see Section 24.10.210.

24.10.230 USE PERMIT REQUIREMENT.

1. Single-family dwelling.

2. Community care facilities including daycare and foster home (six or fewer persons).

3. Crop and tree farming and grazing lands.

4. Family daycare facilities in single-family dwelling or duplex.

5. Community garden.

6. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.

a. Home occupations subject to home occupation regulations as provided in Section 24.10.160.

b. Room and board for not more than two paying guests per dwelling unit, when located within principal building.

c. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, accessory buildings and Section 24.10.230.

d. Living quarters for persons regularly employed on the premises, when located within principal building.

7. Accessory dwelling units subject to the provisions of Chapter 24.16 Part 2.

(Ord. 2003-17 § 3 (part), 2003; Ord. 2003-16 § 3 (part), 2003: Ord. 2002-25 § 3, 2002: Ord. 93-19 § 3, 1993; Ord. 88-60 § 3, 1988; Ord. 88-25 § 1, 1988; Ord. 85-66 § 2, 1985: Ord. 85-05 § 1 (part), 1985).

24.10.240 USE DETERMINATIONS.

Any other use or service establishment determined by the zoning board to be of the same general character as the foregoing principal permitted uses, and which will not impair the present or potential use of adjacent properties, shall be permitted. If the zoning board determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title.

(Ord. 85-05 § 1 (part), 1985).

24.10.250 DISTRICT REGULATIONS.

1. General.


Provision	Classification or Type of Use
	Single-Family Residential
	RS-10A	RS-5A	RS-2A	RS-1A
a. Height of Buildings (Maximum)
• Principal: (stories and feet)	2 & 30	2 & 30	2 & 30	2 & 30
• Accessory: (stories and feet)	1 & 20	1 & 20	1 & 20	1 & 20
b. Lot area (acre)	10 acres	5 acres	2 acres	1 acre
c. Lot width (feet)	250	200	150	100
d. Front yard (feet)	40*	40*	40*	40*
e. Rear yard (feet)	30	30	30	30
f. Side yards (feet)	25	20*	20*	15*

* For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be a minimum of twenty feet from said property line or the setback required for the district, whichever is greater.

2. Dwellings Per Lot. Unless otherwise provided, there shall be only one dwelling per lot.

3. Design Guidelines. Development guidelines adopted by the city shall be used as applicable to provide site design standards to augment the general district regulations in the development of property in this district.

4. The minimum distance between buildings on the same lot shall be ten feet between main buildings, including accessory dwelling units; six feet between main buildings and accessory buildings; and six feet between accessory buildings.

(Ord. 99-04 § 1, 1999: Ord. 93-28 § 1, 1993; Ord. 88-24 § 1, 1988: Ord. 85-05 § 1 (part), 1985).

Part 4: R-1 SINGLE-FAMILY RESIDENCE DISTRICT

24.10.300 PURPOSE.

To stabilize and protect the residential characteristics of the district, and to promote and encourage a suitable environment for family life and single persons; and intended for single-family detached dwellings and the services appurtenant thereto. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan. Please also see Part 42, Sections 24.10.4200 et al for properties within the West Cliff Drive Overlay District. Please also see Section 24.08.440 for substandard lots and Section 24.08.450 for large home developments.

(Ord. 2000-27 § 5, 2000: Ord. 94-33 § 29, 1994: Ord. 93-19 § 4, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.310 PRINCIPAL PERMITTED USES.

Single-family dwelling.

2. Community care facilities including daycare and foster homes (six or fewer persons).

3. Family daycare in single-family dwelling or duplex.

4. Community garden.

5. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.

a. Home occupations subject to home occupation regulations as provided in Section 24.10.160.

b. Room and board for not more than two paying guests per dwelling unit, when located within principal building.

c. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, accessory buildings, and Section 24.10.330.

6. Accessory dwelling units subject to the provisions of Chapter 24.16 Part 2.

(Ord. 2003-17 § 4 (part), 2003; Ord. 2003-16 § 3 (part), 2003: Ord. 96-39 § 4, 1996: Ord. 93-19 § 5, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.320 Repealed by Ord. 93-19 § 6.*

* Editor’s Note: Former Section 24.10.320, Accessory uses, previously codified herein and containing portions of Ords. 85-66 and 88-60, was repealed in its entirety by Ord. 93-19 § 6, 4-27-93.

24.10.330 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and a design permit:

a. Family animal farm.

b. Temporary structures and uses.

c. Young farmer projects on sites of twenty thousand square feet or more on which a child may be permitted to raise one kid, lamb, or calf for a one-year period.

d. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.

e. Accessory dwelling units subject to the provisions of Chapter 24.16 Part 2, except that Accessory Dwelling Units are not subject to approval of a Design Permit.

2. The following uses are subject to approval of a special use permit and a design permit:

a. Bed and breakfast inns, subject to requirements contained in Part 9, Chapter 24.12.

b. Community care facilities including nursing homes, retirement homes, daycare and foster homes (seven or more persons).

c. Health facilities for inpatient and outpatient psychiatric care and treatment.

d. Off-street parking facilities accessory to a contiguous commercial property not to exceed one hundred feet from the boundary of the site they are intended to serve.

e. Plant nurseries and greenhouses.

f. Noncommercial recreation areas, buildings and facilities such as parks, country clubs, golf courses, and riding, swimming and tennis clubs.

g. Educational, religious, cultural, or public utility or public service uses and buildings; but not including corporation yards, storage or repair yards, and warehouses.

h. Two-family dwellings (duplexes) on corner lots having an area of seven thousand five hundred square feet or more, and subject to the following limitations:

(1) The area is characterized by mixed residential uses;

(2) Such uses shall be permitted in entirely new structures only;

(3) Duplexes will not be approved on properties within five hundred feet of existing duplexes or approved duplex locations;

(4) Such duplexes shall maintain at least two thousand square feet of usable open space, one thousand square feet of which shall be directly accessible to each unit within the duplex;

(5) The units shall be designed so that each faces on one of the streets forming the intersection;

(6) Setbacks from the street shall be the same as for a single-family dwelling, i.e., the setback from one street shall be considered a front yard setback and the setback from the other street shall be considered an exterior side yard setback; however, garages or carports shall be arranged so that at least one faces each of the intersecting streets, and in all cases shall be set back at least twenty feet from the property line.

(7) There shall be a differential of at least twenty percent in the total floor area of the individual units.

i. Riding stables on parcels at least five acres in size for the boarding of horses to serve the neighborhood.

(Ord. 2003-17 § 4 (part), 2003; Ord. 2003-16 § 4 (part), 2003: Ord. 2002-25 § 4, 2002: Ord. 93-19 § 7, 1993; Ord. 88-60 § 5, 1988; Ord. 88-25 § 2, 1988; Ord. 85-66 § 4, 1986: Ord. 85-05 § 1 (part), 1985).

24.10.340 USE DETERMINATION.

Any other use or service establishment determined by the zoning board to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties may be allowed by special use permit.

(Ord. 85-05 § 1 (part), 1985).

24.10.350 DISTRICT REGULATIONS.

1. General.


	Classification or Type of Use
	Single-Family Residential
Provision	R-1-10	R-1-7	R-1-5
a. Height of Buildings (Maximum)
• Principal: (stories and feet)	2 1/2 & 30	2 1/2 & 30	2 1/2 & 30
• Accessory: (stories and feet)	1 & 15	1 & 15	1 & 15
• Single-story structure	1 & 19	N/A	N/A
b. Minimum lot area (net) (square feet)	10,000	7,000	5,000
c. Minimum lot width (feet)	70	70	50
d. Front yard (feet)	25*	20*	20*
e. Rear yard (feet)	30	25	20
f. One side yard (feet)	10	7*	5*
g. Both side yards – total
• Interior lot (feet)	20	14	10
• Exterior lot (feet)	22	16	13
h. Exterior side yard or end (feet)	12*	9*	8*
i. Floor area ratio (FAR)
• Single-story structure	N/A	N/A	N/A
• Over one story	.30	N/A	N/A
j. Maximum building area without design permit	4,000 (See § 24.08.450 for findings)	3,500	3,000

* For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be a minimum of twenty (20) feet from said property line or the setback required for the district, whichever is greater.

2. Dwellings per Lot. Unless otherwise provided, there shall be only one dwelling per lot.

3. The minimum distance between buildings on the same lot shall be ten feet between main buildings, including accessory dwelling units; six feet between main buildings and accessory buildings; and six feet between accessory buildings.

4. Other Requirements. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12.

(Ord. 99-04 § 2, 1999: Ord. 93-19 § 8, 1993; Ord. 89-20 § 1, 1989; Ord. 88-24 § 2, 1988: Ord. 85-05 § 1 (part), 1985).

24.10.351 SUBSTANDARD R-1 LOT DEVELOPMENT REQUIREMENTS AND REGULATIONS.

1. Two or more vacant, contiguous lots in the R-1, Single-Family Residential District which are each less than fifty feet in width, and which are under common ownership, shall not constitute or be deemed a lawful site for building purposes, unless they are combined to be made conforming with respect to width, or an administrative use permit is obtained for a single-family dwelling for each lot, or unless they are combined and developed as described in subsection (1)(c) below.

a. Where such lots are combined to meet the lot width requirement of an R-1 District (fifty feet in the R-1-5 District, seventy feet in the R-1-7 and R-1-10 Districts), the resultant lot may be used as a building site as provided by this title.

b. Lots as described above may be used as a building site for single-family dwellings upon approval of an administrative use permit for each lot.

c. Combined lots may be used as a building site for a duplex, triplex, or a series of duplexes and/or triplexes. The total number of units shall not exceed the original number of lots combined. Findings for approval of a use permit and design permit shall be required.

(1) Where any existing lot prior to combination is less than thirty-five feet wide, a special use permit shall be required.

(2) Where any existing lot prior to combination is between thirty-five feet and fifty feet wide, an administrative use permit shall be required.

2. The maximum height of structures on lots of thirty-five feet or less in width shall be twenty-two feet.

(Ord. 85-05 § 1 (part), 1985).

Part 5: R-L MULTIPLE RESIDENCE – LOW-DENSITY DISTRICT

24.10.400 PURPOSE.

To promote the development of multifamily townhouses, condominiums and apartments at a low to medium density of 10.1 to 27 units per acre, depending on unit mix; to stabilize and protect the residential characteristics of the district and to promote and encourage a suitable environment for the lives of families and single persons. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 96-37 § 1 (part), 1996: Ord. 94-33 § 30, 1994: Ord. 93-19 § 9, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.410 PRINCIPAL PERMITTED USES.

The following uses are permitted outright if a design permit is obtained for new structures and environmental review is conducted in accordance with city and state guidelines (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses.):

1. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structure(s). (830, 840)

2. Community care facilities including daycare, retirement homes and foster homes (six or fewer).

3. Small family daycare.

4. Large family daycare facilities in single-family dwelling or duplex.

5. Two-family dwellings.

6. Community garden.

7. Single-family dwellings.

8. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.

a. Home occupations subject to home occupation regulations as provided in Section 24.10.160.

b. Park and recreational facilities.

c. Room and board for not more than two paying guests per dwelling unit, when located within principal building.

d. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, accessory buildings and Section 24.10.430.

