Chapter 24.10 LAND USE DISTRICTS

R-S	Residential Suburban District
R-1	Single-Family Residence District
R-L	Multiple Residence – Low-Density District
R-M	Multiple Residence – Medium-Density District
R-H	Multiple Residence – High-Density District
R-T	Tourist Residential District
R-T(A)	Subdistrict A – Medium-Density District
R-T(B)	Subdistrict B – Motel Residential
R-T(B)/ PER	Motel Residential Performance District
R-T(C)	Subdistrict C – Beach Commercial
R-T(C)/ PER	Subdistrict C – Beach Commercial/Performance Overlay District
R-T(D)	Subdistrict D – Beach Residential
R-T(E)	Subdistrict E – Beach Medium/High Residential
C-C	Community Commercial District
C-T	Thoroughfare Commercial District
C-N	Neighborhood Commercial District
C-B	Beach Commercial District
P-A	Professional and Administrative Office District
SC-H	Small Craft Harbor District
C-D/R	Coastal Dependent/Related District
I-G	General Industrial District
I-G/PER	General Industrial District/Performance Overlay Zone
I-G/PER 2	General Industrial District/Performance District
PK	Parks District
PF	Public Facilities District
E-A	Exclusive Agricultural District
OF-R	Ocean Front (Recreational) District
F-P	Floodplain District
H-O	Historic Overlay District
CBD	Central Business District
CBD(E)	CBD Subdistrict E – Lower Pacific Avenue
SP-O	Shoreline Protection Overlay District
CZ-O	Coastal Zone Overlay District
MX-O	Mixed Use Overlay District
FP-O	Floodplain Overlay District
CON	Neighborhood Conservation Overlay District
WCD	West Cliff Drive Overlay District
MS-O	Mission Street Urban Design Plan Overlay District

(Ord. 2016-12 § 1, 2016: Ord. 2002-17 § 1 (part), 2002: Ord. 2000-27 §4, 2000: Ord. 94-33 § 26, 1994: Ord. 85-05 § 1 (part), 1985).

24.10.020 PLANNED DEVELOPMENT.

In any zone, any use or combination of uses may be permitted, subject to approval of a planned development permit, pursuant to the provisions of Part 8, Chapter 24.08.

(Ord. 85-05 § 1 (part), 1985).

24.10.030 SUBDISTRICT DESIGNATION.

Each of the districts designated herein shall be subject to further designation into subdistricts, such as R-1-10, R-1-7, R-1-5, etc.; when so designated, the regulations governing the uses within such subdistricts shall be made a part of this title; and such designations shall be indicated as districts on the zoning map.

(Ord. 85-05 § 1 (part), 1985).

24.10.040 OVERLAY DISTRICTS.

Overlay districts may be combined with any zoning district provided for in this title. The overlay district designation shall be shown on the zoning map in addition to the underlying zone designation. All developments within such districts so designated shall be subject to the provisions of both the underlying and the overlay district. Where provisions are in conflict, the more restrictive provisions shall apply.

(Ord. 85-05 § 1 (part), 1985).

24.10.050 ANNEXATION OF TERRITORY.

Prior to all proposed annexations, proposed annexed lands shall be subject to prezoning provisions as set forth in Chapter 24.06 of this title.

(Ord. 85-05 § 1 (part), 1985).

Part 2: APPLICATION OF REGULATIONS TO DISTRICTS GENERALLY

24.10.100 CAPACITY OR USE INTENSITY.

No structure, or part thereof, shall be erected, altered, or enlarged, so as to increase in capacity or use intensity, nor shall any land, building, structure, or premises be used, designated, or intended to be used for any purpose or in any manner other than as prescribed hereinafter in the district in which said building, land, or premises is located. However, departure from strict application of district regulations may be allowed through an approved variance or planned development permit.

(Ord. 85-05 § 1 (part), 1985).

24.10.105 SUBSTANDARD LOTS OF RECORD.

In any district for which a minimum lot area is established, a substandard lot of record, having less than the required area and/or width, may be used for a use permitted in the district in which it is located according to procedures set forth in Sections 24.10.351 and 24.12.110, subsection (4.) of this title.

(Ord. 90-15 § 6, 1990).

24.10.110 HEIGHT LIMIT.

No structure, or part thereof, shall be erected, reconstructed, or structurally altered to exceed in height the limit hereinafter designated for the district in which such building is located.

(Ord. 85-05 § 1 (part), 1985).

24.10.120 YARD, BUILDING SITE AREA, BUILDING LOCATION.

Except as provided in Part 2, Chapter 24.12 (General Site Design Standards), no structure, or part thereof, shall be erected nor shall any existing building be altered, enlarged, or rebuilt, or moved into any district, nor shall any required open space be encroached upon or reduced in any manner, except in conformity with the yard, building site area, and building location regulations hereinafter designated for the district in which such building or open space is located. However, departure from strict application of district regulations may be allowed through an approved variance or planned development permit.

(Ord. 85-05 § 1 (part), 1985).

24.10.130 YARD OR OPEN SPACE LIMITATIONS.

No yard or other open space provided about any building for the purpose of complying with provisions of this title shall be considered as providing a yard or open space for any other building; and no yard or other open space on one building site shall be considered as providing a yard or open space for a building on any other building site.

(Ord. 85-05 § 1 (part), 1985).

24.10.140 CONDUCT OF COMMERCIAL ACTIVITIES.

In all districts, merchandise storage, display or sales areas shall be wholly within a completely enclosed building or structure, except as otherwise provided in Section 24.12.190, Outdoor storage, display or sale of merchandise, of this title.

(Ord. 85-05 § 1 (part), 1985).

24.10.150 DEVELOPMENT ON KNOWN ARCHAEOLOGICAL SITES.

No permit for any earth-disturbing activity shall be issued on parcels identified by resolution of the city council as containing known cultural or archaeological resources, without the owner first obtaining an administrative use permit. The administrative use permit shall be conditioned with appropriate archaeological survey and mitigation procedures such as those prescribed in the Cultural Resources Element of the General Plan and the Local Coastal Implementation Plan.

(Ord. 94-33 § 27, 1994: Ord. 85-05 § 1 (part), 1985).

24.10.160 HOME OCCUPATION REGULATIONS.

1. Intent. The discretionary approval of a home occupation is intended to allow for home enterprises that are clearly incidental and secondary to the use of the dwelling unit and compatible with surrounding residential uses. A home occupation allows for the gainful employment in the home by any occupant of a dwelling so long as the enterprise does not require frequent customer access or have associated characteristics which would reduce the surrounding residents’ enjoyment of their neighborhood.

2. General. A home occupation shall be operated and maintained only by a resident of the dwelling unit in which it occurs; shall employ no more than one person at the residence or the property other than the members of the resident family or household; shall not change the residential character of the dwelling units; and shall not generate a vehicular traffic increase of more than eight round trips per day, including deliveries and clients. Residents who are performing job duties at home for a company or other entity located elsewhere are not considered to have a home occupation unless they are classified by their employer(s) as independent contractors.

3. Restrictions. A home occupation shall not involve:

a. The use of an area greater than four hundred square feet;

b. The use of any required front or exterior side yard area or setback area, nor the use of any required covered or uncovered on-site parking space;

c. Storage or use of hazardous or unsanitary materials;

d. Creation of noise levels exceeding the standards of this title and/or other nuisance factors inconsistent with Chapter 24.14, Part 2: Performance Standards;

e. Auto/truck/motorcycle/motor boat repair except vehicle repair that is in compliance with the requirements and standards of Section 24.12.1200;

f. The placement of a sign advertising the business.

4. Permits Required. A zoning clearance and business license shall be required, except for small and large family daycare homes within residential units, which are exempt from local regulations.

(Ord. 2022-18 § 12, 2022; Ord. 2020-23 § 4, 2020: Ord. 2016-12 § 2, 2016: Ord. 99-09 § 1, 1999: Ord. 88-23 § 1, 1988: Ord. 85-05 § 1 (part), 1985).

24.10.165 Repealed by Ord. 2016-12 § 3.

24.10.170 Repealed by Ord. 2016-12 § 4.

24.10.180 FIVE-DAY USE PERMITS.

The zoning administrator is authorized to issue short-term permits effective for a period not to exceed five days. The zoning administrator may issue such permits without a public hearing. The zoning administrator’s decision may be appealed to the planning director within a three-day period.

In approving a five-day permit, it shall be determined by the zoning administrator that the proposed use:

1. Will not constitute a nuisance or be detrimental to the public welfare of the community; and

2. That any additional conditions stipulated as necessary in the public interest have been imposed.

(Ord. 88-27 § 1, 1988).

24.10.190 Recodified to Section 24.08.1325 by Ord. 2016-12 § 5.

Part 3: R-S RESIDENTIAL SUBURBAN DISTRICT

24.10.200 PURPOSE.

To provide a residential living area within the city which allows low residential densities and provides a transition to rural areas which adjoin portions of the city. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 2022-19 § 8, 2022; Ord. 94-33 § 28, 1994: Ord. 85-05 § 1 (part), 1985).

24.10.210 PRINCIPAL PERMITTED USES.

1. Single-family dwelling.

2. Community care facilities including daycare (except family daycare homes) and foster home (six or fewer persons).

3. Crop and tree farming and grazing lands.

4. Small and large family daycare homes in residential units.

5. Community garden.

6. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.

a. Home occupations subject to home occupation regulations as provided in Section 24.10.160.

b. Room and board for not more than two paying guests per dwelling unit, when located within principal building.

c. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures, and Section 24.10.230.

d. Living quarters for persons regularly employed on the premises, when located within principal building.

7. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2.

8. Supportive and transitional housing in single-family dwellings.

(Ord. 2022-19 § 8, 2022; Ord. 2016-11 § 9, 2016: Ord. 2003-17 § 3 (part), 2003; Ord. 2003-16 § 3 (part), 2003: Ord. 96-39 § 3, 1996: Ord. 93-19 § 1, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.220 RESERVED.*

* Editor’s Note: Former Section 24.10.220, Accessory Uses, previously codified herein and containing portions of Ords. 85-66 and 88-60, was repealed in its entirety by Ord. 93-19 § 2, 4-27-93. For accessory uses see Section 24.10.210.

24.10.230 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

a. Family animal farm.

b. Temporary structures and uses.

c. Young farmer projects on sites of twenty thousand square feet or more on which a child may be permitted to raise one kid, lamb, or calf for a one-year period.

d. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.

e. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses are subject to approval of a special use permit and a design permit:

a. Bed-and-breakfast inns, subject to requirements contained in Chapter 24.12, Part 9.

b. Community care facilities including daycare (except family daycare homes) and retirement homes (seven or more persons).

c. Off-street parking facilities accessory to a contiguous commercial property not to exceed one hundred feet from the boundary of the site it is intended to serve.

d. Plant nurseries and greenhouses.

e. Noncommercial recreation areas, buildings and facilities such as parks, country clubs, golf courses, and riding, swimming and tennis clubs.

f. Educational, religious, cultural, or public utility or public service buildings and uses; but not including corporation yards, storage or repair yards, and warehouses.

g. Riding stables on parcels at least five acres in size for the boarding of horses to serve the neighborhood.

(Ord. 2022-19 § 8, 2022; Ord. 2019-03 § 2, 2019; Ord. 2016-11 § 10, 2016: Ord. 2003-17 § 3 (part), 2003; Ord. 2003-16 § 3 (part), 2003: Ord. 2002-25 § 3, 2002: Ord. 93-19 § 3, 1993; Ord. 88-60 § 3, 1988; Ord. 88-25 § 1, 1988; Ord. 85-66 § 2, 1985: Ord. 85-05 § 1 (part), 1985).

24.10.240 USE DETERMINATIONS.

Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing principal permitted uses, and which will not impair the present or potential use of adjacent properties, shall be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.

(Ord. 2022-19 § 8, 2022; Ord. 85-05 § 1 (part), 1985).

24.10.250 DISTRICT REGULATIONS.

1. General.

Provision	Classification or Type of Use
	Single-Family Residential
	RS-10A	RS-5A	RS-2A	RS-1A
a. Height of Buildings (Maximum)
• Principal: (stories and feet)	2 & 30	2 & 30	2 & 30	2 & 30
• Accessory: (stories and feet)	1 & 20	1 & 20	1 & 20	1 & 20
b. Lot area (acre)	10 acres	5 acres	2 acres	1 acre
c. Lot width (feet)	250	200	150	100
d. Front yard (feet)	40*	40*	40*	40*
e. Rear yard (feet)	30	30	30	30
f. Side yards (feet)	25	20*	20*	15*

* For any attached or detached garage or carport with doors or entrances fronting on a front or exterior side property line, the setback shall be a minimum of twenty feet from said property line or the setback required for the district, whichever is greater.

2. Dwellings per Lot. Unless otherwise provided, there shall be only one dwelling per lot.

3. Design Guidelines. Development guidelines adopted by the city shall be used as applicable to provide site design standards to augment the general district regulations in the development of property in this district.

4. The minimum distance between buildings on the same lot shall be ten feet between main buildings; six feet between main buildings and accessory buildings, including accessory dwelling units; and six feet between accessory buildings.

(Ord. 2022-19 § 8, 2022; Ord. 2016-11 § 11, 2016: Ord. 99-04 § 1, 1999: Ord. 93-28 § 1, 1993; Ord. 88-24 § 1, 1988: Ord. 85-05 § 1 (part), 1985).

Part 4: R-1 SINGLE-FAMILY RESIDENCE DISTRICT

24.10.300 PURPOSE.

To stabilize and protect the residential characteristics of the district, and to promote and encourage a suitable environment for family life and single persons; and intended for single-family detached dwellings and the services appurtenant thereto. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan. Please also see Part 42, Sections 24.10.4200 et al. for properties within the West Cliff Drive Overlay District. Please also see Section 24.08.440 for substandard lots and Section 24.08.450 for large home developments.

(Ord. 2022-19 § 9, 2022; Ord. 2000-27 § 5, 2000: Ord. 94-33 § 29, 1994: Ord. 93-19 § 4, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.310 PRINCIPAL PERMITTED USES.

1. Single-family dwelling.

2. Community care facilities including daycare (except family daycare homes) and foster homes (six or fewer persons).

3. Small and large family daycare homes in residential units.

4. Community garden.

5. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.

a. Home occupations subject to home occupation regulations as provided in Section 24.10.160.

b. Room and board for not more than two paying guests per dwelling unit, when located within principal building.

c. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures, and Section 24.10.330.

6. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2.

7. Supportive and transitional housing in single-family dwellings.

(Ord. 2022-19 § 9, 2022; Ord. 2016-11 § 12, 2016: Ord. 2003-17 § 4 (part), 2003; Ord. 2003-16 § 3 (part), 2003: Ord. 96-39 § 4, 1996: Ord. 93-19 § 5, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.320 Repealed by Ord. 93-19 § 6.*

* Editor’s Note: Former Section 24.10.320, Accessory uses, previously codified herein and containing portions of Ords. 85-66 and 88-60, was repealed in its entirety by Ord. 93-19 § 6, 4-27-93.

24.10.330 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

a. Family animal farm.

b. Temporary structures and uses.

c. Young farmer projects on sites of twenty thousand square feet or more on which a child may be permitted to raise one kid, lamb, or calf for a one-year period.

d. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.

e. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:

a. Bed-and-breakfast inns, subject to requirements contained in Chapter 24.12, Part 9.

b. Community care facilities including nursing homes, retirement homes, daycare (except family daycare homes) and foster homes (seven or more persons).

c. Health facilities for inpatient and outpatient psychiatric care and treatment.

d. Off-street parking facilities accessory to a contiguous commercial property not to exceed one hundred feet from the boundary of the site they are intended to serve.

e. Plant nurseries and greenhouses.

f. Noncommercial recreation areas, buildings and facilities such as parks, country clubs, golf courses, and riding, swimming and tennis clubs.

g. Educational, religious, cultural, or public utility or public service uses and buildings; but not including corporation yards, storage or repair yards, and warehouses.

h. Two-family dwellings (duplexes) on corner lots having an area of seven thousand five hundred square feet or more, and subject to the following limitations:

(1) Such duplexes shall maintain at least two thousand square feet of usable open space, one thousand square feet of which shall be directly accessible to each unit within the duplex;

(2) Setbacks from the street shall be the same as for a single-family dwelling, i.e., the setback from one street shall be considered a front yard setback and the setback from the other street shall be considered an exterior side yard setback; however, garages or carports shall have a minimum setback of twenty feet from the property line to the vehicle entrance of the structure.

i. Riding stables on parcels at least five acres in size for the boarding of horses to serve the neighborhood.

(Ord. 2022-19 § 9, 2022; Ord. 2020-22 § 10, 2020; Ord. 2019-03 § 3, 2019; Ord. 2016-11 § 13, 2016: Ord. 2003-17 § 4 (part), 2003; Ord. 2003-16 § 4 (part), 2003: Ord. 2002-25 § 4, 2002: Ord. 93-19 § 7, 1993; Ord. 88-60 § 5, 1988; Ord. 88-25 § 2, 1988; Ord. 85-66 § 4, 1986: Ord. 85-05 § 1 (part), 1985).

24.10.340 USE DETERMINATION.

(Ord. 2022-19 § 9, 2022; Ord. 85-05 § 1 (part), 1985).

24.10.350 DISTRICT REGULATIONS.

1. General.

	Classification or Type of Use
	Single-Family Residential
Provision	R-1-10	R-1-7	R-1-5
a. Height of Buildings (Maximum)
• Principal: (stories and feet)	2 1/2 & 30	2 1/2 & 30	2 1/2 & 30
• Accessory: (stories and feet)	1 & 15	1 & 15	1 & 15
• Single-story structure	1 & 19	N/A	N/A
b. Minimum lot area (net) (square feet)	10,000	7,000	5,000
c. Minimum lot width (feet)	70	70	50
d. Front yard (feet)	25*	20*	20*
e. Rear yard (feet)	30	25	20
f. One side yard (feet)	10	7*	5*
g. Both side yards – total
• Interior lot (feet)	20	14	10
• Exterior lot (feet)	22	16	13
h. Exterior side yard or end (feet)	12*	9*	8*
i. Maximum building area without design permit	4,000 (See Section 24.08.450 for findings)	3,500	3,000

2. Dwellings per Lot. Unless otherwise provided, there shall be only one dwelling per lot.

3. The minimum distance between buildings on the same lot shall be ten feet between main buildings; six feet between main buildings and accessory buildings including accessory dwelling units; and six feet between accessory buildings.

4. Other Requirements. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Chapter 24.12, Part 2, and Chapter 24.16, Part 2, Accessory Dwelling Units.

(Ord. 2022-19 § 9, 2022; Ord. 2016-11 § 14, 2016: Ord. 99-04 § 2, 1999: Ord. 93-19 § 8, 1993; Ord. 89-20 § 1, 1989; Ord. 88-24 § 2, 1988: Ord. 85-05 § 1 (part), 1985).

24.10.351 SUBSTANDARD R-1 LOT DEVELOPMENT REQUIREMENTS AND REGULATIONS.

1. Two or more vacant, contiguous lots in the R-1, Single-Family Residential District which are each less than fifty feet in width, and which are under common ownership, shall not constitute or be deemed a lawful site for building purposes, unless they are combined to be made conforming with respect to width, or an administrative use permit is obtained for a single-family dwelling for each lot, or unless they are combined and developed as described in subsection (1)(c).

a. Where such lots are combined to meet the lot width requirement of an R-1 District (fifty feet in the R-1-5 District, seventy feet in the R-1-7 and R-1-10 Districts), the resultant lot may be used as a building site as provided by this title.

b. Lots as described above may be used as a building site for single-family dwellings upon approval of an administrative use permit for each lot.

c. Combined lots may be used as a building site for a duplex, triplex, or a series of duplexes and/or triplexes. The total number of units shall not exceed the original number of lots combined. Findings for approval of a use permit and design permit shall be required.

(1) Where any existing lot prior to combination is less than thirty-five feet wide, a special use permit shall be required.

(2) Where any existing lot prior to combination is between thirty-five feet and fifty feet wide, an administrative use permit shall be required.

2. The maximum height of structures on lots of thirty-five feet or less in width shall be twenty-two feet.

(Ord. 2022-19 § 9, 2022; Ord. 85-05 § 1 (part), 1985).

Part 5: R-L MULTIPLE RESIDENCE – LOW-DENSITY DISTRICT

24.10.400 PURPOSE.

To promote the development of multifamily townhouses, condominiums and apartments at a low to medium density of 10.1 to twenty-seven units per acre, depending on unit mix; to stabilize and protect the residential characteristics of the district and to promote and encourage a suitable environment for the lives of families and single persons. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 2022-19 § 10, 2022; Ord. 96-37 § 1 (part), 1996: Ord. 94-33 § 30, 1994: Ord. 93-19 § 9, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.410 PRINCIPAL PERMITTED USES.

The following uses are permitted outright if a design permit is obtained for new structures and environmental review is conducted in accordance with city and state guidelines. Design permits are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses.)

1. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structure(s). (830, 840)

2. Community care facilities including daycare (except family daycare homes), retirement homes and foster homes (six or fewer).

3. Small and large family daycare homes in residential units.

4. Two-family dwellings, subject to the density requirements in the General Plan.

5. Community garden.

6. Single-family dwellings, subject to the density requirements in the General Plan.

7. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.

a. Home occupations subject to home occupation regulations as provided in Section 24.10.160.

b. Park and recreational facilities.

c. Room and board for not more than two paying guests per dwelling unit, when located within principal building.

d. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures, and Section 24.10.430.

8. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit.

9. Supportive and transitional housing.

(Ord. 2022-19 § 10, 2022; Ord. 2020-22 § 11, 2020; Ord. 2019-03 § 4, 2019; Ord. 2016-11 § 15, 2016: Ord. 2005-15 § 1, 2005: Ord. 2003-17 § 5 (part), 2003; Ord. 2003-16 § 5 (part), 2003: Ord. 96-39 § 5, 1996: Ord. 93-19 § 9, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.420 Repealed by Ord. 93-19 § 9.*

* Editor’s Note: Former Section 24.10.420, Accessory uses, previously codified herein and containing portions of Ords. 85-66 and 88-60, was repealed in its entirety by Ord. 93-19 § 9, 1993. See Section 24.10.410 for accessory uses.

24.10.430 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

a. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.

b. Temporary structures and uses.

c. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:

a. Bed-and-breakfast inns, subject to requirements in Chapter 24.12, Part 9.

b. Community care facilities including daycare (except family daycare homes), retirement home, foster home, and nursing home (seven or more persons).

c. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2, except that accessory dwelling units are not subject to approval of a design permit unless located on a substandard lot as defined in Section 24.22.520.

d. Dormitories, fraternity/sorority residence halls, boardinghouses.

e. Health facilities for inpatient and outpatient psychiatric care and treatment.

f. Off-street parking facilities accessory to a contiguous commercial property not to exceed one hundred feet from the boundary of the site it is intended to serve.

g. Noncommercial recreation areas, buildings, and facilities such as parks, country clubs, golf courses, and riding, swimming and tennis clubs.

h. Educational, religious, cultural, public utility or public service buildings and uses; but not including corporation yards, storage or repair yards, and warehouses.

i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.

(Ord. 2022-19 § 10, 2022; Ord. 2019-03 § 5, 2019; Ord. 2016-11 § 16, 2016: Ord. 2003-17 § 5 (part), 2003; Ord. 2003-16 § 5 (part), 2003: Ord. 2002-25 § 5, 2002: Ord. 93-19 § 9, 1993; Ord. 88-60 § 7, 1988; Ord. 88-25 § 3, 1988; Ord. 85-66 § 6, 1985: Ord. 85-05 § 1 (part), 1985).

24.10.440 USE DETERMINATION.

(Ord. 2022-19 § 10, 2022; Ord. 93-19 § 9, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.450 DISTRICT REGULATIONS.

1. General.

Provision		Dwelling Unit Type
Provision		Single-Family Detached	2 or More Units
a.	Maximum height of buildings
	• Principal (feet)	30	30
	• Accessory (stories and feet)	1 and 15	1 and 15
b.	Minimum lot area (net) (square feet)	5,000	5,500
c.	Minimum lot area per dwelling unit (net) (square feet)		2,200 (1,600 sq. ft. for 1-bedroom/studios)
d.	Minimum lot width (feet)	50	50
e.	Usable open space per dwelling unit (square feet)	–	400

2. Setback Requirements.

a. The minimum front yard setback shall be fifteen feet except that the front yard may be reduced to not less than ten feet for a portion not to exceed fifty percent of the building frontage, and providing that a total of fifteen square feet of front yard is provided for each lineal foot of total lot frontage.

b. The minimum rear yard setback shall be ten feet.

c. The minimum side yard setback shall be five feet, and five additional feet of setback for each story above the second story.

