Chapter 86.55
SPECIAL USE PERMITS

Sections:

86.55.010    Purpose.

86.55.020    Prohibitions.

86.55.030    Application.

86.55.040    Procedure for permit issuance.

86.55.050    Imposition of conditions.

86.55.060    Basis for denial.

86.55.070    Final determination – Appeal.

86.55.080    Expiration/extension/amendment of permit.

86.55.090    Revocation of permit.

86.55.100    Emergency suspension.

86.55.110    Special uses by permit – Any zone except Commercial.

86.55.120    Special uses by permit – Any zone except C-U, OS, Commercial, and R-4.

86.55.130    Special uses by permit – H-M Zone.

86.55.140    Special uses by permit – C Zone.

86.55.150    Repealed.

86.55.160    Special uses by permit – C-R Zone.

86.55.170    Special uses by permit – R-4 Zone.

86.55.175    Special uses by permit – R-4 Zone existing nonresidential facilities.

86.55.178    Special uses by permit – R-4 Zone clubs, lodges and churches.

86.55.180    Special uses by permit – R-3 Zone.

86.55.190    Special uses by permit – Open Space Zone.

86.55.193    Repealed.

86.55.195    Historic resources and special uses by permit – Residential Zones.

86.55.200    Veterinarian hospital.

86.55.210    Antenna tower and antenna mast.

86.55.215    Wireless communication facilities (WCFs).

86.55.220    Aquaculture.

86.55.230    Automobile car wash.

86.55.240    Repealed.

86.55.250    Automobile service station.

86.55.260    Auto repair.

86.55.270    Building materials retail sale.

86.55.280    Clubs, lodges, assembly halls, and public buildings.

86.55.290    Industrial/manufacturing.

86.55.300    Hospital or convalescent hospital.

86.55.310    Repealed.

86.55.320    Reserved.

86.55.330    Repealed.

86.55.340    Lodging houses.

86.55.350    Mixed use development.

86.55.360    Formula fast food restaurants.

86.55.370    Formula business.

86.55.380    Repealed.

86.55.010 Purpose.

It is the purpose of this chapter to provide procedures for the review and, where necessary, the imposition of special conditions on the creation and maintenance of designated uses which involve special site or design requirements, operating characteristics or potential adverse effects on the surrounding area. (Ord. 1745)

86.55.020 Prohibitions.

A. Without first having obtained a special use permit, it is unlawful for any person to create or maintain a use when the provisions of this code require that a special use permit be obtained before such use is created or obtained.

B. It is unlawful for any person to create or maintain a use contrary to the provisions of a special use permit issued for such use.

C. Until a special use permit is obtained, no building permit or other development permit shall be issued relating to a use for which a special use permit is required by this code.

86.55.030 Application.

A. An application shall be filed with the Community Development Department on forms provided by the City.

B. The applicant shall provide envelopes (affixed with sufficient first class postage) addressed to each applicant, to all persons who have requested to be on a mailing list for the specific project, and to all owners of property within 300 feet of the perimeter of the site proposed for a use requiring a special use permit.

C. The application shall not be complete until the applicant has provided all information deemed necessary by the Community Development Department to properly administer this title and the applicant has paid the processing fee established by the City Council.

D. Upon final denial of any application, no subsequent application for the same use at the same site shall be accepted for filing for a period of six months from the effective date of the final denial.

86.55.040 Procedure for permit issuance.

A. Special Use Permit (Minor). For uses identified in this title as requiring a special use permit (minor), the Planning Commission is the agency authorized to grant the special use permit, subject to an appeal to the City Council.

1. Upon the filing of an application, the Community Development Department shall cause the application to be set for public hearing before the Planning Commission no less than 14 days nor more than 60 days from the date of filing.

2. Notice shall be published one time in a newspaper of general circulation in the City of Coronado not less than 14 days prior to the date of consideration and shall contain a description of the property under consideration and the nature of the use proposed.

3. Notice shall be mailed to all owners of property within 300 feet of the site of the proposed use, as shown on the latest tax rolls.

4. Notice shall be accomplished in accordance with Government Code Section 65091.

B. Special Use Permit (Major). For uses identified in this title as requiring a special use permit (major), the City Council is the agency authorized to grant the special use permit.

1. Upon the filing of an application, the Community Development Department shall cause the application to be set for a public hearing before the Planning Commission no less than 14 days nor more than 60 days from the date of filing, noticed in accordance with subsection A of this section.