9. Accessory dwelling units subject to the provisions of Chapter 24.16 Part 2, except accessory dwelling units are not subject to approval of a design permit.

(Ord. 2005-15 § 1, 2005: Ord. 2003-17 § 5 (part), 2003; Ord. 2003-16 § 5 (part), 2003: Ord. 96-39 § 5, 1996: Ord. 93-19 § 9, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.420 Repealed by Ord. 93-19 § 9.*

* Editor’s Note: Former Section 24.10.420, Accessory uses, previously codified herein and containing portions of Ords. 85-66 and 88-60, was repealed in its entirety by Ord. 93-19 § 9, 1993. See Section 24.10.410 for accessory uses.

24.10.430 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and a design permit:

a. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.

b. Temporary structures and uses.

2. The following uses are subject to approval of a special use permit and a design permit:

a. Bed-and-breakfast inns, subject to requirements in Part 9, Chapter 24.12.

b. Community care facilities including daycare, retirement home, foster home, and nursing home (seven or more persons).

c. Accessory dwelling units subject to the provisions of Chapter 24.16 Part 2, except that accessory dwelling units are not subject to approval of a design permit.

d. Dormitories, fraternity/sorority residence halls, boardinghouses.

e. Health facilities for inpatient and outpatient psychiatric care and treatment.

f. Off-street parking facilities accessory to a contiguous commercial property not to exceed one hundred feet from the boundary of the site it is intended to serve.

g. Noncommercial recreation areas, buildings, and facilities such as parks, country clubs, golf courses, and riding, swimming and tennis clubs.

h. Educational, religious, cultural, public utility or public service buildings and uses; but not including corporation yards, storage or repair yards, and warehouses.

i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.

(Ord. 2003-17 § 5 (part), 2003; Ord. 2003-16 § 5 (part), 2003: Ord. 2002-25 § 5, 2002: Ord. 93-19 § 9, 1993; Ord. 88-60 § 7, 1988; Ord. 88-25 § 3, 1988; Ord. 85-66 § 6, 1985: Ord. 85-05 § 1 (part), 1985).

24.10.440 USE DETERMINATION.

(Ord. 93-19 § 9, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.450 DISTRICT REGULATIONS.

1. General.


Provision	Dwelling Unit Type
Provision	Single-Family Detached	Two or More Units
a. Maximum Height of Buildings
• Principal: (stories and feet)	2 1/2 & 30	2 1/2 & 30
• Accessory: (stories and feet)	1 & 15	1 & 15
b. Minimum lot area (net) (square feet)	5,000	5,500
c. Minimum lot area per dwelling unit (net) (square feet)		2,200 (1,600 sq. ft. for 1-bedroom/ studios)
d. Minimum lot width (feet)	50	50
e. Usable open space per dwelling unit (square feet)	–	400

2. Setback Requirements.

a. The minimum front yard setback shall be fifteen feet except that the front yard may be reduced to not less than ten feet for a portion not to exceed fifty percent of the building frontage, and providing that a total of fifteen square feet of front yard is provided for each lineal foot of total lot frontage.

b. The minimum rear yard setback shall be ten feet.

c. The minimum side yard setback shall be five feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.

(1) There shall be no side yard required for townhouses on interior lots, except there shall be a minimum side yard setback at the interior end of a townhouse group of five feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.

(2) The minimum exterior side yard setback shall be eight feet or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.

d. For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line.

e. Minimum Distance Between Buildings on the Same Lot. Between main buildings, including accessory dwelling units, ten feet or one foot of setback for each two feet of height of the tallest building, or portions thereof, whichever is greater; between main buildings and accessory buildings, six feet; between accessory buildings, six feet.

3. Other Requirements. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12.

4. All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.

(Ord. 2000-18 § 12 (part), 2000: Ord. 99-04 § 3, 1999: Ord. 96-37 § 1 (part), 1996: Ord. 93-19 § 9, 1993; Ord. 89-39 § 2, 1989; Ord. 88-24 § 4, 1988: Ord. 85-05 § 1 (part), 1985).

Part 6: R-M MULTIPLE RESIDENCE – MEDIUM-DENSITY DISTRICT

24.10.500 PURPOSE.

To promote the development of multifamily townhouses, condominiums and apartments at a medium residential density of 20.1 to 40 units per acre depending on unit mix; to stabilize and protect the residential characteristics of the district; and to promote a suitable environment for the lives of families and single persons. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 96-37 § 2 (part), 1996: Ord. 94-33 § 31, 1994: Ord. 93-19 § 10, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.510 PRINCIPAL PERMITTED USES.

1. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures. (830, 840)

2. Community care facilities including daycare, foster home, retirement home (six or fewer persons).

3. Community garden.

4. Small family daycare facilities.

5. Large family daycare facilities in single-family home or duplex.

6. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.

a. Park and recreational facilities.

b. Home occupations subject to home occupation regulations as provided in Section 24.10.160.

c. Room and board for not more than two paying guests per dwelling unit, when located within principal building.

d. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, accessory buildings and Section 24.10.530.

(Ord. 2005-15 § 2, 2005: Ord. 96-39 § 6, 1996: Ord. 93-19 § 10, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.520 Repealed by Ord. 93-19 § 10.

* Editor’s Note: Former Section 24.10.520, Accessory uses, previously codified herein and containing portions of Ords. 85-66 and 88-60, was repealed in its entirety by Ord. 93-19 § 10, 4-27-93. See Section 24.10.510 for accessory uses.

24.10.530 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and a design permit:

a. Expansion of an existing single-family dwelling if the lot area is six thousand square feet or less.

b. Two family dwelling if the lot area exceeds five thousand five hundred square feet.

c. Temporary structures and uses.

d. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.

e. Single-family dwellings on substandard lots.

2. The following uses are subject to approval of a special use permit and a design permit:

a. Bed-and-breakfast inns, subject to requirements contained in Part 9, Chapter 24.12.

b. Community care facilities (seven or more persons) including daycare, foster home, nursing home, retirement home.

c. Dormitories, fraternity/sorority residence halls, boardinghouses.

d. Health facilities for inpatient and outpatient psychiatric care and treatment.

e. Off-street parking facilities accessory to a contiguous commercial property not to exceed one hundred feet from the boundary of the site they are intended to serve.

f. Noncommercial recreation areas and facilities such as parks, country clubs, golf courses, and riding, swimming and tennis clubs.

g. Educational, religious, cultural, public utility or public service buildings or uses; and not including corporation yards, storage or repair yards, and warehouses.

h. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.

(Ord. 93-19 § 10, 1993; Ord. 88-60 § 9, 1988; Ord. 88-25 § 4, 1988; Ord. 85-66 § 8, 1985: Ord. 85-05 § 1 (part), 1985).

24.10.540 USE DETERMINATION.

(Ord. 93-19 § 10, 1993: Ord. 85-05 § 1 (part), 1985)

24.10.550 DISTRICT REGULATIONS.

1. General.


	Dwelling Type
Provision	Duplex	3 or More Units
Maximum Height of Buildings
Principal: (stories and feet)	2 1/2 & 30	3 & 35
Accessory: (stories and feet)	1 & 15	1 & 15
Minimum lot area (net) (square feet)	4,400	5,500
Minimum lot area (net) per dwelling unit (sq.ft.)	2,200	1,450 (1,100 sq. ft. for 1-bedroom/studios)
Minimum lot width (feet)	50	65
Usable open space per dwelling unit (square feet)	–	400
Usable open space per dwelling unit (square feet)		200 (1-bedroom/studios)*
	* Open space shall be attached or aggregated in a manner that provides usable open space for all units exclusive of setbacks and other small landscape areas less than 10 feet in width.

2. Setback Requirements.

a. The minimum front yard setback shall be fifteen feet or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater, except that the front yard may be reduced to not less than six feet for a portion not to exceed fifty percent of the building frontage, providing that a total of ten square feet of front yard is provided for each lineal foot of total lot frontage. Such reduction of front yard depth shall not be permitted on a corner lot, within twelve feet of any side street lot line.

b. The minimum rear setback shall be ten feet, or one foot of setback for each three feet of height, or portion thereof, of structure, whichever is greater.

c. The minimum side yard setback shall be five feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.

d. There shall be no side yard required for townhouses, or interior lots, except there shall be a minimum side yard setback at the interior end of a townhouse group of five feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.

e. The minimum exterior side yard setback shall be eight feet, or one foot of setback for each three feet of height, or portion thereof, of structure, whichever is greater.

f. Minimum Distance Between Buildings on the Same Lot. Between main buildings, ten feet or one foot of setback for each two feet of height of the tallest building, or portions thereof, whichever is greater; between main buildings and accessory buildings, six feet; between accessory buildings, six feet.

g. For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line.

3. Other Requirements. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12.

(Ord. 2000-18 § 12 (part), 2000: Ord. 99-04 § 4, 1999: Ord. 96-37 § 2 (part), 1996: Ord. 93-19 § 10, 1993; Ord. 88-24 § 4, 1988: Ord. 85-05 § 1 (part), 1985).

Part 6A: R-H MULTIPLE RESIDENCE – HIGH-DENSITY DISTRICT

24.10.560 PURPOSE.

To promote the development of multifamily apartments, townhouses and condominiums at a high residential density of 30.1 to 55 units per acre in order to increase the supply of affordable and rental housing, and provide new market rate infill housing opportunities. This district provides a suitable environment for higher density households. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 2000-18 § 6 (part), 2000: Ord. 96-36 § 1 (part), 1996).

24.10.565 PRINCIPAL PERMITTED USES.

The following uses are permitted subject to a design permit for new structures in compliance with the Beach and South of Laurel Design Guidelines and other requirements of the Municipal Code. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses.) Additionally, environmental review must be conducted in accordance with city and state guidelines:

1. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures; (830, 840)

2. Small community care residential facilities including daycare, foster homes, retirement homes, with six or fewer persons; (510a)

3. Small family daycare; (510a)

4. Large family daycare in single-family dwelling or duplex. (510a)

(Ord. 2005-15 § 3, 2005: Ord. 2000-18 § 6 (part), 2000: Ord. 96-36 § 1 (part), 1996).

24.10.570 ACCESSORY USES.

Accessory uses are principally permitted subject to a Design Permit when they are a subordinate use to the principal use of the lot:

1. Garages and parking areas, private;

2. Home occupations subject to home occupancy regulations as provided in Section 24.10.160;

3. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Sections 24.12.140 and 24.10.575.

(Ord. 2000-18 § 6 (part), 2000: Ord. 96-36 § 1 (part), 1996).

24.10.575 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an Administrative Use Permit and a Design Permit in compliance with the Beach and South of Laurel Design Guidelines and other requirements of the Municipal Code. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses.):

a. Expansion of any existing single-family dwelling; (800)

b. Two-family dwelling if the lot area allows only two. New single-family development is not permitted; (810)

c. Temporary structures and uses;

d. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.