(1) There shall be no side yard required for townhouses on interior lots, except there shall be a minimum side yard setback at the interior end of a townhouse group of five feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.

(2) The minimum exterior side yard setback shall be eight feet, and five additional feet of setback for each additional story above the second story.

d. For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line.

e. Minimum Distance Between Buildings on the Same Lot. Between main buildings, including accessory dwelling units, six feet or one foot of setback for each two feet of height of the tallest building, or portions thereof, whichever is greater; between main buildings and accessory buildings, six feet; between accessory buildings, six feet.

f. An existing accessory building built prior to July 1, 2014, with a valid building permit or which is a legal nonconforming structure, that has less than the required side or rear yard setback(s) may be converted into a dwelling unit to create a second unit or duplex on a property if all the requirements of the California Building Standards Code are met as well as the other development standards of the zoning district. The floor area for said second unit shall not exceed ten percent of the net lot area up to a maximum of eight hundred square feet. If additional units are allowed on the property, all such units shall meet development standards of the zoning district.

3. Other Requirements. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Chapter 24.12, Part 2, and Chapter 24.16, Part 2, Accessory Dwelling Units.

4. All new development adjacent to a “CON – Neighborhood Conservation District” Overlay Zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.

(Ord. 2022-19 § 10, 2022; Ord. 2016-11 § 17, 2016: Ord. 2015-11 §§ 4, 12, 23, 2015; Ord. 2000-18 § 12 (part), 2000: Ord. 99-04 § 3, 1999: Ord. 96-37 § 1 (part), 1996: Ord. 93-19 § 9, 1993; Ord. 89-39 § 2, 1989; Ord. 88-24 § 4, 1988: Ord. 85-05 § 1 (part), 1985).

Part 6: R-M MULTIPLE RESIDENCE – MEDIUM-DENSITY DISTRICT

24.10.500 PURPOSE.

To promote the development of multifamily townhouses, condominiums and apartments at a medium residential density of 20.1 to forty units per acre depending on unit mix; to stabilize and protect the residential characteristics of the district; and to promote a suitable environment for the lives of families and single persons. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 2022-19 § 11, 2022; Ord. 96-37 § 2 (part), 1996: Ord. 94-33 § 31, 1994: Ord. 93-19 § 10, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.510 PRINCIPAL PERMITTED USES.

1. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures. (830, 840)

2. Community care facilities including daycare (except family daycare homes), foster home, and retirement home (six or fewer persons).

3. Community garden.

4. Small and large family daycare homes in residential units.

5. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.

a. Park and recreational facilities.

b. Home occupations subject to home occupation regulations as provided in Section 24.10.160.

c. Room and board for not more than two paying guests per dwelling unit, when located within principal building.

d. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures, and Section 24.10.530.

6. Supportive and transitional housing.

7. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit.

(Ord. 2022-19 § 11, 2022; Ord. 2021-15 § 2, 2021; Ord. 2020-22 § 12, 2020; Ord. 2019-03 § 6, 2019; Ord. 2016-11 § 18, 2016: Ord. 2005-15 § 2, 2005: Ord. 96-39 § 6, 1996: Ord. 93-19 § 10, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.520 Repealed by Ord. 93-19 § 10.

* Editor’s Note: Former Section 24.10.520, Accessory uses, previously codified herein and containing portions of Ords. 85-66 and 88-60, was repealed in its entirety by Ord. 93-19 § 10, 4-27-93. See Section 24.10.510 for accessory uses.

24.10.530 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

a. Expansion of an existing single-family dwelling if the lot area is six thousand square feet or less.

b. Two-family dwelling if the lot area exceeds five thousand five hundred square feet.

c. Temporary structures and uses.

d. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.

e. Single-family dwellings on substandard lots.

f. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:

a. Bed-and-breakfast inns, subject to requirements contained in Part 9, Chapter 24.12.

b. Community care facilities (seven or more persons) including daycare (other than family daycare homes), foster home, nursing home, retirement home.

c. Dormitories, fraternity/sorority residence halls, boardinghouses.

d. Health facilities for inpatient and outpatient psychiatric care and treatment.

e. Off-street parking facilities accessory to a contiguous commercial property not to exceed one hundred feet from the boundary of the site they are intended to serve.

f. Noncommercial recreation areas and facilities such as parks, country clubs, golf courses, and riding, swimming and tennis clubs.

g. Educational, religious, cultural, public utility or public service buildings or uses; and not including corporation yards, storage or repair yards, and warehouses.

h. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.

(Ord. 2022-19 § 11, 2022; Ord. 93-19 § 10, 1993; Ord. 88-60 § 9, 1988; Ord. 88-25 § 4, 1988; Ord. 85-66 § 8, 1985: Ord. 85-05 § 1 (part), 1985).

24.10.540 USE DETERMINATION.

(Ord. 2022-19 § 11, 2022; Ord. 93-19 § 10, 1993: Ord. 85-05 § 1 (part), 1985)

24.10.550 DISTRICT REGULATIONS.

1. General.

Provision	Dwelling Type
Provision	Duplex	3 or More Units
Maximum Height of Buildings
Principal (feet)	30	35
Accessory (stories and feet)	1 and 15	1 and 15
Minimum lot area (net) (square feet)	4,400	5,500
Minimum lot area (net) per dwelling unit (square feet)	2,200	1,450 (1,100 sq. ft. for 1-bedroom/studios)
Minimum lot width (feet)	50	65
Usable open space per dwelling unit (square feet)	–	400
Usable open space per dwelling unit (square feet)		200 (1-bedroom/studios)*
	* Open space shall be attached or aggregated in a manner that provides usable open space for all units exclusive of setbacks and other small landscape areas less than 10 feet in width. ** Existing lots of 5,500 square feet or greater with a minimum lot width of 50 feet may have 3 or more units if all other RM development standards can be met.

2. Setback Requirements.

a. The minimum front yard setback shall be fifteen feet, except that the front yard may be reduced to not less than six feet for a portion not to exceed fifty percent of the building frontage, providing that a total of ten square feet of front yard is provided for each lineal foot of total lot frontage. Such reduction of front yard depth shall not be permitted on a corner lot, within twelve feet of any side street lot line.

b. The minimum rear setback shall be ten feet, and five additional feet of setback for each story above the second story.

c. The minimum side yard setback shall be five feet, and five additional feet of setback for each story above the second story.

d. There shall be no side yard required for townhouses, or interior lots, except there shall be a minimum side yard setback at the interior end of a townhouse group of five feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.

e. The minimum exterior side yard setback shall be eight feet, and five additional feet of setback for each additional story above the second story.

f. Minimum Distance Between Buildings on the Same Lot. Between main buildings, six feet or one foot of setback for each two feet of height of the tallest building, or portions thereof, whichever is greater; between main buildings and accessory buildings, six feet; between accessory buildings, six feet.

g. For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line.

h. An existing accessory building built prior to July 1, 2014, with a valid building permit or which is a legal nonconforming structure, that has less than the required side or rear yard setback(s) may be converted into a dwelling unit to create a second unit or duplex on a property if all the requirements of the California Building Standards Code are met as well as the other development standards of the zoning district. The floor area for said second unit shall not exceed ten percent of the net lot area up to a maximum of eight hundred square feet. If additional units are allowed on the property, all such units shall meet development standards of the zoning district.

3. Other Requirements. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12.

(Ord. 2022-19 § 11, 2022; Ord. 2015-11 §§ 5, 13, 24, 2015; Ord. 2000-18 § 12 (part), 2000: Ord. 99-04 § 4, 1999: Ord. 96-37 § 2 (part), 1996: Ord. 93-19 § 10, 1993; Ord. 88-24 § 4, 1988: Ord. 85-05 § 1 (part), 1985).

Part 6A: R-H MULTIPLE RESIDENCE – HIGH-DENSITY DISTRICT

24.10.560 PURPOSE.

To promote the development of multifamily apartments, townhouses and condominiums at a high residential density of 30.1 to fifty-five units per acre in order to increase the supply of affordable and rental housing, and provide new market rate infill housing opportunities. This district provides a suitable environment for higher density households. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 2022-19 § 12, 2022; Ord. 2000-18 § 6 (part), 2000: Ord. 96-36 § 1 (part), 1996).

24.10.565 PRINCIPAL PERMITTED USES.

The following uses are permitted subject to a design permit for new structures in compliance with the Beach and South of Laurel Design Guidelines and other requirements of the municipal code. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses.) Design permits are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height. Environmental review must be conducted in accordance with city and state guidelines:

1. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures. (830, 840)

2. Small community care residential facilities including daycare (except family daycare homes), foster homes, and retirement homes, with six or fewer persons. (800A)

3. Small and large family daycare homes in residential units.

4. Supportive and transitional housing.

5. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit.

(Ord. 2022-19 § 12, 2022; Ord. 2021-15 § 3, 2021; Ord. 2020-22 § 13, 2020; Ord. 2019-03 § 7, 2019; Ord. 2016-11 § 19, 2016: Ord. 2005-15 § 3, 2005: Ord. 2000-18 § 6 (part), 2000: Ord. 96-36 § 1 (part), 1996).

24.10.570 ACCESSORY USES.

Accessory uses are principally permitted subject to a design permit when they are a subordinate use to the principal use of the lot. Design permits are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height.

1. Garages and parking areas, private;

2. Home occupations subject to home occupancy regulations as provided in Section 24.10.160;

3. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Sections 24.10.575 and 24.12.140.

(Ord. 2022-19 § 12, 2022; Ord. 2020-22 § 14, 2020; Ord. 2000-18 § 6 (part), 2000: Ord. 96-36 § 1 (part), 1996).

24.10.575 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410 in compliance with the Beach and South of Laurel Design Guidelines and other requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

a. Expansion of any existing single-family dwelling; (800)

b. Two-family dwelling if the lot area allows only two. New single-family development is not permitted; (810)

c. Temporary structures and uses;

d. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;

e. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses are subject to approval of a special use permit and a design permit in compliance with the Beach and South of Laurel Design Guidelines and other requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

a. Bed-and-breakfast inns subject to requirements contained in Chapter 24.12, Part 9; (300c)

b. Community care facilities including daycare (except family daycare homes), foster homes, nursing and retirement homes for seven or more persons; (850e)

c. Health facilities for in-patient and out-patient psychiatric care and treatment; (410b)

d. Off-street parking facilities accessory and incidental to a contiguous commercial property with said parking not to exceed one hundred feet from the boundary of the site it is intended to serve; (930)

e. Public and private noncommercial recreation areas, buildings, and facilities such as parks; (710)

f. Public and quasi-public buildings and uses including recreational, educational, religious, cultural, public utility or public service uses; but not including corporation yards, storage or repair yards, and warehouses; (500, 510, 530, 540)

g. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit. (570)

(Ord. 2022-19 § 12, 2022; Ord. 2016-11 § 20, 2016: Ord. 2002-02 § 2, 2002: Ord. 2000-18 § 6 (part), 2000: Ord. 96-36 § 1 (part), 1996).

24.10.580 USE DETERMINATION.

(Ord. 2022-19 § 12, 2022; Ord. 2000-18 § 6 (part), 2000: Ord. 96-36 § 1 (part), 1996).

24.10.585 DISTRICT REGULATIONS.

1. General.

Provision		Dwelling Unit Type
Provision		Duplex	3 or More Units
a.	Maximum height of buildings
	• Principal (feet)	30	48
	• Accessory (stories and feet)	1 and 15	1 and 15
b.	Minimum lot area (net) (sq. ft.)	4,000	5,000
c.	Minimum lot area per dwelling unit (net) (sq. ft.)	2,000	790
d.	Minimum lot width (feet)	50	50
e.	Usable open space per dwelling unit (sq. ft.)	–	250
f.	Lot coverage	45%	70%

2. Setback Requirements.

a. The minimum front yard setback shall be fifteen feet or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater, except that the front yard may be reduced to not less than six feet for a portion not to exceed fifty percent of the building frontage, providing that a total of ten square feet of front yard is provided for each lineal foot of total lot frontage. Such reduction of front yard depth shall not be permitted on a corner lot, within twelve feet of any side street lot line. Setback requirements may not be reduced for those portions of buildings that are three stories or taller.

b. The minimum rear setback shall be ten feet, or one foot of setback for each three feet of height, or portion thereof, of structure, whichever is greater.

c. The minimum side yard setback shall be five feet, or one foot of setback for each three feet of height, or portion thereof, of structure, whichever is greater.

d. Where a parcel abuts a public right-of-way on opposite sides of the parcel, the front yard setback requirements shall apply to the major street and the rear yard setbacks shall apply to the secondary street; however, in the case of the rear yard setback, the setback shall not be less than the average of the two adjacent lots.

e. The minimum exterior side yard setback shall be eight feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.

g. For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line.

h. To preserve the view to Beach Hill down Front Street, the height of the first twenty-five feet of depth along Front Street shall be limited to twenty-four feet.

3. Design.

a. The site and building design shall conform to the General Site Design Standards, Part 2, Chapter 24.12, design guidelines of any applicable area plan, and Section 24.12.185, Objective design standards for multifamily development.

(Ord. 2022-19 § 12, 2022; Ord. 2015-11 §§ 6, 14, 2015; Ord. 2000-18 § 6 (part), 2000: Ord. 99-04 § 5, 1999: Ord. 96-36 § 1 (part), 1996).

24.10.590 FINDINGS REQUIRED.

In addition to required use and design permit findings, any development permit must also meet all the following findings, to the extent permitted by state law:

1. The amenity level of the development, the quality of the architecture, and the landscaping provided substantially enhance the site;

2. The bulk, massing, height, and rooflines of the proposed development are found to be consistent with the design criteria and add to the architectural quality of the neighborhood; and

3. The siting, landscaping, access, and design of the proposed development demonstrate a sensitive relationship to the San Lorenzo River and maximize the natural attributes of this riverside location.

(Ord. 2022-19 § 12, 2022; Ord. 2000-18 § 6 (part), 2000).

Part 7: R-T TOURIST RESIDENTIAL DISTRICT

24.10.600 PURPOSE.

The purpose of the R-T Tourist Residential District is to establish a zoning district to accommodate a mix of residential, motel, and commercial land uses and to preserve historical buildings and trees within the district. Recognizing this variety of land uses and the desire to utilize existing land uses, the R-T District is divided into five subdistricts: Medium-Density Residential, Motel Residential, Beach Commercial, Beach Residential, and High/Medium Density Residential. Each subdistrict is designed to ensure compatibility of uses, upgrade the area by ensuring a high quality of new developments, and promote a suitable environment for residential and tourist-oriented uses. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 2000-18 § 4 (part), 2000: Ord. 94-33 § 32, 1994: Ord. 85-05 § 1 (part), 1985).

24.10.601 Repealed by Ord. 2000-18 § 4.

Part 7A: R-T(A) SUBDISTRICT A – MEDIUM-DENSITY RESIDENTIAL

24.10.602 PURPOSE.

The purpose of Subdistrict A is to establish standards for medium-density residential uses which promote and protect the residential characteristics of the subdistrict and provide a suitable environment for its residents. To preserve the architectural and historic character of this subdistrict, all new development will be reviewed to ensure high-quality design compatible with surrounding residential uses, in compliance with the Beach Hill Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.

(Ord. 2022-19 § 13, 2022; Ord. 2000-18 § 4 (part), 2000: Ord. 85-05 § 1 (part), 1985).

24.10.603 PRINCIPAL PERMITTED USES.

1. The following uses may be subject to approval of a design permit per Section 24.08.410 and other requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

a. Duplexes. (810)

b. Small and large family daycare homes in residential units.

c. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures.

d. Supportive and transitional housing in single-family home or duplex.

e. Multiple dwellings, townhouse dwelling groups, and condominiums. (830)

2. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit.

(Ord. 2022-19 § 13, 2022; Ord. 2019-03 § 8, 2019; Ord. 2016-11 § 21, 2016: Ord. 2003-17 § 6 (part), 2003; Ord. 2003-16 § 6 (part), 2003: Ord. 2000-18 § 4 (part), 2000).

24.10.604 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410 and are also subject to all other requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

a. Single-family dwellings; (810)

b. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;

c. Supportive and transitional housing in multifamily dwellings;

d. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses are subject to approval of a special use permit and a design permit and other requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

a. Bed-and-breakfast inns, subject to the requirements contained in Chapter 24.12, Part 9; (300c)

b. Large community care facilities; (850e)

c. Group care homes; (850e)

d. Public and private commercial parking;

e. Public and private noncommercial recreation areas, buildings and facilities such as parks; (710)

f. Public and quasi-public buildings and uses including recreational, educational, religious, cultural or public utility or service nature; but not including corporation yards, storage or repair yards, and warehouses; (500, 510, 530, 540, 570)

g. Retirement homes or centers; (850b)

h. Supportive and transitional housing.

(Ord. 2022-19 § 13, 2022; Ord. 2019-03 § 9, 2019; Ord. 2016-11 § 22, 2016: Ord. 2005-15 § 4, 2005: Ord. 2003-17 § 6 (part), 2003; Ord. 2003-16 § 6 (part), 2003: Ord. 2002-25 § 6, 2002: Ord. 2000-18 § 4 (part), 2000: Ord. 96-39 § 7, 1996: Ord. 88-60 § 10, 1988; Ord. 88-25 § 5, 1988; Ord. 85-66 § 9, 1985: Ord. 85-05 § 1 (part), 1985).

24.10.606 USE DETERMINATION.

Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties, may be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.

(Ord. 2022-19 § 13, 2022; Ord. 2000-18 § 4 (part), 2000: Ord. 85-05 § 1 (part), 1985).

24.10.608 DISTRICT REGULATIONS.

1. General.

Provision		Dwelling Unit Type
Provision		1-Family Detached	Duplex	3 or More Units	Other Uses
a.	Maximum height of buildings
	• Principal buildings (feet)	30	30	36	36
	• Accessory buildings (feet)	15	15	15	15
b.	Minimum lot area (net) (square feet)	5,000	5,000	8,000	8,000
c.	Minimum lot area (net) per dwelling unit (square feet)	5,000	2,500	1,450	–
d.	Minimum lot width (feet)	50	50	65	65
e.	Usable open space per dwelling unit (square feet)	–	–	400	–

2. Setback Requirements.

b. The minimum rear setback shall be ten feet, or one foot of setback for each three feet of height, or portion thereof, of structure, whichever is greater.

c. The minimum side yard setback shall be five feet for the first story and one foot of setback for each three feet of height, or portion thereof, of structure, whichever is greater for the second story and above.

d. There shall be no side yard required for townhouses or interior lots except there shall be a minimum side yard setback at the interior end of a townhouse group of five feet or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.

e. The minimum exterior side yard setback shall be eight feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.

f. Minimum Distance Between Buildings on the Same Lot. Between main buildings, including accessory dwelling units, six feet or one foot of setback for each two feet of height of the tallest building, or portion thereof, whichever is greater; between main buildings and one-story accessory buildings, six feet; between accessory buildings, six feet.

g. For any attached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line.

3. Other Requirements. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Chapter 24.12, Part 2, Chapter 24.16, Part 2, Accessory Dwelling Units, and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.

(Ord. 2022-19 § 13, 2022; Ord. 2016-11 § 23, 2016: Ord. 2015-11 §§ 7, 15, 2015; Ord. 2003-02 § 2, 2004: Ord. 2000-18 § 4 (part), 2000: Ord. 88-41 § 2, 1988; Ord. 88-24 § 5, 1988: Ord. 85-05 § 1 (part), 1985).

Part 7B: R-T(B) SUBDISTRICT B – MOTEL RESIDENTIAL

24.10.610 PURPOSE.

The purpose of Subdistrict B is to establish and control uses to ensure a compatible mixture of uses addressing the needs of residents and tourists. Dominant uses contemplated are motel and medium-density residential uses. To encourage development which is attractive to both permanent residents and tourists, emphasis will be placed on compatibility of design, landscaping, and a comprehensive review of site planning in compliance with the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.

(Ord. 2022-19 § 14, 2022; Ord. 2000-18 § 5 (part), 2000: Ord. 85-05 § 1 (part), 1985).

24.10.611 PRINCIPAL PERMITTED USES.

1. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2.

2. Small and large family daycare homes in residential units (no design permit required unless otherwise required under Section 24.08.410).

3. Multiple dwellings, townhouse dwelling groups, and condominiums (830).

4. Single-family and duplex dwellings (800, 810).

5. Wireless telecommunication facilities, subject to the regulations in Chapter 24.12, Part 15, requiring no public hearing.

(Ord. 2022-19 § 14, 2022; Ord. 2016-11 § 24, 2016: Ord. 2003-17 § 7 (part), 2003: Ord. 2003-16 § 7 (part), 2003).

24.10.612 USE PERMIT REQUIREMENTS.

1. The following uses are subject to approval of an administrative use permit and a design permit and other requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

a. Storage and equipment structures.

b. Temporary structures and uses.

c. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.

d. Wireless telecommunication facilities, subject to the regulations in Chapter 24.12, Part 15, requiring a public hearing.

e. Supportive and transitional housing, nine or fewer units.

2. The following uses are subject to approval of a special use permit and a design permit and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

a. Coffee shops subject to the live entertainment regulations in Chapter 24.12, Part 2 (280g).

b. Large community care facilities (850e).

c. Motel, hotel and bed-and-breakfast inn uses subject to annual business license review (300).

d. Public and private commercial parking (940, 950).

e. Public and private noncommercial recreation areas, buildings and facilities such as parks (710).

f. Public and quasi-public buildings and uses of an administrative, recreational, religious, cultural or public utility or service nature; but not including corporation yards, storage or repair yards, and warehouses (500, 510, 530, 540, 570).

g. Retirement homes or centers (850b).

h. Supportive and transitional housing, ten or more units.

(Ord. 2022-19 § 14, 2022; Ord. 2016-11 § 25, 2016: Ord. 2005-30 § 1, 2005: Ord. 2005-15 § 5, 2005: Ord. 2004-27 § 4, 2004: Ord. 2004-02 § 4, 2004: Ord. 2003-17 § 7 (part), 2003; Ord. 2003-16 § 7 (part), 2003: Ord. 2002-25 § 7, 2002: Ord. 2002-02 § 1 (part), 2002: Ord. 2000-18 § 5 (part), 2000: Ord. 96-39 § 8, 1996: Ord. 93-21 § 1, 1993; Ord. 88-60 § 11, 1988; Ord. 88-25 § 6, 1988; Ord. 85-66 § 10, 1985: Ord. 85-05 § 1 (part), 1985).

24.10.614 USE DETERMINATION.

(Ord. 2022-19 § 14, 2022; Ord. 2000-18 § 5 (part), 2000: Ord. 85-05 § 1 (part), 1985).

24.10.616 DISTRICT REGULATIONS.

1. General.

Provision		Dwelling Unit Type Medium Density Residential
Provision		1-Family Detached	Duplex	3 or More Units	Other Uses
a.	Maximum height of buildings
	• Principal buildings (feet)	30	30	36	36
	• Accessory buildings (feet)	15	15	15	15
b.	Minimum lot area (net) (square feet)	5,000	5,000	8,000	8,000
c.	Minimum lot area (net) per dwelling unit (square feet)	5,000	2,500	1,450	–
d.	Minimum lot width (feet)	50	50	65	65
e.	Usable open space per dwelling unit (square feet)	–	–	400	–

2. Setback Requirements.

a. The minimum front yard setback shall be fifteen feet or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater; except that the front yard may be reduced to not less than six feet for a portion not to exceed fifty percent of the building frontage, providing that a total of ten square feet of front yard is provided for each lineal foot of total lot frontage. Such reduction of front yard depth shall not be permitted on a corner lot, within twelve feet of any side street lot line.

b. The minimum rear setback shall be ten feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.

c. The minimum side yard setback shall be five feet for the first story and one foot of setback for each three feet of height, or portion thereof, of structure for the second story and above.

d. There shall be no side yard required for townhouses on interior lots except there shall be a minimum side yard setback at the interior end of a townhouse group of five feet or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.

e. The minimum exterior side yard setback shall be eight feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.

g. For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line.

3. Other Requirements. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Chapter 24.12, Part 2, and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.

(Ord. 2022-19 § 14, 2022; Ord. 2016-11 § 26, 2016: Ord. 2015-11 §§ 8, 16, 2015; Ord. 2004-02 § 5, 2004: Ord. 2000-18 § 5 (part), 2000: Ord. 88-41 § 3, 1988; Ord. 88-24 § 6, 1988: Ord. 85-05 § 1 (part), 1985).

