Chapter 17.17
GENERAL REQUIREMENTS FOR COMMERCIAL DISTRICTS
Sections:
17.17.020 Development standards.
17.17.040 Architectural relief features.
17.17.070 Public infrastructure improvements.
17.17.080 Rooftop-mounted equipment.
17.17.090 Christmas tree/pumpkin sales lots.
17.17.010 Purpose.
This chapter provides general requirements for the development of commercial centers that are compatible in scale with the residential character of the city. (Ord. 495 § 1, 2005)
17.17.020 Development standards.
A. All uses shall be conducted entirely within an enclosed building, except for parking and servicing of automobiles and service to people in automobiles at automobile service stations.
B. Fully enclosed trash storage areas shall be provided at readily accessible locations.
C. A commercial grade, permanent trash receptacle, that matches the surrounding site and is continuously maintained, shall be installed near the front entrance of:
1. New commercial/industrial buildings.
2. Existing commercial/industrial buildings, if not already present, when a building permit is issued with a construction value exceeding $10,000.
D. Landscape plans indicating plant species, location and method of irrigation shall be submitted to the city planner for approval prior to issuance of any permit. Required landscaping shall be installed prior to final inspection and shall be maintained by the property owner.
E. Uses shall be planned, developed and operated in a manner that noise, smoke, dust, odors and waste are minimized to control pollution of air, soil and water.
F. All uses shall be allowed only if served by public water and sewer.
G. Street improvements may be required as a condition of development. Deferred street improvement agreements may be executed by the city council on the advice of the planning commission.
H. Parking Location and Amenities.
1. Front on-site parking, that parking taking place on site between the street and the front building facade, shall not exceed 20 percent of the required on-site parking of a commercial establishment.
2. There shall be at least one shopping cart collection stall for every 30 parking spaces within a commercial parking lot.
I. The color of all commercial buildings is subject to city approval. Color schemes shall tie building elements together, relate separate (free-standing) buildings within the same development, and enhance the architectural form of a building. Facade colors must be subtle, subdued, low-reflectance, neutral or earth tones. Intense, bright, or fluorescent colors are prohibited. Brighter primary colors may be used as accent elements, such as door and window frames and architectural details. (Ord. 589 § 3 (Exh. A), 2022; Ord. 495 § 1, 2005)
17.17.030 Building materials.
A. The use of concrete tilt-up construction techniques providing a smooth exterior concrete finish is prohibited. Sand-blasted concrete exterior finish may only be used if an aggregate of three-fourths inch river rock is utilized in the concrete mix.
B. Exterior finishes shall have a combination of at least two materials such as: clay brick, tile, seamless metal or wood siding or stucco materials. (Ord. 495 § 1, 2005)
17.17.040 Architectural relief features.
A. For every 100 feet of horizontal elevation there shall be at least 60 feet of windows, recessed or projecting at least two feet from the main building front; and 70 feet of arcade features such as reveals, moldings, awnings, and entry canopies.
B. Roofs shall have at least two rooftop elements such as crown molding, tile, or brick and have a least two horizontal planes.
C. All building sides visible from the public right-of-way and residentially zoned properties shall feature at least two horizontal bands of differing building materials as specified above. (Ord. 495 § 1, 2005)
17.17.050 Pedestrian flow.
A. There shall be an eight-foot wide sidewalk on all sides of the exterior of a property being developed with new commercial buildings where necessary to facilitate pedestrian access or to provide emergency access. This sidewalk shall be continuous to the entry of the building.
B. Covered landing areas shall be present at all doors. (Ord. 495 § 1, 2005)
17.17.060 Outdoor seating.
A. The deciding body may exempt up to 24 outdoor restaurant seats intended for serving customers from the formula for parking requirements if it makes a finding that such exemption will not create a deficit of parking for that restaurant or any other use in proximity.
B. Open air cafes constructed directly fronting a street shall extend not more than 10 feet from the facade of the main building structure or adjoining a restaurant facility and used exclusively for dining activities. An unencumbered, clear and direct circulation pathway shall be maintained throughout the dining area. Said pathway shall be for public use and shall be a minimum of five feet in width.
C. Outdoor cafes encroaching in required setbacks may be covered only as follows:
1. Construction of cover shall only be a canopy constructed of fire resistant vinyl fabric or canvas as approved by building department staff.
2. The canopy shall only cover the top of the open air cafes, except that transparent vinyl or plastic as approved by the building department staff may be used as a wind break.
3. The canopy column support system shall be constructed of metal, wood or manmade material as approved by building department staff.