2. The Planning Commission’s recommendation shall be set for a public hearing before the City Council at the next available meeting, noticed in accordance with subsection A of this section.

86.55.050 Imposition of conditions.

A. The agency authorized to grant a special use permit may impose those conditions and exactions necessary to mitigate the impacts of the proposed use found by the agency to be reasonably likely to be contrary to the provisions of this title or to cause an adverse impact upon the environment or upon the health, safety, or welfare of the community without the imposition of those conditions or exactions.

B. The granting of a special use permit shall be conditioned upon obtaining environmental design review in accordance with this code.

86.55.060 Basis for denial.

A special use permit shall be granted unless the authorized agency makes findings of fact based upon the information presented in the application or during the consideration of the application which support one or more of the following conclusions:

A. The use as proposed will be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity;

B. The use as proposed will be injurious to property or improvements in the vicinity;

C. The use as proposed is inconsistent with the General Plan, any applicable specific plan, or a zoning regulation; or

D. The location or operating characteristics of the proposed use will be incompatible with or will adversely affect or will be materially detrimental to impacted uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to:

1. The inadequacy of public facilities, services and utilities to serve the proposed use;

2. The harmful effect, if any, upon a desirable neighborhood character;

3. The inability of the capacity and physical character of surrounding streets to safely deal with traffic that will be generated by the proposed use;

4. The unsuitability of the site for the type or intensity of use which is proposed; and

5. The harmful effect, if any, upon the environmental quality and natural resources of the City.

86.55.070 Final determination – Appeal.

The decision of the Commission shall become final 10 calendar days after the adoption of a resolution unless a notice of appeal to the City Council is filed with the City Clerk in accordance with Chapter 1.12 CMC. (Ord. 2025 § 41, 2011)

86.55.080 Expiration/extension/amendment of permit.

A. A special use permit shall expire upon the end of the term contained in the special use permit.

B. The date of expiration of any special use permit may be extended for one or more periods, the total of which is no greater than one year, upon application to the Planning Commission at least 30 days prior to the date of expiration. The Planning Commission shall not extend the term of any permit unless it is demonstrated by the permittee to the satisfaction of the Planning Commission that extending the use poses no danger to the health, safety or welfare of the community. The determination of the Planning Commission must be by resolution which contains the reasons for making the determination. The Planning Commission determination is appealable to the City Council.

C. A special use permit may be amended at the request of the permittee. The amendment procedures shall be identical to the process then in effect for applying for a permit. A fee as required by Council resolution shall be paid at the time the application is submitted. (Ord. 1808)

86.55.090 Revocation of permit.

A. A special use permit may be revoked by the City Council upon no less than 30 working days’ notice to the permittee setting forth the basis of the intention to revoke and giving the permittee the opportunity to present information at an administrative hearing before the City Council.

B. In the event that the identified basis is not corrected forthwith by the permittee, the City Council may suspend, impose new conditions, modify existing conditions or revoke the permit if it makes findings of fact based upon the information presented during the administrative hearing which support one or more of the following conclusions:

1. As a result of any principal or employee of the permittee being found guilty by a court of law of having criminally violated local, State or Federal law, it is reasonably likely that the continuing conduct of the permitted use by the permittee will threaten the public health or safety;

2. The permittee’s conduct of the use is contrary to local, State or Federal law;

3. The permittee’s conduct of the use constitutes a public nuisance;

4. The permittee’s conduct of the use is contrary to any condition or restriction previously established in the special use permit;

5. The permittee has not substantially initiated the use within one year from the date of the issuance of the special use permit or the time otherwise specified in the special use permit; or

6. After commencing the use, the permittee’s conduct of the use has been abandoned for a period of 180 consecutive days or more.

86.55.100 Emergency suspension.

A. At any time when the conduct of the use is in violation of the terms and conditions of the permit or in some other manner immediately threatens the public health or safety, any City official responsible for enforcing this code may immediately suspend the special use permit by so notifying the permittee or the permittee’s responsible employee or agent involved in the threatening conduct.

B. The City official suspending the permit shall reinstate the permit when the threat is removed. The actions of the suspending City official may be appealed orally to the City Manager during the suspension. The City Manager shall determine whether an existing threat requires the continuation of the suspension and thereafter advise the permittee of the determination.