Part 7B.1: R-T(B)/PER – MOTEL RESIDENTIAL PERFORMANCE OVERLAY

24.10.617.1 PURPOSE.

The purpose of the Motel Residential Performance Overlay district is to establish and control uses to ensure development which protects neighborhood integrity while supporting appropriate uses. The goal of the RTB/PER District is to limit the future development of hotel or motel rooms in the district, but to allow ancillary hotel support facilities as well as additional residential development.

(Ord. 2000-18 § 9 (part), 2000).

24.10.617.2 USE PERMIT REQUIREMENT.

The overlay district allows all of the uses identified in the underlying RTB zone with the exception that new motel or hotel rooms will not be allowed.

The following uses are allowed in the overlay district subject to a Special Use Permit and a Design Permit, in compliance with the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.

a. Indoor and outdoor recreation facilities and other facilities related to existing hotel or motel facilities.

b. Bed-and-Breakfast Inns.

(Ord. 2000-18 § 9 (part), 2000).

24.10.617.3 DISTRICT REGULATIONS.

1. General.

Provision		Dwelling Unit Type
Provision		1-Family Detached	Duplex	3 or More Units	Other Uses
a.	Maximum height of buildings
	• Principal buildings (feet)	30	30	36	36
	• Accessory buildings (feet)	15	15	15	15
b.	Minimum lot area (net) (square feet)	5,000	5,000	8,000	8,000
c.	Minimum lot area (net) per dwelling unit (square feet)	5,000	2,500	1,450	–
d.	Minimum lot width (feet)	50	50	65	65
e.	Usable open space per dwelling unit (square feet)	–	–	400	–

2. Setback Requirements.

b. The minimum rear setback shall be ten feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.

c. The minimum side yard setback shall be five feet for the first story and one foot of setback for each three feet of height, or portion thereof, of structure, whichever is greater, for the second story and above.

e. The minimum exterior side yard setback shall be eight feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.

g. For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line.

3. Other Requirements. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12, and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan. In addition, development on sites located within the district which fronts on West Cliff Drive shall conform to design standards governing development on West Cliff.

4. Siting.

a. Development shall be designed to create plazas and pedestrian spaces featuring amenities such as shade, benches, outdoor dining, fountains, gardens and performance spaces.

b. Building facades shall be articulated with wall offsets, recesses openings ornamentation, and appropriate colors and materials to add texture and detail to the streetscape.

c. Any third story element of residential or support development shall be stepped back from the two story element by at least fifteen feet, from the property lines at the streets.

d. Buildings design shall be encouraged to include significant building modulation and roof form articulation as specified within the design guidelines.

e. All required front setback areas shall be landscaped in accordance with the standards or the design guidelines.

5. All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.

(Ord. 2015-11 §§ 9, 17, 2015; Ord. 2000-18 § 9 (part), 2000).

Part 7C: R-T(C) SUBDISTRICT C – BEACH COMMERCIAL

24.10.618 PURPOSE.

The purpose of the R-T(C) Subdistrict is to establish standards for development of residential uses mixed with neighborhood commercial, motel, and regional tourist commercial use. These standards are designed both to improve existing uses and encourage new developments in a manner that maintains a harmonious balance between residential and regional commercial uses. New development including residential units or uses within the zone, is encouraged to incorporate uses for active frontage along the site frontage. It is the intent of this zoning that preservation of La Bahia be conducted in accordance with the measures described in the certified Final Environmental Impact Report for the Beach and South of Laurel Comprehensive Area Plan.

(Ord. 2022-19 § 17, 2022; Ord. 2000-18 § 7 (part), 2000: Ord. 93-21 § 2, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.619 PRINCIPAL PERMITTED USES.

1. The following uses are allowed, subject to a design permit for new construction per Section 24.08.410 and other requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

Uses for Active Frontage.

a. Food and beverage stores (except liquor stores) (240);

b. Eating and drinking establishments without alcohol sales and subject to the live entertainment regulations in Chapter 24.12, Part 2 (280);

Residential Uses.

c. Flexible density unit (FDU) housing as part of a mixed-use project;

d. Mixed residential and commercial developments when multiple family units are located either in the same lot or above a first floor of commercial uses, subject to the R-T(A) District regulations (830);

e. Multiple dwellings, townhouse dwelling groups and condominiums when ground-floor units are designed as live-work units consistent with Section 24.12.185(13) and subject to the R-T(A) District regulations (830);

f. One or two multiple-family units when located above the first floor of permitted commercial uses with no additional parking required (820);

g. Small and large family daycare homes in residential units (no design permit required unless otherwise required under Section 24.08.410);

h. Single-room occupancy (SRO) housing (860);

i. Single-family residences if lot size does not allow multifamily development, with no live-work or active frontage requirement (800);

j. Supportive and transitional housing in one or two units when located above the first floor of permitted commercial uses with no additional parking required.

Commercial Uses.

k. Motel, hotel, and bed-and-breakfast inn uses subject to annual business license review (300);

l. Off-site parking fewer than five spaces (930);

m. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15, requiring no public hearing.

2. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures, and Section 24.10.620.

(Ord. 2022-19 § 17, 2022; Ord. 2016-11 § 27, 2016: Ord. 2005-30 § 2 (part), 2005: Ord. 2000-18 § 7 (part), 2000: Ord. 96-39 § 9, 1996: Ord. 93-21 § 3, 1993).

24.10.620 USE PERMIT REQUIREMENT.

1. The following uses require an administrative use permit and may also require a design permit per Section 24.08.410 and are subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

Uses for Active Frontage.

a. Acting/art/music/dance studios/schools (610);

b. Apparel and accessory stores (250);

c. Community organizations, associations, clubs and meeting halls (570);

d. Convenience stores, subject to alcohol regulations in Chapter 24.12, Part 12 (240B);

e. Eating and drinking establishments (except bars and fast-food restaurants) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);

f. Educational facilities (public/private) (510);

g. General merchandise stores (drug and department stores) (230);

h. Government and public agencies (530);

i. Home furnishings (270);

j. Liquor stores, subject to alcohol regulations in Chapter 24.12, Part 12 (240B);

k. Museum and art galleries (600);

l. Professional offices associated with a visitor-serving use (400);

m. Repairs, alterations, maintenance services to household items (except boat repair) (340);

n. Specialty retail supply stores (290);

o. Video rental (360B);

Residential Uses.

p. Supportive and transitional housing (three to nine units) subject to the R-T(A) District regulations;

Commercial Uses.

q. Accessory buildings containing plumbing fixtures subject to provisions of Section 24.12.140;

r. Churches (500);

s. Developed parks (710);

t. Undeveloped parks and open space (700);

u. Temporary structures and uses;

v. Sports and recreation facilities, without alcohol sales (720);

w. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15, requiring a public hearing.

2. The following uses require a special use permit and design permit and are subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

Uses for Active Frontage.

a. Bars/taverns subject to alcohol regulations in Chapter 24.12, Part 12 (280C);

b. Fast-food restaurants subject to alcohol regulations in Chapter 24.12, Part 12 (280H);

c. Financial, insurance, real estate offices (420);

d. Fish/seafood wholesale sales (200F);

e. Medical/health offices (410);

f. Nightclubs/music halls, subject to live entertainment and alcohol regulations in Chapter 24.12, Part 12 (630);

g. Personal services (except contractors’ yards and mortuaries) (310);

h. Theaters (620);

Residential Uses.

i. Supportive and transitional housing, subject to the R-T(A) District regulations;

Commercial Uses.

j. Communication and information (550);

k. Marine facilities and related uses (560E):

l. Related research facilities (400L);

m. Related storage and warehousing (330);

n. Off-site public/private parking facilities, five or more spaces (930);

o. Professional offices (400), except as associated with a visitor-serving use;

p. Sports and recreation facilities subject to alcohol regulations in Chapter 24.12, Part 12 (720);

q. Utilities and resources (540).

(Ord. 2022-19 § 17, 2022; Ord. 2022-02 § 2, 2022; Ord. 2016-11 § 28, 2016: Ord. 2005-30 § 2 (part), 2005: Ord. 2005-15 § 6, 2005: Ord. 2004-27 § 5, 2004: Ord. 2000-18 § 7 (part), 2000: Ord. 96-39 § 10, 1996: Ord. 96-08 § 1, 1996: Ord. 95-04 § 1, 1995: Ord. 93-21 § 4, 1993; Ord. 89-39 § 3, 1989; Ord. 88-60 § 12, 1988; Ord. 88-41 § 4, 1988; Ord. 88-26 § 1, 1988; Ord. 88-25 § 7, 1988; Ord. 87-22 § 1, 1987; Ord. 85-66 § 12, 1985: Ord. 85-05 § 1 (part), 1985).

24.10.622 USE DETERMINATION.

(Ord. 2022-19 § 17, 2022; Ord. 2000-18 § 7 (part), 2000: Ord. 85-05 § 1 (part), 1985).

24.10.624 DISTRICT REGULATIONS.

1. General.

Provision		Dwelling Unit Type
Provision		1-Family Detached	Duplex	3 or More Units	Other Uses
a.	Maximum height of buildings
	• Principal buildings (feet)	30	30	36	36
	• Accessory buildings (feet)	15	15	15	15
b.	Minimum lot area (net) (square feet)	5,000	5,000	8,000	5,000
c.	Minimum lot area (net) per dwelling unit (square feet)	5,000	2,500	1,450	–
d.	Minimum lot width (feet)	50	50	65	65
e.	Usable open space per dwelling unit (square feet)	–	–	400	–

2. Other Requirements.

a. When located across a street from Subdistrict A, parking and loading facilities shall be at least ten feet distant from said property line, and buildings and structures at least fifteen feet from said property line.

b. The minimum distance between buildings shall be six feet or one foot of setback for each two feet of height of, or portions thereof, a structure, whichever is greater.

c. For any attached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line, to the entrance of the garage.

d. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12.

e. Height.

e.1. Maximum Building Height. Uninhabitable mechanical penthouses shall be limited to ten percent of the roof area and will be permitted an additional ten-foot height allowance; provided, that they are set back from the face of the building by a minimum of twenty feet so as not to be visible by pedestrians.

• Architectural elements such as bell towers, spires, turrets, cupolas, chimneys, dormers, flag poles, etc., are limited to fifteen percent of the roof area and may extend ten feet above the height limitation, subject to design permit review.

e.2. Minimum Building Height. Not less than two stories, of which the first floor retail, restaurant and entertainment uses must have a minimum floor-to-floor height of fifteen feet.

f. Design. All development must be in compliance with adopted design guidelines. Regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12 and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.

f.1. The design of all new structures shall be based upon “Spanish Colonial Revival” architecture as well as Mission Revival and Mediterranean architecture as described in the design guidelines. “Fantasy Victorian” is encouraged for recreational and entertainment development.

f.2. Buildings shall be designed with stucco walls, courtyards, arches, towers, balconies, wood doors and windows, or appropriate materials that emulate the scale, proportions and look of wood, decorative iron and tile details or other features typical of Spanish Colonial Revival style.

f.3. Building forms shall suggest thick masonry reminiscent of Spanish Colonial Revival architecture and incorporate features such as recessed doors and windows.

f.4. Building walls shall be stucco and colored white, off-white or very light value, warm-toned hues. Multiple color combinations may be used, provided they are subtle and consist of a limited number of colors. Variations in shade or tone can be used to articulate architectural features.

f.5. Roofs shall be hipped terra cotta tile roofs or flat roofs completely surrounded by a parapet. This parapet shall incorporate curvilinear decorative shapes and moldings.

f.6. Flat roofed buildings shall incorporate porches, window overhangs, trellises, wall and opening articulation or other features to avoid a bare-box appearance.

g. Siting.

g.1. Development shall be designed to create plazas and pedestrian spaces featuring amenities such as shade, benches, outdoor dining, fountains, gardens and performance spaces.

g.2. All storefronts, theater entries, and hotel lobbies shall be located along streets, plazas, courtyards, or sidewalks in order to create visual interest to the pedestrian.

g.3. Building facades shall be articulated with wall offsets, recesses, openings, ornamentation, and appropriate colors and materials to add texture and detail to the streetscape.

h. Accessibility.

h.1. All retail uses must be directly accessible from a sidewalk, plaza, courtyard or other public open spaces.

h.2. Access must be aesthetically integrated within the development.

i. Setbacks. Development on this site should be designed to encourage and support activities that unify both sides of Beach Street. For that reason, development shall be required to build to the property line adjacent to Beach Street. Significant planter boxes and other narrowscape concepts should be used to soften this edge but provide active pedestrian access.

j. Parking.

j.1. Surface or structured parking may be constructed if the parking is visually screened and/or separated from the street by commercial development of at least fifty feet in depth.

j.2. Parking structure exteriors shall maintain the same high-quality architectural design and construction standards as all other commercial buildings.

• The large scale and mass of parking structures shall be alleviated through wall offsets, pilasters, arched openings and other distinctive design elements.

• Decorative elements such as cornices, balustrades, finish materials, colors and lighting shall be used to add interest and integrate the structures within the design character of the area.

j.3. Parking shall not be the dominant visual element of the site. Existing and/or expanded surface parking which is visible from the street or other areas exposed to public view must be screened and softened by landscaping, low screen wall or a combination of these elements.

j.4. Surface lots must be planted with trees to reduce heat and glare, that include at least fifteen percent of the surface area to provide visual relief from broad expanses of paving. Shade trees shall be planted around the perimeter and within the lot.

j.5. Off-site parking may be permitted within this subdistrict if:

• The city establishes a parking district for the area, the district develops a suitable parking facility, and the development pays an in-lieu parking fee; or

• The development identifies and develops a suitable permanent parking facility; or

• The development secures and provides evidence of a long-term lease from a suitable permanent parking facility.

k. Landscaping.

k.1. Interior courtyards and passages are encouraged and shall be planted with colorful perennial and annual plant species. A combination of trees, shrubs and groundcovers shall be used to frame, soften and embellish the quality of the development, to screen undesirable views and to define development boundaries. Landscaping shall be maintained in an attractive condition.

k.2. Permanent containers for flowering plants, such as window boxes and planters, are encouraged for use in limited space areas, at entries and in courtyards and plazas, and along the frontages of Beach Street and Riverside Avenue.

l. Transit. All development proposals within the RTC shall:

• Discourage employee automotive use by instituting one or more of the following: carpooling requirements, transit subsidies, employee shuttle service, and/or

• Provide a contribution and/or cost-sharing for shuttle and/or parking such as on the depot site.

3. New development including residential units or uses, with the exception of projects consisting of one hundred percent SRO units, shall incorporate either:

a. Uses for active frontage along a minimum of fifty percent of the length of the site frontage; or

b. Live-work units as defined in Section 24.12.185(13) along one hundred percent of the site frontage.

(Ord. 2022-19 § 17, 2022; Ord. 2015-11 §§ 10, 18, 2015; Ord. 2007-24 § 1, 2007: Ord. 2006-10 § 2, 2006: Ord. 2002-41 § 1, 2002: Ord. 2000-23 § 2, 2000: Ord. 2000-18 § 8 (part), 2000).

24.10.624.1 FINDINGS REQUIRED.

In addition to required use and design permit findings, any development permit must also meet the following findings. The proposed project:

1. Can be coordinated with existing and proposed development of the surrounding areas, and, if appropriate, particularly addressing the issue of transition to the adjacent RTA and RTB neighborhoods; and

2. Shall provide the amenity level of the development, the quality of architecture, and the landscaping to meet the requirements listed above.

3. Shall be found to contribute to the overall economic health, vitality and general mix of uses in the beach area by providing diverse retail and merchandising for the area.

(Ord. 2022-19 § 17, 2022; Ord. 2000-18 § 7 (part), 2000).

Part 7C.1: R-T(C)/PER: SUBDISTRICT C – BEACH COMMERCIAL/PERFORMANCE OVERLAY ZONE

24.10.625.0 PURPOSE.

The purpose of the Beach Commercial Performance Overlay Zone is to identify areas of critical public interest in the Beach Commercial Area, and to provide regulations and standards necessary to achieve planning goals for development and/or redevelopment in a manner which protects neighborhood integrity while stimulating appropriate economic development.

The goal of RTC/PER is to promote the General Plan policy for the development of regional visitor serving uses in the Beach Area while accomplishing the directives of the adopted Beach and South of Laurel Comprehensive Area Plan. The Beach Commercial Performance Overlay zone establishes the requirement that a master plan for the entire 7.5 acre site developed under the Planned Development process before any new buildings are constructed on the site.

(Ord. 2000-18 § 8 (part), 2000).

24.10.625.1 INTENT OF THE ZONE.

The RTC/PER is designed to accomplish the following:

(a) To incorporate a public process to ensure that development meets adopted public policy goals in terms of uses, design and public benefits;

(b) To permit a flexible development response to the local market as well as the regional visitor market, and to allow for the development of a variety of land uses and public activities to meet the needs and requirements of visitors, residents and workers;

(d) To encourage design which produces a desirable relationship between the development on this site and adjacent residential and commercial areas;

(e) To ensure conformance with the approved “Beach Commercial Design Guidelines” regarding facades, public spaces, location of store fronts, architectural variation, height, rooflines, and landscaping; and

(f) To allow change of use of existing buildings on the site that comply with the following permit requirements.

(Ord. 2000-18 § 8 (part), 2000).

24.10.625.2 APPLICABILITY.

The RTC/PER overlay zone shall be applied to all the parcels that comprise the Main Beach Parking lot, which is bounded by Beach Street, Riverside Avenue, Second and Cliff Streets and shall be subject to a community based planning process that is carried out to review the proposed uses, densities and design of proposed development within the Overlay district through a Planned Development process subject to the criteria and standards established by the Performance Overlay Zone. This process should take into account the proposed development’s potential to meet the city’s adopted economic development goals as well as neighborhood conservation goals for the area; its compliance with Local Coastal Zone policy and adopted design guidelines, and identify the benefits of the proposed project.

(Ord. 2000-18 § 8 (part), 2000).

24.10.625.3 USE PERMIT REQUIREMENT.

1. The following uses are permitted subject to an Administrative Use Permit, a Design Permit and other requirements of the Municipal Code. The goal is to provide a continuity of activity and interest which will integrate existing commercial uses along Beach Street and the Boardwalk more fully (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes):

a. Retail uses, including stores, shops, specialty shops, and neighborhood convenience retail, excluding department stores or discount malls up to a total of 125,000 square feet for the district (230, 250, 290).

b. Eating establishments, not including drive-up or drive-in services, subject to live entertainment and alcohol regulations of Chapter 24.12 (280).

c. Off-site parking with fewer than five spaces (930).

d. Food and beverage stores (except liquor stores) (240).

e. Acting/art/music/dance/photography studios/schools (610) if such establishments are in compliance with the Design Guidelines and active people-orient uses are located adjacent to the street.

f. Administrative offices ancillary to a permitted use, if:

• offices in new structures are screened on street frontage by retail/recreational, and/or active people-oriented uses of at least 25 feet in depth, or

• offices in existing structures do not create a significant break in pedestrian activity and storefront continuity along the street, and are landscaped according to the Design Guidelines.

g. Indoor recreational uses and sports and health clubs, provided that the storefront adjacent to the street is designed in compliance with the guidelines, and active people oriented uses are located adjacent to the street (720).

h. Temporary structures and uses.

2. The following uses are subject to approval of a Special Use Permit, a Design Permit and other requirements of the Municipal Code:

a. Public performance space, art galleries and/or museums which are open to the public (600, 610).

b. Lodging, hotel development provided it incorporates specialty boutiques and/or restaurant(s) on the ground floor, and does not create a significant break in pedestrian activity and storefront continuity along the street (300).

c. Off-site public/private parking facilities, five or more spaces (930), so long as the total width of access to the facility is not more than 50 feet in width on any one street frontage, provided the parking is visually screened and separated from the street, and that access is designed in a manner not to disrupt retail continuity along Beach Street.

d. Residential development, located above the first floor of commercial uses, not to exceed 30 dwelling units/acre, if it includes a mixture of unit types (e.g. variety of unit sizes) and if 15% of the total number of units are affordable in accordance with Chapter 24.16 of the zoning regulations.

e. Theater and cinemas; exhibit space and libraries, auditoriums and conference space, providing significant pedestrian activity and storefront continuity is provided along the streets, (550g, 570b, 570c, 600, 620)

f. Live performing arts theaters or nightclub establishments providing live entertainment with stage/performance areas greater than 80 square feet or permitting dancing and establishments serving alcoholic beverages; provided, that the storefront is designed in compliance with design guidelines and to include active people-oriented activities of visual interest to the pedestrian and subject to acoustical studies indicating that such uses can achieve the city’s existing noise standards (630).

(Ord. 2005-30 § 3, 2005: Ord. 2000-18 § 8 (part), 2000).

24.10.625.4 USE DETERMINATION.

(Ord. 2022-19 § 16, 2022; Ord. 2000-18 § 8 (part), 2000).

24.10.625.5 DISTRICT REGULATIONS.

These regulations apply to all development within the RTC/PER overlay district.

1. General.

a. Maximum allowable development of uses other than structured parking within the RTC/PER Overlay District may not exceed one hundred twenty-five thousand square feet. Additionally, in those cases where the project includes a conference/hotel facility, a public performance center, or other publicly beneficial use, and where it is determined that a project’s potential contributes in an exceptional manner to the city’s adopted economic development and quality architectural design goals, and it is additionally determined that the project will provide a public benefit in the form of a significant public improvement of the area, then the project may be considered for an increase in permitted square footage, as determined through a public process, with an amendment to the Beach and South of Laurel Area Plan.

b. Maximum lot coverage by building development, exclusive of facilities meeting parking requirements, may not exceed fifty percent of lot area.

c. Minimum Public Use and/or Open Performance Space (percent of lot area): Not less than ten percent of the gross site area. Publicly accessible space in courtyards and plazas may be included in this calculation.

2. Other Requirements/Standards.

a. Height:

a.1. Maximum Building Height: Not to exceed thirty-six feet, unless twenty-five percent of the net lot area is dedicated public use and/or public performance space, then the maximum building height may not exceed forty-eight feet. Additionally, in those cases where the project includes a conference/hotel facility, a public performance center, or other publicly beneficial use, and where it is determined that a project’s potential contributes in an exceptional manner to the city’s adopted economic development and quality architectural design goals, and it is additionally determined that the project will provide a public benefit perceived in the form of a significant public improvement of the area, then the project may be considered for an increase in permitted height not to exceed forty-eight feet, with an amendment to the Beach and South of Laurel Area Plan. Uninhabitable mechanical penthouses shall be limited to ten percent of the roof area and will be permitted an additional ten-foot height allowance; provided, that they are set back from the face of the building by a minimum of fifteen feet so as not to be visible by pedestrians.

• Development eligible for additional height must step back a minimum of fifteen feet from the face of the base height of thirty-six feet except for architectural elements at the street intersections, so as to maintain the visual impression of a three-story facade on the street.

a.2. Minimum Building Height: Not less than two stories, of which the first floor retail, restaurant and entertainment uses must have a minimum floor-to-floor height of fifteen feet.

b. Design: All development must be in compliance with adopted Design Guidelines. Regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12 and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.

b.1. The design of all new structures be based upon Spanish Colonial Revival architecture as well as Mission Revival and Mediterranean architecture as described in the Design Guidelines. “Fantasy Victorian” is encouraged for recreational and entertainment development.

b.2. Buildings shall be designed with stucco walls, courtyards, arches, towers, balconies, wood doors and windows, or appropriate materials that emulate the scale, proportions and look of wood, decorative iron and tile details or other features typical of Spanish Colonial Revival style.

b.3. Building forms shall suggest thick masonry reminiscent of Spanish Colonial Revival architecture and incorporate features such as recessed doors and windows.

b.4. Building walls shall be stucco and colored white, off-white or very light value, warm-toned hues. Multiple color combinations may be used, provided they are subtle and consist of a limited number of colors. Variations in shade or tone can be used to articulate architectural features.

b.5. Roofs shall be hipped terra cotta tile roofs or flat roofs completely surrounded by a parapet. This parapet shall incorporate curvilinear decorative shapes and moldings.

b.6. Flat-roofed buildings shall incorporate porches, window overhangs, trellises, wall and opening articulation or other features to avoid a bare-box appearance.

c. Siting:

c.1. Development shall be designed to create plazas and pedestrian spaces featuring amenities such as shade, benches, outdoor dining, fountains, gardens and performance spaces.

c.2. All store fronts, theater entries, and hotel lobbies shall be located along streets, plazas, courtyards, or sidewalks in order to create visual interest to the pedestrian.

c.3. Building facades shall be articulated with wall offsets, recesses, openings, ornamentation, and appropriate colors and materials to add texture and detail to the streetscape.

d. Accessibility:

d.1. All retail uses must be directly accessible from a sidewalk, plaza, courtyard or other public open spaces.

d.2. Access must be aesthetically integrated within the development.

e. Setbacks: Development on this site should be designed to encourage and support activities which unify both sides of Beach Street, integrating the Boardwalk/Casino with the Main Beach lot development. Development shall be required to build to the property lines adjacent to Beach Street and Riverside Avenue. Significant planter boxes and other narrowscape concepts should be used to soften this edge but provide active pedestrian access.

e.1. On Beach Street and Riverside Avenue front line setbacks, not to exceed fifteen feet in depth, may be permitted if it is designed to incorporate active outdoor uses, such as outdoor dining or public seating and/or landscaping.

e.2. A fifteen-foot landscaping setback/buffer is required on Second Street.

e.3. A ten-foot landscaping setback/buffer is required along Cliff Street.

f. Parking:

f.1. On Beach Street, Cliff Street and Riverside Avenue, surface or structured parking may be constructed if the parking is visually screened and separated from the street by commercial development of at least fifty feet in depth.

f.2. On Second Street, surface or structured parking may be constructed if the parking is visually screened and separated from the street by a fifteen-foot landscape buffer in conjunction with, or in place of, commercial development.

f.3. Parking structure exteriors shall maintain the same high-quality architectural design and construction standards as all other commercial buildings.

