Division 3. Conditional Use Criteria
9133 Conditional Use Criteria.
In addition to the general criteria for the approval of a conditional use permit pursuant to CMC 9172.21(D)(1), special criteria and limitations as indicated below shall be considered in acting upon a conditional use permit in a commercial zone:
Retail sale of ornamental brick, stone, tile, flagstone:
The size of the site, the amount of materials on hand, and the appearance thereof shall not create the character of an industrial or outdoor storage use.
Adult business:
The business shall satisfy the requirements of CMC 9138.9.
Massage service:
The business shall satisfy the requirements of CMC 9138.91 and 63134 et seq.
Tattoo service:
The business shall satisfy the requirements of CMC 9138.92.
Mortuary:
The use shall be compatible with surrounding uses.
Motion picture studio:
The activity shall be entirely within buildings.
The height and bulk of buildings shall not be excessive in relation to the site and surrounding development.
Restaurants, including drive-thru, cafes, dinner houses, or establishments offering food for in-house or take out consumption in the CA Zone:
Compliance with CMC 9138.15.
Automobile laundry:
Ability to comply with the provisions of CMC 9138.14.
Sale, rental or lease of trucks or trailers over two (2) ton capacity (new or used):
The number and size of vehicles on hand and the appearance thereof shall not create the character of a truck yard or industrial use.
Major repair as defined in CMC 9138.11 for CA Zone only:
Compliance with CMC 9138.15.
Automobile service stations in the CA Zone:
Compliance with CMC 9138.14 and 9138.15.
Transmitter, receiver or repeater station – radio, television, microwave:
No excessive electronic interference shall be generated.
No unusual or unnecessary hazards to aircraft shall be created.
The height and appearance of structures shall not be detrimental to the character of the surrounding area.
Electric distribution substation, gas measurement station, pumping station, water well, water reservoir:
The facility shall be necessary for the safe or efficient functioning of a public utility or pipeline system.
The location in a commercial zone shall be necessary to serve commercial or residential uses in the vicinity, or no suitable alternative location shall be available.
Driving skill course:
In addition to the provisions of CMC 9162.21(C), parking shall be provided at a ratio of fifteen (15) spaces per four hundred (400) yards of track, plus one (1) space per employee on the largest shift.
In addition to the provisions of CMC 9162.52, lawns or landscaping shall be installed on all unpaved areas of the site.
In addition to the provisions of CMC 9136.2, the track shall maintain a twenty-five (25) foot setback from any property line adjacent to another property or public street.
Adequate steps shall be taken to prevent excessive noise from emanating from the site.
Hospital, long-term health care facility, community residential care facility:
The facility shall become licensed pursuant to Division 2 of the California Health and Safety Code or, if exempt from licensure, shall meet standards equivalent to those prescribed by State law.
The surrounding area does not provide an environment detrimental to health care or residential care.
Mobile home park:
Ability to comply with the provisions of CMC 9128.2.
Alcoholic beverage sales and services:
Ability to comply with the provisions of CMC 9138.5.
Shared parking facilities:
Ability to comply with the provisions of CMC 9162.24.
Arcades:
Compliance with the provisions of CMC 9138.4.
Boarding or rooming house, residential hotel, motel with kitchens:
The surrounding area does not provide an environment detrimental to long-term residence.
Fraternity or sorority house, dormitory:
The surrounding area does not provide an environment detrimental to residence.
The location shall be conveniently accessible in relation to the college or institution attended by residents.
Multiple-family residential, residential condominiums, mixed-use developments:
Compliance with the provisions of CMC 9138.7, 9138.17 and 9138.18.
Oil well:
Ability to comply with the provisions of CMC 9500 – 9537, Oil and Gas Code.
Vehicle repair and service:
Compliance with the provisions of CMC 9138.2.
Vehicle repair and service (as primary use*) for those properties fronting Avalon Boulevard and within the CA Zone only:
Ability to comply with CMC 9138.15* and 9138.2*.
Sales of used automobiles, recreation vehicles, and trucks not over two (2) ton capacity (as primary use) in the CA Zone only:
The business shall occupy property a minimum of two (2) acres in area.
Ability to comply with CMC 9138.15.
Automotive and equipment auction for those properties fronting Avalon Boulevard and within the CA Zone:
Ability to comply with CMC 9138.15 and 9138.2.
Lawfully established automotive and equipment auctions in the CA Zone shall cease operations and discontinue business on or before July 1, 2017. After that date, no new auctions are permitted in the CA Zone. (Ord. 78-431; Ord. 82-621, § 3; Ord. 83-637U, § 3; Ord. 83-654, § 1; Ord. 85-685, § 3; Ord. 93-1001, § 2; Ord. 94-1035U, § 4; Ord. 94-1037, § 5; Ord. 94-1039, § 4; Ord. 95-1079, Exh. A.; Ord. 03-1279, § 5; Ord. 04-1322, § 4; Ord. 06-1349, § 2; Ord. 06-1363, § 9; Ord. 07-1392, § 9; Ord. 08-1404, § 2; Ord. 11-1473, § 2; Ord. 11-1480, § 2; Ord. 16-1590, Exh. B (§ 7))
* Lawfully established automotive repair facilities on property fronting Avalon Boulevard shall discontinue operations on or before July 1, 2017.