86.55.110 Special uses by permit – Any zone except Commercial.

The following uses may be established and maintained in any zone except Commercial only if the designated type of special use permit is first obtained and thereafter the permittee complies with all of the provisions therein:

Use

Type of Permit

Antenna tower

Minor

Antenna mast

Minor

Publicly owned

Major

Public utility/service

Uses and structures, including but not limited to reservoirs, tanks, pumping stations, telephone exchanges, power and transformer stations or facilities, but not including distribution lines

Major

Transmitters

Radio/television

Similar facilities

Major

(Ord. 1954 § 9, 2003; Ord. 1827; Ord. 1817)

86.55.120 Special uses by permit – Any zone except C-U, OS, Commercial, and R-4.

The following uses may be established and maintained in any zone, except the C-U, OS, Commercial, and R-4 Zones, unless specifically authorized in other sections of the Municipal Code, and only if the designated type of special use permit is first obtained and thereafter the permittee complies with all of the provisions therein:

Use

Type of Permit

Church

Major

Philanthropic institution

Major

Planned community development

Major

School

College

Elementary

Nursery

Day nursery

Preschool

Private

Secondary

University

Major

(Ord. 1981 § 6, 2006; Ord. 1954 § 10, 2003; Ord. 1817)

86.55.130 Special uses by permit – H-M Zone.

The following uses may be established and maintained in the H-M Zone only if the designated type of special use permit is first obtained and thereafter the permittee complies with all of the provisions therein:

Use

Type of Permit

Aquaculture

Major

Assemblages of many people/
automobiles, open-air theaters, sport/recreational enterprises

Major

Automobile car wash, whether or not in conjunction with any other use

Major

Boarding house

Major

Clinic, medical

Major

Dumps/landfills

Public

Private

Major

Formula fast food restaurants

Minor

Formula retail

Major

Hospitals

General

Convalescent

Major

Nursing home

Major

Rest home

Major

Sanitarium

Major

(Ord. 1954 § 11, 2003; Ord. 1919; Ord. 1910; Ord. 1881)

86.55.140 Special uses by permit – C Zone.

See CMC Title 88, Orange Avenue Corridor Specific Plan, for uses allowed in the Commercial Zone with a special use permit. (Ord. 1954 § 12, 2003; Ord. 1868)

86.55.150 Special uses by permit – L-C Zone.

Repealed by Ord. 1954. (Ord. 1868)

86.55.160 Special uses by permit – C-R Zone.

The following uses may be established and maintained in the Commercial Recreation Zone only if the designated type of special use permit is first obtained and thereafter the permittee complies with all of the provisions therein:

Use

Type of Permit

Art galleries

Major

Cocktail lounge

Major

Marine oriented activities

Boat/yacht sales

Not refueling facilities

Major

Meeting halls

Clubs

Lodges

Assembly halls

Major

Restaurant

Full service, fast food or formula fast food

Major

Theater for the performing arts

Major

Tourist oriented specialty shops

Major

Compatible uses determined by the Planning Commission to be closely related to uses in this section

Major

(Ord. 1910)

86.55.170 Special Uses by Permit – R-4 Zone.

A. The following uses may be established and maintained in the R-4 Zone only if the designated type of special use permit is first obtained and thereafter the permittee complies with all of the provisions therein:

Stand Alone Uses

Type of Permit

Hotel and motel

Major

Professional

Major

Residential care facility, large

Major

Boarding house

Major

Single-room occupancy units

Major

Combined Use Development

Type of Permit

Boarding house with residential

Major

Nursing home with residential

Major

Professional with residential

Major

B. A maximum of three professional sites are permitted in the R-4 Zone including new and existing facilities.

C. Professional office space as part of a combined use development is limited to the first floor of a building. (Ord. 2040 § 14, 2014; Ord. 1981 § 7, 2006; Ord. 1910)

86.55.175 Special uses by permit – R-4 Zone existing nonresidential facilities.

Existing nonresidential uses and facilities located in the R-4 Zone are permitted subject to one of the following:

A. To be maintained as stand alone uses.

B. To be reconstructed as stand alone uses subject to the issuance of a major special use permit.

C. To be reconstructed as a combined use development with professional and residential uses, provided professional office space is limited to the first floor and the total number of professional sites in the R-4 Zone does not exceed three, and subject to the issuance of a major special use permit. (Ord. 1981 § 8, 2006)

86.55.178 Special uses by permit – R-4 Zone clubs, lodges and churches.

Existing clubs, lodges, and churches in nonresidential facilities located in the R-4 Zone can be changed to different clubs, lodges and churches within an existing facility subject to a major special use permit. (Ord. 1981 § 8, 2006)

