A. Retail businesses are those in which sales are made to the ultimate consumer for their own use. Sales to institutional, industrial, commercial, contractors and professional consumers will be considered as wholesale transactions. If retail and wholesale activities are intermingled, the activity deriving the majority of the total gross annual receipts will predominate and be used to determine the principal business classification.
B. No manufacturing, processing, assembling or warehousing is permitted except as incidental to a retail sales or service activity, as determined by the Community Development Director, and those uses listed for the C-M zone.
C. In regard to a permitted use, all activities shall be conducted within a building enclosed on at least three sides, except that the following may be outdoors:
1. Automotive and equipment sales and rentals.
2. A car wash facility provided such a facility is enclosed on two sides.
3. Coin-operated vending machines, provided such machines are within 30 feet of the entrance to a commercial structure, within three feet of a building and do not obstruct pedestrian or vehicular circulation.
4. A display of patio furniture, lawnmowers, garden and landscaping equipment, children's outdoor play equipment, and portable and permanent type swimming pools, provided such equipment is not contained in boxes or crates.
5. Enclosed metal tire racks with a total length of not more than 40 feet, provided such racks are no closer than 25 feet from any street line.
6. Flower stands and nursery stock.
7. Facilities to dispense gas, oil, air and water for automobiles.
8. A recycling facility in accordance with Section 15.30.080 of this chapter.
9. Sales and consumption of food and beverages at restaurants.
10. The display for sale, and the sale of, ceramics, including pottery and articles made of stone, marble, cement, plaster and similar materials.
11. The outdoor display and sale of merchandise by merchants on their own premises for a period of five consecutive days in any 30-day period.
12. The outdoor storage of material products, supplies and containers, provided such storage is screened so it cannot be viewed from adjacent residential property or from a public right-of-way. See Subsection 15.30.050.A.1.
D. Service station and car wash locations:
1. Service station and car wash sites shall be located at the intersection of two arterial-width highways or at the intersection of a freeway or flood-control channel abutting a freeway and an arterial-width highway unless the service station or car wash is an accessory use and an integral part of the operation of a department store, membership warehouse, hotel or other similar facility.
2. A Service station and/or car wash site may be approved administratively by the Community Development Director if it complies with the development standards for the zone in which it is located and will operate as an accessory use to a department store, membership warehouse, hotel or other similar facility and will not be detrimental to the public health, safety or welfare.
E. Mixed-use (commercial/residential) development:
Proposals to create new dwelling units as part of a mixed-use development will be subject to the following review procedures:
1. No discretionary approval will be required if the development involves only the conversion of existing building area and the number of units is less than seven;
2. Approval of a Minor Site Plan or Minor Development Project will be required if the proposal involves new building area on the property and the number of units is less than seven;
3. Approval of a Major Site Plan or Major Development Project will be required if the proposal involves the creation by new construction or conversion of existing building area of seven or more dwelling units on the property.
4. Development standards for dwelling units within a mixed-use development shall include but not be limited to the following:
a. Parking facilities shall be provided at the rate of that specified in the R-5 zone by type of residential unit.
b. Open space shall be provided at the rate of that specified in the R-5 zone by type of residential unit, if the proposal involves new construction to create the residential use. If the proposal only involves the conversion of existing building area to create the residential use, the requirement for open space may be waived.
c. The noise standards as specified in Subsection 15.17.040.H of this title shall be satisfied.
5. When a mixed-use proposal includes affordable housing for which a developer seeks a density bonus and/or development incentive(s)/concession(s), Section 15.17.120 of this Title applies.
F. Automotive (including automobile “single or multiple car display” dealer, boat, motorcycle, trailer and equipment) sales:
Proposals to create new, expand, or substantially remodel existing automobile dealerships will be subject to the following review procedures:
1. All automobile dealerships shall comply with the development standards for the commercial zone in which it is located and additional development standards for automobile dealerships.
2. Development standards for automobile dealerships include but are not limited to the following the conformity to which will be considered in review of the request:
a. Parking and vehicle storage: The minimum required off-street parking spaces shall be provided as follows in addition to the area used for the exterior display of vehicles:
Showroom and office - one space per 400 sq. ft. of floor area.
Exterior display area - one space per 2,000 sq. ft.
