Chapter 17.22
CC COMMUNITY COMMERCIAL DISTRICT
Sections:
17.22.020 Permitted primary uses.
17.22.030 Conditionally permitted uses.
17.22.055 Lot area and dimensions.
17.22.060 Development standards.
17.22.070 Other development standards.
17.22.010 Purpose and intent.
The Community Commercial (CC) District is intended to implement the Community Commercial land use designation of the General Plan. It provides areas at the edge of the downtown commercial core and at several intersections for activities that are similar to those in the Downtown Commercial District, but because of their size or relatively low pedestrian traffic generation are appropriate for the CC district. These uses predominantly provide for the day-to-day needs of residents, and because of their operational characteristics and space needs (storage, size, parking, etc.) are considered appropriate for the CC district.
The CC district is also intended to provide a transition between the more intense activities in the DC district and the less intense activities in the residential districts adjacent to commercial areas. Therefore, mixed residential-commercial uses are appropriate in the CC district. Except for visitor accommodations and live-work units, all newly constructed floor area located above a first floor is encouraged to be for resident-serving commercial uses and/or residential.
In order to maintain and enhance Calistoga’s small-town character, development in the CC district shall be guided by relevant policies of the General Plan’s Community Identity Element and the character areas, gateways and entry corridors of the Land Use Element. (Ord. 714 § 4 (Exh. A), 2015).
17.22.020 Permitted primary uses.
A. The following primary uses are permitted in the CC district:
1. Retail uses including, but not limited to: grocery stores, fruit and vegetable markets, pharmacies, bicycle sales, furniture sales, audio-video stores, florists, frame shops, bookstores, clothing and apparel shops, gift shops, sales of household goods and appliances, and hobby and craft shops.
2. Art galleries.
3. Service uses, including, but not limited to: dry cleaning, not including processing plants; laundromats; tailors; shoe repair; bicycle repair; repair of household goods and appliances.
4. Personal service establishments, such as spas, beauty salons, and barbershops.
5. Dance studios and schools.
6. Business and professional offices, such as for accountants, lawyers, architects, engineers, realtors, and financial advisors.
7. Medicalnd dental clinics.
8. Banks and financial institutions without drive-up facilities.
9. Veterinary clinics without boarding facilities.
10. Emergency shelters as defined in Chapter 17.04 CMC, subject to the following development standards:
a. A maximum of 20 beds shall be permitted.
b. Temporary shelter may be made available to residents for no more than 180 days in any 12-month period.
c. A client intake/waiting area shall be provided at a minimum of 10 square feet per bed provided at the facility, with a minimum of 100 square feet. Said intake/waiting area shall be in a location not adjacent to the public right-of-way. If located at the exterior of a building, the intake/waiting area shall be visually separated from public view by a minimum six-foot-tall landscape screen or a minimum six-foot-tall decorative wall, and shall provide consideration for shade/rain provisions.
d. Adequate external lighting shall be provided for security purposes.
e. Security personnel shall be provided during the hours that the emergency shelter is in operation.
f. At least one facility manager shall be on site at all hours that the facility is open. Additional support staff shall be provided, as necessary, to ensure that at least one staff member is provided in all segregated sleeping areas, as appropriate.
11. Mobile food vendors, subject to the requirements of Chapter 5.12 CMC, Mobile Food Vendors.
12. Uses determined by the Planning Commission to be similar in nature, as provided for according to the procedures in Chapter 17.03 CMC. (Ord. 761 § 4, 2023; Ord. 728 § 3, 2017; Ord. 714 § 4 (Exh. A), 2015).
17.22.030 Conditionally permitted uses.
A. The following uses require a conditional use permit in the CC district, pursuant to Chapter 17.40 CMC:
1. Wine shops, including tasting facilities.
2. Wine, beer and liquor sales.
3. Tasting rooms.
a. Seventy-five percent of the wines poured for tasting in a winery tasting room without charge shall comply with one of the following:
i. Are labeled Napa County, Napa Valley or other legally recognized American viticultural area within the County of Napa; or
ii. Are made with at least 75 percent fruit grown within the 94515 Zip Code area.
A combination of wines meeting the criteria stated in subsection (A)(3)(a) of this section may be allowed if collectively the combination represents at least 75 percent of the wines being poured for tasting in the winery tasting room.
b. The use shall meet the standards of the City’s tasting room policy, adopted by resolution.