2. The following uses are subject to approval of a Special Use Permit and a Design Permit in compliance with the Beach and South of Laurel Design Guidelines and other requirements of the Municipal Code. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses.):

a. Bed-and-breakfast inns subject to requirements contained in Part 9, Chapter 24.12; (300c)

b. Community care facilities including daycare, foster homes, nursing and retirement homes for seven or more persons; (850e)

c. Health facilities for in-patient and out-patient psychiatric care and treatment; (410b)

d. Off-street parking facilities accessory and incidental to a contiguous commercial property with said parking not to exceed one hundred feet from the boundary of the site it is intended to serve; (930)

e. Public and private noncommercial recreation areas, buildings, and facilities such as parks; (710)

f. Public and quasi-public buildings and uses including recreational, educational, religious, cultural, public utility or public service uses; but not including corporation yards, storage or repair yards, and warehouses; (500, 510, 530, 540)

g. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit; (570).

(Ord. 2002-02 § 2, 2002: Ord. 2000-18 § 6 (part), 2000: Ord. 96-36 § 1 (part), 1996).

24.10.580 USE DETERMINATION.

Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties, may be allowed by special use permit.

(Ord. 2000-18 § 6 (part), 2000: Ord. 96-36 § 1 (part), 1996).

24.10.585 DISTRICT REGULATIONS.

1. General.


	Dwelling Unit Type
Provision	Duplex	3 or More Units
a. Maximum Height of Buildings
• Principal: (stories and feet)	2 1/2 & 30	4 & 48
• Accessory: (stories and feet)	1 & 15	1 & 15
b. Minimum lot area (net) (square feet)	4,000	5,000
c. Minimum lot area per dwelling unit (net) (sq.ft.)	2,000	790
d. Minimum lot width (feet)	50	50
e. Usable open space per dwelling unit (sq.ft.)	–	250
f. Lot coverage	45%	70%

2. Setback Requirements.

a. The minimum front yard setback shall be fifteen feet or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater, except that the front yard may be reduced to not less than six feet for a portion not to exceed 50% of the building frontage, providing that a total of ten square feet of front yard is provided for each lineal foot of total lot frontage. Such reduction of front yard depth shall not be permitted on a corner lot, within twelve feet of any side street lot line. Setback requirements may not be reduced for those portions of buildings that are three stories or taller.

b. The minimum rear setback shall be ten feet, or one foot of setback for each three feet of height, or portion thereof, of structure, whichever is greater.

c. The minimum side yard setback shall be five feet, or one foot of setback for each three feet of height, or portion thereof, of structure, whichever is greater.

d. Where a parcel abuts a public right-of-way on opposite sides of the parcel, the front yard setback requirements shall apply to the major street and the rear yard setbacks shall apply to the secondary street; however, in the case of the rear yard setback, the setback shall not be less than the average of the two adjacent lots.

e. The minimum exterior side yard setback shall be eight feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.

f. Minimum Distance Between Buildings on Same Lot. Between main buildings, ten feet or one foot of setback for each two feet of height of the tallest building, or portions thereof, whichever is greater; between main buildings and accessory buildings, six feet; between accessory buildings, six feet.

g. For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line.

h. To preserve the view to Beach Hill down Front Street, the height of the first 25 feet of depth along Front Street shall be limited to 24 feet.

3. Design.

a. The site and building design shall conform to the General Site Design Standards, Part 2, Chapter 24.12 and the Beach and South of Laurel Design Guidelines.

b. The building facades that abut streets, public rights-of-way, or public open space, such as a river levee, shall have an articulated facade that creates a designed, three-dimensional rhythm to the building face. Architectural elements such as roof overhangs, roof slopes, building step backs and projections, bay windows, covered porches, entryways, decks and balconies, dormers, and single-story elements may be used to create the required three-dimensional architectural interest in the facade. In addition to the above, the front side and rear building facades that are visible from streets, public rights-of-way or public open space shall be composed of at least two separate building planes. A separate building plane is distinguished by an average horizontal difference of 4 feet measured perpendicular to the plane closet to the street or property line. These building planes shall occupy at least 20% of the total building elevation area but not exceed 60% of that area.

c. Maintain views to Beach Hill by creating view corridors through new structures. Portions of the building(s) shall not occupy more than 60 percent of the top 10 feet of the height limit, as viewed from the center of the Soquel Bridge. The minimum 40% open view to Beach Hill shall be reasonably distributed over the length of the building.

d. All open space, except balconies, shall be fully landscaped. To soften the massing of high density buildings, the building landscape shall include tree massing and/or landscape elements attached to the building such as trellises, arbors, espalier structures, etc.

e. All parking shall be fully screened from the roadways, pedestrian ways, and open space by building elements, walls, and landscaping.

(Ord. 2000-18 § 6 (part), 2000: Ord. 99-04 § 5, 1999: Ord. 96-36 § 1 (part), 1996).

24.10.590 FINDINGS REQUIRED.

In addition to required Use and Design Permit findings, any development permit must also meet all the following findings:

1. The amenity level of the development, the quality of the architecture, and the landscaping provided substantially enhance the site;

2. The bulk, massing, height, and rooflines of the proposed development are found to be consistent with the Design Criteria and add to the architectural quality of the neighborhood; and

3. The siting, landscaping, access, and design of the proposed development demonstrate a sensitive relationship to the San Lorenzo River and maximize the natural attributes of this riverside location.

(Ord. 2000-18 § 6 (part), 2000).

Part 7: R-T TOURIST RESIDENTIAL DISTRICT

24.10.600 PURPOSE.

The purpose of the R-T Tourist Residential District is to establish a zoning district to accommodate a mix of residential, motel, and commercial land uses and to preserve historical buildings and trees within the district. Recognizing this variety of land uses and the desire to utilize existing land uses, the R-T District is divided into five subdistricts: Medium-Density Residential, Motel Residential, Beach Commercial, Beach Residential, and High/Medium Density Residential. Each subdistrict is designed to ensure compatibility of uses, upgrade the area by ensuring a high quality of new developments, and promote a suitable environment for residential and tourist-oriented uses. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 2000-18 § 4 (part), 2000: Ord. 94-33 § 32, 1994: Ord. 85-05 § 1 (part), 1985).

24.10.601 Repealed by Ord. 2000-18 § 4.

Part 7A: R-T(A) SUBDISTRICT A – MEDIUM-DENSITY RESIDENTIAL

24.10.602 PURPOSE.

The purpose of Subdistrict A is to establish standards for medium-density residential uses which promote and protect the residential characteristics of the subdistrict and provide a suitable environment for its residents. To preserve the architectural and historic character of this subdistrict, all new development will be reviewed to ensure high-quality design compatible with surrounding residential uses, in compliance with the Beach Hill Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.

(Ord. 2000-18 § 4 (part), 2000: Ord. 85-05 § 1 (part), 1985).

24.10.603 PRINCIPAL PERMITTED USES.

1. The following uses are subject to approval of a design permit and other requirements of the Municipal Code. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses.)

a. Duplexes; (810)

b. Small family day care facility in single-family home or duplex (510a);

c. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, accessory buildings.

2. Accessory dwelling units subject to the provisions of Chapter 24.16 Part 2, except accessory dwelling units are not subject to approval of a design permit.

(Ord. 2003-17 § 6 (part), 2003; Ord. 2003-16 § 6 (part), 2003: Ord. 2000-18 § 4 (part), 2000).

24.10.604 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and a design permit and other requirements of the Municipal Code. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses.):

a. Single-family dwellings; (810)

b. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.

c. Multiple dwellings, townhouse dwelling groups, and condominiums (three to nine units); (830)

d. Accessory dwelling units subject to the provisions of Chapter 24.16 Part 2, except that accessory dwelling units are not subject to approval of a design permit.

2. The following uses are subject to approval of a special use permit and a design permit and other requirements of the Municipal Code. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses.):

a. Bed-and-breakfast inns, subject to the requirements contained in Part 9, Chapter 24.12; (300c)

b. Large community care facilities; (850e)

c. Large family daycare facilities; (510a)

d. Group care homes; (850e)

e. Multiple dwellings, townhouse dwelling groups, and condominiums, ten units or more; (840)

f. Public and private commercial parking;

g. Public and private noncommercial recreation areas, buildings and facilities such as parks; (710)

h. Public and quasi-public buildings and uses including recreational, educational, religious, cultural or public utility or service nature; but not including corporation yards, storage or repair yards, and warehouses; (500, 510, 530, 540, 570)

i. Retirement homes or centers. (850b)

(Ord. 2005-15 § 4, 2005: Ord. 2003-17 § 6 (part), 2003; Ord. 2003-16 § 6 (part), 2003: Ord. 2002-25 § 6, 2002: Ord. 2000-18 § 4 (part), 2000: Ord. 96-39 § 7, 1996: Ord. 88-60 § 10, 1988; Ord. 88-25 § 5, 1988; Ord. 85-66 § 9, 1985: Ord. 85-05 § 1 (part), 1985).

24.10.606 USE DETERMINATION.

(Ord. 2000-18 § 4 (part), 2000: Ord. 85-05 § 1 (part), 1985).

24.10.608 DISTRICT REGULATIONS.

1. General.


Provision	Dwelling Unit Type
Provision	One-Family Detached	Duplex	3 or more units	Other Uses
a. Maximum Height of Buildings
• Number of Stories	2	2	3	3
• Principal buildings (feet)	30	30	36	36
• Accessory buildings (feet)	15	15	15	15
b. Minimum lot area (net) (square feet)	5,000	5,000	8,000	8,000
c. Minimum lot area (net) per dwelling unit (square feet)	5,000	2,500	1,450	–
d. Minimum lot width (feet)	50	50	65	65
e. Usable open space per dwelling unit (square feet)	–	–	400	–

2. Setback Requirements.

b. The minimum rear setback shall be ten feet, or one foot of setback for each three feet of height, or portion thereof, of structure, whichever is greater.

c. The minimum side yard setback shall be five feet for the first story and one foot of setback for each three feet of height, or portion thereof, of structure, whichever is greater for the second story and above.

d. There shall be no side yard required for townhouses, or interior lots except there shall be a minimum side yard setback at the interior end of a townhouse group of five feet or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.

e. The minimum exterior side yard setback shall be eight feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.

f. The Minimum Distance Between Buildings on the Same Lot. Between main buildings, including accessory dwelling units, shall be ten feet, or one foot of setback for each two feet of height of the tallest building, or portion thereof, whichever is greater; between main buildings and one-story accessory buildings, six feet; between accessory buildings, six feet.

g. For any attached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line.

(Ord. 2003-02 § 2, 2004: Ord. 2000-18 § 4 (part), 2000: Ord. 88-41 § 2, 1988; Ord. 88-24 § 5, 1988: Ord. 85-05 § 1 (part), 1985).

Part 7B: R-T(B) SUBDISTRICT B – MOTEL RESIDENTIAL

24.10.610 PURPOSE.

The purpose of Subdistrict B is to establish and control uses to ensure a compatible mixture of uses addressing the needs of residents and tourists. Dominant uses contemplated are motel and medium-density residential uses. To encourage development which is attractive to both permanent residents and tourists, emphasis will be placed on compatibility of design, landscaping, and a comprehensive review of site planning in compliance with the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.

(Ord. 2000-18 § 5 (part), 2000: Ord. 85-05 § 1 (part), 1985).

