The following specific use requirements may be applicable to some of the specific uses or zones identified in the previous Table 8-2.604, and shall be applied to any issued building permits, Site Plan Review, or Use Permit for uses in the commercial zones.
(a) Downtown Mixed Use (DMX) zone. The following additional requirements and regulations shall be applied to all proposed projects in the Esparto DMX area:
(1) For projects proposed on vacant lands of more than one (1) acre in size, the following regulations apply:
(i) Projects are encouraged to include a mix of residential and non-residential uses (a mixed use development project), integrated either vertically or horizontally. Retail uses are strongly encouraged on the ground floor of buildings fronting along the main streets, and other nonresidential uses (e.g., offices or services) or housing are encouraged on the upper floors and behind the retail frontage.
(ii) Projects that are predominantly one single commercial use (e.g., large retail or service establishments such as a hardware store, or a motel/hotel) that are proposed for construction on eighty-five percent (85%) or more of the gross acreage of the vacant parcel are also encouraged to be accompanied by one or more significant community benefits, such as a public plaza, park, or other public use.
(iii) Projects that are predominantly (sixty percent (60%) or more of the gross acreage) single or multiple family residential use are prohibited.
(iv) All projects should include some public amenities such as public open areas, public art, public meeting rooms, pedestrian walkways, etc.
(v) All projects must be designed with a grid circulation pattern that connects with the existing community.
(vi) The architecture and design of buildings must be coordinated throughout the site and must be harmonious with the adjacent community.
(vii) All projects shall conform with all other regulations in this article, and should be consistent with the Design Review Guidelines of the Esparto General Plan.
(2) The following residential uses and densities apply in the DMX zone:
(i) The minimum residential density allowed in new buildings in the DMX zone is ten (10) dwelling units per net acre for new residential structures, and for large projects proposed on vacant lands of more than one (1) acre in size.
(ii) The maximum and minimum residential density standards in (i), above, shall not be applied to new, converted, or expanded residential uses proposed within existing urban buildings located in the historic downtown along Yolo Avenue and Woodland Avenue.
(iii) The maximum building height shall be fifty (50) feet, or four (4) stories, whichever is greater, for all buildings.
(iv) The minimum height for new or renovated mixed-use buildings located in the historic downtown along Yolo Avenue and Woodland Avenue shall be twenty-two (22) feet.
(v) The gross floor area of individual commercial establishments in the DMX district shall not exceed twenty-five thousand (25,000) square feet, or thirty-five thousand (35,000) square feet if it is selling or serving multiple lines of merchandise.
(vi) The ground floor frontage space of new or renovated mixed-use buildings located along Yolo Avenue, Woodland Avenue, and County Road 87 shall not include apartments and shall contain the following minimum retail (non-residential) space:
A. At least eight hundred (800) square feet or twenty-five (25) percent of the ground floor area (whichever is greater) on lots with street frontage of less than fifty (50) feet; or
B. At least twenty (20) percent of the ground floor area on lots with fifty (50) feet of street frontage or more.
(3) The following setbacks apply in the DMX zone:
(i) The entire building façade of new or renovated buildings located along Yolo Avenue, Woodland Avenue, and County Road 87 shall generally abut front and street side property lines or be located within ten (10) feet of such property lines. An exception may be made for the “train station” property (APN: 049-240-017), if the existing structure is retained. However, a portion of new or renovated buildings may be set back from the maximum setback line in order to provide a specific feature or to reflect the prevailing setbacks of existing buildings along the block or the street. Specific features include an articulated façade, or to accommodate a building entrance feature or an outdoor eating area.
(ii) Special architectural features such as balconies, bay windows, arcades, and awnings may project into front setbacks and public street right-of-ways (but not extend past the curb line) provided they meet minimum required clearance above the sidewalk and leave a minimum five (5) foot wide unobstructed sidewalk. Prior to new encroachment into the public right-of-way, a permit shall be obtained from the County Planning, Public Works and Environmental Services Department, or Caltrans.
(iii) The minimum rear setback is ten (10) feet, except when DMX zoned property abuts R-zoned property, in which case the minimum rear setback required is twenty (20) feet.
(iv) No interior side setbacks are required in the DMX district, except when DMX zoned property abuts R-zoned property, in which case the minimum side setback required is twenty (20) feet.
(4) The following other building regulations apply in the DMX zone:
(i) All permitted uses in the DMX district must be conducted within completely enclosed buildings unless otherwise expressly authorized. This requirement does not apply to off-street parking or loading areas, automated teller machines, kiosks, mailboxes, farmers markets, or outdoor eating or drinking areas.
