Chapter 14.09.084
Commercial Districts, Commercial Districts Development Standards
Sections:
14.09.084.010 Purpose.
14.09.084.020 Applicability.
14.09.084.030 Floor Area Ratio.
14.09.084.040 Permanent Foundation Required.
14.09.084.050 Master Planning of Commercial Center Sites.
14.09.084.060 Masonry Walls and Fences.
14.09.084.070 Landscaping.
14.09.084.080 Mechanical Equipment.
14.09.084.090 Uses Within Enclosed Structures.
14.09.084.100 Temporary Uses.
14.09.084.110 Trash Enclosures.
14.09.084.120 Accessory Structures.
14.09.084.130 Fire Protection Site Standards.
14.09.084.010 Purpose.
This chapter establishes standards for new, or the modification of existing, commercial development in commercial districts. The provisions of this chapter are established to achieve the following purposes:
A. To provide minimum standards for development which enhance and promote the economic stability of commercial enterprises, increase employment opportunities, and expand the economic base of the community;
B. To ensure commercial uses are designed and operated in a manner that is compatible with surrounding existing and future uses;
C. To reasonably protect and maintain commercial property values through the application of appropriate development standards;
D. To promote and preserve the public health, safety, and general welfare of the citizens of Vacaville;
E. To implement the goals, objectives, and policies of the Zoning Ordinance, the Development Code, and the General Plan.
14.09.084.020 Applicability.
These commercial district development standards are minimum requirements and shall not be construed to prevent the City Council, the Planning Commission, or the Director from imposing, as part of a project approval, specific conditions which may be more restrictive, in order to meet the intent of these regulations.
Additional site development standards for commercial development are provided in Table 14.09.084.01 of this chapter.
A. The standards established by this chapter apply to commercial land development permits and approvals that are subject to the Zoning Ordinance and are applicable to new construction, to site improvements, and to the modification of existing structures. Such new construction or modifications shall be subject to the development standards contained in this chapter, unless otherwise specified in the applicable zoning district, or in Chapter 14.09.135, Non-Conforming Uses and Structures, of the Zoning Ordinance.
B. Any requirements or standards established by an adopted specific plan, policy plan, or a special standards overlay district, shall supersede the standards of the applicable zoning district and the provisions of this chapter.
C. These standards shall apply unless a deviation has been granted through a planned development, a variance, or an administrative clearance, in accordance with the provisions of this division.
D. All uses are also subject to the provisions of Chapters 14.09.127 through 14.09.139, Supplemental Standards, of this division, which includes, but is not limited to, Performance Standards, Off-Street Parking and Loading, Tree Preservation, Signs, Airport Land Use Compatibility, and Non-Conforming Uses and Structures. In addition, the provisions of Chapter 14.09.139, Additional Standards Applicable to all Zoning Districts, and the Water Efficient Landscape Requirements, of this Title shall apply. (Ord. 1598, §19, 1998)
14.09.084.030 Floor Area Ratio.
The maximum floor area ratio, or FAR, standards for each commercial zoning district shall be as specified in Table 14.09.084.01 of this chapter. An exception to the floor area ratio standards may be approved by the decision-maker for uses of a lower intensity than uses generally permitted within the applicable zoning district. The decision-maker shall consider the intensity of the proposed use, the availability of public facilities and infrastructure to serve the use, and the projected traffic levels of service.
A. An exception to the FAR standards may be approved when the decision-maker determines the following:
1. The proposed use and structure for which the exception to the FAR standards is approved shall have a lower employee density or a lower peak hour traffic generation than uses generally permitted within the applicable zoning district;
2. Public facilities and services are available to serve the proposed use and structure; and
3. The scale of the proposed building is compatible with surrounding development.
14.09.084.040 Permanent Foundation Required.
All buildings shall be constructed on or attached to a permanent foundation. The decision-maker may approve exceptions in unusual circumstances for a specified limited period of time.
14.09.084.050 Master Planning of Commercial Center Sites.
A conditional use permit shall be required for the entirety of a commercial center site, as determined by the Director, in conjunction with any application for the division or development of all or part of any such site which either exceeds four acres in area or is located in the CN-Neighborhood Commercial district.
A. Such conditional use permit shall function as the master plan for the development of the site and shall provide for coordinated access to public streets as follows:
1. Development of commercial sites shall, to the satisfaction of the decision-maker, incorporate the use of shared driveways, reciprocal access across sites, and limited connections to public streets, in order to minimize conflicts with through traffic, promote traffic safety, and maximize the carrying capacity of the adjoining public streets.
14.09.084.060 Masonry Walls and Fences.
Masonry walls and fences shall be provided where required in accordance with the standards of this section, or with any applicable specific plan or policy plan regulations regarding walls, or as specified with any project approval. Walls and fences shall be provided to serve as a buffer between commercial and residential uses and to screen or separate uses or activities. The terms “fences” and “masonry walls” are defined in Division 14.02 of this Title. Unless otherwise specified, for the purposes of this section, the term “wall” shall mean masonry wall.