4. At no point shall the height of the canopy be lower than eight feet above the floor of the open air cafe.
5. The valance of the awning shall not exceed 12 inches in width.
6. The canopy shall not exceed 800 square feet in size.
7. The owner, tenant and/or agent, if any, shall be jointly and severally responsible for maintaining the canopy system in a neat, safe and orderly condition, replacing it when necessary, and keeping the area free of refuse and debris. (Ord. 495 § 1, 2005)
17.17.070 Public infrastructure improvements.
No building shall be erected or enlarged nor any new construction allowed and no building permit shall be issued on any lot within the city’s general plan, any facility master plan or any specific plan if such lot abuts or includes any planned and necessary public infrastructure improvements within such general, master, or specific plan, unless necessary property has been dedicated and improved for the full extent of such public infrastructure improvements as they border on or are included in such lot, unless such dedication and improvement has been assured. This requirement shall be applicable only when the new construction on the premises exceeds four times the cost of improvements. In cases where new construction on the premises is less than four times the cost of the required improvements, only dedication of land through an irrevocable offer of dedication shall be required. The dedication and improvement necessary shall be determined according to any level of service or alignment shown on the adopted general plan, any facility master plan, or any specific plan. The dedication and improvement shall be at applicant’s expense. Public infrastructure improvements include, but are not limited to, public thoroughfares, storm drainage channels and basins, sewer lines, water lines, or other improvements deemed necessary by the city council. (Ord. 495 § 1, 2005)
17.17.080 Rooftop-mounted equipment.
Rooftop mechanical equipment shall be utilized whenever practical for all new commercial development. All rooftop mechanical units shall be completely screened from view at street grade by the use of wall parapets. If the use of parapet walls is not feasible to completely screen the mechanical units, then screening structures shall be constructed and painted to match the building’s architectural style and color scheme. (Ord. 495 § 1, 2005)
17.17.090 Christmas tree/pumpkin sales lots.
Christmas tree sales lots, pumpkin sales lots, and similar seasonal sale items are allowed whose sales areas meet the required setbacks and provide at least 10 temporary off-street parking spaces in addition to one space per employee on a maximum shift. Lots shall be limited to two double-faced, on-site signs not exceeding 12 square feet each. Christmas tree lots may not be established prior to November 15th and shall be removed and the property returned to its original condition by January 1st of the following year. (Ord. 495 § 1, 2005)
17.17.100 Prohibited uses.
A. The single store retailing of more than four of the following categories of goods and services: automotive supplies, repair, and tires; toys; housewares; fabric, linen and bedding supplies; home decorations, computer hardware and software; clothing; sporting goods; hardware; books and magazines; video and audio recordings, groceries and foodstuffs, pet supplies; nursery supplies; pharmaceutical goods and services; or prepared foods is prohibited.
B. Nothing in this section shall prohibit the sale of combinations of more than four of the above categories if the sale of these of goods is purely incidental to the primary revenue of the establishment as determined by the planning commission. Examples of such establishments include grocery stores, drug stores, hardware stores and variety stores. Examples of establishments that such sales would not normally be considered incidental to the primary revenue would be discount department or grocery stores and home improvement or garden centers.
C. For any commercial uses exceeding 60,000 square feet of gross floor area, the nontaxable merchandise floor area shall not exceed eight percent of the total gross floor area of the building occupied by the commercial use. (Ord. 495 § 1, 2005)
17.17.110 Outdoor cooking.
Outdoor cooking, within the downtown area’s commercial zone district, may be allowed in the public right-of-way or public parking lot if it meets the following criteria:
A. An application and fee for outdoor cooking shall be submitted to the city. This application must be signed by the business and property owners. Proof of insurance must be approved by the city’s risk manager, including: comprehensive general liability insurance, property damage and blanket contractual liability insurance in a combined single limit amount, per claim and aggregate, of at least $1,000,000 covering the property and the permitted area on which the outdoor cooking will be located. Policy must be endorsed to add city as an additional insured.
B. The applicant/owner shall indemnify and hold harmless the city, its elected and appointed officials, officers, agents, employees, and representatives from liability for any award, damages, costs, and fees incurred by the city and/or awarded to any plaintiff in an action for damages incurred in connection with activity conducted pursuant to the permit.
C. Meet all ADA requirements as approved by building official.
D. Applicant must submit a copy of a valid and current city of Escalon restaurant business license.
E. Outdoor cooking areas shall be furnished with barriers protecting the public from the outdoor cooking apparatus which shall be approved by the development services department and building official. The cooking area shall be manned at all times.
F. Submittal of Site Plan. This indicates the location, arrangement of the outdoor cooking facility, the location and shows the exterior of the building and type of building materials. No combustible building material, as described in the fire code, within 10 feet of the cooking apparatus. The plan shall show containment and protection for nearest storm drain inlet. The location shall be adjacent to the restaurant and not be in front of another business. Site plan shall be reviewed and approved by planning, building, and fire departments.
G. Site plan and cooking apparatus must comply with the latest approved fire code and receive approval from the fire department.
H. Receive approval from county’s health department.
I. The cooking apparatus shall be removed each day and the right-of-way or parking area shall be clean to the satisfaction of the city.
J. Should any condition(s) not be met, the city has the right to revoke the outdoor cooking permit. (Ord. 548 § 3, 2015)