86.55.180 Special uses by permit – R-3 Zone.

The following uses may be established and maintained in the R-3 Zone only if the designated type of special use permit is first obtained and thereafter the permittee complies with all of the provisions therein:

Use

Type of Permit

Boarding house

Major

Lodging house (Note: Allowed only in “P” Overlay Zone)

Major

(Ord. 1788)

86.55.190 Special uses by permit – Open Space Zone.

The following uses may be established and maintained in the Open Space Zone only if the designated type of special use permit is first obtained and thereafter the permittee complies with all of the provisions therein:

Use

Type of Permit

Aquaculture

Major

Campground, public and private

Major

Commercial use incidental to the operation of public or private recreational facilities

Sale of food and refreshments

Boat refueling services

Major

Permanent structure necessary for and accessory to a permitted use

Major

Private recreational facility

Major

Compatible uses determined by the Planning Commission to be closely related to uses in this section

Major

(Ord. 1839)

86.55.193 Special uses by permit – Civic Use (C-U) Zone.

Repealed by Ord. 2040. (Ord. 2015 § 17, 2010)

86.55.195 Historic resources and special uses by permit – Residential Zones.

In addition to the aforementioned sections contained within this chapter, in any Residential Zone a historic resource may be used as a residential use, a combined residential and commercial use, solely as a commercial use, or any other use permitted by the Planning Commission and City Council through a major special use permit. (Ord. 1918)

86.55.200 Veterinarian hospital.

An animal hospital or veterinarian facility shall be subject to the applicable zoning regulations of this title, subject to the following:

A. The use shall be located no closer than 100 feet to any Residential Zone, or existing restaurant, hotel, or motel.

B. The use must have measures and controls that prevent offensive noise and odor. (Ord. 1954 § 13, 2003)

86.55.210 Antenna tower and antenna mast.

A. An antenna tower or antenna mast shall be subject to the applicable zoning regulations of this title, subject to such conditions as may be necessary to accomplish the purposes of this title.

B. No special use permit is required for a tower or mast which complies with each of the following:

1. Does not exceed 66 feet in height measured from grade level;

2. The first eight feet above grade level shall be visually screened by appropriate fences, walls or hedges;

3. No portion of the tower or mast is located within a setback area; and

4. Required building permits have been approved.

C. This section does not apply to antenna tower or masts associated with a wireless communications facility. (Ord. 2083 § 3 (Exh. A), 2018)

86.55.215 Wireless communication facilities (WCFs).

A. “Wireless communications facility” is defined as a facility that sends and/or receives radio frequency signals, AM/FM, microwave, and/or electromagnetic waves for the purpose of providing voice, data, images or other information, including, but not limited to, cellular and/or digital telephone service, personal communications services, and paging services. Wireless communications facilities include antennas and all other types of equipment for the transmission or receipt of such signals; towers or similar structures built to support such equipment; equipment cabinets, base stations, and other accessory development; and screening and concealment elements.

B. All wireless communication facilities, and any modifications, collocations, expansions or other changes to existing WCFs, are subject to review and applicable permits as specified in City Council procedures and all WCFs shall comply with said procedures.

C. “Wireless communication facility (WCF)” means any component, including antennas and all related equipment, buildings and improvements for the provision of personal wireless services defined by the Federal Telecommunications Act of 1996 and as subsequently amended. Personal wireless services include, but are not limited to, cellular, personal communication services (PCS), enhanced specialized mobile radio (ESMR), paging, ground-based repeaters for satellite radio services, micro-cell antennas and similar systems which exhibit similar technological characteristics. (Ord. 2083 (Exh. A), 2018)

86.55.220 Aquaculture.

Aquaculture shall be subject to the applicable zoning regulations of this title subject to the following: Mitigation of all significant environmental impacts into insignificance.

86.55.230 Automobile car wash.

An automobile car wash shall be subject to the applicable zoning regulations of this title, subject to the following:

A. All equipment used for the facility shall be soundproofed so that any noise emanating therefrom, as measured from any point on adjacent property, shall be no more audible than the noise emanating from the normal street traffic at a comparable distance;

B. Hours of operation shall be as specified in the special use permit;

C. Vacuuming facilities shall be located to discourage the stacking of vehicles entering the car wash area and causing traffic congestion adjacent to any areas used for ingress or egress; and

D. The minimum setback from the car wash structure to the front property line shall be determined by the Zoning Administrator, upon submission of plans for design review and architectural approval.

86.55.240 Automobile sales facilities, new and/or used.

Repealed by Ord. 1954.