A. Solid, decorative, masonry walls, a minimum of six feet in height, with the height subject to the determination of the decision-maker, shall be provided on property lines, or any other location as approved by the decision-maker, as follows:
1. When a commercial district or use is adjacent to a residential district or use, except as follows:
a. When a commercial use is adjacent to a non-conforming residential use, the decision-maker may require a fence in-lieu of a masonry wall;
b. When a residential project is in a residential overlay district, a masonry wall may be required if the decision-maker finds that a wall is necessary for screening or to provide reasonable acoustic mitigation;
c. When a non-residential use occupies the adjacent residential district site and the decision-maker determines that a masonry wall is not required to provide screening or to mitigate impacts of the project.
2. For noise mitigation, as determined through an acoustical analysis:
a. The height of a masonry wall required for the mitigation of noise shall be related to the findings of an acoustical study, but shall be a minimum of six feet in height;
b. Berming shall be used in conjunction with a wall when an acoustical study has recommended that a wall over eight feet in height be installed;
3. For screening when required in accordance with the provisions of Section 14.09.084.090, Uses Within Enclosed Structures, subsection A.(12), of this chapter.
B. Solid, decorative, masonry walls or other decorative fencing may be required or approved through a design review or other project approval:
1. Open fencing that is visible from the public right-of-way or from public areas, of adjoining property, developed or undeveloped, shall be of a decorative design, and plain, open fencing such as chain link or other comparable materials shall not be acceptable;
2. Solid fencing that is visible from the public right-of-way or from public areas of adjoining areas, developed or undeveloped, shall be of a decorative design, and plain, board fencing shall not be acceptable;
3. Barbed wire, razor wire, or other similar security fencing shall not be utilized where visible from the public right-of-way.
C. Masonry wall materials, color, and design shall be compatible with the main structure on the site, as determined by the decision-maker.
D. Wall and Fence Height.
1. No wall, fence, or hedge shall exceed three feet if located in a required front yard;
2. Measuring Wall and Fence Height:
a. Height shall be measured from the finished grade level, as shown on approved grading plans, or the existing grade if there are no approved grading plans, on the side of the fence or wall on which the grade elevation is the greatest;
E. Existing Walls. A legally established wall existing prior to the adoption of this ordinance and which does not conform to the standards of this section, may be replaced in the same location, and at the same height, except as follows:
1. Walls which are required to be maintained or replaced as a condition of a new project approval, shall comply with the standards of this section.
14.09.084.070 Landscaping.
Landscaping shall be provided for all commercial projects and shall be installed in accordance with the provisions of the Water Efficient Landscape Requirements of this Title.
A. Landscaping shall be provided as follows:
1. Adjoining Property Lines:
a. A minimum width of ten feet of landscaping area shall be provided when a site adjoins an R district;
b. A minimum width of twelve feet of landscaping shall be provided along a property line adjoining a freeway right-of-way;
c. In the CR district, minimum width of ten feet shall be provided.
2. Adjoining Streets:
a. A minimum width of ten feet of landscaping area shall be provided in a required yard, except as follows:
i. In the CD district, where there is no required yard, there is no minimum landscaping required;
ii. In the CR district, a minimum width of 20 feet of landscaping area shall be provided;
3. Within Parking Lots:
a. Perimeter landscaping shall be provided as follows:
i. A minimum width of ten feet adjoining street frontages, except that in the CD district, the minimum width may be reduced to five feet with a low screening wall not to exceed three feet in height;
ii. A minimum width of ten feet adjoining an R district;
iii. A minimum width of five feet of landscaping area when adjoining a non-residential district, except that the decision-maker may approve a reduction in the perimeter landscaping, when not adjoining a street, when compensating landscaping is provided elsewhere on the site.
iv. Landscaping shall not be required when it would block access to driveways, walkways, or joint access aisles.
b. Interior landscaping shall be provided as follows:
i. In addition to the required perimeter landscaping, an additional five percent of the gross parking lot area shall be landscaped.
4. Drive-through Facilities. Drive-through stacking lanes shall be screened from public streets with landscaped planter areas with a minimum width of ten feet.
B. All areas within the site or lot not used or specifically intended for structures, parking, or other necessary site improvements, shall be landscaped.
C. Improvement Requirements:
1. Planter areas shall be separated from vehicular areas by six-inch raised concrete curbing;
2. The decision-maker may grant a maximum two foot vehicle encroachment into the perimeter landscaping in exceptional circumstances where the full width of landscaping cannot be provided. The decision-maker may grant an exception when the following findings are made:
a. There will be no adverse impact on surrounding properties;
b. Additional compensating landscaping is provided in an adjacent location with the same screening and aesthetic value.
