Chapter 14.09.070
Commercial and Mixed-Use Zoning Districts

Sections:

14.09.070.010    Purpose and Applicability.

14.09.070.020    Land Use Regulations.

14.09.070.030    Development Regulations.

14.09.070.040    Supplemental Regulations.

14.09.070.050    Design Requirements for Commercial and Mixed-Use Development.

14.09.070.060    Design Requirements for Residential Development.

14.09.070.010 Purpose and Applicability.

A. The purpose of the commercial and mixed-use zoning districts is to:

1. Provide for the orderly, well-planned, and balanced development of commercial and mixed-use zoning districts;

2. Designate adequate land for a full range of local- and regional-serving commercial and retail services, consistent with the General Plan;

3. Maintain and strengthen the City’s economic resources;

4. Increase employment opportunities and expand the economic base of the City;

5. Provide appropriately located commercial areas that provide a variety of goods and services for residents, employees, and visitors;

6. Provide opportunities for a mix of complementary uses that may combine residential and nonresidential uses, or a variety of nonresidential uses, on the same site; and

7. Promote pedestrian-oriented, mixed-use commercial centers at appropriate locations.

B. Additional purposes of each commercial and mixed-use zoning district are provided below:

1. Neighborhood Commercial (CN). The CN district is intended to provide for neighborhood centers which provide goods and services to meet the day-to-day needs of residents and visitors. The CN district implements the Commercial Neighborhood General Plan Land Use Designation;

2. General Commercial (CG). The CG district is intended to provide for a full range of commercial and supportive uses to meet local and regional demand. The CG district implements the Commercial General Land Use Designation in the General Plan;

3. Office Commercial (CO). The CO district is intended to provide for commercial office centers, a mix of supportive retail and service commercial uses, and other compatible uses. The CO district implements the Commercial Office General Plan Land Use Designation;

4. Highway Commercial (CH). The CH district is intended to provide areas for retail, commercial, service, and recreational uses adjacent or proximate to the highway and dependent upon highway travel. The CH district implements the Commercial Highway General Plan Land Use Designation;

5. Mixed Use (MX). The MX district is intended to provide areas for mixed-use centers containing a mix of compatible residential and nonresidential uses in a vertical or horizontal mixed-use development configuration. The MX district implements the Mixed-Use General Plan Land Use Designation;

6. Downtown Residential District (DR). See Downtown Specific Plan; and

7. Downtown Commercial District (DC). See Downtown Specific Plan.

(Ord. 1981, Amended, 12/13/2022; Ord. 1972, Repealed and Replaced, 02/22/2022)

14.09.070.020 Land Use Regulations.

Table 14.09.070.A, Land Use Regulations – Commercial and Mixed-Use Zoning Districts, establishes the land use regulations for the commercial and mixed-use zoning districts. Land uses are defined in Chapter 14.020.060 of this code, Use Classifications. In cases where a specific land use or activity is not defined, the Director of Community Development shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the table and not substantially like the uses below are prohibited. Within the Northeast Growth Area, the supplemental regulations identified in Section 14.09.070.040 are applicable. Section numbers in the right-hand column refer to other sections of this title.

 

TABLE 14.09.070.A, LAND USE REGULATIONS – COMMERCIAL AND
MIXED-USE ZONING DISTRICTS 

“P” = Permitted Use; “M” = Minor Use Permit required; “C” = Conditional Use Permit required;
“–” = Use Not Allowed

Land Use Classification

CN

CG

CO

CH

MX 1

DCSP

DRSP

Additional Regulations

Residential Uses2

Residential Housing Types

See subclassifications below

Single-Unit Dwelling, Attached

C

C

C

–

P

 

 

See Section 14.09.270.160, Residential Uses in Commercial and Employment Districts

Multi-Unit Dwelling

C

C

C

–

P

 

 

See Section 14.09.270.160, Residential Uses in Commercial and Employment Districts

Low-Barrier Navigation Centers

C

C

C

–

P

 

 

Low-barrier navigation centers are permitted in the MX zone provided they are consistent with Government Code Section 65662. See Section 14.09.270.160, Residential Uses in Commercial and Employment Districts

Residential Facility, Assisted Living

C

C

C

–

C

 

 

See Section 14.09.270.160, Residential Uses in Commercial and Employment Districts

Small Residential Care Facilities

 

 

Small residential care facilities and transitional and supportive housing constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same district.