24.10.611 PRINCIPAL PERMITTED USES.

1. Accessory dwelling units subject to the provisions of Chapter 24.16 Part 2.

(Ord. 2003-17 § 7 (part), 2003: Ord. 2003-16 § 7 (part), 2003).

24.10.612 USE PERMIT REQUIREMENTS.

a. Multiple dwellings, townhouse dwelling groups, and condominiums, nine units or fewer (830).

b. Single-family and duplex dwellings (800, 810).

c. Storage and equipment structures.

d. Temporary structures and uses.

e. The providing of board and room for not more than two paying guests per dwelling unit, when located within principal building.

f. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.

g. Wireless telecommunication facilities, subject to the regulations in Part 15 of Chapter 24.12.

a. Coffee shops subject to the live entertainment regulations in Part 2 of Chapter 24.12 (280g).

b. Large community care facilities (850e).

c. Large family daycare facilities (510a).

d. Motel, hotel and bed-and-breakfast inn uses subject to annual business license review (300).

e. Multiple dwellings, townhouse dwelling groups, and condominiums, ten units or more (840).

f. Public and private commercial parking (940, 950).

g. Public and private noncommercial recreation areas, buildings and facilities such as parks (710).

h. Public and quasi-public buildings and uses of an administrative, recreational, religious, cultural or public utility or service nature; but not including corporation yards, storage or repair yards, and warehouses (500, 510, 530, 540, 570).

i. Retirement homes or centers (850b).

(Ord. 2005-30 § 1, 2005: Ord. 2005-15 § 5, 2005: Ord. 2004-27 § 4, 2004: Ord. 2004-02 § 4, 2004: Ord. 2003-17 § 7 (part), 2003; Ord. 2003-16 § 7 (part), 2003: Ord. 2002-25 § 7, 2002: Ord. 2002-02 § 1 (part), 2002: Ord. 2000-18 § 5 (part), 2000: Ord. 96-39 § 8, 1996: Ord. 93-21 § 1, 1993; Ord. 88-60 § 11, 1988; Ord. 88-25 § 6, 1988; Ord. 85-66 § 10, 1985: Ord. 85-05 § 1 (part), 1985).

24.10.614 USE DETERMINATION.

Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing principal permitted uses, and which will not impair the present or potential use of adjacent properties, may be permitted. A use permit shall be required and processed pursuant to Part I, Chapter 24.08, Use Permits, of this title.

(Ord. 2000-18 § 5 (part), 2000: Ord. 85-05 § 1 (part), 1985).

24.10.616 DISTRICT REGULATIONS.

1. General.


Provision	Dwelling Unit Type Medium Density Residential
Provision	One-Family Detached	Duplex	3 or more units	Other Uses
a. Maximum Height of Buildings
• Number of Stories	2	2	3	3
• Principal buildings (feet)	30	30	36	36
• Accessory buildings (feet)	15	15	15	15
b. Minimum lot area (net) (square feet)	5,000	5,000	8,000	8,000
c. Minimum lot area (net) per dwelling unit (square feet)	5,000	2,500	1,450	–
d. Minimum lot width (feet)	50	50	65	65
e. Usable open space per dwelling unit (square feet)	–	–	400	–

2. Setback Requirements.

a. The minimum front yard setback shall be fifteen feet or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater; except that the front yard may be reduced to not less than six feet for a portion not to exceed fifty percent of the building frontage, providing that a total of ten square feet of front yard is provided for each lineal foot of total lot frontage. Such reduction of front yard depth shall not be permitted on a corner lot, within twelve feet of any side street lot line.

b. The minimum rear setback shall be ten feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.

c. The minimum side yard setback shall be five feet for the first story and one foot of setback for each three feet of height, or portion thereof, of structure, whichever is greater, for the second story and above.

d. There shall be no side yard required for townhouses on interior lots except there shall be a minimum side yard setback at the interior end of a townhouse group of five feet or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.

e. The minimum exterior side yard setback shall be eight feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.

g. For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line.

3. Other Requirements. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12. and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.

(Ord. 2004-02 § 5, 2004: Ord. 2000-18 § 5 (part), 2000: Ord. 88-41 § 3, 1988; Ord. 88-24 § 6, 1988: Ord. 85-05 § 1 (part), 1985).

Part 7B.1: R-T (B)/PER – MOTEL RESIDENTIAL PERFORMANCE OVERLAY

24.10.617.1 PURPOSE.

The purpose of the Motel Residential Performance Overlay district is to establish and control uses to ensure development which protects neighborhood integrity while supporting appropriate uses. The goal of the RTB/PER District is to limit the future development of hotel or motel rooms in the district, but to allow ancillary hotel support facilities as well as additional residential development.

(Ord. 2000-18 § 9 (part), 2000).

24.10.617.2 USE PERMIT REQUIREMENT.

The overlay district allows all of the uses identified in the underlying RTB zone with the exception that new motel or hotel rooms will not be allowed.

The following uses are allowed in the overlay district subject to a Special Use Permit and a Design Permit, in compliance with the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.

a. Indoor and outdoor recreation facilities and other facilities related to existing hotel or motel facilities.

b. Bed and Breakfast Inns.

(Ord. 2000-18 § 9 (part), 2000).

24.10.617.3 DISTRICT REGULATIONS.

1. General.


	Dwelling Unit Type
Provision	One-Family Detached	Duplex	3 or more units	Other Uses
a. Maximum Height of Buildings
• Number of Stories	2	2	3	3
• Principal buildings (feet)	30	30	36	36
• Accessory buildings (feet)	15	15	15	15
b. Minimum lot area (net) (square feet)	5,000	5,000	8,000	8,000
c. Minimum lot area (net) per dwelling unit (square feet)	5,000	2,500	1,450	–
d. Minimum lot width (feet)	50	50	65	65
e. Usable open space per dwelling unit (sq. ft.)	–	–	400	–

2. Setback Requirements.

b. The minimum rear setback shall be ten feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.

e. The minimum exterior side yard setback shall be eight feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.

g. For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line.

3. Other Requirements. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12, and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan. In addition, development on sites located within the district which fronts on West Cliff Drive shall conform to design standards governing development on West Cliff.

4. Siting.

a. Development shall be designed to create plazas and pedestrian spaces featuring amenities such as shade, benches, outdoor dining, fountains, gardens and performance spaces.

b. Building facades shall be articulated with wall offsets, recesses openings ornamentation, and appropriate colors and materials to add texture and detail to the streetscape.

c. Any third story element of residential or support development shall be stepped back from the two story element by at least 15 feet, from the property lines at the streets.

d. Buildings design shall be encouraged to include significant building modulation and roof form articulation as specified within the Design Guidelines.

e. All required front setback areas shall be landscaped in accordance with the standards or the Design Guidelines.

5. All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.

(Ord. 2000-18 § 9 (part), 2000).

Part 7C: R-T(C) SUBDISTRICT C – BEACH COMMERCIAL

24.10.618 PURPOSE.

The purpose of the R-T(C) Subdistrict is to establish standards for development of residential uses mixed with neighborhood commercial, motel, and regional tourist commercial use. These standards are designed both to improve existing uses and encourage new developments in a manner that maintains a harmonious balance between residential and regional commercial uses. It is the intent of this zoning that preservation of La Bahia be conducted in accordance with the measures described in the certified final Environmental Impact Report for the Beach and South of Laurel Comprehensive Area Plan.

(Ord. 2000-18 § 7 (part), 2000: Ord. 93-21 § 2, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.619 PRINCIPAL PERMITTED USES.

1. The following uses are allowed, subject to a Design Permit and other requirements of the Municipal Code. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses.)

a. Food and beverage stores (except liquor stores) (240);

b. Motel, hotel, and bed-and-breakfast inn uses subject to annual business license review (300);

c. One or two multiple-family units when located above the first floor of permitted commercial uses with no additional parking required (820);

d. Off-site parking fewer than five spaces (930);

e. Small family day care facility in single-family home or duplex;

f. Eating and drinking establishments without alcohol sales and subject to the live entertainment regulations in Part 2 of Chapter 24.12 (280).

2. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, accessory buildings, and Section 24.10.620.

(Ord. 2005-30 § 2 (part), 2005: Ord. 2000-18 § 7 (part), 2000: Ord. 96-39 § 9, 1996: Ord. 93-21 § 3, 1993).

24.10.620 USE PERMIT REQUIREMENT.

(1) The following uses require an administrative use permit and design permit and are subject to other applicable requirements of the Municipal Code. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses.)

(a) Accessory buildings containing plumbing fixtures subject to provisions of Section 24.12.140;

(b) Acting/art/music/dance/studios/schools (610);

(d) Churches (500);

(e) Community organizations, associations, clubs and meeting halls (570);

(f) Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B);

(g) Developed parks (710);

(h) Undeveloped parks and open space (700);

(i) Eating and drinking establishments (except bars and fast-food restaurants) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);

(j) Educational facilities (public/private) (510);

(k) General merchandise stores (drug and department stores) (230);

(l) Government and public agencies (530);

(m) Home furnishings (270);

(n) Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B);

(o) Mixed residential, and commercial developments when multiple family units are located above first floor of commercial uses, subject to the R-T(A) District regulations (830);

(p) Multiple dwellings, townhouse dwelling groups and condominiums (three to nine units) subject to the R-T(A) District regulations (830);

(q) Museum and art galleries (600);

(r) Professional offices associated with a visitor-serving use (400);

(s) Repairs, alterations, maintenance services to household items (except boat repair) (340);

(t) Single-room occupancy (SRO) housing, fifteen units or fewer (860);

(u) Specialty retail supply stores (290);

(v) Temporary structures and uses;

(w) Video rental (360B);

(x) Sports and recreation facilities, without alcohol sales (720);

(y) Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12.

(2) The following uses require a special use permit and design permit and are subject to other applicable requirements of the municipal code. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses.)

(a) Bars/taverns subject to alcohol regulations in Part 12 of Chapter 24.12 (280C);

(b) Communication and information (550);

(d) Fast-food restaurants subject to alcohol regulations in Part 12 of Chapter 24.12 (280H);

(e) Professional offices (400), except as associated with a visitor-serving use;

(f) Multiple dwellings, townhouse dwelling groups and condominiums ten units or more subject to the R-T(A) District regulations (840);

(g) Marine facilities and related uses (560E):

(i) Related research facilities (400L);

(ii) Related storage and warehousing (330);

(iii) Fish/seafood wholesale sales (200F);

(h) Mixed residential and commercial developments with non-commercial uses on the ground floor, subject to the R-T(A) District regulations (830);

(i) Nightclubs/music halls, subject to live entertainment and alcohol regulations in Part 12 of Chapter 24.12 (630);

(j) Off-site public/private parking facilities, five or more spaces (930);

(k) Single-family residences if lot size does not allow multifamily development (800);

(l) Single-room occupancy (SRO) housing, sixteen units or more (860);

(m) Sports and recreation facilities subject to alcohol regulations in Part 12 of Chapter 24.12 (720);

(n) Theaters (620);

(o) Utilities and resources (540);

(p) Professional offices (400);

(q) Duplexes (810);

(r) Personal services (except contractors yards and mortuaries) (310);

(s) Triplexes (820);

(t) Educational facilities (public/private) (510);

(u) Financial, insurance, real estate offices (420);

(v) Medical/health offices (410).