3. All landscaped areas shall be served by a low volume automatic irrigation system;
4. A parking lot shade plan shall be submitted and implemented which demonstrates that 50 percent of the parking lot will be shaded within ten years.
D. All landscaping areas adjoining or fronting on Interstate 80 or Interstate 505 shall be consistent with the provisions of the City Gateways Design Master Plan.
(Ord. 1676, Amended, 10/03/2002)
14.09.084.080 Mechanical Equipment.
Mechanical equipment in commercial districts shall be subject to design review approval and shall be screened as follows:
A. Satellite dish antennas shall comply with the provisions of Chapter 14.09.125, Telecommunication Facilities, of this division.
B. Mechanical equipment shall be screened from view from public and private property, whether developed or undeveloped, to the satisfaction of the Director, as follows:
1. Ground mounted mechanical equipment, including, but not limited to, air conditioning units, double detector check valves, electrical equipment, communication antennas, gas meters, storage tanks, and other such equipment, shall be screened by walls, fencing, or landscaping to the satisfaction of the Director;
2. Roof mounted mechanical equipment, not including solar equipment, shall be screened by a parapet wall of equal or greater height than the highest piece of roof mounted equipment or vent. Equipment may be screened by a separate roof screen that is architecturally integrated with the building, when the Director determines that screening by a parapet wall is not feasible;
a. When separate roof screens are used, roof equipment shall be grouped together to minimize the number of screened areas;
3. All building mounted equipment, including, but not limited to, louvers, pipes, overhead doors, service doors, access ladders, downspouts, conduit and electrical service boxes, shall be painted a color that is consistent with the color scheme of the building to blend into the background of the structure or the site, unless specifically intended to be an architectural element of the building design;
4. Detailed plans for screening equipment shall be subject to the approval of the Director;
5. The Director may approve alternatives or exceptions to screening standards for roof mounted equipment in the following situations:
a. For minor vents when protruding from a pitched roof area;
b. For individual vents when required by air quality regulations that may not be feasible to screen through an architecturally integrated element of the building;
c. For telecommunication equipment, when visually integrated with the building design through color, location, or construction;
d. For equipment that is visible from locations on properties or structures that have an elevation that is substantially greater than the project site. (Ord. 1599, §14, 1998)
14.09.084.090 Uses Within Enclosed Structures.
All operations shall be conducted entirely within a completely enclosed structure, except as provided below:
A. The following exceptions shall be allowed, subject to design review and any other applicable approval required by this division:
1. Parking and loading;
2. Bus depots and transit stations;
3. Service stations and car washes;
4. Outdoor dining;
5. Drive-in businesses;
6. Swimming pools;
7. Outdoor recreational uses;
8. Play areas for child care centers;
9. Garden nurseries when the nursery is the primary use;
10. Temporary commercial uses in accordance with Section 14.09.084.100 of this chapter;
11. Outdoor display of merchandise for sale on the premises of a retail use, provided such display is not located in required parking areas or any public street right-of-way and does not interfere with vehicular or pedestrian access to and from the site. Outdoor display of merchandise includes:
a. Vehicle sales, leasing, and rental as the primary use; vehicles includes automobiles, trucks, motorcycles, boats, mobile homes, and recreational vehicles;
b. Daily display of nursery plant stock.
12. Outdoor storage, sales, or service, as provided in the applicable commercial zoning district, subject to the following provisions:
a. The storage, sales, or service is incidental to the primary use on the same site;
b. There shall be no storage, sales, or service within the front yard area or required parking area;
c. All storage, sales, or service items shall be surrounded by and screened by a solid decorative masonry wall, or an equivalent approved by the Director, with a minimum height of six feet. No materials or equipment shall be stored to a height above the top of the wall.
B. All uses not conducted entirely within a completely enclosed structure shall comply with the noise standards cited in Chapter 14.09.127, Performance Standards, of this division.
C. Uses which generate noise through the use of power tools, impact, or other mechanical operations shall provide attenuation of such noise to the extent that the use does not become a nuisance to any residential area, as determined by the Director or by the Planning Commission.
14.09.084.100 Temporary Uses.
A. Permitted Temporary Commercial Uses. The following temporary commercial uses are permitted subject to the provisions herein:
1. Temporary outdoor sale or display of products that are a normal part of the sales inventory of a permanent, on-site use, such as sidewalk or parking lot sales, or the sale or display of products on a for-profit basis, which are not a normal part of the sales inventory or the services offered by a permanent, on-site use.
a. All such sales and merchandise shall be displayed outside of the pedestrian sidewalks and paths and any vehicular circulation areas and parking lots unless parking availability exceeds the requirements set forth in the Land Use and Development Code for the uses on the site.
b. Each site shall be allowed a maximum of six outdoor sales per year. The maximum term of such uses shall be five consecutive days, with a minimum of 14 days between such uses or sales.