86.55.250 Automobile service station.

A special use permit shall be required for an automobile service station under the following conditions:

1. Construction of a new service station;

2. Reopening of a service station that has been vacant for a period of at least six months; or

3. Renovation, alteration or addition to an existing service station when such change, within a 12-month period, exceeds 50 percent of the value of the existing building or structure as officially established by the latest records of the County Assessor of San Diego County.

When an automobile service station is proposed, then, in addition to the applicable zoning regulations and the regulations of this chapter, the proposed use shall be subject to the following:

A. Application Procedure. The applicant shall submit the following information:

1. A full dimensioned plot plan of the property drawn to scale, showing location of all buildings, canopies, points of vehicular access, pump islands, storage facilities, landscape planters, exterior lighting standards, signs, walls, parking spaces, trash enclosures, curb cuts and driveway approaches;

2. An engineered on-site grading plan, which shows compliance with all requirements of the City governing grading and drainage;

3. A landscape and irrigation plan showing the size, location, number and variety of plant materials to be used, including the botanical or common plant names and the location, type and design of all irrigation facilities;

4. Architectural elevations of all buildings, walls, signs and trash enclosures including a description of the materials, textures and colors to be used; and

5. A list of services and operations intended to be provided.

B. Activities and Services. In addition to the sale of motor fuel, activities and services shall be permitted, limited or precluded as follows:

1. Rental of trucks, trailers and similar vehicles may be permitted; provided, that the site contain adequate space for display and/or parking and that such rentals be displayed and/or parked only in an area so designated as part of the special use permit. Unless expressly stated otherwise as part of the special use permit, displaying and/or parking of rentals shall not be within 20 feet of any street frontage property line.

2. All new and used merchandise shall be stored and displayed within the service station building, except new and reconditioned tires, batteries, accessories and lubrication items which are maintained in enclosable cabinets or racks designed for the display and sale of said merchandise. The location of enclosable cabinets and racks shall be designated on the special use permit.

3. No used or discarded automotive parts or equipment or permanently disabled, junk or wrecked vehicles shall be located outside the service station building except within an enclosed trash storage area screened from public view.

4. All major auto repair, as defined herein, including but not limited to painting, welding, body and fender repair, tire recapping and the rental of heavy equipment and the sale and rental of other merchandises other than that specified in this section and in the special use permit, is expressly prohibited.

5. Public telephones are permitted, provided they shall observe the same front and side yard setbacks as any adjoining property and are located so as to be visible from the public right-of-way and accessible on a 24-hour basis.

6. Products which render an express convenience of service to the customer, such as pump island racks containing oil cans and additives, may be displayed under the pump island canopy when maintained in a cabinet or display rack. Such cabinets or racks shall not obstruct vehicular access to pump islands.

7. The sales and rental of any type of merchandise not related to the motoring public is prohibited except vending machines shall be permitted only within an enclosed building and shall not be visible from off the premises, and such proprietary items as road maps, highway flares, insecticides or other small items incidental and related to the convenience of the motoring public.

8. Tow trucks and similar service vehicles may be allowed if approved as part of the special use permit and shall be parked only in an area expressly provided and approved as part of the special use permit.

9. The use of a service station as a commercial parking lot is prohibited unless expressly approved as part of the special use permit.

10. Storage and trash shall be kept only in areas approved as part of the special use permits and shall not be placed higher than the walls enclosing such areas. Trash may be collected in containers at the pump islands or inside buildings and service bays. Any such containers visible from off the premises shall be designed as an integral part of the building architecture.

11. Hours of operation may be designated as part of the special use permit if exceptional circumstances exist such as close proximity to Residential Zones.

12. The removal, overhaul, and replacement of motors, differentials and transmissions is permitted, provided these activities occur within a completely enclosed building, and on vehicles with a rated capacity not to exceed one and one-half tons. These activities shall constitute only an accessory and incidental use of the service station operation and shall not create obnoxious odors, smoke, noise, vibration or otherwise create a nuisance.

C. Combination Uses. Service stations combined with another use may be approved as part of the special use permit providing the other use is permitted within the zone district, parking and access is provided for the customers in an area additional to the area required for the service station and access to the other use is safe and not in conflict with the service station.

D. Development Standards. The architectural design of service station development shall be compatible with the character of development of the area in which it is to be located. However, innovative architectural design and site layout which would contribute to the efficiency and appearance of the station and minimize adverse effects on adjacent property is encouraged.