(Ord. 2005-30 § 2 (part), 2005: Ord. 2005-15 § 6, 2005: Ord. 2004-27 § 5, 2004: Ord. 2000-18 § 7 (part), 2000: Ord. 96-39 § 10, 1996: Ord. 96-08 § 1, 1996: Ord. 95-04 § 1, 1995: Ord. 93-21 § 4, 1993; Ord. 89-39 § 3, 1989; Ord. 88-60 § 12, 1988; Ord. 88-41 § 4, 1988; Ord. 88-26 § 1, 1988; Ord. 88-25 § 7, 1988; Ord. 87-22 § 1, 1987; Ord. 85-66 § 12, 1985: Ord. 85-05 § 1 (part), 1985).

24.10.622 USE DETERMINATION.

(Ord. 2000-18 § 7 (part), 2000: Ord. 85-05 § 1 (part), 1985).

24.10.624 DISTRICT REGULATIONS.

1. General.


Provision		Dwelling Unit Type
Provision		One-Family Detached	Duplex	3 or More Units	Other Uses
a.	Maximum Height of Buildings
	• Number of Stories	2	2	3	3
	• Principal buildings (feet)	30	30	36	36
	• Accessory buildings (feet)	15	15	15	15
b.	Minimum lot area (net) (square feet)	5,000	5,000	8,000	5,000
c.	Minimum lot area (net) per dwelling unit (square feet)	5,000	2,500	1,450	–
d.	Minimum lot width (feet)	50	50	65	65
e.	Usable open space per dwelling unit (square feet)	–	–	400	–

2. Other Requirements.

a. When located across a street from Subdistrict A, parking and loading facilities shall be at least ten feet distant from said property line, and buildings and structures at least fifteen feet from said property line.

b. The minimum distance between buildings on the same lot shall be ten feet, or one foot of setback for each two feet of height of, or portion thereof, a structure, whichever is greater.

c. For any attached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line, to the entrance of the garage.

d. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12.

e. Height:

e.1. Maximum Building Height: Uninhabitable mechanical penthouses shall be limited to ten percent of the roof area and will be permitted an additional ten-foot height allowance; provided, that they are set back from the face of the building by a minimum of twenty feet so as not to be visible by pedestrians.

• Architectural elements such as bell towers, spires, turrets, cupolas, chimneys, dormers, flag poles, etc., are limited to fifteen percent of the roof area and may extend ten feet above the height limitation, subject to design permit review.

e.2. Minimum Building Height: Not less than two stories, of which the first floor retail, restaurant and entertainment uses must have a minimum floor-to-floor height of fifteen feet.

f. Design: All development must be in compliance with adopted design guidelines. Regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12 and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.

f.1. The design of all new structures shall be based upon “Spanish Colonial Revival” architecture as well as Mission Revival and Mediterranean architecture as described in the design guidelines. “Fantasy Victorian” is encouraged for recreational and entertainment development.

f.2. Buildings shall be designed with stucco walls, courtyards, arches, towers, balconies, wood doors and windows, or appropriate materials that emulate the scale, proportions and look of wood, decorative iron and tile details or other features typical of Spanish Colonial Revival style.

f.3. Building forms shall suggest thick masonry reminiscent of Spanish Colonial Revival architecture and incorporate features such as recessed doors and windows.

f.4. Building walls shall be stucco and colored white, off-white or very light value, warm-toned hues. Multiple color combinations may be used, provided they are subtle and consist of a limited number of colors. Variations in shade or tone can be used to articulate architectural features.

f.5. Roofs shall be hipped terra cotta tile roofs or flat roofs completely surrounded by a parapet. This parapet shall incorporate curvilinear decorative shapes and moldings.

f.6. Flat roofed buildings shall incorporate porches, window overhangs, trellises, wall and opening articulation or other features to avoid a bare-box appearance.

g. Siting:

g.1. Development shall be designed to create plazas and pedestrian spaces featuring amenities such as shade, benches, outdoor dining, fountains, gardens and performance spaces.

g.2. All store fronts, theater entries, and hotel lobbies shall be located along streets, plazas, courtyards, or sidewalks in order to create visual interest to the pedestrian.

g.3. Building facades shall be articulated with wall offsets, recesses, openings, ornamentation, and appropriate colors and materials to add texture and detail to the streetscape.

h. Accessibility:

h.1. All retail uses must be directly accessible from a sidewalk, plaza, courtyard or other public open spaces.

h.2. Access must be aesthetically integrated within the development.

i. Setbacks: Development on this site should be designed to encourage and support activities that unify both sides of Beach Street. For that reason, development shall be required to build to the property line adjacent to Beach Street. Significant planter boxes and other narrowscape concepts should be used to soften this edge but provide active pedestrian access.

j. Parking:

j.1. Surface or structured parking may be constructed if the parking is visually screened and/or separated from the street by commercial development of at least fifty feet in depth.

j.2. Parking structure exteriors shall maintain the same high-quality architectural design and construction standards as all other commercial buildings.

• The large scale and mass of parking structures shall be alleviated through wall offsets, pilasters, arched openings and other distinctive design elements.

• Decorative elements such as cornices, balustrades, finish materials, colors and lighting shall be used to add interest and integrate the structures within the design character of the area.

j.3. Parking shall not be the dominant visual element of the site. Existing and/or expanded surface parking which is visible from the street or other areas exposed to public view must be screened and softened by landscaping, low screen wall or a combination of these elements.

j.4. Surface lots must be planted with trees to reduce heat and glare, that include at least fifteen percent of the surface area to provide visual relief from broad expanses of paving. Shade trees shall be planted around the perimeter and within the lot.

j.5. Off-site parking may be permitted within this subdistrict if:

• The city establishes a parking district for the area, the district develops a suitable parking facility, and the development pays an in-lieu parking fee; or

• The development identifies and develops a suitable permanent parking facility; or

• The development secures and provides evidence of a long-term lease from a suitable permanent parking facility.

k. Landscaping:

k.1. Interior courtyards and passages are encouraged and shall be planted with colorful perennial and annual plant species. A combination of trees, shrubs and groundcovers shall be used to frame, soften and embellish the quality of the development, to screen undesirable views and to define development boundaries. Landscaping shall be maintained in an attractive condition.

k.2. Permanent containers for flowering plants, such as window boxes and planters, are encouraged for use in limited space areas, at entries and in courtyards and plazas, and along the frontages of Beach Street and Riverside Avenue.

l. Transit: All development proposals within the RTC shall:

• discourage employee automotive use by instituting one or more of the following: carpooling requirements, transit subsidies, employee shuttle service, and/or

• provide a contribution and/or cost-sharing for shuttle and/or parking such as on the depot site.

3. All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.

(Ord. 2007-24 § 1, 2007: Ord. 2006-10 § 2, 2006: Ord. 2002-41 § 1, 2002: Ord. 2000-23 § 2, 2000: Ord. 2000-18 § 8 (part), 2000).

24.10.624.1 FINDINGS REQUIRED.

In addition to required Use and Design Permit findings, any development permit must also meet the following findings. The proposed project:

1. Can be coordinated with existing and proposed development of the surrounding areas, and, if appropriate, particularly addressing the issue of transition to the adjacent RTA and RTB neighborhoods; and

2. Shall provide the amenity level of the development, the quality of architecture, and the landscaping to meet the requirements listed above.

3. Shall be found to contribute to the overall economic health, vitality and general mix of uses in the beach area by providing diverse retail and merchandising for the area.

(Ord. 2000-18 § 7 (part), 2000).

Part 7C.1: R-T(C)/PER: SUBDISTRICT C – BEACH COMMERCIAL/PERFORMANCE OVERLAY ZONE

24.10.625.0 PURPOSE.

The purpose of the Beach Commercial Performance Overlay Zone is to identify areas of critical public interest in the Beach Commercial Area, and to provide regulations and standards necessary to achieve planning goals for development and/or redevelopment in a manner which protects neighborhood integrity while stimulating appropriate economic development.

The goal of RTC/PER is to promote the General Plan policy for the development of regional visitor serving uses in the Beach Area while accomplishing the directives of the adopted Beach and South of Laurel Comprehensive Area Plan. The Beach Commercial Performance Overlay zone establishes the requirement that a master plan for the entire 7.5 acre site developed under the Planned Development process before any new buildings are constructed on the site.

(Ord. 2000-18 § 8 (part), 2000).

24.10.625.1 INTENT OF THE ZONE.

The RTC/PER is designed to accomplish the following:

(a) To incorporate a public process to ensure that development meets adopted public policy goals in terms of uses, design and public benefits;

(b) To permit a flexible development response to the local market as well as the regional visitor market, and to allow for the development of a variety of land uses and public activities to meet the needs and requirements of visitors, residents and workers;

(d) To encourage design which produces a desirable relationship between the development on this site and adjacent residential and commercial areas;

(e) To ensure conformance with the approved “Beach Commercial Design Guidelines” regarding facades, public spaces, location of store fronts, architectural variation, height, rooflines, and landscaping; and

(f) To allow change of use of existing buildings on the site that comply with the following permit requirements.

(Ord. 2000-18 § 8 (part), 2000).

24.10.625.2 APPLICABILITY.

The RTC/PER overlay zone shall be applied to all the parcels that comprise the Main Beach Parking lot, which is bounded by Beach Street, Riverside Avenue, Second and Cliff Streets and shall be subject to a community based planning process that is carried out to review the proposed uses, densities and design of proposed development within the Overlay district through a Planned Development process subject to the criteria and standards established by the Performance Overlay Zone. This process should take into account the proposed development’s potential to meet the city’s adopted economic development goals as well as neighborhood conservation goals for the area; its compliance with Local Coastal Zone policy and adopted design guidelines, and identify the benefits of the proposed project.

(Ord. 2000-18 § 8 (part), 2000).

24.10.625.3 USE PERMIT REQUIREMENT.

1. The following uses are permitted subject to an Administrative Use Permit, a Design Permit and other requirements of the Municipal Code. The goal is to provide a continuity of activity and interest which will integrate existing commercial uses along Beach Street and the Boardwalk more fully. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes.)

a. Retail uses, including stores, shops, specialty shops, and neighborhood convenience retail, excluding department stores or discount malls up to a total of 125,000 square feet for the district (230, 250, 290).

b. Eating establishments, not including drive-up or drive-in services, subject to live entertainment and alcohol regulations of Chapter 24.12 (280).

c. Off-site parking with fewer than five spaces (930).

d. Food and beverage stores (except liquor stores) (240).

e. Acting/art/music/dance/photography studios/schools (610) if such establishments are in compliance with the Design Guidelines and active people-orient uses are located adjacent to the street.

f. Administrative offices ancillary to a permitted use, if:

• offices in new structures are screened on street frontage by retail/recreational, and/or active people-oriented uses of at least 25 feet in depth, or

• offices in existing structures do not create a significant break in pedestrian activity and storefront continuity along the street, and are landscaped according to the Design Guidelines.

g. Indoor recreational uses and sports and health clubs, provided that the storefront adjacent to the street is designed in compliance with the guidelines, and active people oriented uses are located adjacent to the street (720).

h. Temporary structures and uses.