2. Christmas Tree and Pumpkin Sale Lots.
a. All such Christmas tree, pumpkin, or other seasonal sales shall be displayed outside of the pedestrian sidewalks and paths and any vehicular circulation areas and parking lots unless parking availability exceeds the requirements set forth in the Land Use and Development Code for the uses on the site.
b. Each site shall be allowed a maximum of one Christmas tree and two pumpkin sales per year.
c. Business License Required. A City of Vacaville Business License is required for vendors of Christmas trees and pumpkins.
3. The Director may approve an exception to the requirements of this section provided that the findings specified in subsection D.(7)(a) through (c) of this section can be made.
B. Types of Uses Allowed Subject to the Approval of a Staff-Level Use Permit in Each Case. A Temporary Use Permit approved by the Community Development Director is required for any short-term commercial or entertainment activity on private property, whether open to the public or not. Such activities include, but are not limited to, amusement attractions; athletic events not affiliated with a baseball team playing out of Travis Park; carnivals, circuses, fairs, or festivals; indoor or outdoor concerts or performances; exhibits; fireworks displays; fundraising events; organized runs, walks, marathons or triathlons; parades; public dances; rodeos; temporary vehicle sales; trade shows; temporary uses set forth in Land Use and Development Code Section 14.09.088.030; or similar activities or events. The following outlines specific requirements for certain temporary uses:
1. Off-site parking lot sale for new vehicles.
a. A maximum of six off-site auto sales per year on any site.
b. The maximum term for such each use shall be five consecutive days, with a minimum of 14 days between such uses or sales on any site.
2. Temporary outdoor operation of carnivals or other amusement activities in accordance with the provisions of Sections 9.17.010 through 9.17.140 of the Municipal Code. The maximum term of such uses shall be seven consecutive days, with a minimum of 120 days between such uses or sales.
3. Temporary outdoor commercial uses sponsored by a community, non-profit, or public agency on private property, with a maximum of three consecutive days.
4. Temporary use of a helicopter for construction-related activities unless considered as a part of the original Design Review, Use Permit, or Planned Development approving the use or structure on a site that is located within 1,000 feet away from a residential zoning district.
a. Prior to authorizing the use of a helicopter for construction related activities within 1,000 feet of a residential zoning district, the developer shall submit a schedule of the hours and days a helicopter will be used.
b. The Community Development Director shall notify all of the property owners within 1,000 feet of the construction site of where the use of a helicopter is proposed of the times and dates when the helicopter will be operated.
c. The use of a helicopter within 1,000 feet of a residential district is prohibited between dusk and dawn Monday through Saturday and all day on Sunday and holidays unless specifically approved by the Planning Commission at a duly noticed public hearing.
5. Mobile food service carts, trailers, vehicles and/or similar temporary, portable or mobile structures or vehicles. In addition to the minimum conditions set forth in subsection C of this section, the applicant shall submit a written business plan outlining, at a minimum, the following information:
a. Precise location on the property where the use or business will be located. The location cannot impede pedestrian or vehicular access nor impair site distance on or off the premises.
b. Proposed hours and days of operation.
c. Types of food products to be offered.
d. Applicant shall show evidence of compliance with all applicable regulations and requirements of the Solano County Health and Social Services Department. Prior to commencing the use, the applicant shall submit evidence to the Director that any and all permits and or licenses from the Solano County Health and Social Services Department, including but not limited to:
i. Location of the off-site commissary if required by the Solano County Health and Social Services Department.
ii. Location of any restroom facilities if required by the Solano County Health and Social Services Department.
e. Methods for ensuring adequate sanitation such as dishwashing and hand washing.
f. Provide photographs of the proposed vehicle, trailer, or cart, including any tow vehicle.
g. Provide a description of any proposed signs, including the size, number, and locations desired to be placed, including any signage or identification on the proposed vehicle. Signs may not be located within any rights-of-way or other public property, and are subject to City site distance requirements.
h. If the proposed location will utilize existing parking spaces, the applicant shall submit an analysis of the existing uses on the site, the current Land Use and Development Code parking requirements for such uses, and evidence that the required number of parking spaces will be available for other patrons at the site.
i. Only one mobile food service use shall be permitted on any single parcel or single commercial development with multiple parcels; only one such commercial site may be approved by the Director. Where multiple mobile food services are proposed on a single site, the Use Permit shall be subject to Planning Commission review and approval as set forth in the Land Use and Development Code.
j. If the mobile food service trailer, cart, or vehicle is to be moved from the site each day, indicate the location where it will be stored.
k. The number of employees anticipated at peak hours.
l. The proposed methods for collecting and disposing of waste and litter.
m. Provisions for prohibiting loitering.
n. Location of any proposed seating to be provided for patrons of the mobile food service trailer, cart, or vehicle.
o. At the next regularly scheduled Planning Commission meeting after the date the Director approves a Staff-Level Use Permit, the Director shall inform the Planning Commission of the action taken and any findings adopted for either approval or denial, and any conditions of approval imposed. The Planning Commission, by majority vote, may call up the decision of the Director for review at a duly noticed public hearing. The Planning Commission may sustain, overrule, or modify the decision of the Director.