E. Access.

1. Two driveways on each street frontage may be permitted with the approval of the City Engineer. Access driveways shall be no closer than 35 feet from the point of intersection of the ultimate right-of-way lines of the adjoining street, but in no case closer than five feet to the point of curb return. Such driveways shall be at least 25 feet apart and they may be no closer than five feet to the side property line.

2. Whenever possible, a combined driveway for both the service station and adjacent shopping center or commercial property shall be designated and provided.

3. Access to lube bays shall be from the side or rear of the station except in cases where the Planning Commission finds that front access will best preserve the interests of adjacent land users, will serve the interests of the public and the station operation from the standpoint of safety and convenience, and will foster the development of desirable circulation patterns. Stations where front access to lube bays is permitted shall have landscaping and/or related screening devices to reduce the view into the lube room work areas.

F. Lot Grading and Drainage. Grading of service station sites shall provide a minimum rise, in order to ensure required fall for drainage, and shall be engineered in a compatible manner with the surrounding properties. All drainage to the street shall be by underground structures to avoid drainage across City sidewalks or drive aprons, and shall be subject to the approval of the Director of Public Services.

G. Utilities. All on-site utilities (electrical and communication) shall be installed underground. Existing off-site abutting utility lines shall be converted to underground if street widening necessitates relocation of such utility facilities.

H. Setbacks. All buildings shall be set back from interior and street frontage property lines a minimum of 30 feet, pump islands parallel to the adjacent street shall be situated a minimum of 20 feet from all property lines, pump islands perpendicular to the adjacent street shall be a minimum of 24 feet from all property lines, and canopies shall be a minimum of 10 feet from any street frontage property line.

I. Canopy Structure. Every pump shall be covered by a canopy structure designed and constructed of material to blend with the main building. Where design permits, the pump island canopy structure shall be attached to and made an integral part of the main building structure.

J. Storage Area. Each service station shall have a storage area. The required storage area may be constructed outside of the main building providing that it be enclosed by an eight-foot high solid masonry wall, containing an opening enclosed with a view obscuring gate made of a durable material, and be roofed and contiguous to the main building unless approved otherwise as part of the special use permit.

K. Trash Enclosure. Each service station shall have at least one trash enclosure. All outside trash areas shall have a minimum area of 100 square feet with a minimum dimension of five feet by eight feet, have a concrete floor, be constructed to accommodate a refuse container, and except for one entrance, are to be surrounded by an eight-foot high solid wall constructed of masonry or steel and shall be constructed in a manner so that the materials used will blend architecturally with the design of the main structure. The entrance shall be enclosed with a view obscuring gate made of a durable metal material.

L. Restrooms. All restroom entrances shall be situated either to the side, to the rear or within the main building. The restroom area may be situated in a location other than above if approved by the Planning Commission as part of the special use permit. All outside restroom entrances shall be screened by not less than a five-foot high decorative structure and screen landscaping conforming to the design of tile station.

M. Lighting. All exterior lighting, including canopy lighting and perimeter lighting, shall be located, arranged and shielded so as to prevent substantial glare or reflection onto adjacent properties or public right-of-way.

N. Perimeter Walls. Whenever a service station abuts property in a Residential Zone, there shall be constructed along the property line abutting the Residential Zone a solid decorative masonry wall not less than six feet nor more than eight feet in height, measured from finished grade elevation of abutting residential property. Walls need not be installed when building walls or other acceptable walls already exist on such property lines, or the service station is part of a shopping center development. The wall requirement may be modified as part of the special use permit.

O. Walls as Landscaped Separation. A wall constructed on the interior property lines shall make provisions for three wells or landscaped planting areas not less than 16 square feet in area. When included as part of the wall design, the wells or plantings shall be spaced not less than eight feet nor more than 16 feet apart. Continuous planters or planters of uneven length may satisfy this requirement if they are at least four feet deep, extending at least one-third of the length of the wall, and include trees planted not more than 16 feet apart.

P. Landscaping. At least 10 percent of the site shall be landscaped with plant materials designed to provide beautification and screening. Planting areas shall include but are not limited to the following:

1. All landscaped planters shall be enclosed with a brick or concrete curb not less than six inches high above the finished grade of the site.

2. A minimum five-foot wide (inside dimension) raised planter, with six-inch curb face made of concrete or brick, for purposes of separating pump islands from the sidewalk. Landscaped planters may be rounded at driveway entrances utilizing a minimum 10-foot radius.

3. A minimum of 150 square feet of raised planter with curb, minimum six inches in height, shall be provided at the street frontage of the intersecting corner of the site, from curb cut to curb cut.