2. The following uses are subject to approval of a Special Use Permit, a Design Permit and other requirements of the Municipal Code:

a. Public performance space, art galleries and/or museums which are open to the public (600, 610).

b. Lodging, hotel development provided it incorporates specialty boutiques and/or restaurant(s) on the ground floor, and does not create a significant break in pedestrian activity and storefront continuity along the street (300).

c. Off-site public/private parking facilities, five or more spaces (930), so long as the total width of access to the facility is not more than 50 feet in width on any one street frontage, provided the parking is visually screened and separated from the street, and that access is designed in a manner not to disrupt retail continuity along Beach Street.

d. Residential development, located above the first floor of commercial uses, not to exceed 30 dwelling units/acre, if it includes a mixture of unit types (e.g. variety of unit sizes) and if 15% of the total number of units are affordable in accordance with Chapter 24.16 of the zoning regulations.

e. Theater and cinemas; exhibit space and libraries, auditoriums and conference space, providing significant pedestrian activity and storefront continuity is provided along the streets, (550g, 570b, 570c, 600, 620)

f. Live performing arts theaters or nightclub establishments providing live entertainment with stage/performance areas greater than 80 square feet or permitting dancing and establishments serving alcoholic beverages; provided, that the storefront is designed in compliance with design guidelines and to include active people-oriented activities of visual interest to the pedestrian and subject to acoustical studies indicating that such uses can achieve the city’s existing noise standards (630).

(Ord. 2005-30 § 3, 2005: Ord. 2000-18 § 8 (part), 2000).

24.10.625.4 USE DETERMINATION.

(Ord. 2000-18 § 8 (part), 2000).

24.10.625.5 DISTRICT REGULATIONS.

These regulations apply to all development within the RTC/PER overlay district.

1. General.

a. Maximum allowable development of uses other than structured parking within the RTC/PER Overlay District may not exceed one hundred twenty-five thousand square feet. Additionally, in those cases where the project includes a conference/hotel facility, a public performance center, or other publicly beneficial use, and where it is determined that a project’s potential contributes in an exceptional manner to the city’s adopted economic development and quality architectural design goals, and it is additionally determined that the project will provide a public benefit in the form of a significant public improvement of the area, then the project may be considered for an increase in permitted square footage, as determined through a public process, with an amendment to the Beach and South of Laurel Area Plan.

b. Maximum lot coverage by building development, exclusive of facilities meeting parking requirements, may not exceed fifty percent of lot area.

c. Minimum Public Use and/or Open Performance Space (percent of lot area): Not less than ten percent of the gross site area. Publicly accessible space in courtyards and plazas may be included in this calculation.

2. Other Requirements/Standards.

a. Height:

a.1. Maximum Building Height: Not to exceed thirty-six feet, unless twenty-five percent of the net lot area is dedicated public use and/or public performance space, then the maximum building height may not exceed forty-eight feet. Additionally, in those cases where the project includes a conference/hotel facility, a public performance center, or other publicly beneficial use, and where it is determined that a project’s potential contributes in an exceptional manner to the city’s adopted economic development and quality architectural design goals, and it is additionally determined that the project will provide a public benefit perceived in the form of a significant public improvement of the area, then the project may be considered for an increase in permitted height not to exceed forty-eight feet, with an amendment to the Beach and South of Laurel Area Plan. Uninhabitable mechanical penthouses shall be limited to ten percent of the roof area and will be permitted an additional ten-foot height allowance; provided, that they are set back from the face of the building by a minimum of fifteen feet so as not to be visible by pedestrians.

• Development eligible for additional height must step back a minimum of fifteen feet from the face of the base height of thirty-six feet except for architectural elements at the street intersections, so as to maintain the visual impression of a three-story facade on the street.

a.2. Minimum Building Height: Not less than two stories, of which the first floor retail, restaurant and entertainment uses must have a minimum floor-to-floor height of fifteen feet.

b. Design: All development must be in compliance with adopted Design Guidelines. Regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12 and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.

b.1. The design of all new structures be based upon Spanish Colonial Revival architecture as well as Mission Revival and Mediterranean architecture as described in the Design Guidelines. “Fantasy Victorian” is encouraged for recreational and entertainment development.

b.2. Buildings shall be designed with stucco walls, courtyards, arches, towers, balconies, wood doors and windows, or appropriate materials that emulate the scale, proportions and look of wood, decorative iron and tile details or other features typical of Spanish Colonial Revival style.

b.3. Building forms shall suggest thick masonry reminiscent of Spanish Colonial Revival architecture and incorporate features such as recessed doors and windows.

b.4. Building walls shall be stucco and colored white, off-white or very light value, warm-toned hues. Multiple color combinations may be used, provided they are subtle and consist of a limited number of colors. Variations in shade or tone can be used to articulate architectural features.

b.5. Roofs shall be hipped terra cotta tile roofs or flat roofs completely surrounded by a parapet. This parapet shall incorporate curvilinear decorative shapes and moldings.

b.6. Flat-roofed buildings shall incorporate porches, window overhangs, trellises, wall and opening articulation or other features to avoid a bare-box appearance.

c. Siting:

c.1. Development shall be designed to create plazas and pedestrian spaces featuring amenities such as shade, benches, outdoor dining, fountains, gardens and performance spaces.

c.2. All store fronts, theater entries, and hotel lobbies shall be located along streets, plazas, courtyards, or sidewalks in order to create visual interest to the pedestrian.

c.3. Building facades shall be articulated with wall offsets, recesses, openings, ornamentation, and appropriate colors and materials to add texture and detail to the streetscape.

d. Accessibility:

d.1. All retail uses must be directly accessible from a sidewalk, plaza, courtyard or other public open spaces.

d.2. Access must be aesthetically integrated within the development.

e. Setbacks: Development on this site should be designed to encourage and support activities which unify both sides of Beach Street, integrating the Boardwalk/Casino with the Main Beach lot development. Development shall be required to build to the property lines adjacent to Beach Street and Riverside Avenue. Significant planter boxes and other narrowscape concepts should be used to soften this edge but provide active pedestrian access.

e.1. On Beach Street and Riverside Avenue front line setbacks, not to exceed fifteen feet in depth, may be permitted if it is designed to incorporate active outdoor uses, such as outdoor dining or public seating and/or landscaping.

e.2. A fifteen-foot landscaping setback/buffer is required on Second Street.

e.3. A ten-foot landscaping setback/buffer is required along Cliff Street.

f. Parking:

f.1. On Beach Street, Cliff Street and Riverside Avenue, surface or structured parking may be constructed if the parking is visually screened and separated from the street by commercial development of at least fifty feet in depth.

f.2. On Second Street, surface or structured parking may be constructed if the parking is visually screened and separated from the street by a fifteen-foot landscape buffer in conjunction with, or in place of, commercial development.

f.3. Parking structure exteriors shall maintain the same high-quality architectural design and construction standards as all other commercial buildings.

• The large scale and mass of parking structures shall be alleviated through wall offsets, pilasters, arched openings and other distinctive design elements.

• Decorative elements such as cornices, balustrades, finish materials, colors and lighting shall be used to add interest and integrate the structures within the design character of the area.

f.4. Parking shall not be the dominant visual element of the site. Existing and/or expanded surface parking which is visible from the street or other areas exposed to public view must be screened and softened by landscaping, low screen wall, or a combination of these elements.

f.5. At least fifteen percent of the surface area of surface parking lots must be planted with trees to reduce heat and glare and to provide visual relief from broad expanses of paving. Shade trees shall be planted around the perimeter and within the lot.

g. Landscaping:

g.1. Interior courtyards and passages are encouraged and shall be planted with colorful perennial and annual plant species. A combination of trees, shrubs and groundcovers shall be used to frame, soften and embellish the quality of the development, to screen undesirable views and to define development boundaries. All landscaping shall be maintained in an attractive condition.

g.2. Permanent containers for flowering plants, such as window boxes and planters, are encouraged for use in limited space areas, at entries and in courtyards and plazas, and along the frontages of Beach Street and Riverside Avenue.

h. Transit: All development proposals within the Performance Overlay Zone shall:

• discourage employee automotive use by instituting one or more of the following: carpooling requirements; transit subsidies; employee shuttle service; and

• provide a contribution and/or cost-sharing for shuttle and/or parking such as on the depot site.

Within the requirements above, certain exceptions may be considered as part of the design review process in order to encourage quality development and the provision of public facilities and amenities only if all relevant permit findings can be made.

4. If new development on the Main Beach parking lot is incompatible with retention of the historic cottages located on the eastern portion of the site, relocate the cottages to another appropriate site or sites within the city or the county of Santa Cruz (unless deemed infeasible by the city’s chief building official), with preference given to relocating the cottages within the Beach and South of Laurel area.

(Ord. 2007-24 § 2, 2007: Ord. 2006-10 § 2, 2006: Ord. 2002-41 § 1, 2002: Ord. 2000-23 § 2, 2000: Ord. 2000-18 § 8 (part), 2000).

24.10.625.6 PROCEDURE.

It is the intent of the RTC/PER overlay to encourage comprehensive master planning, following either the Planned Development or Area Plan process outlined in the city Zoning Ordinance. For this reason, all new development in the RTC/PER overlay shall require a pre-application review by city staff prior to submittal of a formal application. The intent is to review proposed plans at the conceptual stage, thereby enabling city staff to provide feedback on recommended site design elements, compatibility with other existing and planned uses within the RTC/PER overlay, and to identify other land use issues which may arise. Following the preapplication process the applicant shall submit for either an Area Plan or a Planned Development subject to the design criteria listed in the RTC/PER overlay zone, to achieve the desire to accommodate a community-based planning process identified in the Beach and South of Laurel Comprehensive Area Plan.

(Ord. 2000-18 § 8 (part), 2000).

24.10.625.7 FINDINGS REQUIRED.

In addition to required Use and design permit findings any development permit, must also meet the following findings. The application:

1. Can be coordinated with existing and proposed development of the surrounding areas, and, if appropriate, particularly addressing the issue of transition to the adjacent RTD, and RTE neighborhoods.

2. Provides an amenity level of the development, the quality of architecture, and the landscaping required by the above standards.

(Ord. 2000-18 § 8 (part), 2000).

Part 7D: R-T(D) SUBDISTRICT D – BEACH RESIDENTIAL

24.10.626 PURPOSE.

The purpose of Subdistrict D is to conserve, protect and enhance the beach residential character of the subdistrict and provide a suitable environment for residents. To preserve the small scale and enhance the historic beach cottage character of this subdistrict, and to ensure that new residential land uses are compatible, permanent and of a high quality, all new development will be reviewed in compliance with the Beach Flats Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan and the Conservation Neighborhood Overlay requirements.

(Ord. 2000-18 § 1 (part), 2000: Ord. 85-05 § 1 (part), 1985).