6. The Director may approve an exception to the requirements of this section; provided, that the findings specified in subsections D.(7)(a) through (c) of this section can be made.
C. Operational Requirements.
1. Reasonable and adequate access for vehicles and pedestrians shall be provided on site. Vehicles, fences, or other objects shall not block public sidewalks, fire lanes, or vehicle access. Adequate provision shall be made for vehicles to exit the parking lot area without having to back out or turn around.
2. No temporary use shall displace any required parking. Parking required for on-site uses shall be maintained throughout the duration of temporary uses on the site.
3. All temporary uses and structures shall comply with the provisions of the Fire Code and all Construction Codes adopted by the City of Vacaville and the State of California.
4. Temporary uses which include food service facilities not addressed in subsection B.(6) of this section shall obtain all necessary permits from the Solano County Environmental Health Services Department.
5. All businesses whose permanent business location is located inside or outside the City of Vacaville and are proposing to sell goods and/or charge an entrance fee shall:
a. Obtain a business license from the City of Vacaville Finance Department.
b. Obtain a Sales and Use Tax Permit from the California State Board of Equalization. Supply Sales and Use Tax Permit number with the City business license.
6. All pre-event promotional activities such as any on-site or site advertising and signage, the nature and extent of directional signs such as “sign twirlers,” and night lighting shall be identified in advance of the event.
7. All post-event activities, including restoring the site to its previous condition, removal of any on-site or off-site advertising or directional signs.
8. Where deemed necessary to protect the health and safety of attendees as well as the general public, the Chief of Police may require the applicant to submit a security plan for the event. The Chief of Police shall review and approve the security plan prior to the event taking place. Should the approved security plan not be implemented in its entirety or prove to be inadequate to protect the public health and safety once the event commences, the Chief of Police may order the event cancelled and all activities shall cease immediately.
9. The Director may approve an exception to the requirements of this section; provided, that the findings specified in subsections D.(7)(a) through (c) of this section can be made.
D. Director Approval of a Staff-Level Use Permit. In addition to those uses outlined above specifically requiring a Staff-Level Use Permit, any temporary uses which would utilize a site area of one acre or more or have an expected attendance of 2,000 or more persons per day shall be subject to the approval of the Director. All Staff-Level Use Permits shall be subject to the following:
1. Application and Business Plan Required. The applicant shall submit a completed standard Planning Permit application with a detailed business and operation plan for the event(s).
2. Consent of Property Owner Required. The use of any site for a temporary commercial use shall be subject to the written approval of the property owner, or the owner’s authorized agent.
3. Site Plan of Event Area and Surrounding Area to Be Used Required. A complete, dimensioned, and legible site plan must be submitted as part of the application. At a minimum, this site plan shall include:
a. The specific area of the event in relation to the entire site;
b. The proposed parking layout;
c. The location of any tents or other temporary structures;
d. Any proposed interior or perimeter fencing, barriers, barricades, or other security measures;
e. Access and exit points for vehicles;
f. The names and locations of all streets or off-site areas that are part of the event;
g. All portable and permanent restroom facilities;
h. The location of all temporary structures such as stages, bleachers, grandstands, tents, portable restrooms, booths, trash containers, dumpsters, etc.;
i. The location of any cooking and/or food service areas; alcohol service areas; vendor areas; and any other booth areas;
j. The location of generators and/or source of electricity;
k. The placement of vehicles and trailers;
l. The entrance/exit locations for events that are fenced, and entrance/exit locations within tents or temporary structures;
m. Identification of all event components that meet Americans with Disabilities Act accessibility requirements (including, but not limited to, accessible parking, passenger loading/unloading areas, restrooms, seating, and path of travel) if the event is open to the public;
n. Any other information deemed necessary by the Community Development Director.
4. Referral to Other Departments. The Director shall refer any application to the Fire, Police, and Public Works Departments for review prior to approval.
5. Conditions of Approval. Conditions of approval relating to the operation of the use may be imposed by the Director.
6. Security Plan Required. The applicant may be required to submit an Event Security Plan for the review and approval of the Police Chief as set forth in subsection C.(8) of this section.
7. Required Findings. Approval shall be subject to the following findings:
a. That the proposed use would not unreasonably impair pedestrian or vehicular access or parking in the area;
b. That the proposed use includes provisions for adequate security and safety of the general public;
c. That the proposed use would not unreasonably impair the operation of any other residential, commercial, or industrial use in the area.