(ii) Building frontage of new or renovated buildings shall be eighty percent (80%) to one hundred percent (100%) of the frontage measured from side property line to side property line at front property line.
(iii) A minimum of forty percent (40%), and a maximum of seventy-five percent (75%), of the street-facing building façade of new or renovated commercial buildings along Yolo Avenue and Woodland Avenue shall be comprised of clear windows that allow views of indoor space or product display areas between two (2) feet and eight (8) feet in height. The bottom of any window or product display window used to satisfy this transparency standard shall not be more than three (3) feet above the adjacent sidewalk, and product display windows used to satisfy this requirement must have a minimum height of four (4) feet and be internally lighted.
(iv) No more than thirty (30) feet of horizontal distance of a wall on any floor shall be provided without architectural relief, such as windows, for building walls and frontage walls facing the street.
(v) Commercial buildings shall have a primary entrance door facing a public sidewalk. Entrances at building corners may be used to satisfy this requirement. Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses.
(5) The following building design regulations apply in the DMX zone:
(i) New and renovated buildings should be designed consistent with this section and with the Design Review Guidelines of the Esparto General Plan. Historical buildings may be exempted from some of these individual guidelines, at the discretion of the Director of Planning, Public Works and Environmental Services or the Planning Commission, sitting as the Historic Preservation Commission.
(ii) Building surface variation should be incorporated in new buildings through the placement of windows and entries, planar changes (where the building surface recedes or projects), significant color changes, material changes, or other elements that add variation along the length of a building.
(iii) Structures should be designed with articulation at entries, bases, and tops. The organization used shall break up the mass into smaller elements. Buildings shall provide as much visual interest as possible without creating a chaotic image.
(iv) New and renovated buildings shall utilize at least three (3) of the following design features to provide architectural relief along all elevations of the building:
A. Divisions or breaks in materials and color (materials should be drawn from a common palette)
B. Window bays
C. Separate entrances and entry treatments
D. Variation in roof lines
E. Projecting architectural elements (porches, awnings, balconies, etc.)
F. Recessed entries (at least three (3) feet from the primary façade)
G. Protruding entries (at least three (3) feet from the primary façade)
H. Cupolas
(v) Buildings shall include a clear visual division (e.g., a cornice or awning) between the first and upper floors.
(vi) Variable roof forms shall be incorporated into the building design. Long, uninterrupted horizontal lines of parapet are discouraged. Generally it is preferred to break up the parapet, eaves, or ridge line by vertical or horizontal off-sets or changing the roof forms.
(vii) Commercial and mixed-use buildings shall express a “storefront character,” by including corner building entrances on corner lots, and including regularly spaced and similar-shaped windows with window hoods or trim (all building stories).
(viii) All proposed motel/motel projects shall be required to meet minimum design criteria outlined in this section and in the Design Review Guidelines of the Esparto General Plan, including requirements for extensive landscaping to buffer structures and parking areas.
(6) The following notice requirements apply in the DMX:
(i) Purchasers of residential lots or homes in the DMX zone shall be notified that they are purchasing property within a mixed use zone and that adjacent residential uses could be changed to nonresidential uses over time.
(ii) Residential neighbors within the DMX zone shall be notified of any proposed change of use from residential to a nonresidential use of adjacent lots or homes within one hundred (100) feet, regardless whether the new use is permitted by right or by Conditional Use Permit.
(b) Large retail sales, specialty store, over 10,000 square feet. Large retail sales, specialty store, over ten thousand (10,000) square feet must be served by public utilities (water, sewer).
(c) Alcohol sales. The sale of alcohol requires the issuance of a Use Permit, as described in Chapter 6 of this title.
(d) Live entertainment. Artists performing activities within or outside a structure that meet the definition of “live entertainment” (see Sec. 8-2.607) requires the issuance of a Site Plan Review or Use Permit, at the discretion of the Planning Director.
(e) Outdoor eating spaces. Outdoor dining is permitted and may occur within the public right-of-way with issuance of an encroachment permit. A minimum of five (5) feet of clear sidewalk access for pedestrians shall be maintained, if feasible, otherwise three (3) feet shall be maintained.
(f) Professional offices. Professional offices are allowed by right if located above the ground floor of a building in the C-L and DMX zones, or if they meet the definition of a “walk in business.” Professional offices on the ground floor that are not a “walk in business” are permitted through a Site Plan Review in the C-L and DMX zones.
(g) Research and development parks. A research and development park is permitted in the C-G zone provided that the project meets the following development and performance standards:
(1) Minimum lot size of one and one-half (1.5) acres.
(2) The project submits and receives approval of a Planned Development (PD) rezoning.
(3) The PD rezoning includes development and performance standards that are generally consistent with, but exceed in quality, the requirements of the C-G zone.