• The large scale and mass of parking structures shall be alleviated through wall offsets, pilasters, arched openings and other distinctive design elements.

• Decorative elements such as cornices, balustrades, finish materials, colors and lighting shall be used to add interest and integrate the structures within the design character of the area.

f.4. Parking shall not be the dominant visual element of the site. Existing and/or expanded surface parking which is visible from the street or other areas exposed to public view must be screened and softened by landscaping, low screen wall, or a combination of these elements.

f.5. At least fifteen percent of the surface area of surface parking lots must be planted with trees to reduce heat and glare and to provide visual relief from broad expanses of paving. Shade trees shall be planted around the perimeter and within the lot.

g. Landscaping:

g.1. Interior courtyards and passages are encouraged and shall be planted with colorful perennial and annual plant species. A combination of trees, shrubs and groundcovers shall be used to frame, soften and embellish the quality of the development, to screen undesirable views and to define development boundaries. All landscaping shall be maintained in an attractive condition.

g.2. Permanent containers for flowering plants, such as window boxes and planters, are encouraged for use in limited space areas, at entries and in courtyards and plazas, and along the frontages of Beach Street and Riverside Avenue.

h. Transit: All development proposals within the Performance Overlay Zone shall:

• discourage employee automotive use by instituting one or more of the following: carpooling requirements; transit subsidies; employee shuttle service; and

• provide a contribution and/or cost-sharing for shuttle and/or parking such as on the depot site.

Within the requirements above, certain exceptions may be considered as part of the design review process in order to encourage quality development and the provision of public facilities and amenities only if all relevant permit findings can be made.

3. All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.

4. If new development on the Main Beach parking lot is incompatible with retention of the historic cottages located on the eastern portion of the site, relocate the cottages to another appropriate site or sites within the city or the county of Santa Cruz (unless deemed infeasible by the city’s chief building official), with preference given to relocating the cottages within the Beach and South of Laurel area.

(Ord. 2007-24 § 2, 2007: Ord. 2006-10 § 2, 2006: Ord. 2002-41 § 1, 2002: Ord. 2000-23 § 2, 2000: Ord. 2000-18 § 8 (part), 2000).

24.10.625.6 PROCEDURE.

It is the intent of the RTC/PER overlay to encourage comprehensive master planning, following either the Planned Development or Area Plan process outlined in the city Zoning Ordinance. For this reason, all new development in the RTC/PER overlay shall require a pre-application review by city staff prior to submittal of a formal application. The intent is to review proposed plans at the conceptual stage, thereby enabling city staff to provide feedback on recommended site design elements, compatibility with other existing and planned uses within the RTC/PER overlay, and to identify other land use issues which may arise. Following the preapplication process the applicant shall submit for either an Area Plan or a Planned Development subject to the design criteria listed in the RTC/PER overlay zone, to achieve the desire to accommodate a community-based planning process identified in the Beach and South of Laurel Comprehensive Area Plan.

(Ord. 2000-18 § 8 (part), 2000).

24.10.625.7 FINDINGS REQUIRED.

In addition to required Use and design permit findings any development permit, must also meet the following findings. The application:

1. Can be coordinated with existing and proposed development of the surrounding areas, and, if appropriate, particularly addressing the issue of transition to the adjacent RTD, and RTE neighborhoods.

2. Provides an amenity level of the development, the quality of architecture, and the landscaping required by the above standards.

(Ord. 2000-18 § 8 (part), 2000).

Part 7D: R-T(D) SUBDISTRICT D – BEACH RESIDENTIAL

24.10.626 PURPOSE.

The purpose of Subdistrict D is to conserve, protect and enhance the beach residential character of the subdistrict and provide a suitable environment for residents. To preserve the small scale and enhance the historic beach cottage character of this subdistrict, and to ensure that new residential land uses are compatible, permanent and of a high quality, all new development will be reviewed in compliance with the Beach Flats Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan and the Conservation Neighborhood Overlay requirements.

(Ord. 2022-19 § 17, 2022; Ord. 2000-18 § 1 (part), 2000: Ord. 85-05 § 1 (part), 1985).

24.10.627 PRINCIPAL PERMITTED USES.

1. The following uses are permitted, subject to a design permit per Section 24.08.410, Conservation Overlay District (Section 24.10.4000) and other requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

a. Multiple dwellings, townhouse dwelling groups, and condominiums, three units or more (830, 840);

b. Single-family and duplexes (800, 810);

c. Storage and equipment structures, if ancillary to principal residential use;

d. Small and large family daycare homes in residential units;

e. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures;

f. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit;

g. Supportive and transitional housing in single-family home or duplex.

(Ord. 2022-19 § 17, 2022; Ord. 2019-03 § 10, 2019; Ord. 2016-11 § 29, 2016: Ord. 2003-17 § 8 (part), 2003: Ord. 2003-16 § 8 (part), 2003: Ord. 2000-18 § 1 (part), 2000).

24.10.628 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410, as well as other requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

a. Small community care residential facilities.

b. Temporary structures and uses.

c. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.

d. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

a. Bed-and-breakfast inns, subject to the requirements contained in Chapter 24.12, Part 9. (300c)

b. Community care facilities. (850e)

c. Public and private noncommercial recreation areas, buildings and facilities such as parks. (710)

d. Public and quasi-public buildings and uses including administrative, recreational, educational, religious, cultural, public utility or public service uses; but not including yards, storage or repair yards, and warehouses. (500, 510, 530, 540, 570)

e. Retirement homes or centers. (850b)

f. Supportive and transitional housing, three units or more.

(Ord. 2022-19 § 17, 2022; Ord. 2019-03 § 11, 2019; Ord. 2016-11 § 30, 2016: Ord. 2005-15 § 7, 2005: Ord. 2003-17 § 8 (part), 2003: Ord. 2003-16 § 8 (part), 2003: Ord. 2002-25 § 8, 2002: Ord. 2000-18 § 1 (part), 2000: Ord. 85-05 § 1 (part), 1985).

24.10.630 USE DETERMINATION.

(Ord. 2022-19 § 17, 2022; Ord. 2000-18 § 1 (part), 2000: Ord. 85-05 § 1 (part), 1985).

24.10.632 DISTRICT REGULATIONS.

1. General.

Provision		Dwelling Unit Type
Provision		1-Family Detached	Duplex	Triplex	4 or More Units	Other Uses
a.	Height of buildings
	• Principal (feet)	22	22	22	30	30
	• Accessory (stories and feet)	1 and 15	1 and 15	1 and 15	1 and 15	1 and 15
b.	Minimum lot area (net) (square feet)	3,000	3,600	7,200	8,000	8,000
c.	Minimum lot area (net) per dwelling unit (square feet)	–	1,800	1,600	1,600	–
d.	Minimum lot width (feet)	40	40	80	80	80
e.	Usable open space per dwelling unit (square feet)	–	400	400	400	–

		Dwelling Units
		First Story	Second Story	Other Uses
f.	Front yard (feet)	5*	10*	10*
g.	Rear yard (feet)	10	15	15
h.	Side yard each side (feet)	4	4	4
	or: one side (feet)	0	0	0
	Total both sides (feet)	10	10	10
i.	Exterior side yard (feet)	5*	5*	5*
* For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line.

2. Minimum Distance Between Buildings on the Same Lot. Between main buildings, including accessory dwelling units, six feet or one foot of setback for each two feet of height of the tallest building, or portions thereof, whichever is greater; between main buildings and one-story accessory buildings, six feet; between accessory buildings, six feet.

3. Other Requirements/Standards.

a. Design. All development is subject to a design permit and must be in compliance with adopted design guidelines. Other regulations which may be applicable to site design in this zone are set forth in general site design standards, Part 2, Chapter 24.12 and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.

a.1. New buildings shall employ California Bungalow or Victorian architectural style as a basis for design.

a.2. Buildings shall be similar in scale and form to existing structures and shall incorporate vernacular characteristics, such as pitched gabled roofs, proportionally large overhangs, exposed roof beams and rafter tails, vertically oriented multi-paned windows and front porches.

a.3. Buildings shall be wood frame construction with horizontal wood siding.

a.4. Roof forms shall be typical of the Beach Flats with appropriate steeper pitches for Victorians and lesser pitches for California Bungalow style.

a.5. Roof materials shall be composition or wood shingle.

b. Parking. All parking shall be located within the rear or at the rear of main structures, if possible. Private multi-residential parking lots shall be screened from the public right-of-way, and meet the requirements of Section 24.12.240, in addition to the following requirements:

b.1. All garages and entrances to parking areas shall be set back at least five feet from the adjacent front building setback.

b.2. On lots of forty feet or less in width of street frontage, parking access is limited to a maximum of twelve feet of width. On lots of forty feet to sixty-five feet in width, parking access is limited to a maximum of sixteen feet of width; and on lots with greater than sixty-five feet in street frontage, parking access is limited to a maximum of twenty feet.

b.3. Driveways shall be minimized in order to maximize land use efficiency and the provision of landscaping and open space.

b.4. City parking standard requirements may be reduced in the following manner: one parking space for a one bedroom unit; for two or more bedrooms, the parking requirement may be reduced fifty percent if the following provisions are met:

• At least fifty percent of new units are two bedrooms or more;

• For units which meet the city’s definition of “affordable”; and

• If development is deemed compatible with surrounding neighborhood.

c. Siting. All development shall be sited to create a harmonious street edge, and to blend into rather than dominate the street.

c.1. Entries to individual units and groupings of units shall be located on the ground floor facing the street. These entries shall incorporate architectural and landscaping elements such as porches and arbors that visually reinforce the presence of entries.

c.2. Architectural elements, such as towers, balconies, stairs, decorative elements, etc., may be allowed to project up to fifty percent of the front yard setback requirement.

d. Height. Multiple-story developments shall minimize scale through upper story setbacks, individual building elements, and other similar design techniques.

d.1. The height of buildings shall be minimized at the street, in the following manner:

• One-story elements of buildings (including porches) must be set back five feet,

• Second-story elements of buildings must be set back ten feet.

e. Landscaping, in compliance with the design standards, is required. Landscaping shall be maintained in an attractive condition.

e.1. Landscaping shall be designed to enhance the architectural style. All front, rear and side yards shall be fully landscaped except for areas devoted to driveways, patios, walkways or porches.

e.2. Permanent containers for flowering plants are encouraged for use in limited space areas at entries and in courtyards and plazas.

e.3. Vines and climbing plants integrated with building design and used on walls and trellises are encouraged.

e.4. Opaque garden walls are not permitted within the front yard setback to maintain the landscape continuity along the street. Fences limited to three feet in height are permitted as long as the fence is at least sixty percent open.

4. All new development adjacent to a “CON – Neighborhood Conservation District” Overlay Zone shall comply with Section 24.10.4060, standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.

(Ord. 2022-19 § 17, 2022; Ord. 2015-11 §§ 11, 19, 2015; Ord. 2007-24 § 3, 2007: Ord. 2006-10 § 3, 2006: Ord. 2000-18 § 1 (part), 2000: Ord. 85-05 § 1 (part), 1985).

24.10.633 CERTIFICATE OF OCCUPANCY REQUIRED.

In order to ensure safe and sanitary housing and rehabilitation of structures within the RT(D) District, a valid certificate of occupancy shall be required for each transfer of the property within the district. Certificates will not be issued for properties with a recorded notice of violation. Certificates will be issued when units comply with applicable codes.

(Ord. 2022-19 § 17, 2022; Ord. 2000-18 § 1 (part), 2000).

Part 7E: R-T(E) SUBDISTRICT E – BEACH MEDIUM/HIGH DENSITY RESIDENTIAL

24.10.635 PURPOSE.

The purpose of Subdistrict E is to encourage quality medium and/or high density multifamily residential uses in a manner which promotes excellence in building design, provides for family-oriented development, ensures compatibility with the adjacent conservation overlay zone, and limits the need for parking by encouraging use of alternative means of transportation, including the multi-modal center proposed for the depot site. All new development will be reviewed in compliance with the Beach Flats Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.

(Ord. 2022-19 § 18, 2022; Ord. 2000-18 § 2 (part), 2000).

24.10.636 PRINCIPAL PERMITTED USES.

1. The following uses are permitted and may also require a design permit per Section 24.08.410 as well as other requirements of the municipal code:

a. Duplex dwellings.

b. Multiple dwellings, townhouse dwelling groups and condominiums.

c. Small and large family daycare homes in residential units.

d. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures.

(Ord. 2022-19 § 18, 2022; Ord. 2000-18 § 2 (part), 2000).

24.10.637 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410 as well as other requirements of the municipal code:

a. Educational and cultural institutions.

b. Community care facilities.

c. Single-family dwellings on substandard lots.

d. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses are subject to approval of a special use permit and may also require a design permit as well as other requirements of the municipal code:

a. Recreational buildings and community centers.

b. Public and private noncommercial recreation areas, buildings and facilities such as parks, playgrounds and basketball courts.

c. Public and private commercial parking, subject to landscaping and design standards. Nonconforming parking lots must be brought into compliance within five years of adoption of this Part 7E.

(Ord. 2022-19 § 18, 2022; Ord. 2005-15 § 8, 2005: Ord. 2000-18 § 2 (part), 2000).

24.10.638 USE DETERMINATION.

(Ord. 2022-19 § 18, 2022; Ord. 2000-18 § 2 (part), 2000).

24.10.640 DISTRICT REGULATIONS.

These regulations apply to all development within the R-T(E) subdistrict.

1. General.

Provision		Dwelling Unit Type			Other Uses
Provision		Duplex	3+	7+	Other Uses
a.	Height of buildings
	Maximum (feet)	22	22	36	36
b.	Minimum lot area (net) (square feet)	3,400	6,800	10,200	10,200
c.	Minimum lot area (net) (square feet) per dwelling unit	1,700	1,450	1,200	–
d.	Minimum lot width (feet)	40	65	80	80
e.	Open space/dwelling unit (square feet)	400	400	400	–

Setbacks		First Story	Second Story	Third Story
f.	Front yard (feet)	5	10	10*
g.	Rear yard (feet)	10	10	10*
h.	Side yard, each side (feet)	3	5	5
	Total both sides (feet)	6	10	10
* Front and rear yards are subject to building envelope. See Setbacks and Height, subsection (2)(a) of this section.

2. Other Requirements/Standards.

a. Setbacks and Height. Multiple-story developments shall minimize scale through upper story setbacks, articulated building elements, and other similar design techniques.

a.1. The height of buildings shall be minimized at the street, in the following manner:

• One-story elements of buildings (including porches) must be set back five feet from the property line.

• Second-story elements of buildings must be set back ten feet from the property line.

• For three stories, the height of the building must be contained within the building envelope as shown in the following:

a.2. Multi-story buildings or portions of buildings constructed within thirty feet of the Conservation Overlay District shall step-down toward the conservation neighborhood to transition to the adjacent smaller scale conservation area, and shall be no taller than two stories or twenty-three feet at the mid-point of the roof.

b. Design. All development must be in compliance with adopted design guidelines. Regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12 and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.

b.1. The design of all new structures employ California Bungalow, Craftsman, or Spanish Resort Style as described in the design guidelines.

b.2. Spanish Resort Style buildings shall be designed with stucco walls, courtyards, arches, towers, balconies, wood doors and windows, or appropriate materials that emulate the scale, proportions and look of wood, decorative iron and tile details. Building forms shall suggest thick masonry and incorporate features such as recessed doors and windows. Roofs shall be hipped terra cotta tile roofs or flat roofs completely surrounded by a parapet. This parapet shall incorporate curvilinear decorative shapes and molding.

b.3. Flat-roofed buildings shall incorporate porches, window overhangs, trellises, wall and opening articulation or other features to avoid a bare-box appearance.

b.4. California Bungalow and Craftsman-styled buildings shall incorporate appropriately sloped roofs, stucco and/or wood walls, overhangs, porches, trellises, and balconies. Doors and windows shall be of wood (or other durable material that emulates the scale, proportion and appearance of wood).

c. Parking. All parking shall be located within the rear or at the rear of main structures. Private residential parking lots shall be screened from the public right-of-way, and shall meet the requirements of Section 24.12.240, in addition to the following requirements:

c.1. All garages and entrances to parking areas shall be set back at least five feet from the adjacent front building setback, and twenty feet from the front property line.

c.2. On lots of forty feet or less in width of street frontage, parking access is limited to a maximum of twelve feet of width. On lots of forty to sixty-five feet in width, parking access is limited to a maximum of sixteen feet of width; and on lots with greater than sixty-five feet in street frontage, parking access is limited to twenty feet.

c.3. Driveways shall be minimized to maximize land use efficiency and the provision of open space and landscaping.

c.4. Off-site parking may be permitted within this subdistrict if:

• The city establishes a parking district for the area; the district develops a suitable parking facility; and the development pays an in-lieu parking fee, or the development identifies and develops a suitable permanent parking facility,

• Off-site parking must be within five hundred feet of the development and secured by ownership or a long-term lease, including a deed restriction limiting the property’s use for the required parking.

c.5. City parking standard requirements may be reduced in the following manner: one parking space for a one bedroom unit; for two or more bedrooms, the parking requirement may be reduced fifty percent if one of the following provisions is met:

• At least fifty percent of new units are two bedrooms or more, or

• For units which meet the city’s definition of “affordable.”

c.6. Where there is joint recreational and seasonal commercial parking use of a site, turf may be substituted for paved surfaces.

d. Open Space. Each development shall provide four hundred square feet of usable open space per unit. This requirement may be met through the provision of balconies and/or decks, patios over eight feet in depth, and landscaped front and rear yards over ten feet in depth. The provision of open space may be reduced to two hundred fifty square feet per dwelling unit, if the development meets one of the following criteria:

• Projects providing at least fifty percent of the development as two bedroom units;

• Projects providing community facilities such as a community center and/or a child-care facility.

e. Siting. All development shall be sited to create a harmonious street edge, and to blend into rather than dominate the street.

e.1. Entries to individual units and groupings of units shall be located on the ground floor facing the street. These entries shall incorporate architectural and landscaping elements such as porches and arbors that visually reinforce the presence of entries.

e.2. Architectural elements, such as towers, balconies, stairs, decorative elements, etc., may project up to fifty percent of the front yard setback requirement.

e.3. Courtyard-style developments, providing common usable open space, may provide a single, common entryway facing the street.

f. Landscaping. Landscaping shall be in compliance with the design standards.

f.1. Landscaping shall be designed to enhance the architectural style. All front, rear and side yards shall be fully landscaped except for areas devoted to driveways, patios, walkways or porches. All landscaping areas shall be provided with automatic irrigation systems to facilitate the maintenance of the landscape. Landscaping shall be maintained in an attractive condition.

f.2. Permanent containers for flowering plants, or similar narrowscape landscaping concepts, are encouraged for use in limited space areas, at entries and in courtyards and plazas.

f.3. Vines and climbing plants integrated with building design and used on walls and trellises are encouraged.

3. All new development adjacent to a “CON – Neighborhood Conservation District” Overlay Zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.

(Ord. 2022-19 § 18, 2022; Ord. 2015-11 § 20, 2015; Ord. 2007-24 § 4, 2007: Ord. 2006-10 § 4, 2006: Ord. 2000-18 § 2 (part), 2000).

24.10.641 FINDINGS REQUIRED.

Prior to approval of any design permit for development within this district, the following additional findings must be made. The application:

1. Can be coordinated with existing and proposed development of the surrounding areas, and, if appropriate, particularly addressing the issue of transition to an adjacent Neighborhood Conservation Overlay District; and

2. Shall meet the requirements listed above for the high amenity level of the development, the quality of architecture, and the landscaping.

(Ord. 2022-19 § 18, 2022; Ord. 2000-18 § 2 (part), 2000).

Part 8: C-C COMMUNITY COMMERCIAL DISTRICT

24.10.700 PURPOSE.

To provide locations throughout the community for a variety of commercial and service uses for residents of the city and the region which promote the policies of the General Plan; to encourage a harmonious mixture of a wide variety of commercial and residential activities including limited industrial uses, if they are compatible and nuisance free. New development including residential units or residential uses within the zone are encouraged to incorporate uses for active frontage along the site frontage. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan. Also refer to Part 43, Section 24.10.4300 et seq. for properties within the Mission Street Urban Design Overlay District.

(Ord. 2022-19 § 19, 2022; Ord. 2002-17 § 1 (part), 2002: Ord. 94-33 § 33, 1994: Ord. 93-21 § 5, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.710 PRINCIPAL PERMITTED USES.

The following uses are allowed outright, subject to other requirements of the municipal code including the approval of a design permit for new structures when required by Section 24.08.410 (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

Uses for Active Frontage.

a. Acting/art/music/dance schools and studios (610);

b. Apparel and accessory stores (250);

c. Auto supply stores (260C);

d. Eating and drinking establishments (except bars, fast-food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);

e. Financial, insurance, real estate offices (420);

f. Financial services (320);

g. Food and beverage stores (except liquor and convenience stores) (240);

h. General retail merchandise (drug and department stores) (230);

i. Home furnishing stores (270);

j. Medical/health offices (except veterinarians and ambulance services) (410);

k. Museums and art galleries (600);

l. Professional/personal service (except contractors’ yards and mortuaries) (310);

m. Repairs, alterations and maintenance services for household items (except boat repair) (340);

n. Small preschool/childcare (twelve or fewer) (510A);

o. Specialty retail supply stores (290); except thrift stores (290m);

p. Theaters (620);

q. Video rental (650).

Residential Uses.

r. Flexible density unit (FDU) housing;

s. Mixed residential and commercial/office developments involving allowed commercial uses, on the ground floor and multiple dwellings or condominiums either above the first floor or on the same lot;

t. Multiple dwellings or condominiums when ground-floor units are designed as live-work units consistent with Section 24.12.185(13) and subject to the minimum (net) land area per dwelling unit of the R-M District (830);

u. One or two multiple-family units when located above the first floor with no additional parking required (830);

v. Single-room occupancy (SRO) housing (860);

w. Small community care residential facilities;

x. Small and large family daycare homes in residential units.

Commercial Uses.

y. Off-site public/private parking facilities, five or fewer spaces (930);

z. Professional offices (400);

aa. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.

(Ord. 2022-19 § 19, 2022; Ord. 2005-30 § 4, 2005: Ord. 2002-17 § 1 (part), 2002: Ord. 97-17 § 3, 1997: Ord. 96-39 § 12, 1996: Ord. 95-04 § 2, 1995: Ord. 93-21 § 5, 1993; Ord. 89-39 § 4, 1989; Ord. 88-26 § 2, 1988; Ord. 88-25 § 9, 1988: Ord. 85-05 § 1 (part), 1985).

24.10.720 ACCESSORY USES.

Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures, and Section 24.10.730.

(Ord. 2022-19 § 19, 2022; Ord. 2002-17 § 1 (part), 2002: Ord. 93-21 § 5, 1993; Ord. 88-60 § 14, 1988: Ord. 85-05 § 1 (part), 1985).

