Chapter 10-2 ZONING: PART II. Article 10 Automobile Sales/Service and Custom Manufacturing District (AS-CM)

Article 10. Automobile Sales/Service and Custom Manufacturing District (AS-CM)

10-2.2.1001 Purpose and Intent.

The purpose of the automobile sales/service and custom manufacturing zone is to retain and promote a well-defined automobile sales and service area, which also allows custom manufacturing uses in the North Downtown Specific Plan area. The intent is to provide a distinct commercial district which reserves land area primarily for auto dealers, auto service, other related auto-oriented retail uses, and custom manufacturing.

The automobile sales/service and custom manufacturing zone is designed for the area just north of Ygnacio Valley Road where many auto dealerships and automobile service businesses currently exist. Automobile dealerships are advocated as the primary use. Auto services and auto-oriented retail uses which promote the vitality and expansion of automobile dealerships are also encouraged. Custom manufacturing uses are allowed within the North Downtown Specific Plan area, and are encouraged along Makers' Row on Pine Street. Other uses may be accessory to the above uses or which can demonstrate no adverse effects on the viability of the area may also be considered. (§10, Ord. 2200, eff. 12/6/19)

10-2.2.1002 Land Use Regulations.

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

Letters in parentheses in the "Additional Regulations" column are described in the "Additional Regulations" section following the "Use Regulations." Where a Use Regulation or a letter in parentheses is opposite a use classification heading, the referenced regulations shall apply to all use classifications under the heading. Land uses not listed (indicated by strikeout) are not permitted.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(H)
1. Adult Day Care Home	P
2. Congregate Living Facility	L(1)
3. Family Day Care Home
a. Small Family Day Care Home	P	(A)
b. Large Family Day Care Home	L(2)	(A)
4. Group Residential	L(1)
5. Multiple Family Residential
6. Residential Care Home	P
7. Accessory Dwelling Unit
8. Single Family Residential
B. Commercial Use Classifications		(B)
1. Ambulance Services
2. Animal Sales and Service
a. Animal Hospital
b. Animal: Retail Sales and Grooming
c. Horse Stables
d. Kennel
3. Artist Studio
4. Banks and Savings and Loans
a. Banks and Savings and Loans
(1) With Drive-up Service
(2) With Automated Teller Machine
5. Catering Services	L(3)
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities	L(4)
8. Custom Manufacturing	L(5)
9. Eating and/or Drinking Establishments		(I)
a. Eating and/or Drinking Establishments	P
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(6)
(2) With Wine and Beer Service Ending After 11:00 p.m.	L(7)
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(6)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.	L(7)
(5) With Live Entertainment	P	(C) (I)
(6) With Dancing	P	(C) (I)
(7) With Take-out Service	P
(a) Drive-up	U
(8) With Permanent Outdoor Seating	L(8)
(9) With Off-site Distribution	U	(D)
(a) Micro-brewery	U	(D)
10. Food and Beverage Sales
a. Food and Beverage Sales
b. Convenience Market
(1) With Gasoline Sales
c. Specialty Food Shops	L(9)
(1) With Off-site Distribution	L(3)	(D)
11. Funeral and Interment Services
12. Health Clubs	L(4)
13. Home Improvement Sales and Service
14. Horticultural Establishment
15. Lumber and Building Material Yard
16. Maintenance and Repair Service/Small Equipment
17. Mini Storage
18. Nursery
19. Offices, Business and Professional
a. Offices, Business and Professional	L(10)
(1) Offices, Medical	L(10)
20. Parking, Commercial Facility	P	(E)
21. Pawn Shop
22. Personal Improvement Services	L(4)
23. Personal Services
24. Recreation and Entertainment, Commercial
a. Within a Building
b. Outside a Building
25. Research and Development Services
26. Retail Sales/Rental	L(11)
27. Vehicle/Equipment Sales and Service
a. Automobile Rental/Leasing	L(12)
b. Automobile Sales/New and Used	L(12)
c. Automobile Washing	L(13)
d. Automobile Wrecking
e. Service Stations	L(13)	(F)
(1) Automobile Washing	L(13)	(F)
f. Vehicle/Equipment Repair	L(12)
(1) Limited Vehicle Service	L(12)
g. Vehicle/Equipment Sales and Rentals	L(13)
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns
b. Hotels
c. Motels
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facility	U
2. Child Day Care Facility (Day Care Center)	U	(A)
3. Clubs and Lodges
4. College, Public or Private
5. Cultural Institutions
a. Cultural Institutions
b. Natural History/Science Museum
6. Emergency Medical Care/No Inpatient
7. Government Offices	L(4)
8. Hazardous Waste Management Facility
9. Heliports
10. Hospitals
a. Acute Care
b. Other
11. Housing for the Homeless/Emergency Shelters	L(4)
12. Maintenance and Service Facilities
13. Park and Recreation Facilities	P
14. Public Parking Facilities	P
15. Public Safety Facilities	P
16. Public Transit Terminals
17. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(14)	(G)
(2) Small Collection Facility	L(14)	(G)
(3) Large Collection Facility	U	(G)
b. Processing Facility	U	(G)
18. Religious Assembly
19. Residential Care Facility
20. Schools, Public or Private
21. Skilled Nursing Facilities
22. Utilities, Major	L(15)
23. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters
2. Accessory Structure	L(16)
3. Accessory Uses	L(17)
a. Garage Sales
b. Home Occupations	L(18)
c. Personal Cannabis Cultivation
G. Temporary Uses		(B)
1. Arts and Crafts Shows, Outdoor	L(19)
2. Christmas Tree Sales	L(19)
3. Civic/Community Events	L(19)
4. Farmers Markets	L(19)
5. Live Entertainment Events	L(19)
6. Outdoor Seating/Eating and Drinking Estab	L(8)
7. Pumpkin Sales	L(19)
8. Retail Sales, Outdoor	L(19)
9. Swap Meets, Non-Recurring	L(19)
10. Swap Meets, Recurring	L(19)
11. Street Fairs	L(19)
12. Vendor Carts	L(20)