Supportive Housing

 

 

Transitional Housing

 

 

Public/Semi-Public Uses

Colleges and Trade Schools

–

M

P

M

P

 

 

 

Commercial Parking Lots and Structures

–

M

M

P

M

 

 

 

Community Assembly

P

P

P

P

P

 

 

 

Cultural Institutions

P

P

P

P

P

 

 

 

Day Care Centers

P

P

P

M

P

 

 

 

Emergency Shelter

–

P

–

C

–

 

 

 

Government Offices

P

P

P

P

P

 

 

 

Hospitals and Clinics

See subclassifications below

Clinic

P

P

P

–

P

 

 

 

Instructional Services

P

P

P

–

P

 

 

 

Park and Recreation Facilities

P

P

P

P

P

 

 

 

Public Safety Facilities

C

C

–

C

C

 

 

 

Schools

C

–

–

–

–

 

 

 

Social Service Facilities

C

C

–

–

C

 

 

 

Commercial Uses

Adult-Oriented Business

–

P

–

–

–

 

 

See Section 14.09.270.050, Adult-Oriented Businesses

Animal Care and Boarding

See subclassifications below

Pet Day Care

P

P

–

P

P

 

 

 

Veterinary Services

P

P

P

P

P

 

 

 

Automobile/Vehicle Sales and Services

See subclassifications below

Automobile Brokerage

P

P

P

P

P

 

 

 

Automobile Rental

–

P

–

P

–

 

 

 

Automobile/Vehicle Sales and Leasing, New Vehicles

–

P

–

P

–

 

 

 

Automobile/Vehicle Sales and Leasing, Used Vehicles

–

C

–

C

–

 

 

 

Automobile/Vehicle Service and Repair, Minor

–

P

–

P

–

 

 

 

Automobile/Vehicle Repair, Major

–

C

–

P

–

 

 

 

Large Vehicle and Equipment Sales, Service, and Rental

–

M

–

P

–

 

 

 

Service Stations

C

M

–

P

–

 

 

 

Washing

–

M

–

P

–

 

 

 

Banks and Financial Services

P

P

P

P

P

 

 

 

Business Services

P

P

P

P

P

 

 

 

Commercial Entertainment and Recreation

See subclassifications below

Cinema/Theater

C

P

–

–

P

 

 

 

Indoor Sports and Recreation

–

P

P

P

P

 

 

 

Outdoor Entertainment

–

C

–

C

–

 

 

 

Outdoor Sports and Recreation

–

C

–

–

–

 

 

 

Eating and Drinking Establishments

See subclassifications below

Bars/Nightclubs/Lounges

C

M3

–

M

M

 

 

See Section 14.09.270.060, Alcoholic Beverage Sales

Restaurant

P/M4

P/M4

P/C4

P/M4

P/C4

 

 

See Section 14.09.270.060, Alcoholic Beverage Sales

Tasting Room

–

P

P

P

P

 

 

See Section 14.09.270.060, Alcoholic Beverage Sales

Farmer’s Markets

P

P

P

–

P

 

 

See Section 14.09.270.100 Farmer’s Market

Food Preparation

P

P

P

P

P

 

 

 

Funeral Parlors and Interment Services

–

P

P

P

–

 

 

 

Hookah Lounge

M

M

–

M

C

 

 

 

Lodging

–

P

–

P

P

 

 

 

Offices

See subclassifications below

Business, Professional, and Technology

P

P

P

–

P

 

 

 

Medical and Dental

P

P

P

–

P

 

 

 

Personal Services

P

P

P

–

P

 

 

See Chapter 9.07, Massage Therapy Regulations, of this code

Repair and Maintenance Services

P

P

P

–

P

 

 

 

Retail Sales

See subclassifications below

Building Materials and Supply Stores

–

P

–

P

–

 

 

 

Food and Beverage Sales

P

P

P

P

P

 

 

 

General Retail and Merchandise

P

P

P

P

P

 

 

 

Nurseries

P

P

–

P

C

 

 

 

Industrial Uses

Custom and Artisan Manufacturing

P

P

–

P

P

 

 

Must contain a minimum 100 square feet of retail floor area

Food and Beverage Manufacturing

See subclassification below

Small Scale

M

P

–

P

P

 

 

