Chapter 17.34
COMMERCIAL AND INDUSTRIAL DISTRICTS, ALLOWED USES, AND DEVELOPMENT STANDARDS

Sections:

17.34.010    Purpose.

17.34.020    Intent of individual districts.

17.34.030    Uses allowed.

17.34.040    Development standards.

17.34.050    Residential uses.

17.34.060    Noncommercial uses.

17.34.070    Accessory uses.

17.34.080    Commercial design guidelines.

17.34.090    Neighborhood commercial centers.

17.34.100    FAR development incentives.

17.34.110    Mixed-use design guidelines.

17.34.120    Industrial design guidelines.

17.34.010 Purpose.

The purpose of this chapter is to define allowable land uses and property development standards, including intensity of development, for the commercial zoning districts and to permit a variety of industrial activities, with a focus on encouraging employment opportunities and clean industry, consistent with the policy direction in the San Pablo general plan. The commercial districts are intended to provide services to residents, support mixed-use development, and attract retail expenditures from outside San Pablo, consistent with the policy direction in the general plan. The intent of each of the commercial and industrial zoning districts is described below. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

17.34.020 Intent of individual districts.

A.    NC District. The NC neighborhood commercial district is intended to implement the commercial land use designation in the general plan by providing small-scale commercial uses that primarily provide convenience, personal services, and social services such as retail and specialty shops, eating and drinking establishments, and commercial recreation. The maximum permitted floor area ratio is 1.0.

B.    CR District. The CR regional commercial district is intended to implement the commercial land use designation in the general plan by providing opportunities for uses, such as malls, major department stores, factory outlet stores, and home improvement stores, that serve a very large geographic area. The CR districts are to be located where there is adequate vehicular access to regional markets. Other types of commercial uses are also encouraged, provided they are compatible with the regional uses. The maximum permitted floor area ratio is 0.75 for office uses and 0.40 for non-office uses.

C.    CMU District. The CMU commercial mixed-use district is intended to implement the commercial mixed-use land use designation in the general plan by providing opportunities for retail, commercial, office, residential, and public uses. While the predominant development use is commercial, the city encourages the vertical and/or horizontal integration of office, residential, and/or public uses that are compatible with the commercial development. In multiple-story buildings, retail uses should be predominant on the ground floor. The maximum permitted floor area ratio is 1.5. The maximum density allowable in the district is fifty dwelling units per acre.

D.    IMU District. The IMU industrial mixed-use district is intended to implement the industrial mixed-use land use designation in the general plan by providing opportunities for light manufacturing, distribution, sales, and services with ancillary commercial and office space uses. Targeted uses include single- and multi-story office, flex-space, and industrial buildings for single and multiple users, warehousing, and research and development facilities. Retail uses are not permitted. The maximum permitted floor area ratio is 0.6. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

17.34.030 Uses allowed.

A.    Matrix of Uses. Table 17.34-A contains the use regulations for the commercial zoning districts, listed by classes of uses as defined in Division VI, Glossary. The allowable uses in Table 17.34-A for each district are established by letter designations as follows:

1.    “R” designates classes of uses permitted by right.

2.    “A” designates classes of uses that require an administrative review pursuant to Section 17.18.020, Plan check/zoning clearance.

3.    “U” designates classes of uses permitted with a use permit pursuant to Section 17.20.040, Conditional use permit.

4.    “–” designates classes of uses that are prohibited.

5.    Any class of use not listed in Table 17.34-A is prohibited.

6.    The zoning administrator shall determine if a use is classified as an allowed use.

B.    Exceptions along Railroad Lines and Streams. Notwithstanding the provisions of Table 17.34-A, the following provisions apply:

1.    Any development, except industry—limited, industry—general, and salvage yards, within three hundred feet of a railroad line that is used at least once daily shall require a use permit to ensure that the development adequately mitigates noise and vibration from the rail operations, pursuant to the relevant policies and actions under the general plan.

2.    Any development, including land disturbance, that is within fifty feet of any stream shall require a use permit to ensure that the development adequately avoids impacts to wetland features or woodlands, reduces impacts to the creek, and prevents degradation of riparian and wetland features from potential urban pollutants, pursuant to the relevant policies and actions related to creeks within the general plan.

C.    Design Review. Certain uses also require design review. A list of those uses is contained in Section 17.18.090, Minor design review, and Section 17.20.030, Major design review.

D.    Principal Uses Only. Only principal uses are listed in Table 17.34-A. Accessory uses are addressed in Section 17.34.070, Accessory uses.

E.    Other Regulations. Some uses are also subject to the provisions of Title 5 and other titles of the San Pablo Municipal Code. Those provisions are in addition to the provisions in this chapter.

F.    Special Provisions. Special provisions related to a use are referenced in the special provisions column of Table 17.34-A.