8. Recycling Plan Required. For any large event with 2,000 or more attendees each day of the event a recycling plan shall be submitted and shall be subject to the review and prior approval of the City of Vacaville Recycling Coordinator or equivalent position.
9. Exceptions Allowed. The Director may approve an exception to the requirements of this section; provided, that the findings specified in subsection D.(7)(a) through (c) of this section can be made.
10. Short-Term Events. Temporary events of no more than three consecutive days sponsored by a public agency on public property shall not require Director approval.
11. Administrative Hearing Required. The Director shall hold an Administrative Hearing at City Hall no less than five days and no more than ten days prior to the first day of any temporary use or event requiring a Staff-Level Use Permit.
a. Notice of the time, date, and place of the Administrative Hearing shall be mailed to all property owners and businesses within 600 feet of the proposed location.
b. Anyone attending this Administrative Hearing may submit written and oral testimony. In rendering a decision, the Director shall consider all written and oral testimony received as well as the comments from City Police, Fire, and other Departments.
c. The applicant will be responsible for all costs associated with distributing public notice and other costs to conduct the duly noticed Administrative Hearing.
d. Notice of the Director’s decision shall be mailed to the applicant, all City Departments, and any interested party requesting such information no less than five days prior to the event.
12. Referral to Planning Commission. The Director, at his or her sole discretion, may refer any Temporary Use to the Planning Commission for a determination and action on the Staff-Level Use Permit.
(Ord. 1777, Amended, 01/23/2007; Ord. 1737, Amended, 09/02/2005; Ord. 1709, Amended, 11/05/2004; Ord. 1642, Amended, 09/08/2000)
14.09.084.105 Temporary Structures.
Temporary structures such as modular or portable buildings may be permitted in any commercial district, subject to the following requirements:
A. For a proposed temporary building to be used for one year or less, the Planning Director may approve a Staff-Level Use Permit at an Administrative Hearing, subject to the procedural requirements of Section 14.09.084.100. At the next regularly scheduled Planning Commission meeting after the Administrative Hearing at which the Director renders a decision, the Director shall inform the Planning Commission of the action taken and any Findings adopted for either approval or denial, and any conditions of approval imposed. The Planning Commission, by majority vote, may call up the decision of the Director for review at a duly noticed public hearing. The Planning Commission may sustain, overrule, or modify the decision of the Director.
B. Should an applicant desire to extend the time beyond the initial one-year period, the Planning Commission must approve a Use Permit for the extension at a duly noticed public hearing.
C. For a proposed temporary building to be used for more than one year, the Planning Commission must approve a Use Permit at a duly noticed public hearing.
D. The applicant shall submit a written business plan outlining at a minimum, the following information. Such information will be used by the Director in approving a Staff-Level Use Permit or by the Planning Commission in approving a Use Permit:
1. A site plan of the entire site shall be submitted showing all structures, parking lot plan, landscaping, and related improvements and the precise location on the property where the temporary structure will be located. The location cannot impede pedestrian or vehicular access nor impair site distance on or off the premises.
2. The proposed business hours and days of operation and length of time the temporary structure will be on the premises.
3. Types of products or services to be offered or provided.
4. Provision of sanitation facilities if required.
5. Provide photographs or manufacturer’s tear-sheets of the proposed building.
6. Provide a description of any proposed signs, including the size, number, and locations on the proposed structure or elsewhere on the property. Signs may not be located within any rights-of-way or other public property, and are subject to City site distance requirements.
7. If the proposed location will utilize existing parking spaces, the applicant shall submit an analysis of the existing uses on the site, the current Land Use and Development Code parking requirements for such uses, and evidence that the required number of parking spaces will be available for other patrons at the site.
8. The number of employees anticipated at peak hours.
9. The proposed methods for collecting and disposing of waste and litter.
10. Methods for providing security and night-time lighting.
E. The Director may approve an exception to the requirements of this section except for the time limits; provided, that the findings specified in Section 14.09.084.100D.(7)(a) through (c) can be made.
(Ord. 1777, Added, 01/23/2007)
14.09.084.110 Trash Enclosures.
In conjunction with any commercial use, refuse containers which are stored outdoors shall be located in trash enclosures. Trash enclosures shall be subject to design review and shall comply with the following standards:
A. Trash enclosures storing containers with a cumulative capacity of one cubic yard or more.
1. Construction materials. Trash enclosures shall be constructed with decorative masonry walls with solid metal doors. The exterior finish shall be compatible with the design of the main building;
2. Location. Trash enclosures shall, to the extent possible, be located in an area that is not visible from abutting properties or from a public right-of-way. Enclosures shall be located within reasonable proximity to the use and shall include a separate walk-in access.
a. Trash enclosures with containers with a cumulative capacity of 1.5 cubic yards or more, shall be located no closer than five feet from combustible walls, openings, or combustible roof eave lines unless protected by an automatic sprinkler system approved by the Fire Marshall.