Must review utilities capacity prior to approval

Transportation, Communication, and Utility Uses

Communication Facilities

See subclassifications below

Facilities Within Buildings

P

C

–

C

C

 

 

 

Telecommunication

 

See Section 14.09.270.170, Telecommunication Facilities

Light Fleet-Based Services

P

P

P

P

–

 

 

 

Recycling Facility

See subclassifications below

Reverse Vending Machine

P

P

–

P

–

 

 

See Section 14.09.270.150, Recycling Facilities

Small Collection Facility

M

M

M

M

M

 

 

 

Public Works and Utilities

C

C

C

C

C

 

 

 

Transit Stations and Terminals

–

C

–

C

C

 

 

 

Agricultural Uses

Urban Agriculture

See subclassifications below

Community Garden

P

P

–

–

P

 

 

See Section 14.09.270.190, Urban Agriculture

Market Garden, less than one acre in size

P

P

–

–

P

 

 

See Section 14.09.270.190, Urban Agriculture

Market Garden, one acre or more in size

M

M

–

–

M

 

 

See Section 14.09.270.190, Urban Agriculture

Other Uses

Accessory Uses and Structures

 

 

 

 

 

 

 

See Sections 14.09.200.020, Accessory Buildings and Structures, and 14.09.270.030, Accessory Uses

Animal Keeping

 

 

 

 

 

 

 

See Section 14.09.270.070, Animal Keeping

Drive-Through Facility

 

 

 

 

 

 

 

See Section 14.09.270.090, Drive-Through Facilities

Family Day Care

 

 

 

 

 

 

 

See Section 14.02.060.020, Residential Uses

Home Occupations

 

 

 

 

 

 

 

See Section 14.09.270.120, Home Occupations

Outdoor Dining and Seating

 

 

 

 

 

 

 

See Section 14.09.270.130, Outdoor Dining and Seating

Outdoor Display and Sales

 

 

 

 

 

 

 

See Section 14.09.270.140, Outdoor Display and Sales

Nonconforming Uses

 

 

 

 

 

 

 

See Chapter 14.09.220 of this code, Nonconforming Uses, Sites, and Structures

Temporary Uses

 

 

 

 

 

 

 

See Section 14.09.270.180, Temporary Uses

1.    Developments within the MX zoning district shall contain a minimum of two different types of uses, one of which shall be residential.

2.    Residential uses are subject to intensity limits set by the Nut Tree Airport environs overlay district if located in the Nut Tree Airport compatibility zone.

3.    Bars, night clubs, and lounges are prohibited in the CG district between Lawrence Drive and Auto Center Drive.

4.    Restaurants without a bar or lounge and restaurants where less than one-third of the customer service floor area is devoted to the sale and consumption of alcoholic beverages and where serving alcoholic beverages is done only during hours of full food service operation are permitted. Restaurants with bar or lounge areas that comprise more than one-third of the customer service floor area and/or serve alcoholic beverages outside hours of full food service operation require conditional use permit approval in the CO and MX districts and minor use permit approval in the CN, CG, and CH districts.

(Ord. 1984, Amended, 07/25/2023; Ord. 1981, Amended, 12/13/2022; Ord. 1972, Repealed and Replaced, 02/22/2022)

14.09.070.030 Development Regulations.

Table 14.09.070.B, Development Regulations – Commercial and Mixed-Use Zoning Districts, prescribes the development regulations for the commercial and mixed-use zoning districts. Letters in parentheses refer to additional development standards that directly follow the table. Section numbers in the “Additional Regulations” column refer to other sections of this Zoning Ordinance.

 

TABLE 14.09.070.B, DEVELOPMENT REGULATIONS – COMMERCIAL AND MIXED-USE ZONING DISTRICTS 

Standard

CN

CG

CO

CH

MX

DCSP

DRSP

Additional Regulations

Maximum Nonresidential Floor Area Ratio (FAR)

0.3 (A)

0.3 (A)

0.3 (A)

0.3 (A)

1.0

 

 

See Section 14.02.030.090, Determining Floor Area Ratio

Minimum Nonresidential Ground Floor Area (% of total ground floor area on site)

n/a

n/a

n/a

n/a

25 (B)

 

 

See Section 14.02.030.090, Determining Floor Area Ratio

Minimum Residential Density (dwelling units per acre)

8.1

8.1

8.1

n/a

10

 