Table 17.34-A—Commercial and Industrial Districts: Use Regulations 

Land Use/Zoning District

NC

CR

CMU

IMU

Special Provisions

Residential Uses

Accessory Dwelling Units

R

R

R

R

Section 17.60.070

Assisted Living Facilities

–

U

U

–

 

Boarding Houses

–

–

U

–

 

Community Care Facilities (7+)

U

U

U

–

 

Day Care, Large Family1

U

U

R

–

 

Day Care, Small Family

–

–

R

–

 

Dwellings, Multiple-Family2

U

R

R

U

 

Dwellings, Single-Family Attached2

–

–

R

–

 

Dwellings, Single-Family Detached2

–

–

R

–

Section 17.32.050

Dwellings, Two-Family (Duplexes)2

–

–

R

–

Section 17.32.050

Emergency Shelter

–

U

–

–

Section 17.60.080

Home Occupations

–

–

–

–

Section 17.60.030

Incidental/Caretaker Residences

U

U

U

U

 

Live-Work Facility

–

–

U

U

Section 17.60.040

Mobile Home Parks

–

U

–

U

Section 17.60.050

Residential Care Facilities (≤6)

–

–

R

–

 

Single-Room Occupancy

–

U

–

–

Section 17.60.090

Supportive Housing

–

–

–

–

 

Transitional Housing

–

–

–

–

 

Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses

Cemeteries

–

–

–

–

 

Community and Religious Assembly

U

U

U

U

 

Community Facilities

U

U

U

U

 

Community Gardens

A

A

A

–

 

Day Care Centers

U

U

U

–

 

Hospitals and Clinics

U

U

U

–

 

Medical and Dental Offices

R

R

R

A

 

Public Services

R

R

R

R

 

Recreation, Amusements

U

U

R

U

 

Recreation, Indoor

R

R

R

R

 

Recreation, Major Arcades

U

U

U

U

Section 17.62.030

Recreation, Minor Arcades

R

R

R

R

Section 17.62.030

Recreation, Outdoor Passive

R

R

–

R

 

Recreation, Parks and Playgrounds

R

R

R

R

 

Religious Institutions

U

U

U

U

 

Schools, Private

U

U

U

–

 

Schools, Public

U

U

U

–

 

Schools, Vocational Schools

U

U

U

U

 

Utility, Transportation, Public Facility, and Communication Uses

Wireless Facilities

–

–

–

–

Sections 17.62.200 and 17.62.300

Utilities, Major

U

U

U

U

 

Utilities, Minor

A

R

R

R

 

Retail, Service, and Office Uses

Adult-Oriented Businesses

–

U

–

–

Section 17.62.010

Alcoholic Beverage Sales

U

U

U

U

Section 17.62.020

Animal Boarding

U

R

U

R

Section 17.60.010

Animal Care

A

R

A

R

Section 17.60.010

Artist Studios

R

R

R

R

 

Banks and Financial Institutions, Credit Unions

R

R

R

R

 

Bed and Breakfast

–

–

R

–

 

Building Materials—Indoor Sales

U

U

–

R

 

Business and Professional Services

R

R

R

R

 

Cannabis, Commercial Facilities and Activities

–

–

–

–

Section 17.62.130

Cannabis, Delivery

–

–

–

–

Section 17.62.130

Cannabis, Limited Personal Cultivation

P

P

P

P

Section 17.62.130

Cannabis, Outdoor Cultivation

–

–

–

–

Section 17.62.130

Check Cashing Businesses

U

U

U

–

Section 17.62.050

Commissaries

–

U

–

U

 

Dance and Fitness Studios

A

A

A

A

 

Escort Services

–

–

–

–

Section 17.62.120

Farmers Markets

U

A

A

U

 

Food and Beverage Sales, Catering Services

A

R

A

A

 

Food and Beverage Sales, Convenience3

A

R

U

U

 

Food and Beverage Sales, General

R

R

R

R

 

Funeral and Interment Services

U

–

R

R

 

Health and Exercise Clubs

A

R

R

R

 

Healthy Food Stores

R

R

R

R

Section 17.62.090

Live Entertainment

U

U

U

U

 

Lodging, Hotels and Motels

–

R

A

U

 

Massage Establishments

U

U

U

–

Section 17.62.120

Medical Cannabis Facility

–

–

–

–

Section 17.62.130

Mobile Vending3

–

–

U

U

Section 17.62.140

Nightclubs and Bars

U

U

U

U

 

Nurseries

U

R

R

R

 

Offices

R

R

R

R

 

Pawnshops or Pawnbrokers

U

U

U

U

Section 17.62.150

Personal Services

R

R

R

R

 

Repair Services, General

–

–

–

R

 

Repair Services, Limited

U

R

U

R

 