Parts department - one space per 250 sq. ft. of floor area.
b. Landscaping: Except for driveways and walkways used for street access, all required street setback areas shall be landscaped to a depth of 10 feet. A reduction to five feet will be considered based on existing conditions, site constraints, and surrounding land uses.
c. Lighting: All outdoor lighting shall be shielded and directed away from surrounding uses residential uses. Such lighting shall not exceed 0.5 footcandles of illumination beyond the property line of the automotive dealership.
d. Loading and Unloading of Vehicles: Loading and Unloading shall occur on private property either on or off-site and shall not block the ingress or egress of any property. Loading and unloading occurring on any public street will require approval from the Engineering Department. The dealership operator shall be responsible and liable for any activities of a common carrier, operator, or other person controlling such loading or unloading activities to the extent any such activities violate the provisions of this subsection.
e. Repair of Vehicles: Vehicle repair is permitted as accessory use to the automotive dealership shall only occur in a building enclosed on at least three sides. The service bay entrance shall not face an adjacent residentially zoned property. Screening from surrounding properties or public rights-of-way shall be provided for vehicles awaiting body repair work. The noise generated by the repair operations as measured from an adjacent residentially zoned property shall comply with Subsection 15.90.030.
f. Queuing of Vehicles: An adequate on-site queuing area for service customers shall be provided. On-site driveways may be used for queuing, but may not interfere with access to required parking spaces. Required parking spaces may not double as queuing spaces.
g. Test Driving: Test driving shall not be done on residential streets or alleys.
h. Control of Alley Traffic: Automobile dealerships abutting a public alley shall minimize dangers to pedestrians and neighboring vehicle operations.
i. Circulation: The location of entries and exits from dealerships shall be located as far away from adjacent residential properties as is reasonably feasible, shall be directed to commercial streets and away from residential areas by means of signage and design, and shall be approved by the Engineering Department. The interior circulation system between levels shall be internal to the building and shall not require use of public ways or of externally visible or uncovered ramps, driveways, or parking area. Approval for proposed circulation shall meet or exceed the minimum widths required from the Development Services and Fire Departments.
j. Noise: There shall be no outdoor loudspeakers. The noise from interior loudspeakers as measured from an adjacent residentially zoned property shall comply with Subsection 15.90.030.
k. Hours of Operation: If the automobile dealership is within 100 feet of a residentially zoned property, operation of the dealership, including service and loading and unloading operations, shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m.
1. Signage: Signage shall comply with Subsection 15.49
m. Additional requirements: No high profile vehicles shall be parked within 20 feet of residentially zoned property.
G. Internet or cyber café, computer lounge or internet arcade: Notwithstanding other provisions contained in this chapter, development standards for an establishment that provides more than six (6) computers and/or other electronic devices, for access to that system commonly referred to as the “internet” for uses including but not limited to computer gaming, e-mail, or access to other computer software programs, to the public for compensation and/or for public access shall include, but not be limited to, the following:
1. Hour of operations shall be posted at the entrance.
2. Minors may not enter or remain on the premises during the business hours of 8:30 a.m. to 2:00 p.m. on regular school days.
3. Alcohol sales and consumptions shall be prohibited.
4. “No Loitering” signs shall be posted.
5. Employees shall be at least eighteen (18) years of age.
6. The use of adult-oriented intemet sites shall be prohibited unless the business has an adult business permit.
7. No internet/cyber café shall be maintained or operated unless all portions of the interior of such business, except the restrooms thereof, are plainly
visible from the outside of the building through unobstructed windows or glass doors. All windows and glass doors that provide a view of the interior of the premises shall remain unobstructed at all times. No window tints, blinds or curtains shall be permitted.
8. All computer terminal/station dividers shall not exceed 43 inches in height.
9. Parking Requirement: 1 per 50 sq. ft. of computer workstations designated for consumer use. The following documents are required of the applicant to assist the Planning and Building Staff in determining if the proposal meets the guidelines stated above:
1. A site plan showing the building structure and parking layout.
2. A complete floor plan showing an overview of the computer terminals/stations.
3. A front side elevation of the building showing the location/size of windows and entryway.
(Ord. 3270, § 3, 2019; Ord. 3232 (part), 2016; Ord. 3195 § 3, 2013; Ord. 3160 § 2, 2010; Ord. 3113, (part), 2008; Ord. 3066, (part), 2005; Ord. 3026, 2003; Ord. 2982, 2001).