(4) The PD rezoning requires offices and service support as the primary use (more than fifty (50) percent of total square footage).
(5) The PD rezoning requires architectural design and landscaping of a high quality that enhances the commercial district.
(h) Live/work uses.
(1) Live/work units are allowed in the C-L, C-G, and DMX zones by right provided that the commercial use or activity within the unit is allowed by right in the respective zone and the following development standards are met:
(i) Live/work units at the street and/or adjacent to a sidewalk level meet the development and transparency standards of ground-floor retail or commercial establishments of the DMX zone (see Sec. 8-2.606(a), above), and the living area does not exceed one-third (1/3) of the total floor area of the unit.
(ii) At least one resident in each live/work unit maintains a valid business license and other required permits for a business on the premises.
(2) Live/work units that do not meet the standards in (1), above, may be permitted with the issuance of a Site Plan Review.
(i) Light manufacturing of artisan crafts. Light manufacturing of artisan crafts, associated with live/work space and/or retail/specialty stores, is allowed by right if the use meets the definition of “Artisan crafts production, small scale.” “Artisan crafts production, large scale or mechanized” activities are permitted with the issuance of a Site Plan Review. See definitions in Sec. 8-2.607.
(j) Wholesale, accessory storage activities. Wholesale uses and accessory storage are permitted in the indicated zones with the issuance of a Site Plan Review if the use meets all development and performance standards for the zone and is less than three thousand (3,000) square feet. Otherwise, the use may be permitted through the issuance of a Minor Use Permit.
(k) Warehouses. Warehouse uses and structures are permitted in the indicated zones if the use is incidental or accessory to an allowed or permitted commercial use. Warehouse uses and structures are permitted with the issuance of a Site Plan Review in the C-G zone if the use meets all development and performance standards for the zone and is less than five thousand (5,000) square feet. Otherwise, the use may be permitted through the issuance of a Minor Use Permit.
(l) Attached single and multi-family residential/single room occupancy. Attached single and multiple family units and single room occupancy hotels are allowed with the issuance of a Site Plan Review in the C-G, DMX, and C-H zones, provided that the project is designed to be compatible with adjacent commercial uses and any adjoining single family residences, and meets development standards. At the discretion of the Planning Director, a Minor Use Permit may be required if there are any compatibility issues or if setbacks or other development standards are not met.
(m) Emergency shelters. Emergency shelters for the homeless or displaced, fewer than twenty (20) beds in size, are allowed with the issuance of a Site Plan Review in commercial zones, provided that the project is served by public water and wastewater facilities, is designed to be compatible with any adjoining single family residences, and meets the other development standards listed below. Projects larger than twenty (20) beds are subject to a Minor Use Permit. At the discretion of the Planning Director, a Minor Use Permit may be required for a project under twenty (20) beds, or a Major Use Permit may be required for a project larger than twenty (20) beds, if there are any compatibility issues, or if any of the following development standards are not met:
(1) The project is designed to be compatible with any adjoining single family residences, including appropriate setbacks, landscaping, and parking.
(2) The site is connected to public services, including a public water and wastewater system.
(3) The project provides at least one (1) off-site parking space for each ten (10) residents, plus one (1) space for the manager.
(4) The project meets any State regulatory requirements and has received, or will receive in the near future, all necessary State operating permits.
(n) Fraternal organization, non-profit private club. Fraternal organizations and non-profit private clubs are permitted through a Site Plan Review if located above the ground floor of a building in the C-L, C-G and DMX zones, or if they are less than one thousand (1,000) square feet on the ground floor. Fraternal organizations and private clubs on the ground floor or larger than one thousand (1,000) square feet are permitted through a Minor Use Permit in the C-L, C-G and DMX zones, and in specified industrial zones.
(o) Public/quasi-public uses. Public/quasi-public uses such as churches and other religious assembly, government/civic buildings, libraries, public schools, and parks would normally be required to locate on lands that have been zoned “Public/Quasi-Public” (PQP); however, smaller uses of less than five thousand (5,000) square feet of total building space, or one (1) acre in size for a park, may be permitted to locate in the commercial, and specified industrial, zones without a rezoning to PQP, with the issuance of a Minor Use Permit.
(p) Approval of discretionary projects and permits within the floodplain. Approvals of all discretionary projects and permits within the 100-year and 200-year floodplain must meet FEMA, State and local flood requirements. Appropriate findings for discretionary projects, or ministerial residential projects, located within the floodplain are required, see Section 8-2.306(ae).
(Ord. 1445, eff. August 14, 2014; as amended by Ord. 681.229, eff. October 29, 2015)