Restaurants, Coffee Shops/Cafes

R

R

R

R

 

Restaurants, Fast Service

U

U

U

U

Section 17.62.160

Restaurants, Full Service

R

R

R

R

 

Restaurants, General

R

R

R

R

 

Restaurants, Outdoor Dining

A

A

A

A

 

Retail Sales, General

R

R

R

R

 

Retail Sales, Local

R

R

R

R

 

Retail Sales, Outdoor

U

U

U

R

Chapter 17.52

Retail Sales, Regional4

–

R

R

R

 

Secondhand Dealers

A

A

A

A

Section 17.62.170

Smoke Shops

U

U

U

U

Section 17.62.180

Specialty Food Retail

R

R

R

R

 

Specialty Goods Retail

R

R

R

R

 

Tattoo Parlors

U

U

U

U

Section 17.62.190

Wholesaling

–

U

–

R

 

Automobile and Vehicle Uses

Automotive, Major Repair

–

U

–

R

Section 17.62.040

Automotive, Minor Repair

U

U

U

R

Section 17.62.040

Automotive, New Car Sales

–

R

–

R

 

Automotive, Parts Sales

R

R

R

R

Section 17.52.040, Outdoor storage

Automotive, Gas Stations

U

R

–

R

 

Automotive, Used Car Sales

–

–

–

R

 

Automotive, Washing

U

A

–

R

 

Boat and RV Sales

U

R

–

R

 

Taxicab Companies

–

–

–

U

 

Truck Repair and Sales

–

–

–

R

Chapter 17.52

Industrial, Manufacturing, and Processing Uses

Building Materials Yard

–

U

–

R

Chapter 17.52

Industry, General

–

–

–

R

 

Industry, Limited

–

–

–

R

 

Junkyards

–

–

–

–

Section 17.62.110

Maintenance Yards

–

–

–

R

Chapter 17.52

Recycling Services, Consumer

–

–

–

A

Section 17.58.020

Recycling Services, Donation/Collection Boxes

U

U

U

U

Section 17.58.030

Recycling Services, General

–

–

–

A

Section 17.52.030

Research and Development

–

U

U

R

 

Storage, Personal

–

U

–

R

 

Warehousing and Storage, Enclosed

–

–

–

R

 

Warehousing and Storage, Outdoors

–

–

–

U

Chapter 17.52

Notes:

1.    A use permit is required if located in other than a single-family dwelling.

2.    In all cases, supportive housing and transitional housing are and shall be treated as residential uses, subject only to the permitting requirements that apply to residential uses of the same housing type location in the same zone.

3.    Food truck festivals require a temporary use permit.

4.    Home improvement centers may be approved under retail sales, regional.

(Ord. 2020-011 § 5, 2020; Ord. 2020-002 § 8, 2020; Ord. 2017-005 § 3, 2017; Ord. 2017-003 § 3, 2017; Ord. 2016-001 § 3, 2016: Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

17.34.040 Development standards.

A.    General. Table 17.34-B establishes property development standards for commercial districts. Standards shown in the table are subject to the rules of measurement set forth in Chapter 17.46, Height and Yard Requirements.

Table 17.34-B—Commercial and Industrial Districts: Development Standards

 

NC

CR

CMU2

IMU

Minimum parcel area (sf)

2,000

10,000

5,000

No minimum

Maximum building height (feet)

30

50

50

65

Minimum floor area ratio (FAR)

0.3

0.3

0.5

–

Maximum floor area ratio (FAR)

–

–

–

–

 Office

1.0

0.75

1.5

0.6

 Non-office

1.0

0.5

1.5

0.6

Maximum density (du/ac)

–

–

501

–

Minimum setbacks (feet)

See Section 17.34.040(B)

Notes:

No side yard setback is required except where the side of a parcel abuts the side of a parcel in a residential district or a parcel on which a conforming residential use is located, in which case the side yard shall be not less than ten feet.

No rear yard setback is required except where the rear of a parcel abuts a residential district or on a parcel on which a residential use is located, in which case the rear yard shall not be less than ten feet.

1Residential uses are only allowed when the commercial FAR is 0.5 or greater.

2For properties within SP1 and SP2 please refer to each specific plan for development and other design standards.

B.    Setbacks. The following setbacks are required:

1.    No front yard setback is required.

2.    No side yard setback is required except where the side of a parcel abuts the side of a parcel in a residential district or a parcel on which a conforming residential use is located, in which case the side yard shall be not less than ten feet.

3.    No rear yard setback is required except where the rear of a parcel abuts a residential district or a parcel on which a residential use is located, in which case the rear yard shall not be less than ten feet.

