18.16.040 Land Uses

   The uses of land allowed by this chapter in each commercial zoning district are identified in the following tables. Land uses that are not listed on the tables are not allowed, except where otherwise noted. Where the last column on the following tables ("Subject to Regulations in") includes a section number, specific regulations in the referenced section also apply to the use; however, provisions in other sections may apply as well.

   (a)   Commercial Zones and Land Uses

   Permitted and conditionally permitted land uses for each commercial zone are shown in Table 1:

   TABLE 1
   PERMITTED AND CONDITIONALLY PERMITTED USES
   P = Permitted Use CUP = Conditional Use Permit Required

LAND USE	CN (4)	CC, CC(2)	CS (4)	Subject to Regulations In:
ACCESSORY AND SUPPORT USES
Accessory facilities and activities customarily associated with or essential to permitted uses, and operated incidental to the principal use.	P	P	p	18.42
Drive-in services or take-out services associated with permitted uses(3)	CUP	CUP	CUP	18.42
Tire, battery, and automotive service facilities, when operated incidental to a permitted retail service or shopping center having a gross floor area of more than 30,000 square feet.		CUP		18.42, 18.40.160
Safe Parking				18.42.160
EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES
Business and Trade Schools		P	P
Churches and Religious Institutions	P	P	P
Private Educational Facilities	CUP	P	P
Private Clubs, Lodges, or Fraternal Organizations	CUP	P	P
MANUFACTURING AND PROCESSING USES
Recycling Centers	CUP	CUP	CUP
Warehousing and Distribution			CUP
OFFICE USES
Administrative Office Services			P	18.16.050
Medical Offices	CUP(5)	CUP(5)	CUP(5)	18.16.050
Professional and General Business Offices	P	P	P	18.16.050
PUBLIC/QUASI-PUBLIC USES
Utility Facilities essential to provision of utility services but excluding construction or storage yards, maintenance facilities, or corporation yards.	CUP	CUP	CUP
RECREATION USES
Commercial Recreation	CUP(5)	CUP(5)	CUP(5)	18.40.160
Outdoor Recreation Services	CUP	CUP	CUP
RESIDENTIAL USES
Multiple-Family	P(1)	P(1)	P(1)	18.16.060(b) and (c)
Home Occupations	P	P	P
Residential Care Homes	P	P	P
RETAIL USES
Eating and Drinking Services, excluding drive-in and take-out services	P	P	P	18.40.160
Retail Services, excluding liquor stores	P	P	P	18.40.160
Liquor stores	CUP	P	P	18.40.160
Shopping Centers		P		18.16.060(e), 18.40.160
SERVICE USES
Ambulance Services	CUP	CUP	CUP
Animal Care, excluding boarding and kennels	P	P	P
Boarding and Kennels			CUP
Automobile Service Stations	CUP	CUP	CUP	18.30(G)
Automotive Services			CUP
Convalescent Facilities	CUP	P	P
Day Care Centers	P	P	P	18.40.160
Small Family Day Care Homes	P	P	P
Large Family Day Care Homes	P	P	P
Small Adult Day Care Homes	P	P	P
Large Adult Day Care Homes	CUP	P	P
Banks and Financial Services V	CUP	P(2)	P(2)
General Business Services		CUP	P
Hotels		P	P	18.16.060(d), 18.40.160
Mortuaries	CUP	P	P
Neighborhood Business Services	P			18.16.060(f)
Personal Services	P	P(6)	P	18.16.060(f), 18.40.160
Reverse Vending Machines	P	P	P
TEMPORARY USES
Farmer's Markets	CUP	CUP	CUP
Temporary Parking Facilities, provided that such facilities shall remain no more than five years.	CUP	CUP	CUP
TRANSPORTATION USES
Parking as a principal use		CUP	CUP
Transportation Terminals		CUP	CUP
P = Permitted Use	CUP = Conditional Use Permit Required

 

   (1)   Residential is only permitted: (i) as part of a mixed use development, pursuant to the provisions of Section 18.16.060(b), or (ii) on sites designated as housing inventory sites in the Housing Element of the Comprehensive Plan, (iii) on CN or CS sites on El Camino Real, or (iv) on CC(2) sites, all pursuant to the provisions of Section 18.16.060(b) and (c).

   (2)   Except drive-in services.

   (3)   So long as drive up facilities, excluding car washes, provide full access to pedestrians and bicyclists. A maximum of two such services shall be permitted within 1,000 feet, and each use shall not be less than 150 feet from one another.

   (4)   For properties in the CN and CS zone districts, businesses that operate or have associated activities at any time between the hours of 10:00 p.m. and 6:00 a.m. require a conditional use permit.

   (5)   A conditional use permit is not required for medical office or commercial recreation uses up to 5,000 square feet of gross floor area, with the following exceptions, for which a conditional use permit is always required: (A) medical office fronting on California Avenue and in the Midtown Shopping District; (B) commercial recreation uses fronting on California Avenue and in the Town and Country Village Shopping Center.

   (6)   A conditional use permit is required for the following uses when fronting on California Avenue: (A) Fitness or exercise studios, and similar uses exceeding 1,800 square feet in gross floor area; and (B) Learning centers intended for individual or small group settings. A conditional use permit is required for fitness or exercise studios, and similar uses exceeding 1,800 square feet in gross floor area in Town and Country Village Shopping Center.

   (b)   Late Night Use and Activities

   The following regulations restrict businesses that operate or have associated activities at any time between the hours of 10:00 p.m. and 6:00 a.m., where such site abuts or is located within 50 feet of residentially zoned properties.