24.10.730 USE PERMIT REQUIREMENT.

The following uses require an administrative use permit and are subject to other applicable requirements of the municipal code including the approval of a design permit for new structures when required by Section 24.08.410 (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

Uses for Active Frontage.

a. Bakery, handicrafts or similar light manufacturing and assembly uses associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area;

b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12;

c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;

d. Community organizations, associations, clubs and meeting halls (570);

e. Educational facilities (public/private) (510);

f. Government and public agencies (530);

g. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12;

h. Thrift stores (290m);

i. Veterinarians (410A);

Commercial Uses.

j. Accessory buildings containing plumbing fixtures subject to provisions of Section 24.12.140;

k. Ambulance services (410B);

l. Auto services and repair subject to performance standards in Section 24.12.900 (350);

m. Boat repairs (340D);

n. Building materials/garden supplies (220);

o. Churches (500);

p. Communication and information services (550);

q. Developed parks (710);

r. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.14.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);

s. Lodging (300);

t. Motor vehicle dealers and supplies (260);

u. Off-site public/private parking facilities, five or more spaces (930);

v. Recycling collection facilities;

w. Temporary structures and uses;

x. Undeveloped parks and open space (700);

y. Utilities and resources (540);

z. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.

The following uses require a special use permit and are subject to other applicable requirements of the municipal code including the approval of a design permit for new structures when required by Section 24.08.410. All industrial classifications from 100 to 155 shall be limited to operations that occupy less than five thousand square feet of floor area and shall comply with all performance standards listed in Part 2 of Chapter 24.14, the Environmental Resource Management provisions (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

Uses for Active Frontage.

a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);

b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B);

c. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);

d. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54;

Residential Uses.

e. Community care facilities;

Commercial Uses.

f. Carpenter, electrical, plumbing, heating, and furniture upholstery shops;

g. Contractor/building (310E);

h. Fabricated metal products (manufacturing) (150);

i. Fabricated wire products (manufacturing) (155A);

j. Food and beverage preparation (manufacturing) (100);

k. Furniture and fixtures (manufacturing) (120);

l. Hospitals (520);

m. Laboratory research experimentation, testing, software development;

n. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12;

o. Local/interurban passenger transit (bus, cab) (560B);

p. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105);

q. Mortuaries (310I);

r. Motion picture production (manufacturing) (155E);

s. Rental services (360);

t. Solar equipment (manufacturing) (155C);

u. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);

v. Stone, clay, glass products (manufacturing) (140);

w. Storage and warehouse when connected with permitted use (330);

x. Wholesale trade (nondurable goods) (200):

(a) Bakery,

(b) Confectionery,

(d) Health foods;

y. Wholesale trade (durable goods) (210):

(a) Paper products and related (210E),

(b) Special equipment (machine supply) (210F).

(Ord. 2022-19 § 19, 2022; Ord. 2022-02 § 3, 2022; Ord. 2017-21 § 3, 2017: Ord. 2017-11 § 7, 2017: Ord. 2009-20 § 1, 2009: Ord. 2005-30 § 5, 2005: Ord. 2005-15 § 9, 2005: Ord. 2004-27 § 6, 2004: Ord. 2002-17 § 1 (part), 2002: Ord. 2000-12 § 1, 2000: Ord. 97-17 § 4, 1997: Ord. 96-39 § 13, 1996: Ord. 95-04 § 3, 1995: Ord. 93-21 § 5, 1993; Ord. 89-21 § 1, 1989; Ord. 88-60 § 15, 1988; Ord. 88-26 § 3, 1988; Ord. 88-25 § 10, 1988; Ord. 87-22 § 2, 1987; Ord. 86-12 § 3, 1986: Ord. 85-05 § 1 (part), 1985).

24.10.740 USE DETERMINATION.

(Ord. 2022-19 § 19, 2022; Ord. 2002-17 § 1 (part), 2002: Ord. 93-21 § 5, 1993).

24.10.750 DISTRICT REGULATIONS.

1. General.

Provisions	Requirement
a. Height of buildings – Maximum
• Commercial-Only (stories and feet)	3 & 40
• Residential-Only (stories and feet)	3 & 40
• Additional height for mixed use with ground floor retail (stories and feet)	0 & 5
• Additional height for volumetric modular, factory-built housing (stories and feet)	0 & 2 + (1 per residential story)
• Accessory	1 & 20
b. Lot Area – Minimum (net) (sq. ft.)	5,000
c. Setbacks
• Front-yard	0 2
• Rear-yard	0 1
• Interior	0 1
• Exterior	0 1, 2
d. Open space per unit (residential only)
• Private (sq. ft.)	40
• Common (sq. ft.) and easily accessible to residential units	80
e. Distance between buildings on same lot	10

1. Except where yard abuts an R-District, then not less than the minimum yard required for the adjacent yard in the said R-District, subject also to the requirements of Section 24.12.185(9) as applicable.

2. Except where special street setback requirements for designated streets apply, then the setback shall not be less than the minimum setback listed in Section 24.12.115 for affected street.

2. Other Requirements.

a. All uses shall be conducted wholly within a completely enclosed building, except for service stations and parking facilities, or other outdoor uses when appropriately screened and as approved by the zoning administrator, or within an outdoor extension area approved pursuant to Section 24.12.192.

b. Other regulations which may be applicable to site design and this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12.

3. New development including residential units or uses, with the exception of projects consisting of one hundred percent SRO units, shall incorporate either:

a. Uses for active frontage as listed in the allowed uses for the zone along a minimum of fifty percent of the length of the site frontage; or

b. Where exclusively residential development is proposed, all ground floor units at the primary site frontage shall be developed as live-work units as defined in Section 24.12.185(13).

(Ord. 2022-19 § 19, 2022; Ord. 2002-17 § 1 (part), 2002: Ord. 93-21 § 5, 1993).

Part 9: MU-M MIXED-USE MEDIUM-DENSITY DISTRICT*

* Editor’s Note: Former Part 9 previously codified herein was repealed in its entirety by Ord. 94-33 § 34.

Editor’s Note: The provisions of this section do not apply to any land inside the Coastal Zone, and therefore have not been approved by the California Coastal Commission. These provisions are not approved for use within the Coastal Zone.

24.10.800 PURPOSE.

To promote the development of a harmonious mixture of a wide variety of commercial activities including limited industrial uses, if they are compatible and nuisance free, in conjunction with condominiums and apartments; to stabilize and protect the commercial characteristics of the district; and to promote a walkable, dynamic, and efficient environment for residents, businesses, and workers. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan. Also refer to Section 24.12.185 for design standards.

(Ord. 2022-19 § 20, 2022).

24.10.801 PRINCIPAL PERMITTED USES.

This district allows a mix of residential and commercial uses within each proposed development, or exclusively commercial development. Each new development within the zone shall incorporate active commercial uses along the site frontage per requirements of Chapter 24.12.

The following uses are permitted outright if a design permit is obtained for new structures and environmental review is conducted in accordance with city and state guidelines. Design permits are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

Uses for Active Frontage.

1. Acting/art/music/dance schools and studios (610);

2. Apparel and accessory stores (250);

3. Eating and drinking establishments (except bars, fast-food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);

4. Financial, insurance, real estate offices (420);

5. Financial services (320);

6. Food and beverage stores (except liquor and convenience stores) (240);

7. General retail merchandise (drug and department stores) (230);

8. Home furnishing stores (270);

9. Medical/health offices (except veterinarians and ambulance services) (410);

10. Museums and art galleries (600);

11. Professional/personal service (except contractors’ yards and mortuaries) (310);

12. Repairs, alterations and maintenance services for household items (except boat repair) (340);

13. Small preschool/childcare (twelve or fewer) (510A);

14. Specialty retail supply stores (290); except thrift stores (290m);

15. Theaters (620);

Residential Uses.

16. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures (830, 840);

17. Single-room occupancy (SRO) housing (860);

18. Flexible density units (FDU) housing;

19. Community care facilities including daycare (except family daycare homes), foster home, and retirement home (six or fewer persons);

20. Small and large family daycare homes in residential units;

21. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.

a. Park and recreational facilities.

b. Home occupations subject to home occupation regulations as provided in Section 24.10.160.

c. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures;

22. Supportive and transitional housing;

23. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2; however accessory dwelling units shall not be subject to approval of a design permit;

Commercial Uses.

24. Professional offices (400);

25. Communication and information services (550);

26. Community organizations, associations, clubs and meeting halls (570);

27. Educational facilities (public/private) (510);

28. Government and public agencies (530);

29. Houses of worship/religious facilities (500);

30. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.

(Ord. 2022-19 § 20, 2022).

24.10.802 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

Uses for Active Frontage.

b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12;

c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;

d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12;

e. Thrift stores (290m);

f. Veterinarians (410A);

Residential Uses.

g. Two-family dwelling if the lot area allows for only two units. New single-family development is not permitted;

h. Temporary structures and uses;

i. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;

Commercial Uses.

j. Developed parks (710);

k. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.14.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);

l. Lodging (300);

m. Off-site public/private parking facilities, five or more spaces (930);

n. Recycling collection facilities;

o. Temporary commercial structures and uses;

p. Utilities and resources (540);

q. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.

2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:

Uses for Active Frontage.

a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);

b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B);

c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12;

d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);

e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54;

Residential Uses.

f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing home, retirement home;

g. Dormitories, fraternity/sorority residence halls;

h. Health facilities for inpatient and outpatient psychiatric care and treatment;

i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit;

Commercial Uses.

j. Contractor/building (310E);

k. Fabricated metal products (manufacturing) (150);

l. Fabricated wire products (manufacturing) (155A);

m. Food and beverage preparation (manufacturing) (100);

n. Furniture and fixtures (manufacturing) (120);

o. Hospitals (520);

p. Laboratory research experimentation, testing, software development;

q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105);

r. Mortuaries (310I);

s. Motion picture production (manufacturing) (155E);

t. Rental services (360);

u. Solar equipment (manufacturing) (155C);

v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);

w. Stone, clay, glass products (manufacturing) (140);

x. Storage and warehouse when connected with permitted use (330);

y. Wholesale trade (nondurable goods) (200):

i. Bakery,

ii. Confectionery,

iii. Dairy,

iv. Health foods;

z. Wholesale trade (durable goods) (210):

i. Paper products and related (210E),

ii. Special equipment (machine supply) (210F).

(Ord. 2022-19 § 20, 2022).

24.10.803 USE DETERMINATION.

(Ord. 2022-19 § 20, 2022).

24.10.804 DISTRICT REGULATIONS.

1. General.

Provisions	Requirement
a. Height of buildings – Maximum
• Commercial-only (stories and feet)	3 & 40
• Mixed use (stories and feet)	4 & 45
• Additional height for volumetric modular, factory-built housing (stories and feet)	0 & 2 + (1 per residential story)
• Accessory	1 & 20
b. Lot area for creating new parcels – Minimum (net) (sq. ft.)	4,500
c. Floor area ratio, minimum to maximum	0.75 to 1.75
d. Required lot area per dwelling unit	1,452 (no requirement for 1-bedrooms/studios/ SROs/FDUs)
e. Setbacks
• Front yard	0**
• Rear yard	15*
• Interior side	0*
• Exterior side	8, *
f. Open space per unit (residential)
• Private (sq. ft.)	40
• Common (sq. ft.) and accessible to residential units	80
g. Distance between buildings on same lot	10

* Where a mixed-use district abuts a residential district, the setbacks for the first three stories shall be as listed, or as required for the adjacent residential district, whichever is greater. When mixed-use development is proposed, above three stories or thirty -five feet (whichever is less), a neighborhood transition plane at forty-five degrees shall apply per Section 24.12.185.

** Except where special street setback requirements for designated streets apply, then the setback shall not be less than the minimum setback listed in Section 24.12.115 for affected street.

2. Commercial uses are required with any new development proposal, and uses for active frontage must be incorporated. Development with a mix of residential and commercial development is encouraged, and residential-only development is not permitted.

3. Where mixed-use is proposed, residential and commercial uses may be mixed either horizontally on the same parcel, or vertically within the same structure. In all cases, uses for active frontage shall occupy the site frontage to the dimensions required by Section 24.12.185.

4. Residential units shall not be located on a street frontage, but may be located on the ground floor of mixed-use buildings, or on the ground floor of residential buildings on sites where a commercial or mixed-use building occupies the street frontage.

5. Other Requirements. Other regulations which may be applicable to site and building design in this zone are set forth in Chapter 24.12.

6. All new development adjacent to a “CON – Neighborhood Conservation District” Overlay Zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.

(Ord. 2022-19 § 20, 2022).

24.10.805 PARKING.

Off-street parking requirements must be fulfilled in accordance with the provisions of Chapter 24.12, Part 3, Off-Street Parking and Loading Facilities. Guest parking spaces required for residential units may also be counted toward required commercial parking.

(Ord. 2022-19 § 20, 2022).

Part 9A: MU-H MIXED-USE HIGH-DENSITY DISTRICT

24.10.810 PURPOSE.

To promote the development of a harmonious mixture of a wide variety of commercial activities that stabilize and protect the commercial characteristics of the district while also supporting a walkable, dynamic, and efficient environment for residents, businesses, and workers. Development could include limited industrial uses, if they are compatible and nuisance free in conjunction with condominiums and apartments. Also refer to Section 24.12.185 for design standards.

(Ord. 2022-18 § 13, 2022).

24.10.811 PRINCIPAL PERMITTED USES.

This district requires a mix of residential and commercial uses within each proposed development. The following uses are permitted if a design permit is obtained for new structures and environmental review is conducted in accordance with city and state guidelines. Design permits are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses).

Uses for Active Frontage.

1. Acting/art/music/dance schools and studios (610);

2. Apparel and accessory stores (250);

3. Eating and drinking establishments (except bars, fast food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);

4. Financial, insurance, real estate offices (420);

5. Financial services (320);

6. Food and beverage stores (except liquor and convenience stores) (240);

7. General retail merchandise (drug and department stores) (230);

8. Home furnishing stores (270);

9. Medical/health offices (except veterinarians and ambulance services) (410);

10. Museums and art galleries (600);

11. Professional/personal service (except contractors’ yards and mortuaries) (310);

12. Repairs, alterations and maintenance services for household items (except boat repair) (340);

13. Small preschool/childcare (twelve or fewer) (510A);

14. Specialty retail supply stores (290); except thrift stores (290m);

15. Theaters (620);

Residential Uses.

16. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures (830, 840);

17. Single-room occupancy (SRO) housing (860);

18. Flexible density units (FDU) housing;

19. Community care facilities including daycare (except family daycare homes), foster homes, and retirement homes (six or fewer persons);

20. Small and large family daycare homes in residential units;

21. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.

a. Park and recreational facilities.

b. Home occupations subject to home occupation regulations as provided in Section 24.10.160.

c. Room and board for not more than two paying guests per dwelling unit, when located within principal building.

d. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures;

22. Supportive and transitional housing;

23. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2; however, accessory dwelling units shall not be subject to approval of a design permit;

Commercial Uses.

24. Professional offices (400);

25. Communication and information services (550);

26. Community organizations, associations, clubs and meeting halls (570);

27. Educational facilities (public/private) (510);

28. Government and public agencies (530);

29. Houses of worship/religious facilities (500);

30. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.

(Ord. 2022-18 § 13, 2022).

24.10.812 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

Uses for Active Frontage.

b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12;

c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;

d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12;

e. Thrift stores (290m);

f. Veterinarians (410A);

Residential Uses.

g. Two-family dwelling if the lot area allows for only two units. New single-family development is not permitted;

h. Temporary structures and uses;

i. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;

Commercial Uses.

j. Developed parks (710);

k. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.14.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);

l. Lodging (300);

m. Off-site public/private parking facilities, five or more spaces (930);

n. Recycling collection facilities;

o. Temporary commercial structures and uses;

p. Undeveloped parks and open space (700);

q. Utilities and resources (540);

r. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.

2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:

Uses For Active Frontage.

a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);

b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B);

c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12;

d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);

e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54;

Residential Uses.

f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing homes, retirement homes;

g. Dormitories, fraternity/sorority residence halls;

h. Health facilities for inpatient and outpatient psychiatric care and treatment;

i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit;

Commercial Uses.

j. Contractor/building (310E);

k. Fabricated metal products (manufacturing) (150);

l. Fabricated wire products (manufacturing) (155A);

m. Food and beverage preparation (manufacturing) (100);

n. Furniture and fixtures (manufacturing) (120);

o. Hospitals (520);

p. Laboratory research experimentation, testing, software development;

q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105);

r. Mortuaries (310I);

s. Motion picture production (manufacturing) (155E);

t. Rental services (360);

u. Solar equipment (manufacturing) (155C);

v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);

w. Stone, clay, glass products (manufacturing) (140);

x. Storage and warehouse when connected with permitted use (330);

y. Wholesale trade (nondurable goods) (200):

i. Bakery,

ii. Confectionery,

iii. Dairy,

iv. Health foods;

z. Wholesale trade (durable goods) (210):

i. Paper products and related (210E),

ii. Special equipment (machine supply) (210F).

(Ord. 2022-18 § 13, 2022).

24.10.813 USE DETERMINATION.

(Ord. 2022-18 § 13, 2022).

24.10.814 DISTRICT REGULATIONS.

1. General.

Provisions	Requirement
a. Height of buildings – Maximum
• Commercial-only (stories and feet)	4 and 50
• Mixed use (stories and feet)	5 and 55
• Additional height for volumetric modular, factory-built housing (stories and feet)	0 and 2 + (1 per residential story)
• Accessory	1 and 20
b. Lot Area for creating new parcels – Minimum (net) (sq. ft.)	6,000
c. Floor area ratio, minimum to maximum	1.0 to 2.75
d. Minimum lot area per dwelling unit (net) (sq. ft.)	792 (no requirement for 1-bedrooms/studios/ SROs/FDUs)
• Units with two or more bedrooms	792
• Units with less than two bedrooms	No density limit
e. Setbacks
• Front yard	0**
• Rear yard	20*
• Interior	0*
• Exterior	10, *
f. Open space per unit (residential)
• Private (sq. ft.)	40
• Common (sq. ft.) and accessible to residential units	80
g. Distance between buildings on same lot	10
* Where a Mixed-Use District abuts a residential district, the setbacks for the first three stories shall be as listed, or as required for the adjacent residential district, whichever is greater. When mixed-use development is proposed, above three stories or 35 feet (whichever is less), a neighborhood transition plane at 45 degrees shall apply per Section 24.12.185. ** Except where special street setback requirements for designated streets apply, then the setback shall not be less than the minimum setback listed in Section 24.12.115 for affected street.

5. Other Requirements. Other regulations which may be applicable to site and building design in this zone are set forth in Chapter 24.12.

6. All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.

(Ord. 2022-18 § 13, 2022).

24.10.815 PARKING.

Off-street parking requirements must be fulfilled in accordance with the provisions of Chapter 24.12, Part 3, Off-Street Parking and Loading Facilities. Guest parking spaces required for the residential units may also be counted toward required commercial parking.

(Ord. 2022-18 § 13, 2022).

Part 9B: MU-OM MIXED-USE OCEAN STREET MEDIUM-DENSITY DISTRICT*

* Editor’s Note: The provisions of this section do not apply to any land inside the Coastal Zone, and therefore have not been approved by the California Coastal Commission. These provisions are not approved for use within the Coastal Zone.

24.10.820 PURPOSE.

To encourage high-quality neighborhood- and visitor-serving commercial development along Ocean Street and adjacent thoroughfares, particularly hotels and motels, while accommodating other multi-story commercial development in both exclusively commercial and medium-density mixed-use developments to promote a vibrant and pedestrian oriented environment for residents, workers and visitors consistent with the Ocean Street Area Plan. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan. Also refer to Section 24.12.185 and the Ocean Street Area Plan for design standards.

(Ord. 2022-19 § 21, 2022).

24.10.821 PRINCIPAL PERMITTED USES.

The following uses are permitted outright if a design permit is obtained for new structures and environmental review is conducted in accordance with city and state guidelines. Design permits are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

Uses for Active Frontage.

1. Acting/art/music/dance schools and studios (610);

2. Apparel and accessory stores (250);

3. Eating and drinking establishments (except bars, fast food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);

4. Financial, insurance, real estate offices (420);

5. Financial services (320);

6. Food and beverage stores (except liquor and convenience stores) (240);

7. General retail merchandise (drug and department stores) (230);

8. Home furnishing stores (270);

9. Medical/health offices (except veterinarians and ambulance services) (410);

10. Museums and art galleries (600);

11. Professional/personal service (except contractors’ yards and mortuaries) (310);

12. Repairs, alterations and maintenance services for household items (except boat repair) (340);

13. Small preschool/childcare (twelve or fewer) (510A);

14. Specialty retail supply stores (290); except thrift stores (290m);

15. Theaters (620);

Residential Uses.

16. Community care facilities including daycare (except family daycare homes), foster home, and retirement home (six or fewer persons);

17. Flexible density units (FDU) housing;

18. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures (830, 840);

19. Single-room occupancy (SRO) housing (860);

20. Small and large family daycare homes in residential units;

21. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.

a. Home occupations subject to home occupation regulations as provided in Section 24.10.160.

b. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures;

22. Supportive and transitional housing;

Commercial Uses.

24. Communication and information services (550);

25. Community organizations, associations, clubs and meeting halls (570);

26. Educational facilities (public/private) (510);

27. Government and public agencies (530);

28. Houses of worship/religious facilities (500);

29. Lodging (300);

30. Off-site public/private parking facilities, five or more spaces, when combined with another allowed use (930);

31. Professional offices (400);

32. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.

(Ord. 2022-19 § 21, 2022).

24.10.822 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

Uses for Active Frontage.

a. Bakery, handicrafts or similar light manufacturing and assembly uses and wholesale trade associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area, where retail sale or service occupies the building frontage;

b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12;

c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;

d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12;

e. Thrift stores (290m);

f. Veterinarians (410A);

Residential Uses.

g. Temporary structures and uses;

h. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;

Commercial Uses.

i. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.14.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);

j. Off-site public/private parking facilities, five or more spaces (930);

k. Recycling collection facilities;

l. Temporary commercial structures and uses;

m. Utilities and resources (540);

n. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.

2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:

Uses for Active Frontage.

a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);

b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B);

c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12;

d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);

e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54;

Residential Uses.

f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing home, retirement home;

g. Dormitories, fraternity/sorority residence halls, boardinghouses;

h. Health facilities for inpatient and outpatient psychiatric care and treatment;

i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit;

Commercial Uses.

j. Contractor/building (310E);

k. Fabricated metal products (manufacturing) (150);

l. Fabricated wire products (manufacturing) (155A);

m. Food and beverage preparation (manufacturing) (100);

n. Furniture and fixtures (manufacturing) (120);

o. Hospitals (520);

p. Laboratory research experimentation, testing, software development;

q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105);

r. Mortuaries (310I);

s. Motion picture production (manufacturing) (155E);

t. Rental services (360);

u. Solar equipment (manufacturing) (155C);

v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);

w. Stone, clay, glass products (manufacturing) (140);

x. Storage and warehouse when connected with permitted use (330);

y. Wholesale trade (nondurable goods) (200):

i. Bakery,

ii. Confectionery,

iii. Dairy,

iv. Health foods;

z. Wholesale trade (durable goods) (210):

i. Paper products and related (210E),

ii. Special equipment (machine supply) (210F).

(Ord. 2022-19 § 21, 2022).

24.10.823 USE DETERMINATION.

(Ord. 2022-19 § 21, 2022).

24.10.824 DISTRICT REGULATIONS.

1. General.

Provisions	Requirement
a. Height of buildings – Maximum
• Commercial-only (stories and feet)	3 & 45
• Mixed use (stories and feet)	3 & 40
• Additional height for volumetric modular, factory-built housing (stories and feet)	0 & 2 + (1 per residential story)
• Accessory	1 & 20
b. Height of buildings – Minimum
• Commercial or mixed use	1 & 16
• Accessory	No minimum
c. Floor area ratio, minimum to maximum	0.75 to 1.75
d. Lot area for creating new parcels – Minimum (net) (sq. ft.)	4,000
e. Required lot area per dwelling unit	1,452 (no requirement for 1-bedrooms/studios/ SROs/FDUs)
f. Setbacks
• Front yard	0**
• Rear yard	1*
• Interior	0*
• Exterior	8, *
g. Open space per unit (residential)
• Private (sq. ft.)	40
• Common (sq. ft.) and easily accessible to residential units	80
h. Distance between buildings on same lot	10

* Where a mixed-use district abuts a residential district, the setbacks for the first three stories shall be as listed, or as required for the adjacent residential district, whichever is greater. When mixed-use development is proposed, above three stories or thirty-five feet (whichever is less), a neighborhood transition plane at forty-five degrees shall apply per Section 24.12.185.

** Except where special street setback requirements for designated streets apply, then the setback shall not be less than the minimum setback listed in Section 24.12.115 for affected street.

2. Commercial uses are required with any new development proposal, and uses for active frontage must be incorporated on any Ocean Street frontage. Development with a mix of residential and commercial development is encouraged, and residential-only development is not permitted.