3. Enclosure Height. Trash enclosure walls shall be of a height equal to or greater than the height of the containers;
4. Concrete Paving Section. A minimum eight foot by ten foot wide thickened concrete paving section shall be provided in front of the enclosure gates;
5. Recyclable Materials. Trash enclosures shall include adequate space for the collection of recyclable materials.
B. Trash enclosures storing containers with a cumulative capacity of less than one cubic yard.
1. Construction Materials. Trash enclosures may be constructed of masonry or wood, or an approved equivalent screening method may be provided, subject to the approval of the Director.
2. Location. Trash enclosures shall not be located between the street and the front of a building.
14.09.084.120 Accessory Structures.
Accessory structures shall be subject to the same development standards which apply to other buildings and structures on the site.
14.09.084.130 Fire Protection Site Standards.
The requirements cited in Division 14.20, Construction and Fire Standards, of this Title, shall apply to any project within a commercial zoning district. Summarized below are the most common standards generally applicable to commercial projects. Fire code requirements may not be varied by planned development or variance. Requests for modifications must be processed in accordance with the provisions of Section 14.20.270.070 of Division 14.20. Division 14.20 should be consulted for a more thorough understanding of the Construction and Fire standards.
A. Commercial projects shall comply with the following standards:
1. Prior to a project approval, an applicant shall submit plans demonstrating compliance with the following:
a. Fire Apparatus Access Roads:
i. Fire apparatus access roads shall be provided to within 150 feet of all exterior walls of the first floor of any building;
ii. Dead-end fire apparatus access roads in excess of 150 feet in length shall be designed to include a means of turning around fire apparatus or a means of providing a restricted through-way. Methods of achieving this may include the following:
1. Cul-de-sacs with a turning radius of 43 feet;
2. Hammerhead turnarounds;
3. Dead-end streets with through-way connections limited by fire access gates or bollards.
iii. Fire apparatus access roads shall have a minimum unobstructed width of 20 feet;
iv. Fire apparatus access roads shall have a minimum vertical clearance of 13 feet 6 inches;
b. No Parking Zones:
i. No parking shall be allowed extending 15 feet along a curb or pavement edge on each side of a hydrant such that access to the hydrant remains unobstructed; curbs shall be painted red 15 feet on each side of each hydrant;
ii. A no parking zone a minimum of 27 feet in length shall be provided in front of the main entrance to all buildings having an occupant load of 100 persons or more.
c. In the event clarification of standards of this section is necessary, the Fire Chief shall interpret the standard in question.
2. Prior to the issuance of a building permit, plans demonstrating compliance with the standards cited in this section shall be submitted to and approved by the Fire Chief.
a. Fire apparatus access roads shall be capable of supporting the imposed load of the apparatus, in accordance with Division 14.20 of this Title.
i. Fire apparatus access roads to be used during construction:
1. Access roads to be utilized during construction shall be installed and made serviceable before construction and shall be of an all weather design. Access roads are subject to the approval of the Fire Chief. The developer shall submit to the Fire Chief a site plan showing proposed access roads, with a detailed drawing of the roadway cross section. This plan must be approved by the Fire Chief before any permit is issued;
ii. Permanent fire apparatus access roads shall be paved.
b. Fire Hydrants.
i. Fire hydrants shall provide a minimum fire flow of 4,500 gallons per minute with a residual pressure of 20 pounds per square inch. Hydrants shall be installed by the developer, and shall be made serviceable before and during construction;
ii. Each hydrant shall have a separate shut off valve located on the lateral adjacent to the hydrant;
iii. Each hydrant shall have at least two 2-1/2 inch and one 4-1/2 inch connections;
iv. Hydrants shall be located such that vehicle travel is no greater than 300 feet between hydrants;
v. A hydrant shall be provided within 150 feet of every point of a ground floor exterior wall of a building;
vi. Blue “Fire Light” hydrant spotters shall be located just off street center line towards each hydrant.
c. No Parking Zones:
i. No parking zones may be required along driveways, drive aisles, or other accessways available for public use, in order to maintain unobstructed access for fire apparatus. Where required, no parking zones shall be clearly marked and signed.