 

See Section 14.02.030.040, Calculating Density

Maximum Density (units per acre)

n/a

n/a

n/a

n/a

40

 

 

See Section 14.02.030.040, Calculating Density

Maximum Height (feet)

30

40, up to 70 with CUP approval

30

40, up to 70 with CUP approval

40, up to 70 with CUP approval

 

 

See Section 14.09.200.060, Height and Height Exceptions

Minimum Setbacks (feet)

 

Front

20 (C)

20

20

20

20 (C)

 

 

May be reduced to 15 feet adjoining a nonarterial street where compatible with the surrounding area and consistent with existing setbacks in the surrounding area

Street Side

20 (C)

20

20

20

20 (C)

 

 

Interior Side

0, 30 adjacent to a residential district

0, 30 adjacent to a residential district

0, 30 adjacent to a residential district

0, 30 adjacent to a residential district

0, 30 adjacent to a residential district

 

 

 

Rear

0, 30 adjacent to a residential district

0, 30 adjacent to a residential district

0, 30 adjacent to a residential district

0, 30 adjacent to a residential district

0, 30 adjacent to a residential district

 

 

 

Alley

10

10

10

10

10

 

 

 

Freeway ROW

20

20

20

20

20

 

 

 

Parking, from any street-facing lot line

40 (D)

40 (D)

40

40

40 (D)

 

 

 

Additional Development Standards.

A. FAR Exception, Commercial Districts. An exception to the maximum FAR standard in the commercial districts may be approved where the decision maker makes all of the following findings:

1. The proposed use and structure for which the exception to the FAR standard is approved has 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 proposed building massing is compatible with intended development in the zoning district.

B. Reduced Minimum Nonresidential Ground Floor Area Percentage. The decision maker may reduce this percentage to 10 percent provided the development includes integrated pedestrian and vehicular access to a use on an abutting property that provides the missing nonresidential secondary use to make up the 15 percent difference.

C. Required Building Location.

1. Build-To Line. Buildings shall be located within 10 feet of the required setback line for at least 40 percent of the linear street frontage.

2. Corner Build Area. Buildings shall be located within 10 feet of the required setback line within 30 feet of the street corner.

3. Frontage Improvements. The area between buildings and the property line shall be improved as part of a wider sidewalk, as outdoor dining/seating area, or with landscaping.

4. Exceptions. The building location requirements may be modified or waived by the decision maker upon finding that:

a. Entry courtyards, plazas, entries, or outdoor eating areas are located adjacent to the front or corner side property line and buildings are built to the edge of the courtyard, plaza, or dining area; or

b. The building incorporates an alternative entrance design that creates an engaging entry feature facing the street.

D. Limitations on Location of Parking. Off-street parking spaces shall be located to the rear of principal buildings whenever feasible. Aboveground parking may not be located within 40 feet of a street-facing property line. Exceptions may be granted where the decision maker makes the following findings:

1. The design incorporates habitable space built close to the public sidewalk to the maximum extent feasible; and

2. The site is small and constrained such that underground parking or surface parking located more than 40 feet from the street frontage is not feasible.

(Ord. 1981, Amended, 12/13/2022; Ord. 1972, Repealed and Replaced, 02/22/2022)

14.09.070.040 Supplemental Regulations.

A. Review Requirement, CN District. Conditional use permit approval is required for new development on sites four acres in size or more in the CN district.

B. Review Requirement, MX District. Conditional use permit approval is required for new development in the MX district.

C. Properties Within Northeast Growth Area. New development of sites located within the Northeast Growth Area shall comply with the Northeast Growth Area overlay district regulations identified in Chapter 14.09.191 of this code.

(Ord. 1981, Amended, 12/13/2022; Ord. 1972, Repealed and Replaced, 02/22/2022)

14.09.070.050 Design Requirements for Commercial and Mixed-Use Development.

A. Building Transparency/Required Openings. Exterior walls facing and within 40 feet of a street-facing lot line or pedestrian walkway shall include windows, doors, or other openings for at least 40 percent of the building wall area located between two and one-half and seven feet above the level of the sidewalk or walkway. Such walls may run in a continuous plane for no more than 30 feet without an opening.

1. Design of Openings. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.

2. Reductions. The building transparency requirement may be reduced or waived by the decision maker upon finding that:

a. The proposed use has unique operational characteristics with which providing the required windows and openings is incompatible; and

b. Street-facing building walls will exhibit architectural relief and detail and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.