4. All planting other than trees shall be so maintained so as not to exceed a height greater than 30 inches, shall not be thorny or spiked and shall not extend over the sidewalk or public right-of-way.

5. Fifteen-gallon trees shall be placed in the parkway area (between curb face and back of sidewalk) with spacing and variety of trees to be approved by the Director of Public Services and the Design Review Commission.

6. The main structure of each service station shall be provided with masonry enclosed planters adjacent to all building areas not occupied by doorways, trash areas, by opening, or other such reasonable areas of deletion, or possess a 42-inch high masonry veneer wall. This provision shall apply in such cases where metal buildings are constructed.

7. Except for common traffic movement drives, service stations within shopping centers or tourist centers shall be delineated from the remainder of the property by a landscaped buffer with minimum inside dimensions of four feet and enclosed by a six-inch concrete or brick curb. Common and integrated traffic movement drives between the service station and the remainder of the property shall be encouraged.

8. All planting areas shall be provided with a permanent irrigation system of a design suitable for the type and arrangement of the plant materials selected.

9. All planted areas shall be maintained so as not to constitute a health or fire hazard.

86.55.260 Auto repair.

An auto repair facility shall be subject to the applicable zoning regulations of this title, subject to the following:

A. The repair activity shall be enclosed in a building.

86.55.270 Building materials retail sale.

A building materials retail sales use shall be subject to the applicable zoning regulations of this title, subject to the following:

A. Outdoor storage yard activity shall be completely screened from public view.

86.55.280 Clubs, lodges, assembly halls, and public buildings.

A club, lodge, assembly hall or public building shall be subject to the applicable zoning regulations of this title, subject to the following:

A. Any such use shall provide access without causing heavy traffic congestion on adjacent residential streets;

B. They will not be a nuisance to residences or other adjacent uses; and

C. Incidental commercial activity shall be confined completely within the building.

86.55.290 Industrial/manufacturing.

An industrial or manufacturing use involving the manufacture, repair or processing of materials or goods shall be subject to the applicable zoning of this title, subject to the following:

A. The use shall be conducted within an enclosed building; and

B. Where materials or goods are to be stored outside, such materials or goods shall be completely screened from public view.

86.55.300 Hospital or convalescent hospital.

A hospital or convalescent hospital shall be subject to the applicable zoning regulations of this title, subject to the following. In any R Zone, other than the R-SCD Zone, the use:

A. Shall be located on a collector street or thoroughfare;

B. Shall be located on a parcel of one acre or more;

C. Shall maintain a 10-foot wide minimum landscaped strip or solid eight-foot fence or masonry zoning wall on all property lines abutting any R Zone (except that the fence or wall may be reduced to three and one-half feet in a landscaped front setback area not containing parking facilities); and

D. Shall have side yard and rear yard setbacks of at least 20 feet.

86.55.310 Kennels for dogs/cats.

Repealed by Ord. 1954. (Ord. 1885)

86.55.320 Reserved.

86.55.330 Repealed.

Repealed by Ord. 1827.

86.55.340 Lodging houses.

A lodging house shall be subject to the applicable zoning regulations of this title, subject to the following:

A. The use shall occur in a structure constructed prior to 1900 for which City of Coronado historic resource designation must be obtained and maintained per CMC Title 84.

B. The historic dwelling unit shall be maintained on its original site in a manner to reflect the dwelling’s original architecture, massing and bulk. (Ord. 2018 §§ 6, 7, 2010; Ord. 1788)

86.55.350 Mixed use development.

A. Mixed use development incorporating residential uses may be allowed in the Central Commercial or Limited Commercial Zones as a “Planned Community Development” per the standards and procedures of Chapter 86.46 CMC and the residential density permitted in the R-4 Zone.

B. Repealed by Ord. 1954. (Ord. 1954 § 16, 2003; Ord. 1868)

86.55.360 Formula fast food restaurants.

A. Purpose. The purpose of the standards in this section is to regulate the number, location and operation of formula fast food restaurants in order to maintain the City’s unique village character, the vitality of our commercial districts, and the quality of life of Coronado residents.

B. Regulations.

1. The formula fast food restaurant shall fully comply with all applicable regulations in this code.

2. The regulations in this section shall be used by the Planning Commission in reviewing an application or amendment for a minor special use permit concerning a formula fast food restaurant, and by staff when reviewing a building permit application, an application for occupancy or a Design Review or Planning Commission application.