24.10.627 PRINCIPAL PERMITTED USES.

1. The following uses are permitted, subject to a design permit, Conservation Overlay District (Section 24.10.4000) and other requirements of the Municipal Code. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses.)

a. Single-family and duplexes (800, 810);

b. Storage and equipment structures, if ancillary to principal residential use;

c. Small family day care facility in single-family home or duplex (510a);

d. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings.

e. Accessory dwelling units subject to the provisions of Chapter 24.16 Part 2, except accessory dwelling units are not subject to approval of a design permit.

(Ord. 2003-17 § 8 (part), 2003: Ord. 2003-16 § 8 (part), 2003: Ord. 2000-18 § 1 (part), 2000).

24.10.628 USE PERMIT REQUIREMENT.

a. Small community care residential facilities.

b. Temporary structures and uses.

c. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.

d. Accessory dwelling units subject to the provisions of Chapter 24.16 Part 2, except that accessory dwelling units are not subject to approval of a design permit.

a. Bed-and-breakfast inns, subject to the requirements contained in Part 9, Chapter 24.12. (300c)

b. Community care facilities. (850e)

c. Large family daycare facilities. (510a)

d. Multiple dwellings, townhouse dwelling groups, and condominiums, three units or more. (830, 840)

e. Public and private noncommercial recreation areas, buildings and facilities such as parks. (710)

f. Public and quasi-public buildings and uses including administrative, recreational, educational, religious, cultural, public utility or public service uses; but not including yards, storage or repair yards, and warehouses. (500, 510, 530, 540, 570)

g. Retirement homes or centers. (850b)

(Ord. 2005-15 § 7, 2005: Ord. 2003-17 § 8 (part), 2003: Ord. 2003-16 § 8 (part), 2003: Ord. 2002-25 § 8, 2002: Ord. 2000-18 § 1 (part), 2000: Ord. 85-05 § 1 (part), 1985).

24.10.630 USE DETERMINATION.

(Ord. 2000-18 § 1 (part), 2000: Ord. 85-05 § 1 (part), 1985).

24.10.632 DISTRICT REGULATIONS.

1. General.


Provision		Dwelling Unit Type
Provision		One-family detached	Duplex	Triplex	4 or more units	Other uses
a.	Height of buildings
	• Principal (stories and feet)	2 & 22	2 & 22	2-1/2 & 22	2-1/2 & 30	2-1/2 & 30
	• Accessory (stories and feet)	1 & 15	1 & 15	1 & 15	1 & 15	1 & 15
b.	Minimum lot area (net) (square feet)	3,000	3,600	7,200	8,000	8,000
c.	Minimum lot area (net) per dwelling unit (square feet)	–	1,800	1,600	1,600	–
d.	Minimum lot width (feet)	40	40	80	80	80
e.	Usable open space per dwelling unit (square feet)	–	400	400	400	–


		Dwelling Units
		First Story	Second Story	Other Uses
f.	Front yard (feet)	5*	10*	10*
g.	Rear yard (feet)	10	15	15
h.	Side yard each side (feet)	4	4	4
	or: one side (feet)	0	0	0
	Total both sides (feet)	10	10	10
i.	Exterior side yard (feet)	5*	5*	5*

* For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line.

2. Minimum Distance Between Buildings on the Same Lot. Between main buildings, including accessory dwelling units, ten feet or one foot of setback for each two feet of height of the tallest building, or portions thereof, whichever is greater; between main buildings and one-story accessory buildings, six feet; between accessory buildings, six feet.

3. Other Requirements/Standards:

a. Design: All development is subject to a design permit and must be in compliance with adopted Design Guidelines. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12 and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.

a.1. New buildings shall employ California Bungalow or Victorian architectural style as a basis for design.

a.2. Buildings shall be similar in scale and form to existing structures and shall incorporate vernacular characteristics, such as pitched gabled roofs, proportionally large overhangs, exposed roof beams and rafter tails, vertically oriented multi-paned windows and front porches.

a.3. Buildings shall be wood frame construction with horizontal wood siding.

a.4. Roof forms shall be typical of the Beach Flats with appropriate steeper pitches for Victorians and lesser pitches for California Bungalow style.

a.5. Roof materials shall be composition or wood shingle.

b. Parking: All parking shall be located within the rear or at the rear of main structures, if possible. Private multi-residential parking lots shall be screened from the public right-of-way, and meet the requirements of Section 24.12.240, in addition to the following requirements:

b.1. All garages and entrances to parking areas shall be set back at least five feet from the adjacent front building setback.

b.2. On lots of forty feet or less in width of street frontage, parking access is limited to a maximum of twelve feet of width. On lots of forty feet to sixty-five feet in width, parking access is limited to a maximum of sixteen feet of width; and on lots with greater than sixty-five feet in street frontage, parking access is limited to a maximum of twenty feet.

b.3. Driveways shall be minimized in order to maximize land use efficiency and the provision of landscaping and open space.

b.4. City parking standard requirements may be reduced in the following manner: one parking space for a one bedroom unit; for two or more bedrooms, the parking requirement may be reduced fifty percent if the following provisions are met:

• at least fifty percent of new units are two bedrooms or more;

• for units which meet the city’s definition of “affordable”; and

• if development is deemed compatible with surrounding neighborhood.

c. Siting: All development shall be sited to create a harmonious streetedge, and to blend into rather than dominate the street.

c.1. Entries to individual units and groupings of units shall be located on the ground floor facing the street. These entries shall incorporate architectural and landscaping elements such as porches and arbors that visually reinforce the presence of entries.

c.2. Architectural elements, such as towers, balconies, stairs, decorative elements, etc., may be allowed to project up to fifty percent of the front yard setback requirement.

d. Height: Multiple story developments shall minimize scale through upper story setbacks, individual building elements, and other similar design techniques.

d.1. The height of buildings shall be minimized at the street, in the following manner:

• One-story elements of buildings (including porches) must be set back five feet,

• Second-story elements of buildings must be set back ten feet.

e. Landscaping, in compliance with the Design Standards, is required. Landscaping shall be maintained in an attractive condition.

e.1. Landscaping shall be designed to enhance the architectural style. All front, rear and side yards shall be fully landscaped except for areas devoted to driveways, patios, walkways or porches.

e.2. Permanent containers for flowering plants are encouraged for use in limited space areas at entries and in courtyards and plazas.

e.3. Vines and climbing plants integrated with building design and used on walls and trellises are encouraged.

e.4. Opaque garden walls are not permitted within the front yard setback to maintain the landscape continuity along the street. Fences limited to three feet in height are permitted as long as the fence is at least sixty percent open.

4. All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060, standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.

(Ord. 2007-24 § 3, 2007: Ord. 2006-10 § 3, 2006: Ord. 2000-18 § 1 (part), 2000: Ord. 85-05 § 1 (part), 1985).

24.10.633 CERTIFICATE OF OCCUPANCY REQUIRED.

In order to ensure safe and sanitary housing and rehabilitation of structures within the RT(D) District, a valid Certificate of Occupancy shall be required for each transfer of the property within the district. Certificates will not be issued for properties with a recorded Notice of Violation. Certificates will be issued when units comply with applicable codes.

(Ord. 2000-18 § 1 (part), 2000).

Part 7E: R-T(E) SUBDISTRICT E – BEACH MEDIUM/HIGH DENSITY RESIDENTIAL

24.10.635 PURPOSE.

The purpose of Subdistrict E is to encourage quality medium and/or high density multifamily residential uses in a manner which promotes excellence in building design, provides for family-oriented development, ensures compatibility with the adjacent conservation overlay zone, and limits the need for parking by encouraging use of alternative means of transportation, including the multi-modal center proposed for the depot site. All new development will be reviewed in compliance with the Beach Flats Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.

(Ord. 2000-18 § 2 (part), 2000).

24.10.636 PRINCIPAL PERMITTED USES.

1. The following uses are permitted subject to a design permit and other requirements of the Municipal Code:

a. Duplex dwellings.

b. Small family daycare.

c. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, accessory buildings.

(Ord. 2000-18 § 2 (part), 2000).

24.10.637 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit, a design permit, and other requirements of the Municipal Code:

a. Educational and cultural institutions.

b. Community care facilities.

c. Multiple dwellings, townhouse dwelling groups and condominiums, six units or fewer.

d. Single-family dwellings on substandard lots.

2. The following uses are subject to approval of a special use permit, a design permit and other requirements of the Municipal Code.

a. Multiple dwellings, townhouse dwelling groups and condominiums, seven units or more, subject to the approval of the city council upon recommendation of the zoning board.

b. Large family day care facilities.

c. Recreational buildings and community centers.

d. Public and private noncommercial recreation areas, buildings and facilities such as parks, playgrounds and basketball courts.

e. Public and private commercial parking, subject to landscaping and design standards. Non-conforming parking lots must be brought into compliance within five years of adoption of this Part 7E.

(Ord. 2005-15 § 8, 2005: Ord. 2000-18 § 2 (part), 2000).

24.10.638 USE DETERMINATION.

(Ord. 2000-18 § 2 (part), 2000).

24.10.640 DISTRICT REGULATIONS.

These regulations apply to all development within the RTE subdistrict.

1. General.


Provision		Dwelling Unit Type			Other Uses
Provision		Duplex	3+	7+	Other Uses
a.	Height of Buildings
	Maximum (stories and feet)	2 & 22	2 1/2 & 22	3 & 36	3 & 36
b.	Minimum lot area (net) (square feet)	3,400	6,800	10,200	10,200
c.	Minimum lot area (net) (square feet) per dwelling unit	1,700	1,450	1,200	–
d.	Minimum lot width (feet)	40	65	80	80
e.	Open space/dwelling unit (square feet)	400	400	400	–


Setbacks		First Story	Second Story	Third Story
f.	Front yard (feet)	5	10	10*
g.	Rear yard (feet)	10	10	10*
h.	Side yard, each side (feet)	3	5	5
	Total both sides (feet)	6	10	10

* Front and rear yards are subject to building envelope. See Setbacks and Height, subsection (2)(a) of this section.

2. Other Requirements/Standards:

a. Setbacks and Height: Multiple-story developments shall minimize scale through upper story setbacks, articulated building elements, and other similar design techniques.

a.1. The height of buildings shall be minimized at the street, in the following manner:

• One-story elements of buildings (including porches) must be set back five feet from the property line.

• Second-story elements of buildings must be set back ten feet from the property line.