      (1)   Such businesses shall be operated in a manner to protect residential properties from excessive noise, odors, lighting or other nuisances from any sources during those hours.

      (2)   For properties located in the CN or CS zone districts, businesses that operate or have associated activities at any time between the hours of 10:00 p.m. and 6:00 a.m. shall be required to obtain a conditional use permit. The director may apply conditions of approval as are deemed necessary to assure that the operations or activities are compatible with the nearby residentially zoned property.

   (c)   CN District: Special Use Requirements in the Charleston and Midtown Shopping Centers

   The following regulations shall apply to areas of Charleston Center and the Midtown Shopping Center as defined in Section 18.16.030.

   Table 2 shows the uses permitted and conditionally permitted on the ground floor of the applicable areas of the Charleston Center and Midtown Shopping Centers. Permitted and conditional uses specified in subsection (a) of this section shall only apply to the ground floor of the areas of the Charleston and Midtown Shopping Centers as listed in Table 2. Uses lawfully existing on January 16, 2001 may be continued as non-conforming uses but may only be replaced with uses permitted or conditionally permitted under this subsection.

   TABLE 2
CHARLESTON AND MIDTOWN SHOPPING CENTERS GROUND FLOOR USES
P = Permitted Use CUP = Conditional Use Permit Required X = Prohibited Use

LAND USES	Charleston Shopping Center	Midtown Shopping Center	Subject to Regulations in:
ACCESSORY AND SUPPORT USES
Accessory facilities and uses customarily incidental to permitted uses.	P	P
EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES
Churches and Religious Institutions	CUP	CUP
Private Educational Facilities	CUP	CUP
MANUFACTURING AND PROCESSING USES
Recycling Centers	CUP	CUP
OFFICE USES
Neighborhood-serving offices that do not exceed 2,500 square feet in floor area.	P		18.16.050
Neighborhood-serving offices exceeding 2,500 square feet in floor area.	CUP		18.16.050
Administrative office uses and general business office uses (other than neighborhood-serving travel agencies and insurance agencies) other than those legally in existence on January 16,2001	X	X	18.16.050
Medical offices not exceeding 2,500 square feet in area, professional offices, travel agencies, and insurance agencies		CUP	18.16.050
PUBLIC/QUASI-PUBLIC USES
Utility Facilities essential to provision of utility services but excluding construction or storage yards, maintenance facilities, or corporation yards.	CUP	CUP
RECREATION USES
Commercial Recreation	CUP	CUP	18.40.160
Outdoor Recreation Services	CUP	CUP
Private Clubs, Lodges, or Fraternal Organizations	CUP	CUP
RESIDENTIAL USES
Residential uses of any nature	X	X
RETAIL USES
Eating and Drinking Services, excluding drive-in and take-out services	P	P	18.40.160
Retail Services, excluding liquor stores	P	P	18.40.160
Liquor stores	CUP	CUP	18.40.160
SERVICE USES
Ambulance Services	CUP	CUP
Animal Care, excluding boarding and kennels	P	P
Automobile Service Stations	CUP	CUP	18.30(G)
Convalescent Facilities	CUP	CUP
Day Care Centers	P	P	18.40.160
Financial Services	CUP	CUP
Mortuaries	CUP	CUP
Neighborhood Business Services	P	P
Personal Services	P	P	18.40.160
Reverse Vending Machines	P	P
TEMPORARY USES
Farmers' Markets	CUP	CUP
Temporary Parking Facilities, provided that such facilities shall remain no more than five years.	CUP	CUP
P = Permitted Use   CUP = Conditional Use Permit Required   X = Prohibited Use

 

   (d)   Charleston Shopping Center: Additional Use Restrictions

      (1)   Any office use first occupying space at the Center on or after January 16, 2001, shall obtain a written determination from the director of planning and development services that it qualifies as a neighborhood serving use, as defined in this chapter, before occupying its premises. The applicant shall submit such information as the director shall reasonably require in order to make the determination, and the director shall issue the determination within 30 days of receiving a complete application. Failure to submit the required information shall be grounds for determining that a business is not neighborhood-serving.

      (2)   No more than 7,850 square feet of total floor area at the Center shall be occupied by office uses at any time.

      (3)   Prior to approving a conditional use permit for neighborhood-serving offices larger than 2,500 square feet in total floor area, the city shall find that the proposed use will be neighborhood-serving, that it will be conducted in a manner that will enhance and strengthen the Center as a neighborhood resource, and that it will not diminish the retail strength of the center.

   (e)   Midtown Shopping Center: Additional Use Restrictions

      (1)   An existing ground floor office may be replaced with another office if

         (a)   the new tenant or owner will continue the existing business or practice; or

         (b)   a conditional use permit is issued for the new office use.

      (2)   No conditional use permit shall be issued for any new office use on the ground floor unless, in addition to the findings required for a conditional use permit as specified in Section 18.76.010, the city finds that the proposed use will be neighborhood serving, that it will be conducted in a manner that will enhance and strengthen the Midtown Shopping District as a neighborhood resource, and that it will not diminish the retail strength of the District.

      (3)   For properties at 711, 719, and 721 Colorado Avenue, and 689 Bryson Avenue, buildings not fronting on Middlefield Avenue, designed and used for office purposes, and not well suited to other uses are exempt from the provisions of this subsection (b).

(Ord. 5517 § 3, 2021: Ord. 5494 § 3, 2020: Ord. 5490 § 4, 2020: Ord. 5460 § 5, 2019: Ord. 5407 § 8, 2017: Ord. 4923 § 3 (part), 2006: Ord. 4925 § 3 (part), 2006)