3. Where mixed-use is proposed, residential and commercial uses may be mixed either horizontally on the same parcel, or vertically within the same structure. In all cases, uses for active frontage shall occupy any Ocean Street frontage to the dimensions required by Section 24.12.185.

4. Residential units shall not be located on any Ocean Street frontage, but may be located on the ground floor of mixed-use buildings, or on the ground floor of residential buildings on sites where a commercial or mixed-use building occupies the Ocean Street frontage. Residential units can occupy up to fifty percent of the frontage on thoroughfares other than Ocean Street.

5. Other Requirements. Other regulations which may be applicable to site and building design in this zone are set forth in Chapter 24.12.

(Ord. 2022-19 § 21, 2022).

24.10.825 PARKING.

Off-street parking requirements must be fulfilled in accordance with the provisions of Chapter 24.12, Part 3, Off-Street Parking and Loading Facilities. Guest parking spaces required for the residential units may also be counted toward required commercial parking.

(Ord. 2022-19 § 21, 2022).

Part 9C: MU-OH MIXED-USE OCEAN STREET HIGH-DENSITY DISTRICT*

24.10.830 PURPOSE.

To encourage high-quality neighborhood- and visitor-serving commercial development along Ocean Street and adjacent thoroughfares, particularly hotels and motels, while accommodating other multi-story commercial development in both exclusively commercial and medium-density mixed-use developments within larger buildings oriented toward Ocean Street and Broadway, and using building height and massing to create a sense of place, while promoting a vibrant and pedestrian oriented environment for residents, workers and visitors consistent with the Ocean Street Area Plan. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan. Also refer to Section 24.12.185 and the Ocean Street Area Plan for design standards.

(Ord. 2022-19 § 22, 2022).

24.10.831 PRINCIPAL PERMITTED USES.

Uses for Active Frontage.

1. Acting/art/music/dance schools and studios (610);

2. Apparel and accessory stores (250);

3. Eating and drinking establishments (except bars, fast food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);

4. Financial, insurance, real estate offices (420);

5. Financial services (320);

6. Food and beverage stores (except liquor and convenience stores) (240);

7. General retail merchandise (drug and department stores) (230);

8. Home furnishing stores (270);

9. Medical/health offices (except veterinarians and ambulance services) (410);

10. Museums and art galleries (600);

11. Professional/personal service (except contractors’ yards and mortuaries) (310);

12. Repairs, alterations and maintenance services for household items (except boat repair) (340);

13. Small preschool/childcare (twelve or fewer) (510A);

14. Specialty retail supply stores (290); except thrift stores (290m);

15. Theaters (620);

Residential Uses.

16. Community care facilities including daycare (except family daycare homes), foster home, and retirement home (six or fewer persons);

17. Flexible density units (FDU) housing;

18. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures (830, 840);

19. Single-room occupancy (SRO) housing (860);

20. Small and large family daycare homes in residential units;

21. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot:

a. Home occupations subject to home occupation regulations as provided in Section 24.10.160,

b. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures;

22. Supportive and transitional housing;

Commercial Uses.

24. Communication and information services (550);

25. Community organizations, associations, clubs and meeting halls (570);

26. Educational facilities (public/private) (510);

27. Government and public agencies (530);

28. Houses of worship/religious facilities (500);

29. Lodging (300);

30. Off-site public/private parking facilities, five or more spaces, when combined with another allowed use (930);

31. Professional offices (400);

32. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.

(Ord. 2022-19 § 22, 2022).

24.10.832 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

Uses for Active Frontage.

b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12;

c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;

d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12;

e. Thrift stores (290m);

f. Veterinarians (410A);

Residential Uses.

g. Temporary structures and uses;

h. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;

Commercial Uses.

i. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.14.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);

j. Off-site public/private parking facilities, five or more spaces (930);

k. Recycling collection facilities;

l. Temporary commercial structures and uses;

m. Utilities and resources (540);

n. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.

2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:

Uses for Active Frontage.

a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);

b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B);

c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12;

d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);

e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54;

Residential Uses.

f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing home, retirement home;

g. Dormitories, fraternity/sorority residence halls, boardinghouses;

h. Health facilities for inpatient and outpatient psychiatric care and treatment;

i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit;

Commercial Uses.

j. Contractor/building (310E);

k. Fabricated metal products (manufacturing) (150);

l. Fabricated wire products (manufacturing) (155A);

m. Food and beverage preparation (manufacturing) (100);

n. Furniture and fixtures (manufacturing) (120);

o. Hospitals (520);

p. Laboratory research experimentation, testing, software development;

q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105);

r. Mortuaries (310I);

s. Motion picture production (manufacturing) (155E);

t. Rental services (360);

u. Solar equipment (manufacturing) (155C);

v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);

w. Stone, clay, glass products (manufacturing) (140);

x. Storage and warehouse when connected with permitted use (330);

y. Wholesale trade (nondurable goods) (200):

i. Bakery,

ii. Confectionery,

iii. Dairy,

iv. Health foods;

z. Wholesale trade (durable goods) (210):

i. Paper products and related (210E),

ii. Special equipment (machine supply) (210F).

(Ord. 2022-19 § 22, 2022).

24.10.833 USE DETERMINATION.

(Ord. 2022-19 § 22, 2022).

24.10.834 DISTRICT REGULATIONS.

1. General.

Provisions	Requirement
a. Height of buildings – Maximum
• Commercial-only (stories and feet)	4 & 55
• Mixed use (stories and feet)	4 & 50
• Additional height for volumetric modular, factory-built housing (stories and feet)	0 & 2 + (1 per residential story)
• Accessory	1 & 20
b. Height of buildings – Minimum
• Commercial or mixed use	1 &16
• Accessory	No minimum
c. Floor area ratio, minimum to maximum	0.75 to 1.75
d. Lot area for creating new parcels – Minimum (net) (sq. ft.)	4,000
e. Required lot area per dwelling unit	1,452 (no requirement for 1-bedrooms/studios/ SROs/FDUs)
f. Setbacks
• Front yard	0**
• Rear yard	10*
• Interior	0*
• Exterior	8, *
g. Open space per unit (residential)
• Private (sq. ft.)	40
• Common (sq. ft.) and easily accessible to residential units	80
h. Distance between buildings on same lot	10

* Where a mixed-use district abuts a residential district, the setbacks for the first three stories shall be as listed, or as required for the adjacent residential district, whichever is greater. When mixed-use development is proposed, above three stories or thirty-five feet (whichever is less), a neighborhood transition plane at forty-five degrees shall apply per Section 24.12.185.

** Except where special street setback requirements for designated streets apply, then the setback shall not be less than the minimum setback listed in Section 24.12.115 for affected street.

3. Where mixed-use is proposed, residential and commercial uses may be mixed either horizontally on the same parcel, or vertically within the same structure. In all cases, uses for active frontage shall occupy any Ocean Street frontage to the dimensions required by Section 24.12.185.

4. Residential units shall not be located on any Ocean Street frontage, but may be located on the ground floor of mixed-use buildings, or on the ground floor of residential buildings on sites where a commercial or mixed-use building occupies the street frontage. Residential units can occupy up to fifty percent of the frontage on thoroughfares other than Ocean Street.

5. Other Requirements. Other regulations which may be applicable to site and building design in this zone are set forth in Chapter 24.12.

(Ord. 2022-19 § 22, 2022).

24.10.835 PARKING.

Off-street parking requirements must be fulfilled in accordance with the provisions of Chapter 24.12, Part 3, Off-Street Parking and Loading Facilities. Guest parking spaces required for the residential units may also be counted toward required commercial parking.

(Ord. 2022-19 § 22, 2022).

Part 9D: MU-VH MIXED-USE VISITOR-SERVING HIGH-DENSITY DISTRICT

24.10.840 PURPOSE.

To encourage high-quality visitor-serving commercial development along Ocean Street and parts of Soquel Avenue, particularly hotels and motels, while accommodating other multi-story commercial development and supporting high-density housing within mixed-use developments that promote a vibrant and pedestrian oriented environment for residents, workers and visitors consistent with the Ocean Street area plan. Also refer to Section 24.12.185 and the Ocean Street area plan for design standards.

(Ord. 2022-18 § 14, 2022).

24.10.841 PRINCIPAL PERMITTED USES.

Uses for Active Frontage.

1. Acting/art/music/dance schools and studios (610);

2. Apparel and accessory stores (250);

3. Eating and drinking establishments (except bars, fast-food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);

4. Financial, insurance, real estate offices (420);

5. Financial services (320);

6. Food and beverage stores (except liquor and convenience stores) (240);

7. General retail merchandise (drug and department stores) (230);

8. Home furnishing stores (270);

9. Medical/health offices (except veterinarians and ambulance services) (410);

10. Museums and art galleries (600);

11. Professional/personal service (except contractors’ yards and mortuaries) (310);

12. Repairs, alterations and maintenance services for household items (except boat repair) (340);

13. Small preschool/childcare (twelve or fewer) (510A);

14. Specialty retail supply stores (290); except thrift stores (290m);

15. Theaters (620);

Residential Uses.

16. Community care facilities including daycare (except family daycare homes), foster homes, and retirement homes (six or fewer persons);

17. Flexible density units (FDU) housing;

18. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures (830, 840);

19. Single-room occupancy (SRO) housing (860);

20. Small and large family daycare homes in residential units;

21. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.

a. Home occupations subject to home occupation regulations as provided in Section 24.10.160.

b. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures;

22. Supportive and transitional housing;

Commercial Uses.

24. Communication and information services (550);

25. Community organizations, associations, clubs and meeting halls (570);

26. Educational facilities (public/private) (510);

27. Government and public agencies (530);

28. Houses of worship/religious facilities (500);

29. Lodging (300);

30. Off-site public/private parking facilities, five or more spaces, when combined with another allowed use (930);

31. Professional offices (400);

32. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.

(Ord. 2022-18 § 14, 2022).

24.10.842 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

Uses for Active Frontage.

b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12;

c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;

d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12;

e. Thrift stores (290m);

f. Veterinarians (410A);

Residential Uses.

g. Temporary structures and uses;

h. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;

Commercial Uses.

i. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.14.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);

j. Off-site public/private parking facilities, five or more spaces (930);

k. Recycling collection facilities;

l. Temporary commercial structures and uses;

m. Utilities and resources (540);

n. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.

2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:

Uses for Active Frontage.

a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);

b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B);

c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12;

d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);

e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54;

Residential Uses.

f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing homes, retirement homes;

g. Dormitories, fraternity/sorority residence halls, boardinghouses;

h. Health facilities for inpatient and outpatient psychiatric care and treatment;

i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit;

Commercial Uses.

j. Contractor/building (310E);

k. Fabricated metal products (manufacturing) (150);

l. Fabricated wire products (manufacturing) (155A);

m. Food and beverage preparation (manufacturing) (100);

n. Furniture and fixtures (manufacturing) (120);

o. Hospitals (520);

p. Laboratory research experimentation, testing, software development;

q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105);

r. Mortuaries (310I);

s. Motion picture production (manufacturing) (155E);

t. Rental services (360);

u. Solar equipment (manufacturing) (155C);

v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);

w. Stone, clay, glass products (manufacturing) (140);

x. Storage and warehouse when connected with permitted use (330);

y. Wholesale trade (nondurable goods) (200):

i. Bakery,

ii. Confectionery,

iii. Dairy,

iv. Health foods;

z. Wholesale trade (durable goods) (210):

i. Paper products and related (210E),

ii. Special equipment (machine supply) (210F).

(Ord. 2022-18 § 14, 2022).

24.10.843 USE DETERMINATION.

(Ord. 2022-18 § 14, 2022).

24.10.844 DISTRICT REGULATIONS.

1. General.

Provisions	Requirement
a. Height of buildings – Maximum
• Commercial-only (stories and feet)	4 and 55
• Mixed use (stories and feet)	4 and 50
• Additional height for volumetric modular, factory-built housing (stories and feet)	0 and 2 + (1 per residential story)
• Accessory	1 and 20
b. Height of buildings – Minimum
• Commercial or mixed use	1 and 16
• Accessory	No minimum
c. Floor area ratio, minimum to maximum	1.0 to 2.75
c. Lot area for creating new parcels – Minimum (net) (sq. ft.)	4,000
d. Required lot area per dwelling unit	792 (no requirement for 1-bedrooms/studios/ SROs/FDUs)
e. Setbacks
• Front yard	0**
• Rear yard	15*
• Interior	0*
• Exterior	8, *
f. Open space per unit (residential)
• Private (sq. ft.)	40
• Common (sq. ft.) and easily accessible to residential units	80
g. Distance between buildings on same lot	10
* Where a Mixed-Use District abuts a residential district, the setbacks for the first three stories shall be as listed, or as required for the adjacent residential district, whichever is greater. When mixed-use development is proposed, above three stories or 35 feet (whichever is less), a neighborhood transition plane at 45 degrees shall apply per Section 24.12.185. ** Except where special street setback requirements for designated streets apply, then the setback shall not be less than the minimum setback listed in Section 24.12.115 for affected street.

3. Where mixed-use is proposed, residential and commercial uses may be mixed either horizontally on the same parcel, or vertically within the same structure. In all cases, uses for active frontage shall occupy any Ocean Street frontage to the dimensions required by Section 24.12.185.

4. Residential units shall not be located on any Ocean Street, Water Street, or Soquel Avenue frontage, but may be located on the ground floor of mixed-use buildings, or on the ground floor of residential buildings on sites where a commercial or mixed use building occupies the street frontage. Residential units can occupy up to fifty percent of the frontage on thoroughfares other than Ocean Street, Water Street, or Soquel Avenue.

5. Other Requirements. Other regulations which may be applicable to site and building design in this zone are set forth in Chapter 24.12.

(Ord. 2022-18 § 14, 2022).

24.10.845 PARKING.

Off-street parking requirements must be fulfilled in accordance with the provisions of Chapter 24.12, Part 3, Off-Street Parking and Loading Facilities. Guest parking spaces required for the residential units may also be counted toward required commercial parking.

(Ord. 2022-18 § 14, 2022).

Part 9E: MU-VA MIXED-USE VISITOR-SERVING ADDITIONAL HEIGHT DISTRICT

24.10.850 PURPOSE.

To encourage high-quality visitor-serving commercial development as well as high-intensity residential mixed-use development along Ocean Street, Soquel Avenue, and adjacent thoroughfares, particularly hotels and motels, while accommodating other multi-story commercial development in both exclusively commercial and high-density mixed-use developments density within larger buildings oriented toward Ocean Street and Soquel Avenue, and using building height and massing to create a sense of place that promotes a vibrant and pedestrian oriented environment for residents, workers and visitors consistent with the Ocean Street area plan. Also refer to Section 24.12.185 and the Ocean Street area plan for design standards.

(Ord. 2022-18 § 15, 2022).

24.10.851 PRINCIPAL PERMITTED USES.

Uses for Active Frontage.

1. Acting/art/music/dance schools and studios (610);

2. Apparel and accessory stores (250);

3. Eating and drinking establishments (except bars, fast-food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);

4. Financial, insurance, real estate offices (420);

5. Financial services (320);

6. Food and beverage stores (except liquor and convenience stores) (240);

7. General retail merchandise (drug and department stores) (230);

8. Home furnishing stores (270);

9. Medical/health offices (except veterinarians and ambulance services) (410);

10. Museums and art galleries (600);

11. Professional/personal service (except contractors’ yards and mortuaries) (310);

12. Repairs, alterations and maintenance services for household items (except boat repair) (340);

13. Small preschool/childcare (twelve or fewer) (510A);

14. Specialty retail supply stores (290); except thrift stores (290m);

15. Theaters (620);

Residential Uses.

16. Community care facilities including daycare (except family daycare homes), foster homes, and retirement homes (six or fewer persons);

17. Flexible density units (FDU) housing;

18. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures (830, 840);

19. Single-room occupancy (SRO) housing (860);

20. Small and large family daycare homes in residential units;

21. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.

a. Home occupations subject to home occupation regulations as provided in Section 24.10.160.

b. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures;

22. Supportive and transitional housing;

Commercial Uses.

24. Communication and information services (550);

25. Community organizations, associations, clubs and meeting halls (570);

26. Educational facilities (public/private) (510);

27. Government and public agencies (530);

28. Houses of worship/religious facilities (500);

29. Lodging (300);

30. Off-site public/private parking facilities, five or more spaces, when combined with another allowed use (930);

31. Professional offices (400).

(Ord. 2022-18 § 15, 2022).

24.10.852 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

Uses for Active Frontage.

b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12;

c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;

d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12;

e. Thrift stores (290m);

f. Veterinarians (410A);

Residential Uses.

g. Temporary structures and uses;

h. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;

Commercial Uses.

i. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);

j. Off-site public/private parking facilities, five or more spaces (930);

k. Recycling collection facilities;

l. Temporary commercial structures and uses;

m. Utilities and resources (540);

n. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12.

2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:

Uses for Active Frontage.

a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);

b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B);

c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12;

d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);

e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54;

Residential Uses.

f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing homes, retirement homes;

g. Dormitories, fraternity/sorority residence halls, boardinghouses;

h. Health facilities for inpatient and outpatient psychiatric care and treatment;

i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit;

Commercial Uses.

j. Contractor/building (310E);

k. Fabricated metal products (manufacturing) (150);

l. Fabricated wire products (manufacturing) (155A);

m. Food and beverage preparation (manufacturing) (100);

n. Furniture and fixtures (manufacturing) (120);

o. Hospitals (520);

p. Laboratory research experimentation, testing, software development;

q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105);

r. Mortuaries (310I);

s. Motion picture production (manufacturing) (155E);

t. Rental services (360);

u. Solar equipment (manufacturing) (155C);

v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);

w. Stone, clay, glass products (manufacturing) (140);

x. Storage and warehouse when connected with permitted use (330);

y. Wholesale trade (nondurable goods) (200):

i. Bakery,

ii. Confectionery,

iii. Dairy,

iv. Health foods;

z. Wholesale trade (durable goods) (210):

i. Paper products and related (210E),

ii. Special equipment (machine supply) (210F).

(Ord. 2022-18 § 15, 2022).

24.10.853 USE DETERMINATION.

(Ord. 2022-18 § 15, 2022).

24.10.854 DISTRICT REGULATIONS.

1. General.

Provisions	Requirement
a. Height of buildings – Maximum
• Commercial-only (stories and feet)	6 and 75
• Mixed use (stories and feet)	6 and 70
• Additional height for volumetric modular, factory-built housing (stories and feet)	0 and 2 + (1 per residential story)
• Accessory	1 and 20
b. Height of buildings – Minimum
• Commercial or mixed use	1 and 16
• Accessory	No minimum
c. Floor area ratio, minimum to maximum	1.0 to 2.75
d. Lot area for creating new parcels – Minimum (net) (sq. ft.)	6,000
e. Required lot area per dwelling unit	792 (no requirement for 1-bedrooms/studios/ SROs/FDUs)
f. Setbacks
• Front yard	0**
• Rear yard	20*
• Interior	0*
• Exterior	10, *
g. Open space per unit (residential)
• Private (sq. ft.)	40
• Common (sq. ft.) and easily accessible to residential units	80
h. Distance between buildings on same lot	10
* Where a Mixed-Use District abuts a residential district, the setbacks for the first three stories shall be as listed, or as required for the adjacent residential district, whichever is greater. When mixed-use development is proposed, above three stories or 35 feet (whichever is less), a neighborhood transition plane at 45 degrees shall apply per Section 24.12.185. ** Except where special street setback requirements for designated streets apply, then the setback shall not be less than the minimum setback listed in Section 24.12.115 for affected street.

3. Where mixed-use is proposed, residential and commercial uses may be mixed either horizontally on the same parcel, or vertically within the same structure. In all cases, uses for active frontage shall occupy any Ocean Street frontage to the dimensions required by Section 24.12.185.

4. Residential units shall not be located on any Ocean Street or Soquel Avenue frontage, but may be located on the ground floor of mixed-use buildings, or on the ground floor of residential buildings on sites where a commercial or mixed-use building occupies the street frontage. Residential units can occupy up to fifty percent of the frontage on thoroughfares other than Ocean Street or Soquel Avenue.

5. Other Requirements. Other regulations which may be applicable to site and building design in this zone are set forth in Chapter 24.12.

(Ord. 2022-18 § 15, 2022).

24.10.855 PARKING.

Off-street parking requirements must be fulfilled in accordance with the provisions of Chapter 24.12, Part 3, Off-Street Parking and Loading Facilities. Guest parking spaces required for the residential units may also be counted toward required commercial parking.

(Ord. 2022-18 § 15, 2022).

Part 10: C-T THOROUGHFARE COMMERCIAL

24.10.900 PURPOSE.

To provide for retail, commercial, service, amusement, and transient-residential uses which are appropriate to thoroughfare location and dependent upon thoroughfare travel. New development including residential units or uses within the zone shall incorporate uses for active frontage along the site frontage. This section of the zoning ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 2022-18 § 16, 2022; Ord. 94-33 § 35, 1994: Ord. 85-05 § 1 (part), 1985).

24.10.910 PRINCIPAL PERMITTED USES.

Uses for Active Frontage.

1. Art galleries.

2. Branch banks.

3. Clothing and apparel shops.

4. Eating and drinking establishments, subject to live entertainment and alcohol regulations of Chapter 24.12.

5. Hotels, motels and bed-and-breakfast inns.

6. Medical and dental offices.

7. Professional, editorial, real estate, insurance and other general business offices.

Residential Uses.

8. Multiple dwellings and condominiums, when located either in the same lot or above first floor commercial development, subject to the minimum land area (net) per dwelling unit of the R-M District (830).

9. Small and large family daycare homes in residential units.

Commercial Uses.

10. Carpenter shop; electrical, plumbing or heating shops; furniture upholstering shop.

11. Garages for the repair of automobiles, subject to performance standards as set forth in this title for principal permitted uses in the I-G District.

12. Handicraft shops and workshops.

13. Medical, optical, and dental clinics and laboratories, not including the manufacture of pharmaceuticals or other (similar) products for general sale or distribution.

14. Mobilehome, trailer, boat, motorcycle sales and service.

15. New car sales and service.

16. Parking facilities of five or fewer spaces.

17. Plant nurseries and greenhouses.

18. Theaters.

19. Used car sales and service, auto parts and supply stores.

20. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.

(Ord. 2022-18 § 16, 2022; Ord. 2005-30 § 6, 2005: Ord. 96-39 § 14, 1996: Ord. 95-04 § 9, 1995: Ord. 88-26 § 6, 1988: Ord. 85-05 § 1 (part), 1985).

24.10.920 ACCESSORY USES.

Uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Sections 24.12.140, Accessory buildings, and 24.10.930.

(Ord. 2022-18 § 16, 2022; Ord. 88-60 § 18, 1988: Ord. 85-05 § 1 (part), 1985).

24.10.930 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

Uses for Active Frontage.

a. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12.

b. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12.

c. Souvenir and gift shops.

d. Stores, shops and general retail, subject to alcohol regulations in Part 12 of Chapter 24.12.

e. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12.

Commercial Uses.

f. Ambulance service.

g. Automatic car wash.

h. Bakery; soft-drink bottling plant; laundry, cleaning and dyeing establishment.

i. Garages for the repair of automobiles, trucks and other heavy equipment, subject to performance standards as set forth in this title for principal permitted uses in the I-G District.

j. Recycling collection facilities.

k. Small community care residential facilities.

l. Temporary structures and uses.

m. Truck, boat, trailer, farm equipment, and other heavy equipment sales, service and rental.

n. Veterinary hospitals and clinics.

o. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.

p. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.

(Ord. 2022-18 § 16, 2022; Ord. 2017-21 § 4, 2017: Ord. 2017-11 § 8, 2017: Ord. 2005-30 § 7, 2005: Ord. 2005-15 § 10, 2005: Ord. 2004-27 § 7, 2004: Ord. 2000-12 § 2, 2000: Ord. 96-39 § 15, 1996: Ord. 95-04 § 10, 1995: Ord. 89-21 § 3, 1989; Ord. 88-60 § 19, 1988; Ord. 88-26 § 7, 1988; Ord. 88-25 § 11, 1988; Ord. 87-22 § 4, 1987; Ord. 86-12 § 3, 1986: Ord. 85-05 § 1 (part), 1985).

24.10.940 USE DETERMINATION.

(Ord. 2022-18 § 16, 2022; Ord. 85-05 § 1 (part), 1985).

24.10.950 DISTRICT REGULATIONS.

1. General.

Provisions	Requirement
a. Height of buildings – Maximum
• Principal (stories and feet)	3 and 35
• Accessory	2 and 25
b. Minimum lot area (net) (sq. ft.)	5,000
c. Front yard (feet)	0
d. Rear yard (feet)	10*
e. Side yard
• Interior (feet)	0*
• Exterior (feet)	0
f. Distance between buildings on same lot (feet)	10
* Except where abutting an R-District, then not less than the minimum yard required for the adjacent yard in the said R-District.