USE REGULATIONS
L(1)	Permitted subject to the issuance of a Conditional Use Permit and compliance with L(4).
L(2)	Permitted subject to the issuance of a Large Family Day Care Home Permit by the Zoning Administrator.
L(3)	Permitted as an accessory use associated with Delicatessens, Bakeries or an Eating and Drinking Establishment, otherwise permitted subject to L(4).
L(4)	Permitted; provided, that the facility will be located on floors above the ground level.
L(5)	Permitted within the plan area boundaries of the North Downtown Specific Plan; otherwise not permitted.
L(6)	Permitted upon approval of an Administrative Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance.
L(7)	Not permitted if located within 600 feet of the boundary of any school (as defined in Article 4, Sec. 10-2.1.403.E) if providing full alcoholic beverage service. Otherwise, permitted upon approval of a Conditional Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance.
L(8)	Outdoor seating which requires the construction of permanent structures or alterations to existing buildings shall be subject to Design Review (see Part IV, Article 12. Design Review). A Temporary Encroachment Permit is required for the temporary use of the public right-of-way for the placement of tables and chairs.
L(9)	Delicatessens and bakeries are permitted. All other uses within this classification are not permitted.
L(10)	Permitted; provided, that the office is an accessory use to a permitted use, otherwise permitted on floors above the ground level. If the facility is to be located on the ground floor, the use is permitted upon approval of a Conditional Use Permit. In approving the Use Permit, the Planning Commission shall find that: a) The building was designed as an office or retail building and has been utilized as an office building throughout its entire existence. (Evidence shall be presented to the Planning Commission to document that this condition applies. Acceptable evidence shall include DRC and/or PC minutes and resolutions indicating the type of construction or proposed use and leasing records); and b) There is no material expansion, major structural alteration or major reconstruction proposed as part of the use permit request, notwithstanding tenant improvements; and c) The proposed use will have no adverse effects on the long-term viability of the Auto Sales/ Service and Custom Manufacturing Zoning District. Permitted; provided, that the facility will be located on floors above the ground level.
L(11)	Retail sales/rental of automotive parts and accessories are permitted. All other uses within this classification are not permitted.
L(12)	All facilities which have repair, loading, storage and other visually detractive activities which would be visible from the North Main Street corridor shall be reviewed and approved by the Design Review Commission. The Design Review Commission shall not approve any application where such activities cannot be adequately screened so as to preclude visibility from the North Main Street corridor.
L(13)	Permitted subject to L(11) and the approval of a Conditional Use Permit.
L(14)	Permitted subject to the approval of the Community Development Director.
L(15)	Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(16)	Accessory structures are permitted subject to Sec. 10-2.2.1003. Property Development Regulations.
L(17)	See the use regulation for the primary use classification.
L(18)	Home Occupations are permitted subject to the approval of a Home Occupation Permit (see Sec. 10-2.3.107. Home Occupations).
L(19)	Permitted subject to the approval of a Temporary Activity Permit (see Sec. 10-2.3.118. Temporary Activity Permits).
L(20)	Vendor carts associated with a Civic/Community event are permitted subject to approval of a Temporary Activity Permit (see Sec. 10-2.3.118. Temporary Activity Permits). All other vendor carts are not permitted.