4. Antique stores.
5. Sale of used or secondhand goods, excluding books and magazines.
6. Thrift and discount stores, not including manufacturers’ outlet stores.
7. Firearm and ammunition sales.
8. Walkaway businesses.
9. Outdoor sales establishments, such as plant nurseries and garden supplies, and storage associated with a primary use, such as hardware and home improvement stores.
10. Sexually oriented retail businesses.
11. Automobile, boat, recreational vehicle and agricultural equipment sales, rentals and repair.
12. Cottage industries, such as carpenters, when ancillary to retail sales of products or merchandise made on the premises.
13. Car wash facilities.
14. Banks and financial institutions with drive-up facilities.
15. Veterinarian clinics with boarding facilities, subject to the provisions of CMC 17.14.020(B)(3).
16. Restaurants, bakeries, bars, cafes, and similar uses, with or without outdoor dining.
17. Formula businesses otherwise allowed in CMC 17.22.020, but not including formula restaurants or formula visitor accommodations.
18. Hotels, hotel-condominiums, motels, resorts and inns. New visitor accommodations shall generally be allowed where they are part of a mixed-use project that provides tangible benefits to the community.
19. Live entertainment and/or dancing.
20. Theaters and places of public assembly such as halls, lodges, fraternal organizations and clubs.
21. Stand-alone parking lots.
22. Off-site parking for businesses.
23. Wineries, including public tours and tastings, winery events and private wine marketing events.
24. Temporary storage or warehousing of nontoxic/nonhazardous material substances, subject to the following requirements:
a. The use shall be entirely enclosed within an existing structure as of the effective date of the ordinance codified herein. New structures or expansion of more than 10 percent of an existing structure shall be prohibited for such uses.
b. The use shall primarily serve the permanent resident population of Calistoga.
c. The use shall be allowed for up to two years. The use may only be extended upon the review and approval of the Planning Commission; provided, that a needs assessment is prepared indicating a demand for the use.
d. The use is prohibited within an entry corridor designated in the General Plan.
e. Public storage uses are prohibited.
f. Warehousing or storage of products for regional distribution is prohibited.
g. Outdoor storage of goods and materials is prohibited.
25. Live-work units and caretakers’ quarters; provided, that the following guidelines have been considered:
a. The required off-street parking for the exclusive use of dwelling units is provided pursuant to Chapter 17.36 CMC.
b. A screened yard area of not less than 300 square feet is provided per dwelling unit, except in cases where due to the location of existing structures there is no land available for said yard.
c. In the case of shared residential and commercial uses, the commercial use is compatible with the health and safety of persons residing on the property (lighting, noise, fumes and hours of operation, etc.).
26. Multifamily dwellings.
27. Childcare facilities.
28. Large residential care facilities for the elderly.
29. Skilled nursing facilities.
30. Religious institutions, such as churches and mosques.
31. Public utility substations.
32. Public and private schools.
33. Geothermal uses.
34. New structures, and additions to existing structures resulting in an increase in floor area of 10 percent or more.
35. Storage when associated with a resident-serving business located on an adjacent parcel.
36. Uses determined by the Planning Commission to be similar in nature, as provided for in Chapter 17.03 CMC.
B. The following uses require an administrative use permit in the CC district, pursuant to Chapter 17.40 CMC:
1. Outdoor bicycle rentals in conjunction with an established retail sales operation.
2. Outdoor dining in conjunction with an established restaurant operation.
3. Outdoor live entertainment with nonamplified instruments in conjunction with an established business operation on an ongoing basis.
C. The following uses require a temporary use permit in the CC district, pursuant to Chapter 17.40 CMC:
1. One-time events held in conjunction with an established business operation that do not involve the use of public property or right-of-way.
2. Outdoor holiday and other seasonal events and sales that do not involve the use of public property or right-of-way. (Ord. 755 § 2 (Exh. 4), 2021; Ord. 750 § 2 (Exh. A § 3), 2021; Ord. 728 § 3, 2017; Ord. 714 § 4 (Exh. A), 2015).
17.22.040 Accessory uses.
A. Accessory uses that are an allowed or conditionally permitted use within the CC district are permitted in conjunction with a primary use.
B. Accessory uses shall be compatible with the primary use. Determinations of compatibility shall be made by the Planning and Building Director for those uses allowed with only a business license and by the Planning Commission for those uses requiring a conditional use permit. (Ord. 714 § 4 (Exh. A), 2015).