C.    Stormwater Management. For rules on stormwater management, see Chapter 8.40. (Ord. 2020-002 § 9, 2020: Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

17.34.050 Residential uses.

Notwithstanding any other provision of this title, the following provisions apply to residential uses allowed pursuant to the planned development procedure:

A.    Density. Residential dwelling units in a commercial district shall not exceed one dwelling unit per two thousand five hundred square feet of parcel size unless otherwise permitted in a specific plan.

B.    Development Standards. Residential dwelling units in a commercial district shall comply with the development standards set forth in Chapter 17.32, Residential Districts, Allowed Uses, and Development Standards, or in Section 17.34.040, Development standards, whichever are more restrictive.

C.    In Combination with Other Uses. If residential dwelling units are combined within one building or project site with nonresidential uses allowed by Section 17.34.030, Uses allowed, the following provisions shall apply:

1.    The residential and nonresidential uses shall be determined to be compatible.

2.    The nonresidential uses shall be at ground level along the street frontage(s).

3.    The number of dwelling units shall not exceed one dwelling unit per two thousand square feet of parcel size.

4.    The floor area ratio of a mixed-use residential and nonresidential building shall not exceed 0.75. The building shall comply with the height and setback requirements of this chapter. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

17.34.060 Noncommercial uses.

A.    Presumption Against. In the event of an application for a use permit for a project involving a noncommercial use located in a commercial district, the general welfare of the city requires that the application be denied unless the planning commission finds that the particular use will not be detrimental to the long-term economic vitality of the commercial district and/or to neighboring commercial uses.

B.    Findings. In addition to any other finding which may lawfully be required for a use permit, the planning commission and/or city council shall make the following findings before approving a use permit subject to this section:

1.    The proposed use will not adversely impact the city’s existing supply of land, structures, or sites that are particularly suitable for future commercial development.

2.    The requested use at the location proposed will not be materially detrimental to existing or future commercial uses in the same general area.

3.    The proposed use will not encourage marginal commercial development in the same general area.

4.    The proposed use is substantially compatible with existing and likely future commercial developments in the same general area. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

17.34.070 Accessory uses.

Accessory uses normally incidental to the type of principal use located on the parcel are allowed. In case of dispute, the zoning administrator shall determine if a use is an accessory or a principal use.

A.    Massage establishments are allowed when subordinate to or part of a principal use in the same facility and serving a use incidental to such principal use only in dance and fitness studios, a nail salon, as a service ancillary thereto when provided by a massage therapist with a valid permit under Chapter 5.36. Accessory uses shall comply with the requirements set forth in Chapter 17.42, Accessory Structures.

B.    In no instance shall advertising, signs, or any other display relating to the availability of massage services be visible from the exterior of the building. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

17.34.080 Commercial design guidelines.

The commercial design guidelines in Appendix B are not a mandatory part of the zoning ordinance. The guidelines may, however, be imposed as conditions of approval, provided the applicable approval process allows for conditions to be imposed. Their primary purpose is to serve as a guide during the review, including design review, of a proposed development. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

17.34.090 Neighborhood commercial centers.

Neighborhood commercial centers are encouraged by the general plan at particular locations near primary street intersections in all overlay districts, except the Giant Trade Center Business Park district. Neighborhood centers are intended to meet the daily needs of the immediate population, including but not limited to housing, grocery and convenience stores, salons, offices, food and beverage sales, drugstores, dry cleaners, banks, community and cultural facilities, and recreation. Development incentives for the creation of mixed-use neighborhood commercial centers are contained in Section 17.34.100, FAR development incentives. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

17.34.100 FAR development incentives.

A.    FAR Increase. Properties within commercial districts or commercial projects, regardless of location, may be developed at a FAR of up to 0.75, if one or more of the following conditions are met:

1.    The project provides public amenities and facility improvements such as open space and multiple (mixed) uses which serve to distinguish the development area as unique, consistent with the general plan;

2.    The project incorporates feasible shared parking with adjacent or nearby development; or

3.    The project consolidates parcels to facilitate efficient development, parking, access, and landscaping.

B.    Use Permit Required. Any increase in FAR pursuant to subsection A of this section must be approved by a use permit. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

17.34.110 Mixed-use design guidelines.

The mixed-use design guidelines in Appendix D are not a mandatory part of the zoning ordinance. The guidelines may, however, be imposed as conditions of approval, provided the applicable approval process allows for conditions to be imposed. These guidelines are intended to encourage higher-quality, complementary mixed uses, unique design features, and pedestrian amenities, consistent with the general plan. They are designed to be used in conjunction with the design guidelines for residential, commercial, and industrial development. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

17.34.120 Industrial design guidelines.

The industrial design guidelines in Appendix C are not a mandatory part of the zoning ordinance. The guidelines may, however, be imposed as conditions of approval, provided the applicable approval process allows for conditions to be imposed. Their primary purpose is to serve as a guide during the review, including design review, of a proposed development. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)