ADDITIONAL USE REGULATIONS
(A)	See Part III, Article 6. Child Day Care Facilities.
(B)	See Sec. 10-2.3.121. Regulations for Outdoor Sales, Service, Display.
(C)	See Municipal Code, Title 4. Chapter 11. Public Dance Permits.
(D)	See Sec. 10-2.3.123. Offsite Distribution, Eating and Drinking Establishments and Specialty Food Shops.
(E)	See Part III, Article 2. Off-Street Parking and Loading.
(F)	See Part III, Article 8. Concurrent Sales of Gasoline and Alcoholic Beverages and Sec. 10-2.3.122. Service Stations; Convenience Markets with Gasoline Sales.
(G)	See Part III, Article 7. Recycling Facilities.
(H)	See Part III, Article 9. Inclusionary Housing.
(I)	See Part III, Article 12. Alcoholic Beverage Sales.

(Ord. 1877, eff. 1/6/96; §2, Ord. 1880, eff 2/15/96; §9, Ord. 1927, eff. 7/16/98; §§23, 24, 25, Ord. 2109, eff. 6/15/12; §14, Ord. 2129, eff. 7/3/14; §6, Ord. 2145, eff. 3/4/16; §§7(1), (48), Ord. 2183, eff. 9/8/18; §3, Ord. 2188, eff. 3/8/19; §10, Ord. 2200, eff. 12/6/19; §5(1), Ord. 2216, eff. 7/2/22)

10-2.2.1003 Property Development Regulations.

The following schedule prescribes development regulations for the Automobile Sales/Service and Custom Manufacturing District. The symbol "NA" indicates that there is no restriction for that particular development regulation or it is not applicable in this District. Numbers in parentheses refer to the "Additional Development Regulations" following the schedule. If the "Development Regulation" column is blank, the development regulation is then outlined in the "Additional Regulation" footnote.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	NA
B. Minimum Lot Width	NA
C. Minimum Lot Frontage	NA
D. Minimum Lot Depth	NA
E. Minimum Setbacks		D(1) D(2)
1. Front	NA
2. Side	NA
3. Corner Side	NA
4. Rear	NA
F. Maximum Height		D(3)
G. Density
1. Residential		NA
2. Commercial		D(4)
3. Mixed Use		NA
H. Maximum Lot Coverage	NA
I. Maximum Floor Area Ratio		D(4)
J. Design Review	See Sec. 10-2.4.1202.	D(5)
K. Landscaping	See Part III, Article 11.	D(6)
L. Storage Space for Residential Units	NA
M. Fences and Walls	See Sec.10-2.3.104.
N. Antennas	See Sec. 10-2.3.120.
O. Nonconforming Conditions	See Part III, Article 3.
P. Elevators	See Sec. 10-2.3.124.
Q. Recycling Facilities	See Part III, Article 7.
R. Parking and Loading	See Part III, Article 2.
S. Signs	See Title 10, Chapter 8.
T. Preservation of Trees	See Title 3, Chapter 8.
U. Hillside Performance Standards	See Part III, Article 4.
V. Stormwater Control	See Title 9, Chapter 16.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	See Sec. 10-2.3.106. Exclusion of Rights-of-Way.
D(2)	Refer to the Zoning Map for Future Street Line Setbacks.
D(3)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional building height upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the North Downtown Specific Plan: Refer to the Zoning Map.
D(4)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional FAR upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the North Downtown Specific Plan: Refer to the General Plan, Chapter 4, Figure 8 (Core Area Commercial Floor Area Ratios).
D(5)	New buildings with an office component shall be designed to assure that future uses shall be related to auto sales, auto retail or auto service. Any office component that is not so designed shall be denied by the Design Review Commission.
D(6)	No building shall be constructed or moved onto any building site, nor shall any building be enlarged unless a minimum of five percent (5%) of the site is landscaped.

(§2, Ord. 2037, eff. 12/17/04; §12, Ord. 2070, eff. 6/20/2008; §14, Ord. 2108, eff. 4/7/12; §10, Ord. 2200, eff. 12/6/19; §8, Ord. 2209, eff. 3/19/21)