17.22.050 Prohibited uses.
A. The following uses are prohibited in the CC district:
1. Uses not specified in CMC 17.22.020 through 17.22.040.
2. Formula restaurants.
3. Formula visitor accommodations.
4. Drive-up facilities when associated with a food service establishment.
5. Gas station facilities.
6. Timeshare projects, programs and occupancies.
7. Manufacturers’ outlet stores.
8. Souvenir shops, unless associated with and ancillary to a visitor accommodation.
9. Establishments serving customers food and/or beverages within their automobiles on the premises or preparing food and/or beverages intended for consumption within their automobiles on the premises.
10. Objectionable and hazardous businesses, such as uses which present odors, fumes, noise, vibration, glare, dust, and materials which have a potential for hazard and explosion.
11. The conversion or demolition of existing dwelling units, except under one of the following circumstances:
a. Replacement housing will be provided. A housing agreement shall be required to ensure compliance with the conditions of a permit authorizing the demolition or conversion.
b. A fee will be paid subject to the provisions contained in Chapter 17.08 CMC, to be used by the City to provide replacement housing. (Ord. 755 § 2 (Exh. 5), 2021; Ord. 714 § 4 (Exh. A), 2015).
17.22.055 Lot area and dimensions.
Minimum lot area and lot dimensions in the CC district are as follows:
A. Minimum lot area: 5,000 square feet.
B. Minimum lot width: 50 feet. (Ord. 740 § 2 (Exh. A), 2018).
17.22.060 Development standards.
The following standards apply to development within the CC district:
A. Minimum Setbacks.
1. Principal buildings shall comply with the following setbacks:
a. Front yard: 10 feet, unless directly across the street from a residential district, in which case the front setback shall be 20 feet.
b. Interior side yard: zero feet, unless abutting or adjacent to a residential district, in which case the interior side setback shall be five feet.
c. Street side yard: 10 feet, unless across the street from a residential district, in which case the street side setback shall be 20 feet.
d. Rear yard: zero feet, unless abutting or adjacent to a residential district, in which case the rear setback shall be 10 feet.
2. Accessory buildings and structures shall comply with the following setbacks:
a. Front yard: equal to or greater than the principal structure on the lot.
b. Interior side yard: zero feet, unless abutting or adjacent to a residential district, in which case the interior side setback shall be five feet.
c. Street side yard: equal to or greater than the principal structure on the lot.
d. Rear yard: zero feet, unless abutting or adjacent to a residential district, in which case the rear setback shall be five feet.
B. Maximum Lot Coverage.
1. Maximum lot coverage: 60 percent.
2. Additional lot coverage may be authorized by a use permit pursuant to Chapter 17.40 CMC.
C. Maximum Floor Area Ratio.
1. Maximum floor area for nonresidential uses: 80 percent.
2. Floor area devoted to residential uses shall be excluded from this calculation.
D. Minimum Landscaping of Open Space. A minimum of 40 percent of open space on a lot shall be landscaped. Walks, pools, patios and other similar areas may be considered as part of the open space requirement. Parking areas shall not be counted unless special paving or other design features are incorporated.
E. Maximum Height, Number of Stories.
1. Maximum Height.
a. Principal buildings: 30 feet, with the following exceptions:
i. Where a commercial building abuts or adjoins a parcel in a residential district, the maximum height is 25 feet.
ii. Taller structures may be approved pursuant to CMC 17.38.030.
b. Accessory buildings: 15 feet above grade.
2. Maximum number of stories for principal buildings: two stories are allowed for principal buildings; provided, that three stories may be authorized by a use permit pursuant to Chapter 17.40 CMC.
F. Parking within the front setback or street side setback may be authorized by a use permit pursuant to Chapter 17.40 CMC.
G. Fixed Place of Business. All retail sales and service establishments shall be conducted within a fixed place of business. (Ord. 740 § 2 (Exh. A), 2018; Ord. 714 § 4 (Exh. A), 2015).
17.22.070 Other development standards.
Additional requirements that apply to development in the CC district include, but are not limited to, the following:
A. Affordable housing, per Chapter 17.08 CMC.
B. Sidewalk dining within the public right-of-way, per Chapter 17.33 CMC.
C. Off-street parking and loading, per Chapter 17.36 CMC.
D. General provisions and exceptions, per Chapter 17.38 CMC.
E. Use permits, per Chapter 17.40 CMC.
F. Design review, per Chapter 17.41 CMC.
G. Fences, hedges or walls, per Chapter 17.52 CMC.
H. Signs and advertising regulations, per Chapter 17.58 CMC.
I. Special events, per Chapter 5.18 CMC. (Ord. 714 § 4 (Exh. A), 2015).