|
Zoning District |
Max. Floor Area Ratio (FAR) (See Note 1) |
Min. Site Area (acres) (See Note 2) |
Min. Site Width (ft.) |
Min. Yard Adjoining A Street (ft.) (See Note 3) |
Min. Yard Adjoining An R District (ft.) (See Note 4) |
Min. Yard Adjoining An Alley (ft.) (See Note 5) |
Min. Yard Adjoining A Freeway Right-of-Way (ft.) (See Note 6) |
Min. Yard Not Adjoining A Street, R District, Alley, or Freeway ROW (ft.) |
Max. Building Height (ft.) (See Note 7) |
|
CD |
3.0 / 2.0 |
None |
None |
None / 10 |
30 |
10 |
20 |
None |
40 |
|
CG |
.3 |
None |
None |
20 |
30 |
10 |
20 |
None |
40 |
|
CN |
.3 |
6 |
None |
20 |
30 |
10 |
20 |
None |
30 |
|
CO |
.3 |
None |
None |
20 |
30 |
10 |
20 |
None |
30 |
|
CR |
.1 |
5 |
None |
40 |
30 |
10 |
20 |
40 |
30 |
|
CS |
.3 |
None |
None |
20 |
30 |
10 |
20 |
None |
30 |
|
CD: Downtown Commercial CN: Neighborhood Commercial CR: Recreation Commercial |
|||||||||
|
CG: General Commercial CO: Office Commercial CS: Service Commercial |
|||||||||
(1) Floor Area Ratio: The Downtown area shall be subject to a maximum FAR of 3.0 for the core area in the parking district. The FAR for the rest of the Downtown area may range up to 2.0. The Downtown area is generally identified as the area between Stevenson Street, Cernon Street, Monte Vista Avenue, and the former Southern Pacific Railroad track, including the Basic American Foods plant site.
(2) Minimum Site Area: The minimum area requirement refers to the total development area of a new project site. The subdivision of a project site to permit individual financing or ownership shall be permitted, subject to the approval of a coordinated master plan for the entire site area.
(3) Minimum Yard Adjoining A Street:
a. In the CG, CN, CO, and CS districts, the decision-maker for a project may approve the reduction of a required front or side yard, adjoining a non-arterial street, as designated in the General Plan, by no more than 5 feet, subject to the finding that the lesser setback would be compatible with the surrounding area and consistent with existing building setbacks in the surrounding area.
b. In all commercial districts, the required yard shall be increased by 1 foot for every 2 feet of building height above 20 feet when adjoining a street.
c. In the CD district, the minimum yard shall be 10 feet when a front, side, or rear yard is on a site adjoining Mason Street, between Davis and McClellan Streets.
d. In the CR district, the decision-maker for a project may approve a reduction in the required front yard by no more than 5 feet when all required off-street parking spaces are located on the rear half of the site or are entered parallel to the front property line of the site, and provided that the front yard shall not be less than 35 feet.
(4) Minimum Yard Adjoining an Alley: In the CD district, the minimum yard of 10 feet shall apply to a site when located across a street or alley from property in an R district.
(5) Minimum Yard Adjoining an R District:
a. The required yard shall be increased by 2 feet for every 1 foot of building height above 30 feet.
b. In the CD district, the minimum yard shall be 10 feet when the following occurs:
i. A front, side, or rear yard is on a site adjoining an R district.
ii. A front, side, or rear yard is on a site located across a street or an alley from an R district.
(6) Minimum Yard Adjoining a Freeway Right-of-Way: The decision-maker may approve a reduction to the required yard when the subject property is located not less than 50 feet from the nearest freeway travel lane.
(7) Maximum Building Height: In the CD and CG districts, the maximum building height shall be 40 feet, however, building height may be adjusted to 70 feet through a planned development. Exceptions to the maximum height limitations for all buildings and structures are authorized as follows:
a. Electric utility poles and transmission towers shall not be subject to the height limits prescribed in the district regulations.
b. Telecommunication facilities shall comply with the provisions of Chapter 14.09.125, Telecommunication Facilities, of this division.
c. Towers, spires, cupolas, chimneys, penthouses, water tanks, flagpoles, monuments, scenery lofts, fire towers, and other similar structures and necessary mechanical appurtenances covering not more than 10 percent of the ground area covered by the structures may be erected to a height not more than 25 feet above the height limit prescribed by the regulations for the district in which the site is located. (Ord. 1599, §14, 1998)
Ordinance History Division 14.09, Zoning
Chapter 14.09.084, Commercial Districts Development Standards
Ord. 1599, §14, 1998
Ord. 1598, §19, 1998
Ord. 1564, §4, 1996, adopted
Ord. 1564, §1, 1996, repealed Ch. 14.20, CN, Ch. 17.21 (CC), Ch. 17.22 (CH), Ch. 17.24 (CG), Ch. 17.29, CO, Ch. 17.25, (RS)
Ch. 17.49, Temp. Commercial Uses
(see also Ch. 14.09.075, Summary of Res. Uses and Ch. 14.09.100, PF District)
Ord. 1574, §1, 1997, repealed Ch. 17.49, Temp. Commercial Uses
Ord. 1564, §3, 1996
Ord. 1194, §2, 1983