3. A formula fast food restaurant may only be established on a site after obtaining a minor special use permit from the City for the operation of that use on said site. Similarly, a formula fast food restaurant may only relocate or physically expand in a manner to increase its seating capacity after obtaining a minor special use permit or minor SUP amendment as applicable.

4. Change of ownership shall not, by itself, require obtaining a minor special use permit or minor SUP amendment as applicable.

C. Establishment or Relocation. A formula fast food restaurant may only be established or relocated:

1. On a site that is not located on a street corner; except such a restaurant may be located on a street corner where the immediate prior use was a formula fast food restaurant;

2. Where it would not result in two or more formula fast food restaurants operating on that site (i.e., two or more formula fast food restaurant business entities requiring separate business licenses, or displaying in a manner visible from public property separate business trademarks, logos, service marks or other mutually identifying names or symbols, for the daily or weekly conducting of business on the same site);

3. When it would not result in formula fast food restaurants operating at more than 10 sites under the jurisdiction of this title; and

4. So long as the Planning Commission finds that establishing or relocating the formula fast food restaurant will not increase the intensity of use on the site to a level that will adversely impact:

a. Land uses in the area;

b. Pedestrian or motor vehicle traffic; or

c. The public welfare.

D. Physical Expansion. An existing formula fast food restaurant may only be physically expanded in a manner to increase seating capacity:

1. Onto a site other than a corner;

2. Where it would not result in two or more formula fast food restaurants operating on that site (i.e., two or more formula fast food restaurant business entities requiring separate business licenses, or displaying in a manner visible from public property separate business trademarks, logos, service marks or other mutually identifying names or symbols, for the daily or weekly conducting of business on the same site); and

3. So long as the Planning Commission finds that physically expanding the formula fast food restaurant will not increase the intensity of use on the site to a level that will adversely impact:

a. Land uses in the area;

b. Pedestrian or motor vehicle traffic; or

c. The public welfare.

E. Trash. The formula fast food restaurant will operate in accordance with a “trash disposal plan,” approved by the Planning Commission. The plan shall address litter control, trash collection, on-site storage, and pick up on a regular basis. The plan shall include proof of a contract with the City disposal contractor, and specify that such a contract shall be maintained as a requirement for the issuance and retention of the minor use permit.

F. Design Review. Establishment or external alteration of a formula fast food restaurant is subject to Design Review Commission review. (Ord. 1901; Ord. 1881)

86.55.370 Formula business.

A. Purpose. The purpose of the standards in this section is to regulate the location and operation of formula business establishments in order to maintain the City’s unique village character, the diversity and vitality of the community’s commercial districts, and the quality of life of Coronado residents. It is presumed that establishing or preserving an appropriate and balanced mix of local, regional, and national-based businesses and small, medium or large-sized businesses will more effectively serve to achieve this purpose as a strategy to maintain the economic health of the community’s business districts and the small-scale eclectic ambiance.

B. Regulations.

1. A formula business establishment may be allowed in the Hotel-Motel Zone with a major special use permit;

2. The cumulative expansion of a formula business establishment by 500 or more square feet of floor area shall require a minor special use permit amendment or a minor SUP if the establishment does not already have a major special use permit;

3. A formula business establishment (except for grocery stores, banks, savings and loans, full service restaurants and theaters) shall not have a street level frontage of greater than 50 linear feet on any street or have its retail space occupy more than two stories;

4. A formula business establishment shall fully comply with all applicable regulations of this code including environmental design review; and

5. Change of ownership of an existing formula business establishment shall not, by itself, require obtaining a major special use permit or major SUP amendment as applicable.

C. Required Findings for Approval.

1. The formula business establishment will be compatible with existing surrounding uses, and has been designed and will be operated in a nonobtrusive manner to preserve the community’s character and ambiance;

2. Approval of the formula business establishment will be consistent with the policies and standards of the General Plan and the local coastal program, and that the proposed intensity of uses on the sites is appropriate given the uses permitted on the site and on adjoining sites by these documents;

3. Approval of the formula business establishment will contribute to an appropriate balance of local, regional or national-based businesses in the community; and

4. Approval of the formula business establishment will contribute to an appropriate balance of small, medium and large-sized businesses in the community. (Ord. 1954 § 14, 2003; Ord. 1919)

86.55.380 Emergency shelters.1

Repealed by Ord. 2040. (Ord. 2015 § 17, 2010)


1

Code reviser’s note: Ordinance No. 2015 adds these provisions as CMC 86.55.370. This section has been editorially renumbered to prevent duplication of numbering.