B. Building Orientation.

1. Buildings shall be oriented to face streets and pedestrian walkways.

2. Building frontages shall be generally parallel to streets and pedestrian walkways.

3. Buildings shall be designed and oriented to minimize the visual intrusion into adjoining residential properties. Window, balcony, and deck locations shall be directed away from window areas of adjoining residences (on site or off site).

C. Exterior Building Materials and Colors.

1. A unified palette of quality materials shall be used on all sides of buildings.

2. Exterior building materials shall be stone, brick, stucco, concrete block, painted wood clapboard, painted metal clapboard, or other quality, durable materials approved by the decision maker. Stucco, when used, shall cover no more than 50 percent of the front facade of the ground floor.

D. Pedestrian Access. On-site pedestrian circulation and access shall be provided according to the following standards:

1. Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

2. Circulation Network. Regular connections between on-site pedestrian walkways and the public sidewalk and other planned or existing pedestrian routes or trails shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage.

3. Neighbors. Direct and convenient access shall be provided to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security.

4. Transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances.

5. Pedestrian Walkway Design.

a. Walkways shall be a minimum of six feet wide, shall be hard-surfaced, and paved with concrete, stone, tile, brick, or comparable material.

b. Where a required walkway crosses parking areas or loading areas, it shall be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method.

c. Where a required walkway is parallel and adjacent to an auto travel lane, it shall be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

E. Limitations on Curb Cuts. Curb cuts shall be minimized and located in the location least likely to impede pedestrian circulation.

F. Minimum Outdoor Recreation Space, Mixed Use Development. Permanently maintained usable outdoor recreation space classified as per residential dwelling unit (private outdoor recreation space) and for all residences (common outdoor recreation space) shall be provided for any development that includes residential dwelling units, consistent with the following standards:

1. Private Outdoor Recreation Space.

a. Ground-Level Units. Private outdoor recreation space at the ground floor shall be provided at a ratio of 100 square feet per residential dwelling unit with a minimum dimension of 10 feet except that porches greater than 100 square feet with a minimum dimension of six feet may be included in the outdoor recreation space calculation. For multi-story dwelling units, the private outdoor recreation space may be provided by a combination of ground floor decks, balconies and on-ground recreation space.

b. Upper-Floor Units. Private outdoor recreation space for residential dwelling units located on the upper floors shall be provided at a ratio of 50 square feet per dwelling unit with a minimum dimension of six feet.

2. Common Outdoor Recreation Space. Common outdoor recreation space shall be provided at a ratio of 100 square feet per residential dwelling unit. The following requirements shall be met:

a. Minimum Dimensions. The minimum dimension of common outdoor recreation space shall be 20 feet in any direction;

b. Use. Common outdoor recreation space shall be available for passive and active outdoor recreational purposes for the enjoyment of all residents of each project. Outdoor recreation space types include, but are not limited to, picnic areas, tot lots, sports courts, swimming pools, and community gardens;

c. Precluded Areas. Common outdoor recreation space shall not include driveways, public or private streets, or utility easements where the ground surface may not be appropriate for recreational space;

d. Slope. The slope of the common outdoor recreational space shall not exceed a slope of 10 percent and shall be easily accessible for all residents; and

e. Accessibility. Common outdoor recreation spaces shall be accessible to all residents of the project for which the space is provided.

3. Exchange of Recreation Space Types. The decision maker may allow required common outdoor recreation space area to be exchanged for private outdoor recreation space, and vice-versa; provided, that one and one-half square feet are provided for every square foot exchanged. For example, a project requiring 100 square feet of private recreation space and 100 square feet of common recreation space per unit instead may provide 250 square feet of private recreation space for each dwelling unit (100 square feet private + 1.5 x 100 square feet common = 250 square feet private).

(Ord. 1981, Amended, 12/13/2022; Ord. 1972, Repealed and Replaced, 02/22/2022)

14.09.070.060 Design Requirements for Residential Development.

Buildings in the commercial and mixed-use districts that contain solely residential uses shall meet the development standards for residential uses in Chapter 14.09.060 of this code, Residential Zoning Districts.

(Ord. 1981, Amended, 12/13/2022; Ord. 1972, Repealed and Replaced, 02/22/2022)