• For three stories, the height of the building must be contained within the building envelope as shown in the following:

a.2. Multi-story buildings or portions of buildings constructed within thirty feet of the Conservation Overlay District shall step-down toward the conservation neighborhood to transition to the adjacent smaller scale conservation area, and shall be no taller than two stories or twenty-three feet at the mid-point of the roof.

b.1. The design of all new structures employ California Bungalow, Craftsman, or Spanish Resort Style as described in the Design Guidelines.

b.2. Spanish Resort Style buildings shall be designed with stucco walls, courtyards, arches, towers, balconies, wood doors and windows, or appropriate materials that emulate the scale, proportions and look of wood, decorative iron and tile details. Building forms shall suggest thick masonry and incorporate features such as recessed doors and windows. Roofs shall be hipped terra cotta tile roofs or flat roofs completely surrounded by a parapet. This parapet shall incorporate curvilinear decorative shapes and molding.

b.3. Flat-roofed buildings shall incorporate porches, window overhangs, trellises, wall and opening articulation or other features to avoid a bare-box appearance.

b.4. California Bungalow and Craftsman-styled buildings shall incorporate appropriately sloped roofs, stucco and/or wood walls, overhangs, porches, trellises, and balconies. Doors and windows shall be of wood (or other durable material that emulates the scale, proportion and appearance of wood).

c. Parking: All parking shall be located within the rear or at the rear of main structures. Private residential parking lots shall be screened from the public right-of-way, and shall meet the requirements of Section 24.12.240, in addition to the following requirements.

c.1. All garages and entrances to parking areas shall be set back at least five feet from the adjacent front building setback, and twenty feet from the front property line.

c.2. On lots of forty feet or less in width of street frontage, parking access is limited to a maximum of twelve feet of width. On lots of forty to sixty-five feet in width, parking access is limited to a maximum of sixteen feet of width; and on lots with greater than sixty-five feet in street frontage, parking access is limited to twenty feet.

c.3. Driveways shall be minimized to maximize land use efficiency and the provision of open space and landscaping.

c.4. Off-site parking may be permitted within this subdistrict if:

• the city establishes a parking district for the area; the district develops a suitable parking facility; and the development pays an in-lieu parking fee, or the development identifies and develops a suitable permanent parking facility,

• off-site parking must be within five hundred feet of the development and secured by ownership or a long-term lease, including a deed restriction limiting the property’s use for the required parking.

c.5. City parking standard requirements may be reduced in the following manner: one parking space for a one bedroom unit; for two or more bedrooms, the parking requirement may be reduced fifty percent if one of the following provisions is met:

• at least fifty percent of new units are two bedrooms or more, or

• for units which meet the city’s definition of “affordable.”

c.6. Where there is joint recreational and seasonal commercial parking use of a site, turf may be substituted for paved surfaces.

d. Open Space: Each development shall provide four hundred square feet of usable open space per unit. This requirement may be met through the provision of balconies and/or decks, patios over eight feet in depth, and landscaped front and rear yards over ten feet in depth. The provision of open space may be reduced to two hundred fifty square feet per dwelling unit, if the development meets one of the following criteria:

• projects providing at least fifty percent of the development as two bedroom units;

• projects providing community facilities such as a community center and/or a child-care facility.

e. Siting: All development shall be sited to create a harmonious streetedge, and to blend into rather than dominate the street.

e.1. Entries to individual units and groupings of units shall be located on the ground floor facing the street. These entries shall incorporate architectural and landscaping elements such as porches and arbors that visually reinforce the presence of entries.

e.2. Architectural elements, such as towers, balconies, stairs, decorative elements, etc., may project up to fifty percent of the front yard setback requirement.

e.3. Courtyard-style developments, providing common usable open space, may provide a single, common entryway facing the street.

f. Landscaping: Landscaping shall be in compliance with the Design Standards.

f.1. Landscaping shall be designed to enhance the architectural style. All front, rear and side yards shall be fully landscaped except for areas devoted to driveways, patios, walkways or porches. All landscaping areas shall be provided with automatic irrigation systems to facilitate the maintenance of the landscape. Landscaping shall be maintained in an attractive condition.

f.2. Permanent containers for flowering plants, or similar narrowscape landscaping concepts, are encouraged for use in limited space areas, at entries and in courtyards and plazas at entries and in courtyards and plazas.

f.3. Vines and climbing plants integrated with building design and used on walls and trellises are encouraged.

(Ord. 2007-24 § 4, 2007: Ord. 2006-10 § 4, 2006: Ord. 2000-18 § 2 (part), 2000).

24.10.641 FINDINGS REQUIRED.

Prior to approval of any design permit for development within this district, the following additional findings must be made. The application:

1. Can be coordinated with existing and proposed development of the surrounding areas, and, if appropriate, particularly addressing the issue of transition to an adjacent Neighborhood Conservation Overlay District; and

2. Shall meet the requirements listed above for the high amenity level of the development, the quality of architecture, and the landscaping.

(Ord. 2000-18 § 2 (part), 2000).

Part 8: C-C COMMUNITY COMMERCIAL DISTRICT

24.10.700 PURPOSE.

To provide locations throughout the community for a variety of commercial and service uses for residents of the city and the region which promote the policies of the General Plan; to encourage a harmonious mixture of a wide variety of commercial and residential activities including limited industrial uses, if they are compatible and nuisance free. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan. Also refer to Part 43, Sections 24.10.4300 et seq. for properties within the Mission Street Urban Design Overlay District.

(Ord. 2002-17 § 1 (part), 2002: Ord. 94-33 § 33, 1994: Ord. 93-21 § 5, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.710 PRINCIPAL PERMITTED USES.

1. The following uses are allowed outright, subject to other requirements of the municipal code. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses.)

a. Acting/art/music/dance schools and studios (610);

b. Apparel and accessory stores (250);

c. Auto supply stores (260C);

d. Eating and drinking establishments (except bars, fast-food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);

e. Financial, insurance, real estate offices (420);

f. Financial services (320);

g. Food and beverage stores (except liquor and convenience stores) (240);

h. General retail merchandise (drug and department stores) (230);

i. Home furnishing stores (270);

j. Medical/health offices (except veterinarians and ambulance services) (410);

k. One- or two-multiple-family units when located above the first floor with no additional parking required (830);

l. Museums and art galleries (600);

m. Off-site public/private parking facilities, five or fewer spaces (930);

n. Professional offices (400);

o. Professional/personal service (except contractors’ yards and mortuaries) (310);

p. Repairs, alterations and maintenance services for household items (except boat repair) (340);

q. Small community care residential facilities;

r. Small preschool/childcare (twelve or fewer) (510A);

s. Small family daycare facility in single-family home or duplex;

t. Specialty retail supply stores (290); except thrift stores (290m);

u. Theaters (620);

v. Video rental (650).

(Ord. 2005-30 § 4, 2005: Ord. 2002-17 § 1 (part), 2002: Ord. 97-17 § 3, 1997: Ord. 96-39 § 12, 1996: Ord. 95-04 § 2, 1995: Ord. 93-21 § 5, 1993; Ord. 89-39 § 4, 1989; Ord. 88-26 § 2, 1988; Ord. 88-25 § 9, 1988: Ord. 85-05 § 1 (part), 1985).

24.10.720 ACCESSORY USES.

Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings, and Section 24.10.730.

(Ord. 2002-17 § 1 (part), 2002: Ord. 93-21 § 5, 1993; Ord. 88-60 § 14, 1988: Ord. 85-05 § 1 (part), 1985).

24.10.730 USE PERMIT REQUIREMENT.

1. The following uses require an administrative use permit and are subject to other applicable requirements of the Municipal Code. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses.)

a. Accessory buildings containing plumbing fixtures subject to provisions of Section 24.12.140;

b. Ambulance services (410B);

c. Auto services and repair subject to performance standards in Section 24.12.900 (350);

d. Bakery, microbrewery (subject to alcohol regulations in Part 12 of Chapter 24.12), handicrafts or similar light manufacturing and assembly uses associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area;

e. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);

f. Brewpubs, subject to alcohol regulations in Part 12 of Chapter 24.12;

g. Boat repairs (340D);

h. Building materials/garden supplies (220);

i. Churches (500);

j. Communication and information services (550);

k. Community organizations, associations, clubs and meeting halls (570);

l. Developed parks (710);

m. Educational facilities (public/private) (510);

n. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);

o. Foster family homes;

p. Government and public agencies (530);

q. Lodging (300);

r. Mixed residential and commercial/office developments involving permitted or administrative uses on the ground floor and from three to nine multiple dwellings or condominiums above the first floor;

s. Motor vehicle dealers and supplies (260);

t. Multiple dwellings or condominiums, three to nine units subject to the minimum (net) land area per dwelling unit of the R-M District (830);

u. Off-site public/private parking facilities, five or more spaces (930);

v. Recycling collection facilities;

w. Single-room occupancy (SRO) housing, fifteen units or fewer (860);

x. Temporary structures and uses;

y. Thrift stores (290m);

z. Undeveloped parks and open space (700);

aa. Utilities and resources (540);

bb. Veterinarians (410A);

cc. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12.

2. The following uses require a special use permit and are subject to other applicable requirements of the municipal code. All industrial classifications from 100 to 155 shall be limited to operations that occupy less than five thousand square feet of floor area and shall comply with all performance standards listed in Part 2 of the Environmental Resource Management provisions. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses.)

a. Carpenter, electrical, plumbing, heating, and furniture upholstery shops;

b. Community care facilities;

c. Large family daycare;

d. Contractor/building (310E);

e. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B);

f. Fabricated metal products (manufacturing) (150);

g. Fabricated wire products (manufacturing) (155A);

h. Food and beverage preparation (manufacturing) (100);

i. Furniture and fixtures (manufacturing) (120);

j. Hospitals (520);

k. Laboratory research experimentation, testing, software development;

l. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12;

m. Local/interurban passenger transit (bus, cab) (560B);

n. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105);

o. Mixed residential and commercial/office developments, with ten or more multiple dwellings or condominiums, either above commercial uses or units on the same lot (840);

p. Multiple dwellings and condominiums, ten or more units subject to the minimum land area (net) per dwelling unit of the R-M District (840);

q. Mortuaries (310I);

r. Motion picture production (manufacturing) (155E);

s. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);

t. Rental services (360);

u. Single-room occupancy (SRO) housing sixteen units or more (860);

v. Solar equipment (manufacturing) (155C);

w. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);

x. Stone, clay, glass products (manufacturing) (140);

y. Storage and warehouse when connected with permitted use (330);

z. Wholesale trade (nondurable goods) (200):

(a) Bakery,

(b) Confectionery,

(d) Health foods;

aa. Wholesale trade (durable goods) (210):

(a) Paper products and related (210E),

(b) Special equipment (machine supply) (210F);

bb. Medical marijuana provider association dispensaries, as defined in Section 24.22.539 and subject to the siting criteria and performance standards in Section 24.12.1300;

cc. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.

(Ord. 2009-20 § 1, 2009: Ord. 2005-30 § 5, 2005: Ord. 2005-15 § 9, 2005: Ord. 2004-27 § 6, 2004: Ord. 2002-17 § 1 (part), 2002: Ord. 2000-12 § 1, 2000: Ord. 97-17 § 4, 1997: Ord. 96-39 § 13, 1996: Ord. 95-04 § 3, 1995: Ord. 93-21 § 5, 1993; Ord. 89-21 § 1, 1989; Ord. 88-60 § 15, 1988; Ord. 88-26 § 3, 1988; Ord. 88-25 § 10, 1988; Ord. 87-22 § 2, 1987; Ord. 86-12 § 3, 1986: Ord. 85-05 § 1 (part), 1985).

24.10.740 USE DETERMINATION.

(Ord. 2002-17 § 1 (part), 2002: Ord. 93-21 § 5, 1993).

24.10.750 DISTRICT REGULATIONS.

1. General.


Provisions	Requirement
a. Height of buildings – Maximum
• Commercial or mixed-use or residential (stories and feet)	3 & 40
• Accessory	1 & 20
b. Lot Area – Minimum (net) (sq. ft.)
• Commercial or (residential)	5,000
• Mixed Use