2. Additional Requirements.

b. In any C-T District directly across a street or thoroughfare, not including a freeway, from any R-District, the parking and loading facilities shall be distant at least ten feet from the property line, and buildings and structures at least twenty feet from the street; said setback space shall be permanently landscaped.

c. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12.

(Ord. 2022-18 § 16, 2022; Ord. 85-05 § 1 (part), 1985).

Part 11: C-N NEIGHBORHOOD COMMERCIAL DISTRICT

24.10.1000 PURPOSE.

To provide commercial and service uses near residential areas for the convenience of local residents. Uses aimed at nearby customers may not require typical development standards such as vehicular parking. New development including residential units or uses within the zone shall incorporate uses for active frontage along the site frontage. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 2022-19 § 23, 2022; Ord. 94-33 § 36, 1994: Ord. 93-21 § 6, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.1010 PRINCIPAL PERMITTED USES.

1. The following uses are allowed outright, subject to other applicable requirements of the municipal code including the requirement for a design permit for new structures when required by Section 24.08.410 (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

Uses for Active Frontage.

a. Eating and drinking establishments (except bars and fast food), subject to live entertainment and alcohol regulations of Chapter 24.12 (280);

b. Financial, insurance, real estate offices (420);

c. Food, beverage stores (except liquor and convenience stores) (240);

d. Hardware stores (indoor sales only) (220A);

e. Medical/health offices (except veterinarians and twenty-four-hour clinics) (410);

f. Professional/personal service (except contractors yards and mortuaries) (310);

Residential Uses.

g. One or two multiple-family units when located above the first floor commercial use with no additional parking required (830);

h. Small and large family daycare homes in residential units;

i. Multiple dwellings and condominiums, when located either in the same lot or above first floor commercial development, subject to the minimum land area (net) per dwelling unit of the R-L District (840);

Commercial Uses:

j. Financial services (320);

k. Off-site public/private parking facilities five or fewer spaces (930);

l. Professional offices (400);

m. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.

(Ord. 2022-19 § 23, 2022; Ord. 2005-30 § 8, 2005: Ord. 96-39 § 16, 1996: Ord. 95-04 § 4, 1995: Ord. 93-21 § 6, 1993; Ord. 88-26 § 8, 1988: Ord. 85-05 § 1 (part), 1985).

24.10.1020 ACCESSORY USES.

Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures, and Section 24.10.1030.

(Ord. 2022-19 § 23, 2022; Ord. 93-21 § 6, 1993; Ord. 88-60 § 20, 1988).

24.10.1030 USE PERMIT REQUIREMENT.

1. The following uses require an administrative use permit and are subject to other applicable requirements of the municipal code including the requirement for a design permit for new structures when required by Section 24.08.410 (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

Uses for Active Frontage.

a. Acting/art/music/dance studios and schools (610);

b. Apparel and accessory stores (250);

c. General retail merchandise (drug and department stores) (230);

d. Government and public agencies (530);

e. Preschools/childcare (twelve or fewer) (510A);

f. Home furnishings (270);

g. Repair, alteration, maintenance services for household items (except boat repairs) (340);

h. Specialty retail supply stores (290);

i. Veterinarians (410A);

Residential Uses.

j. Small community care residential facilities;

Commercial Uses.

k. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;

l. Auto supply stores (260C);

m. Churches (500);

n. Community organizations, associations, clubs and meeting halls (570);

o. Educational facilities (public/private) (510);

p. Parks and open spaces (700);

q. Recycling collection facilities;

r. Temporary structures and uses;

s. Video rental (650);

t. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.

2. The following uses require a special use permit and are subject to other applicable requirements of the municipal code including the requirement for a design permit for new structures (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

Uses for Active Frontage.

a. Bars, subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);

b. Brewpubs, subject to live entertainment and alcohol regulations of Chapter 24.12;

c. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B);

d. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12;

Residential Uses.

e. Community care facilities;

f. Community care residential facilities;

Commercial Uses.

g. Auto services and repair, subject to performance standards in Section 24.12.900 (350);

h. Fast-food restaurants or drive-in eating facilities, subject to performance standards in Section 24.14.290 and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);

i. Off-site public/private parking facilities, five or more spaces (930);

j. Sports and recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);

k. Storage and warehouses with permitted retail (330).

(Ord. 2022-19 § 23, 2022; Ord. 2005-30 § 9, 2005: Ord. 2005-15 § 11, 2005: Ord. 2004-27 § 8, 2004: Ord. 96-39 § 17, 1996: Ord. 95-04 § 5, 1995: Ord. 93-21 § 6, 1993; Ord. 89-39 § 5, 1989; Ord. 89-21 § 4, 1989; Ord. 88-60 § 21, 1988; Ord. 88-26 § 9, 1988; Ord. 88-25 § 12, 1988; Ord. 87-22 § 5, 1987; Ord. 86-12 § 3, 1986: Ord. 85-05 § 1 (part), 1985).

24.10.1040 USE DETERMINATION.

(Ord. 2022-19 § 23, 2022; Ord. 93-21 § 6, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.1050 DISTRICT REGULATIONS.

1. General.

Provisions	Requirement
a. Height of buildings – Maximum
• Commercial and mixed use (stories and feet)	2 & 30
• Accessory (stories and feet)	1 & 15
b. Minimum Lot Area (net) (sq. ft.)
• Commercial or residential	5,000
• Mixed use	8,000
c. Setbacks
• Front (feet)	10 1,2
• Rear (feet)	0 1
• Side
• Interior	0 1
• Exterior	10
d. Open space per unit (Residential only)
• Private (sq. ft.)	40
• Common (sq. ft.) and easily accessible to residential units	80
e. Distance between buildings on same lot (feet)	10

1. Except where abutting an R-District, then not less than the minimum yard required for the adjacent yard in the said R-District.

2. Except where special street setback requirements for designated streets apply, then the setback shall be added to the minimum setback listed in Section 24.12.115 for affected streets.

2. Additional Setback Requirement. In any C-N District directly across a street or thoroughfare, not including a freeway, from any R-District, parking and loading facilities shall be at least ten feet distant from the property line and buildings and structures at least twenty feet from the street; said setback space shall be permanently landscaped.

3. Other Requirements.

a. All uses shall be conducted wholly within a completely enclosed building, except for parking facilities, or other outdoor uses when appropriately screened and as approved by the zoning administrator, or within an outdoor extension area approved pursuant to Section 24.12.192.

b. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12.

(Ord. 2022-19 § 23, 2022; Ord. 93-21 § 6, 1993: Ord. 85-05 § 1 (part), 1985).

Part 12: C-B BEACH COMMERCIAL DISTRICT

24.10.1100 PURPOSE.

To provide for commercial uses which are primarily coastal-dependent in nature and which serve tourists and visitors to the Santa Cruz coastal recreational areas. Also, to provide commodities and services to residents of such areas. The C-B District shall be applied only in areas designated in the General Plan and the Local Coastal Program. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 2022-19 § 24, 2022; Ord. 2000-18 § 11 (part), 2000: Ord. 94-33 § 37, 1994: Ord. 93-21 § 7, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.1110 PRINCIPAL PERMITTED USES.

1. The following uses are allowed outright, subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

Uses for Active Frontage.

a. Acting/art/music/dance schools and studios (610);

b. Apparel and accessory stores (250);

c. Eating and drinking establishments (except fast-food restaurants), subject to live entertainment and alcohol regulations of Chapter 24.12 (280);

d. Food and beverage stores (except convenience/liquor stores) (240);

e. General merchandise (drug and department stores) (230);

f. Handicraft shops and workshops;

g. Museums and art galleries (600);

h. Personal/professional services (except contractors’ yards and mortuaries) (310);

i. Specialty retail supply stores (290); except thrift stores (290m);

Residential Uses.

j. One or two multiple-family units when located above the first floor with no additional parking required (830);

k. Small and large family daycare homes in residential units;

l. Mixed residential and commercial development involving permitted or administrative uses on the ground floor and multiple dwellings or condominiums either on the same lot or above the first floor, subject to the minimum land area (net) per dwelling unit of the R-M District (830);

Commercial Uses.

m. Financial, insurance, real estate offices above first floor (420);

n. Lodging (300);

o. Marine facilities (560E);

p. Mechanical contrivances for amusement purposes, such as Ferris wheels, and roller coasters, south and east of Beach Street only;

q. Off-site public/private parking facilities, five or fewer spaces (930);

r. Professional offices above first floor (400);

s. Sports and recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);

t. Theaters (620);

u. Video rental (650);

v. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.

(Ord. 2022-19 § 24, 2022; Ord. 2005-30 § 10, 2005: Ord. 2000-18 § 11 (part), 2000: Ord. 97-17 § 5, 1997: Ord. 96-39 § 18, 1996: Ord. 95-04 § 6, 1995: Ord. 93-21 § 7, 1993; Ord. 88-26 § 10, 1988: Ord. 85-05 § 1 (part), 1985).

24.10.1120 ACCESSORY USES.

Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures, and Section 24.10.1130.

(Ord. 2022-19 § 24, 2022; Ord. 2000-18 § 11 (part), 2000: Ord. 93-21 § 7, 1993; Ord. 88-60 § 2, 1988: Ord. 85-05 § 1 (part), 1985).

24.10.1130 USE PERMIT REQUIREMENT.

1. The following uses require an administrative use permit and are subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

Uses for Active Frontage.

a. Convenience store, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B);

b. Educational facilities (public/private) (510);

c. Fish/seafood/wholesale (200F);

d. Home furnishings (270B);

e. Thrift stores (290m);

f. Professional offices associated with a visitor-serving use;

Commercial Uses.

g. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;

h. Community organizations, associations, clubs and meeting halls (570);

i. Churches (500);

j. Financial services (320);

k. Government and public agencies (530);

l. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12;

m. Parks and open spaces (700);

n. Repairs, alterations, maintenance services for household items (340);

o. Temporary structures and uses;

p. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.

2. The following uses require a special use permit and are subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

Uses for Active Frontage.

a. Bars/taverns, subject to live entertainment and alcohol regulations of Chapter 24.12;

b. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.14.290 and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);

c. Nightclubs/music halls, subject to live entertainment and alcohol regulations of Chapter 24.12 (630);

Residential Uses.

d. Group quarters (850);

Commercial Uses.

e. Off-site public/private parking facilities, five or more spaces (930);

f. Refreshment stands and vehicles, when located on private property, in locations clearly incidental and adjacent to beach, park, campgrounds, or other major recreational and tourist facilities or activities.

(Ord. 2022-19 § 24, 2022; Ord. 2005-30 § 11, 2005: Ord. 2005-15 § 12, 2005: Ord. 2004-27 § 9, 2004: Ord. 2002-02 § 1 (part), 2002: Ord. 2000-23 § 1, 2000: Ord. 2000-18 § 11 (part), 2000: Ord. 97-17 § 6, 1997: Ord. 96-39 § 19, 1996: Ord. 95-04 § 7, 1995: Ord. 93-21 § 7, 1993; Ord. 89-21 § 5, 1989; Ord. 88-60 § 23, 1988; Ord. 88-26 § 11, 1988; Ord. 87-22 § 6, 1987; Ord. 86-12 § 3, 1986: Ord. 85-05 § 1 (part), 1985).

24.10.1140 USE DETERMINATION.

(Ord. 2022-19 § 24, 2022; Ord. 2000-18 § 11 (part), 2000: Ord. 93-21 § 7, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.1150 DISTRICT REGULATIONS.

1. General.

Provisions			Requirement
a.	Height of building – maximum
	•	Commercial and mixed use (stories and feet)	3 & 40
	•	Accessory	1 & 20
b.	Lot area minimum (net) (square feet)
	•	Commercial or residential	5,000
	•	Mixed use	8,000
c.	Setbacks
	•	Front yard	02
	•	Rear yard	01
	Side yard
	•	Interior	01
	•	Exterior	0(1)(2)
d.	Open space per unit (residential only)
	•	Private (square feet)	40
	•	Common (square feet) and easily accessible to residential units	80
e.	Distance between buildings on same lot		10

1. Except where abutting an R-District, then not less than the minimum yard required for the adjacent yard in the said R-District.

2. Except where special street setback requirements for designated streets apply, then the setback shall not be less than the minimum setback listed in Section 24.12.115 for affected streets.

2. Other Requirements.

3. The following regulations are applicable to site design in the CB Zone north of Beach Street as set forth in General Site Design Standards, Part 2, Chapter 24.12, and the following:

a. Height.

a.1. Maximum Building Height. Maximum building height shall be thirty-six feet. Uninhabitable mechanical penthouses shall be limited to ten percent of the roof area and will be permitted an additional ten-foot height allowance; provided, that they are set back from the face of the building by a minimum of twenty feet so as not to be visible by pedestrians.

a.2. Minimum Building Height. Not less than two stories, of which the first floor retail, restaurant and entertainment uses must have a minimum floor-to-floor height of fifteen feet.

b.1. The design of all new structures be based upon Spanish Colonial Revival architecture as well as Mission Revival and Mediterranean architecture as described in the design guidelines. Fantasy Victorian is encouraged for recreational and entertainment development.

b.3. Building forms shall suggest thick masonry reminiscent of Spanish Colonial Revival architecture and incorporate features such as recessed doors and windows.

b.5. Roofs shall be hipped terra cotta tile roofs or flat roofs completely surrounded by a parapet. This parapet shall incorporate curvilinear decorative shapes and moldings.

b.6. Flat-roofed buildings shall incorporate porches, window overhangs, trellises, wall and opening articulation or other features to avoid a bare-box appearance.

c. Siting.

c.1. Development shall be designed to create plazas and pedestrian spaces featuring amenities such as shade, benches, outdoor dining, fountains, gardens and performance spaces.

c.2. All storefronts, theater entries, and hotel lobbies shall be located along streets, plazas, courtyards, or sidewalks in order to create visual interest to the pedestrian.

c.3. Building facades shall be articulated with wall offsets, recesses, openings, ornamentation, and appropriate colors and materials to add texture and detail to the streetscape.

d. Accessibility.

d.1. All retail uses must be directly accessible from a sidewalk, plaza, courtyard or other public open spaces.

d.2. Access must be aesthetically integrated within the development.

e. Setbacks. Development on this site should be designed to encourage and support activities which unify both sides of Beach Street. For that reason, development shall be required to build to the property line adjacent to Beach Street. Significant planter boxes and other narrowscape concepts should be used to soften this edge but provide active pedestrian access.

f. Parking.

f.1. Surface or structured parking may be constructed if the parking is visually screened and/or separated from the street by commercial development of at least fifty feet in depth.

f.2. Parking structure exteriors shall maintain the same high-quality architectural design and construction standards as all other commercial buildings.

• The large scale and mass of parking structures shall be alleviated through wall offsets, pilasters, arched openings and other distinctive design elements.

• Decorative elements such as cornices, balustrades, finish materials, colors and lighting shall be used to add interest and integrate the structures within the design character of the area.

f.3. Parking shall not be the dominant visual element of the site. Existing and/or expanded surface parking which is visible from the street or other areas exposed to public view must be screened and softened by landscaping, low screen wall or a combination of these elements.

f.4. Surface lots must be planted with trees to reduce heat and glare, that include at least fifteen percent of the surface area to provide visual relief from broad expanses of paving. Shade trees shall be planted around the perimeter and within the lot.

f.5. Off-site parking may be permitted within this subdistrict if:

• The city establishes a parking district for the area, the district develops a suitable parking facility, and the development pays an in-lieu parking fee; or

• The development identifies and develops a suitable permanent parking facility; or

• The development secures and provides evidence of a long-term lease from a suitable permanent parking facility.

g. Landscaping.

h. Transit. All development proposals within the RTC shall:

• Discourage employee automotive use by instituting one or more of the following: carpooling requirements, transit subsidies, employee shuttle service, and/or

• Provide a contribution and/or cost-sharing for shuttle and/or parking such as on the depot site.

4. New development including residential units or uses within the zone shall incorporate uses for active frontage along the site frontage.

5. All new development adjacent to a “CON – Neighborhood Conservation District” Overlay Zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.

(Ord. 2022-19 § 24, 2022; Ord. 2007-24 § 5, 2007: Ord. 2006-10 § 5, 2006: Ord. 2000-18 § 11 (part), 2000: Ord. 93-21 § 7, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.1160 FINDINGS REQUIRED.

In addition to required use and design permit findings, any development permit must also meet the following findings. The proposed project:

1. Can be coordinated with existing and proposed development of the surrounding areas, and, if appropriate, particularly addressing the issue of transition to the adjacent R-T(C) and R-T(E) neighborhoods; and

2. Shall provide the amenity level of the development, the quality of architecture, and the landscaping to meet the requirements listed above;

3. Shall be found to contribute to the overall economic health, vitality and general mix of uses in the beach area by providing diverse retail and merchandising for the area.

(Ord. 2022-19 § 24, 2022; Ord. 2000-18 § 11 (part), 2000).

Part 13: P-A PROFESSIONAL AND ADMINISTRATIVE OFFICE DISTRICT*

* Editor’s Note: Former Part 13, C-H Heavy Commercial District, previously codified herein and containing portions of Ords. 87-22 and 88-26 was repealed in its entirety by Ord. 93-21 § 8, 5-25-93.

24.10.1200 PURPOSE.

To provide a district for business and professional offices. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan. New development including residential units or uses within the zone shall incorporate uses for active frontage along the site frontage. Also refer to Part 43, Section 24.10.4300 et seq. for properties within the Mission Street Urban Design Overlay District.

(Ord. 2022-19 § 25, 2022; Ord. 2002-17 § 1 (part), 2002: Ord. 94-33 § 40, 1994: Ord. 93-21 § 9, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.1210 PRINCIPAL PERMITTED USES.

1. The following uses are allowed outright if a design permit is obtained for new structures (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

Uses for Active Frontage.

a. Financial, insurance, real estate offices (420);

b. Financial services (320);

c. Professional offices (400);

d. Professional/personal services (except contractors’ yards and mortuaries) (310);

e. Medical/health offices (except veterinarians, medical marijuana provider association dispensaries, as defined in Section 24.22.539, ambulance services and emergency medical clinics open earlier than 7:00 a.m. and later than 9:00 p.m.) (410);

f. Museums and art galleries (600);

Residential Uses.

g. Duplexes together with an allowed commercial use (820);

h. Multiple dwellings and condominiums, together with an allowed commercial use and subject to minimum land area requirements of R-M District (830);

i. One to two units above ground floor office use with no additional parking required (810);

j. Small and large family daycare homes in residential units;

Commercial Uses.

k. Off-site parking fewer than five spaces (930);

l. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.

(Ord. 2022-19 § 25, 2022; Ord. 2002-17 § 1 (part), 2002: Ord. 2000-12 § 3, 2000: Ord. 96-39 § 20, 1996: Ord. 93-21 § 9, 1993; Ord. 88-60 § 24, 1988; Ord. 88-17 § 1, 1988: Ord. 85-05 § 1 (part), 1985).

24.10.1220 ACCESSORY USES.

Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures, and Section 24.10.1230.

(Ord. 2022-19 § 25, 2022; Ord. 2002-17 § 1 (part), 2002: Ord. 88-60 § 24, 1988: Ord. 85-05 § 1 (part), 1985).

24.10.1230 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410 (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

Uses for Active Frontage.

a. Acting/art/music/dance studios and schools (610);

b. Churches (500);

c. Communication and information services (550);

d. Community organizations, associations, clubs and meeting halls (570);

e. Educational facilities (public/private) (510);

f. Government and public agencies (530);

g. Veterinarians (410A);

Residential Uses.

h. Mobile homes if lot area cannot accommodate multifamily (870);

i. Single-family residences if lot area cannot accommodate multifamily (810);

Commercial Uses.

j. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;

k. Off-site public/private parking facilities, five or more spaces (930);

l. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.

2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410 (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

Commercial Uses.

a. Community care facilities;

b. Community care residential facilities;

c. Hospitals (520);

d. Mortuaries (310I);

e. Emergency medical clinics open earlier than 7:00 a.m. and later than 9:00 p.m. (410B).

(Ord. 2022-19 § 25, 2022; Ord. 2005-15 § 13, 2005: Ord. 2004-27 § 10, 2004: Ord. 2002-17 § 1 (part), 2002: Ord. 96-39 § 21, 1996: Ord. 93-21 § 9, 1993; Ord. 89-39 § 6, 1989; Ord. 89-21 § 6, 1989; Ord. 88-60 § 25, 1988; Ord. 88-26 § 13, 1988; Ord. 88-25 § 13, 1988; Ord. 88-17 § 2, 1988; Ord. 87-22 § 7, 1987: Ord. 85-05 § 1 (part), 1985).

24.10.1240 USE DETERMINATION.

(Ord. 2022-19 § 25, 2022; Ord. 2002-17 § 1 (part), 2002: Ord. 93-21 § 9, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.1250 DISTRICT REGULATIONS.

1. General.

Provisions	Requirement
a. Height of buildings – Maximum
• Principal (stories and feet)	2 & 25
• Accessory (stories and feet)	1 & 15
b. Minimum lot area (net) (sq. ft.)	5,000
c. Front yard (feet)	10 1
d. Rear yard (feet)	5 2
e. Side yard
• Interior (feet)	0 2
• Exterior (feet)	10 1
f. Distance between buildings on same lot (feet)	10

1. Except that the front yard and the exterior side yard may be reduced to not less than six feet, for a portion not to exceed fifty percent of the building frontage, and providing that a total of ten square feet of front yard is provided for each lineal foot of total lot frontage.

2. Except where abutting an R-District, then not less than the minimum yard required for the adjacent yard in the R-District.

2. Additional Setback Requirement. In any P-A District, directly across a street or thoroughfare, not including a freeway, from any R-District, parking and loading facilities shall be distant at least ten feet from the property line and buildings and structures at least twenty feet from the street; said setback space shall be permanently landscaped.

3. Other Requirements. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12.

(Ord. 2022-19 § 25, 2022; Ord. 2002-17 § 1 (part), 2002: Ord. 93-21 § 9, 1993: Ord. 85-05 § 1 (part), 1985).

Part 14: SC-H SMALL CRAFT HARBOR DISTRICT

24.10.1300 PURPOSE.

To establish a zoning district specifically applicable to marine commercial and recreational uses located in the Port District; to provide for the review of proposed uses and new construction; to carry out the policies of the General Plan, Harbor Development Plan and Coastal Act, as incorporated in the Port District Coastal Land Use Plan; to mitigate flood hazards; to enhance and improve the overall quality, appearance and function of the Port District; to promote the harmonious relationship between harbor uses and adjacent neighborhoods. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 94-33 § 38, 1994: Ord. 85-05 § 1 (part), 1985).

24.10.1310 USE PERMIT REQUIREMENT.

The following uses are subject to approval of an administrative use permit and a design permit:

1. Commercial fish receiving facilities.

2. Construction or alteration of landscaped and parking areas.

3. Construction or alteration of harbor facilities, including boat docks, restrooms, trash enclosures, walkways, lighting, observation decks.

4. Dry boat storage and launching facilities.

5. Hoist machinery.

6. Hotels, motels, boatels.

7. Marine or visitor retail services, commercial uses and eating and drinking establishments.

8. New construction or remodeling of existing structures.

9. Sport fishing facilities.

10. Public or quasi-public buildings of recreational, educational, cultural or public utility service nature.

11. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12.

(Ord. 2004-27 § 11, 2004: Ord. 85-05 § 1 (part), 1985).

24.10.1320 USE DETERMINATION.

Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties and are consistent with the policies of the Port District Master Plan and the Local Coastal Land Use Plan, may be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.

(Ord. 2022-19 § 26, 2022; Ord. 2022-19 § 26, 2022; Ord. 85-05 § 1 (part), 1985).

24.10.1330 GENERAL REGULATIONS.

The following requirements shall apply in the SC-H District for all uses proposed, except as otherwise provided under this title:

1. Maximum building heights:

a. Principal: two stories and thirty-five feet,

b. Accessory: one story and fifteen feet;

2. Design guidelines and standards in Section 24.08.430 of this title, and in the Harbor Development Plan and Port District Land Use Plan;

3. Signs shall be subject to design permit, meeting guidelines established in Harbor Development Plan;

4. Parking standards, as adopted by Harbor Development Plan and Coastal Land Use Plan;

5. Building permit applications shall be reviewed for new construction or improvements to determine if proposed development sites are reasonably safe from flooding. If the proposed development site is in a flood hazard area, as shown on the Flood Insurance Rate Map (FIRM), then new commercial and industrial structures must comply with the regulations set forth in Environmental Resource Management, Chapter 24.14, Part 4.

6. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12.

(Ord. 85-05 § 1 (part), 1985).

Part 14A: C-D/R – COASTAL DEPENDENT/RELATED DISTRICT

24.10.1350 PURPOSE.

The purpose of the coastal dependent/ related use district (C-D/R) is to designate land in proximity of the coast for uses that rely upon a waterfront location and/or require access to coastal waters for the purpose of research or activities related to the Monterey Bay Marine Sanctuary, and which also protects resources by:

1. Implementing the goals of the city’s Local Coastal Plan and the California Coastal Act, and serving as part of the Local Coastal Implementation Plan;

2. Preserving scenic vistas by permitting development with height, setbacks and mass that will maintain the public enjoyment of waterfront views;

3. Giving highest priority and preference to uses and facilities dependent upon proximity to the water or the shorelands immediately adjacent to marine and tidal waters, or that relate to research of the Monterey Bay Sanctuary.

(Ord. 94-33 § 39, 1994: Ord. 93-25 § 1, 1993).

24.10.1360 SANTA CRUZ HARBOR DEVELOPMENT PLAN.

1. Uses shall be allowed as described in the adopted Santa Cruz Harbor Development Plan.

2. Design permits and coastal permits shall be required for specific types of projects listed in the Plan.

3. Special use permits and coastal permits shall be required when the Plan calls for such permits, or when the project varies from the project described in the Plan. The purpose of the special use permit shall be to determine conformance with Plan policies.

(Ord. 93-25 § 1, 1993).

24.10.1370 TERRACE POINT SPECIFIC PLAN.

1. Uses shall be allowed as described in the coastal dependent/related portion of the adopted Terrace Point Specific Plan.

2. Design permits and coastal permits shall be required for specific types of projects listed in the Plan.

(Ord. 93-25 § 1, 1993).

Part 15: RESERVED*

* Editor’s Note: Former Part 15, P-A Professional and Administrative Office District, previously codified herein, was repealed and reenacted as Part 13 of Chapter 24.10 by Ordinance 93-21 § 9.

Part 16: I-G GENERAL INDUSTRIAL DISTRICT

24.10.1500 PURPOSE.

To encourage sound industrial development by providing and protecting an environment for such development, subject to regulations necessary to ensure the purity of the land, air, and waters in Santa Cruz County, and the protection of nearby residential, commercial, and industrial uses of the land from hazards, noise, and other disturbances. This section of the zoning ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 2022-19 § 27, 2022; Ord. 2012-06 § 3 (part), 2012: Ord. 2012-01 § 2 (part), 2012: Ord. 2004-24 § 1 (part), 2004: Ord. 94-33 § 41, 1994: Ord. 93-21 § 10, 1993; Ord. 89-37 § 1, 1989: Ord. 85-05 § 1 (part), 1985).

24.10.1505 PRINCIPAL PERMITTED USES.

1. The following uses are allowed outright, subject to other requirements of the municipal code (numerical references at the ends of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

a. Acting/art/music/dance schools and studios (610);

b. Building materials/garden supply stores (220) with less than forty thousand square feet including indoor floor area and outdoor storage, display, or sales area. For building materials/garden supply stores of which fifty percent or more of the square footage will occupy an existing building, this threshold will be seventy-five thousand square feet including indoor floor area and outdoor storage, display, or sales areas so long as vacant, available space in existing buildings in the IG Zone exceeds four hundred thousand square feet. When the vacant, available square footage is less than four hundred thousand square feet, the forty-thousand-square-foot threshold will apply;

c. Financial, insurance, real estate offices (420);

d. Food and beverage preparation (100);

e. Furniture and fixtures (120);

f. Laboratories and related facilities for research, experimentation, testing, film processing, software development, including cannabis testing;

g. Medical/health offices/laboratories (410);

h. Millwork textile products (105);

i. Printing and publishing or lithographic shops and plants;

j. Professional offices (400);

k. Professional/personal service (except mortuaries) (310);

l. Rental service (360);

m. Repair, alterations, maintenance (except boat repairs) (340);

n. Small and large family daycare homes in residential units;

o. Start-up fabrication assembly or packaging from light metals, prepared materials, or prefabricated parts, including electrical devices if operated in an area no greater than three thousand square feet, and no hazardous materials are used during the operation;

p. Storage warehousing (330);

q. Wholesale trade durable goods (210);

r. Wholesale trade nondurable goods (200).

(Ord. 2022-19 § 27, 2022; Ord. 2017-21 § 5 (part), 2017: Ord. 2012-06 § 3 (part), 2012: Ord. 2012-01 § 2 (part), 2012: Ord. 2004-24 § 1 (part), 2004: Ord. 96-39 § 22, 1996: Ord. 93-21 § 10, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.1510 USE PERMIT REQUIREMENT.

1. The following uses require an administrative use permit and are subject to other applicable requirements of the municipal code (numerical references at the ends of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

a. Agriculture (000);

b. Auto services and repairs, including trucks, heavy equipment and auto towing, subject to performance standards in Section 24.12.900 (350);

c. Boat repairs (340D);

d. Cannabis cultivation, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;

e. Cannabis distribution and warehousing, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;

f. Cannabis manufacturing, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;

g. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;

h. Churches (500);

i. Communication and information services (550);

j. Community organizations, associations, clubs and meeting halls (570);

k. Eating and drinking establishments, subject to live entertainment and alcohol regulations of Chapter 24.12 (280);

l. Educational facilities (public/private) (510);

m. Fabricated metal products (150);

n. Food and beverage stores (except liquor and convenience stores) (240);

o. Forestry services (010);

p. Government and public agencies (530);

q. Leather tanning (110);

r. Off-site public/private parking facilities, five or more spaces (930);

s. Other manufacturing and processing industries (except bulk petroleum, scrap and waste materials) (155);

t. Parks (700);

u. Stone, clay, glass products (140);

v. Temporary structures;

w. Transportation facilities (560);

x. Utilities and resources (540);

y. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12.

2. The following uses require a special use permit and are subject to other applicable requirements of the municipal code. All industrial classifications from 125 to 145 shall comply with all performance standards listed in Part 2 of Chapter 24.14, the Environmental Resource Management provisions (numerical references at the ends of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

a. Building material/garden supply stores (220) with forty thousand square feet or more including indoor floor area and outdoor storage, display, or sales areas. For building materials/garden supply stores of which fifty percent or more of the square footage will occupy an existing building, this threshold will be seventy-five thousand square feet including indoor floor area and outdoor storage, display, or sales areas so long as vacant, available space in existing buildings in the IG Zone exceeds four hundred thousand square feet. When the vacant, available square footage is less than four hundred thousand square feet, the forty-thousand-square-foot threshold will apply;

b. Chemicals and allied products, subject to performance standards (130);

c. Group quarters (850);

d. Multiple dwellings or condominiums subject to R-M District regulations (830, 840);

e. Nightclubs/music halls, subject to live entertainment and alcohol regulations of Chapter 24.12 (630);

f. Paper and allied products subject to performance standards (125);

g. Parks and recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);

h. Primary metals and material subject to performance standards (145);

i. Rubber, plastic, miscellaneous materials and products subject to performance standards (135);

j. Single-room occupancy (SRO) housing (860) under the following conditions:

(1) The site is located within one-quarter mile (one thousand three hundred twenty feet) of a grocery store.

(2) The lot size is less than six thousand square feet.

(3) The SRO is part of a mixed-use project, sharing the site and/or building with a use that is allowed under Section 24.10.1505, Principal permitted uses, is in conformance with Section 24.10.1540(2), and complies with the following requirements:

(a) The SRO development and the mixed-use business are under one ownership.

(b) The amount of building space occupied by the nonresidential use is either at a minimum equal to the SRO or residential use or the nonresidential use occupies the entire ground floor of the development.

(4) Ambient interior noise levels can be mitigated below forty-five decibels.

(5) Air quality on and around the site, including odors resulting from adjacent land uses, is not considered a potential health hazard and/or objectionable to residential use;

k. Smoking lounges as defined in Section 24.22.748.2 and subject to the siting criteria and performance standards in Chapter 5.54;

l. Emergency shelters subject to regulations in Part 17 of Chapter 24.12.

(Ord. 2022-19 § 27, 2022; Ord. 2017-21 § 5 (part), 2017: Ord. 2012-06 § 3 (part), 2012: Ord. 2012-01 § 2 (part), 2012: Ord. 2010-15 § 1 (part), 2010; Ord. 2010-08 § 1 (part), 2010: Ord. 2009-20 § 2, 2009: Ord. 2005-30 § 12, 2005: Ord. 2005-15 § 14, 2005: Ord. 2004-27 § 12, 2004: Ord. 2004-24 § 1 (part), 2004: Ord. 2002-02 § 1 (part), 2002: Ord. 2000-12 § 4, 2000: Ord. 96-39 § 23, 1996: Ord. 95-04 § 8, 1995: Ord. 93-21 § 10, 1993; Ord. 89-37 § 2, 1989; Ord. 88-26 § 14, 1988; Ord. 87-22 § 8, 1987: Ord. 85-05 § 1 (part), 1985).

24.10.1520 ACCESSORY USES.

Uses and buildings customarily appurtenant or incidental to uses listed in Section 24.10.1510 subject to the provisions of Section 24.12.140, including service facilities such as bank ATMs, cafeterias, employee recreation centers, daycare and other similar installations; intended solely for use by the occupants of a principal permitted use or uses.

(Ord. 2022-19 § 27, 2022; Ord. 2012-06 § 3 (part), 2012: Ord. 2012-01 § 2 (part), 2012: Ord. 2004-24 § 1 (part), 2004: Ord. 93-21 § 10, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.1525 PROHIBITED USES.

1. Any manufacturing use involving the primary production of products from new materials found to be incompatible with the neighborhood or the city as a whole based on noise, odor, air quality or other adverse environmental impact shall be prohibited.

2. No use which either produces or utilizes asbestos in any manufacturing process shall be permitted.

3. Refinery of petroleum products or other industrial activities in support of off-shore oil drilling shall not be permitted.

(Ord. 2022-19 § 27, 2022; Ord. 2012-06 § 3 (part), 2012: Ord. 2012-01 § 2 (part), 2012: Ord. 2004-24 § 1 (part), 2004: Ord. 93-21 § 10, 1993; Ord. 85-47 § 5, 1985).

24.10.1530 USE DETERMINATION.

(Ord. 2022-19 § 27, 2022; Ord. 2012-06 § 3 (part), 2012: Ord. 2012-01 § 2 (part), 2012: Ord. 2004-24 § 1 (part), 2004: Ord. 93-21 § 10, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.1540 DISTRICT REGULATIONS.

1. General.

Provisions	Requirement
a. Height of buildings – Maximum
• Principal (feet)	50
• Accessory (feet)	25
b. Minimum lot area (net) (sq. ft.)	20,000
c. Front yard (feet)	20
d. Rear yard (feet)	10 2
e. Side yard
• Interior (feet)	0 1
• Exterior (feet)	10
f. Distance between buildings on same lot (feet)	10
g. Lot coverage – Maximum (percent)	80 2

1. Except where abutting the boundary of any other zoning district, then not less than the minimum yard required for the adjacent yard in said abutting zoning district.

2. Up to an additional five percent of surfaced area may be installed if that area serves as a usable outdoor employee amenity such as recreation or eating facilities, children’s play area or similar features.

2. Additional Setback Requirement. In any I-G District directly across a street or thoroughfare, not including a freeway, from any R-District, parking and loading facilities shall be at least ten feet distant from the property line, and buildings and structures at least twenty feet from the street; said setback space shall be permanently landscaped.

3. Other Requirements.

b. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12.

(Ord. 2022-19 § 27, 2022; Ord. 2012-06 § 3 (part), 2012: Ord. 2012-01 § 2 (part), 2012: Ord. 2004-24 § 1 (part), 2004: Ord. 93-21 § 10, 1993; Ord. 93-20 § 1, 1993: Ord. 85-05 § 1 (part), 1985).

Part 16A: I-G/PER: GENERAL INDUSTRIAL DISTRICT/PERFORMANCE OVERLAY ZONE

24.10.1550 PURPOSE.

The purpose of the Industrial General Performance Overlay Zone is to identify areas with unique site constraints in the city’s industrial areas and to provide the regulations necessary to allow their development and/or redevelopment in a manner which responds to the site’s constraints while stimulating appropriate economic development.

(Ord. 2005-21 § 1 (part), 2005).

24.10.1560 INTENT OF THE ZONE.

The IG/PER overlay zone is designed to accomplish the following:

(1) To permit a flexible development in response to site constraints such as historic buildings and flood plain requirements;

(2) To encourage site design which preserves historic buildings and provides a mix of employment and residential opportunities;

(3) To provide a density of development which allows mixed use development;

(4) To promote affordable housing development;

(5) To allow the change of use of existing buildings on the site that complies with the following permit requirements.

(Ord. 2005-21 § 1 (part), 2005).

24.10.1570 APPLICABILITY.

The IG/PER overlay zone shall be applied to parcels or a combination of contiguous parcels in the IG General Industrial District which are at least eight acres in area, located in a flood plain overlay district and have structures on the site listed in the City Historic Building Survey.

(Ord. 2005-21 § 1 (part), 2005).

24.10.1580 USES.

The IG/PER overlay district allows all of the uses identified in the underlying IG zone as specified in Sections 24.10.1505 through 24.10.1530, and retail uses subsidiary to the principal uses in the district.

(Ord. 2005-21 § 1 (part), 2005).

24.10.1590 DISTRICT REGULATIONS.

The district regulations of the IG Zone (Section 24.10.1540) apply to development within the IG/PER overlay zone except as follows:

(1) Maximum Building Heights: Building heights may exceed the IG District Regulations up to a maximum of four stories and sixty-five feet for mixed use projects with residential and education uses that fulfill the intent of the zone as described above.

(2) Planned Development Permit: Section of 24.08.720.10 of the planned development permit shall not apply to projects qualifying for additional building height as described above.

(Ord. 2005-21 § 1 (part), 2005).

Part 16B: IG/PER-2: GENERAL INDUSTRIAL DISTRICT/PERFORMANCE DISTRICT

24.10.1600 PURPOSE.

The purpose of this General Industrial Performance District is to modify the normal general industrial land use classifications to provide for and encourage appropriate uses for economic development of the Westside industrial lands.

(Ord. 2022-19 § 28, 2022; Ord. 2007-13 § 1 (part), 2007).

24.10.1605 PRINCIPAL PERMITTED USES.

1. The following uses are allowed outright, subject to other requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

a. Acting/art/music/dance schools and studios (610);

b. Adult school/work force training (510F);

c. Building materials/garden supply stores (220) with less than forty thousand square feet including indoor floor area and outdoor storage, display, or sales area. For building materials/garden supply stores of which fifty percent or more of the square footage will occupy an existing building, this threshold will be seventy-five thousand square feet including indoor floor area and outdoor storage, display, or sales areas so long as vacant, available space in existing buildings in the IG Zone exceeds four hundred thousand square feet. When the vacant, available square footage is less than four hundred thousand square feet, the forty-thousand-square-foot threshold will apply;

d. Communication and information services (550);

e. Financial, insurance, real estate offices (420);

f. Fabricated metal products (150);

g. Food and beverage preparation and production (100);

h. Furniture and fixtures (120);

i. Medical/health offices/laboratories, including cannabis testing (410);

j. Millwork textile products (105);

k. Other manufacturing and processing industries (except bulk petroleum, scrap and waste materials) (155);

l. Primary metals and material subject to performance standards (145);

m. Rubber, plastic, miscellaneous materials and products subject to performance standards (135);

n. Printing and publishing or lithographic shops and plants;

o. Professional offices (400);

p. Professional/personal service (except mortuaries) (310);

q. Rental service (360);

r. Repair, alterations, maintenance (including boat repairs) (340);

s. Small and large family daycare homes in residential units;

t. Start-up fabrication assembly or packaging from light metals, prepared materials, or prefabricated parts, including electrical devices;

u. Stone, clay, glass design and production (140);

v. Storage warehousing (330);

w. Technology related research and development facilities and products;

x. Wholesale trade durable goods (210);

y. Wholesale trade nondurable goods (200).

(Ord. 2022-19 § 28, 2022; Ord. 2017-21 § 6 (part), 2017: Ord. 2007-13 § 1 (part), 2007).

24.10.1610 USE PERMIT REQUIREMENT.

a. Agriculture (000);

b. Auto services and repairs, including trucks, heavy equipment and auto towing, subject to performance standards in Section 24.12.900 (350);

c. Cannabis cultivation, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;

d. Cannabis distribution and warehousing, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;

e. Cannabis manufacturing, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;

f. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;

g. Eating and drinking establishments, subject to live entertainment and alcohol regulations of Chapter 24.12 (280);

h. Forestry services (010);

i. Leather tanning (110);

j. Off-site public/private parking facilities, five or more spaces (930);

k. Temporary structures;

l. Utilities and resources (540);

m. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses require a special use permit and are subject to other applicable requirements of the municipal code. All industrial classifications from 125 to 145 shall comply with all performance standards listed in Part 2 of Chapter 24.14, the Environmental Resource Management provisions (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

b. Chemicals and allied products, subject to performance standards (130);

c. Food and beverage stores (except liquor and convenience stores) (240);

d. Government and public agencies (530);

e. Group quarters (850);

f. Multiple dwellings or condominiums subject to R-M District regulations (830, 840);

g. Paper and allied products subject to performance standards (125);

h. Parks and recreation facilities, subject to alcohol regulations in Chapter 24.12, Part 12 (720);

i. Single-room occupancy (SRO) housing (860) under the following conditions:

(1) The site is located within one-quarter mile (one thousand three hundred twenty feet) of a grocery store.

(2) The lot size is less than six thousand square feet.

(a) The SRO development and the mixed-use business are under one ownership.

(4) Ambient interior noise levels can be mitigated below forty-five decibels.

(5) Air quality on and around the site, including odors resulting from adjacent land uses, is not considered a potential health hazard and/or objectionable to residential use;

j. Transportation facilities (560).

(Ord. 2022-19 § 28, 2022; Ord. 2017-21 § 6 (part), 2017: Ord. 2016-11 § 31, 2016: Ord. 2007-13 § 1 (part), 2007).

24.10.1615 ACCESSORY USES.

1. Uses and buildings customarily appurtenant or incidental to uses listed in Section 24.10.1510 subject to the provisions of Section 24.12.140, including service facilities such as bank ATMs, cafeterias, employee recreation centers, daycare and other similar installations; intended solely for use by the occupants of a principal permitted use or uses.

2. Incidental retail sales unrelated to cannabis are a permitted use if:

a. The incidental retail sales are directly related to and supportive of a permitted or conditionally permitted use operating on the site; and

b. The incidental retail sales area occupies no more than twenty percent of the gross building floor area used or one thousand square feet, whichever is less, and occupied by the permitted or conditionally permitted use; and

c. The incidental retail sales have hours of operation similar to or less than the related permitted or conditionally permitted use except that the hours should not exceed 8:00 a.m. to 10:00 p.m.

(Ord. 2022-19 § 28, 2022; Ord. 2017-21 § 6 (part), 2017: Ord. 2007-13 § 1 (part), 2007).

24.10.1620 PROHIBITED USES.

2. No use which either produces or utilizes asbestos in any manufacturing process shall be permitted.

3. Refinery of petroleum products or other industrial activities in support of off-shore oil drilling shall not be permitted.

(Ord. 2022-19 § 28, 2022; Ord. 2007-13 § 1 (part), 2007).

24.10.1630 USE DETERMINATION.

(Ord. 2022-19 § 28, 2022).

Part 17: Repealed by Ord. 94-33 § 42

Part 18: Repealed by Ord. 94-33 § 43

Part 18A: P-K PARKS DISTRICT

24.10.1740 PURPOSE.

The purpose of the parks (PK) District is to designate sites for public parks, and to ensure that there is a compatible relationship between such parks and the surrounding area. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 94-33 § 44, 1994: Ord. 93-23 § 1, 1993).

24.10.1745 USE PERMIT REQUIREMENT.

1. The following use is subject to approval of an administrative use permit and a design permit, and limited to those areas of Delaveaga Park not designated as natural areas as defined and shown in the General Plan.

a. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12.

2. The following uses are subject to approval of a special use permit and a design permit, unless exempted by state or federal law. The intent of this section is to require a special use permit or an approved Park Master Plan at the inception of a use, to establish use and design parameters within the specified park. Depending on the level of detail of the initial use permit or Park Master Plan, subsequent review of components of the use may be limited to design review. Conditions of approval of the special use permit may specify how subsequent projects will be reviewed:

a. Public parks and recreational facilities;

b. Government and public facilities.

(Ord. 2004-27 § 13, 2004: Ord. 94-33 § 45, 1994: Ord. 93-23 § 1, 1993).

24.10.1750 DISTRICT REGULATIONS.

1. General.

Provision	Classification or Type of Use
Provision	In Commercial or Industrial Areas	Residential Areas
a. Height of buildings (feet)	50	35

2. Setbacks shall reflect those required by adjacent districts.

(Ord. 93-23 § 1, 1993).

Part 18B: P-F – PUBLIC FACILITIES DISTRICT

24.10.1760 PURPOSE.

The purpose of the Public Facilities (PF) District is to designate public buildings and facilities and to ensure that there is a compatible relationship between such uses and the surrounding area. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 2012-01 § 3 (part), 2012: Ord. 94-33 § 46, 1994: Ord. 93-24 § 1, 1993).

24.10.1765 PRINCIPALLY PERMITTED USES.

1. Emergency shelters subject to regulations in Part 17 of Chapter 24.12.

(Ord. 2012-01 § 3 (part), 2012).

24.10.1770 USE PERMIT REQUIREMENT.

1. The following use is subject to approval of an administrative use permit and a design permit, unless exempted by state or federal law:

a. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12.

2. The following uses are subject to approval of a special use permit and a design permit, unless exempted by state or federal law. The intent of this section is to require a special use permit at the inception of a use, or establish use and design parameters. Depending on the level of detail of the initial use permit, subsequent review of components of the use may be limited to design review. Conditions of approval of the special use permit may specify how subsequent projects will be reviewed.

a. Arts galleries and museums on public property;

b. Cemeteries;

c. Government facilities; local, state and federal;

d. Hospitals;

e. Libraries;

f. Schools, public;

g. Public utility;

h. Recreational facilities, publicly owned.

(Ord. 2012-01 § 3 (part), 2012: Ord. 2004-27 § 14, 2004: Ord. 93-24 § 1, 1993).

24.10.1780 USE DETERMINATION.

(Ord. 2022-19 § 29, 2022; Ord. 2012-01 § 3 (part), 2012: Ord. 93-24 § 1, 1993).

24.10.1790 DISTRICT REGULATIONS.

1. General.

Provision	Classification or Type of Use
Provision	In Commercial or Industrial Areas	Residential Areas
a. Height of buildings (feet)	50	35

2. Setbacks shall reflect those required by adjacent districts.

(Ord. 2012-01 § 3 (part), 2012: Ord. 2000-18 § 12 (part), 2000: Ord. 93-24 § 1, 1993).

Part 19: E-A EXCLUSIVE AGRICULTURAL DISTRICT

24.10.1800 PURPOSE.

To preserve in agricultural use land presently best suited to that use, and intended for eventual development in other uses pending proper timing for the economical provision of utilities, major streets, and other facilities, so that orderly development will occur. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 2022-19 § 30, 2022; Ord. 94-33 § 47, 1994: Ord. 85-05 § 1 (part), 1985).

24.10.1810 PRINCIPAL PERMITTED USES.

1. Agriculture, as defined herein;

2. Animal farm;

3. Crop and tree farming;

4. Ranch and farm dwellings incidental to a principal agricultural use;

5. Stables, barns, silos, and windmills.

(Ord. 2022-19 § 30, 2022; Ord. 85-05 § 1 (part), 1985).

24.10.1820 ACCESSORY USES.

1. Customary incidental home occupations, as provided in Section 24.10.160;

2. Guest houses and guest rooms;

3. Living quarters for persons regularly employed on the premises, but not including labor supply camps;

4. Offices incidental and necessary to the conduct of a permitted use;

5. Roadside stands, not exceeding four hundred square feet in floor area, for the sale of agricultural products grown on the premises;

6. The providing of board and room for not more than five paying guests;

7. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures, and Section 24.10.1830.

(Ord. 2022-19 § 30, 2022; Ord. 88-60 § 28, 1988: Ord. 85-05 § 1 (part), 1985).

24.10.1830 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

a. Daycare (other than family daycare homes);

b. Eating and drinking establishments;

c. Foster family homes;

d. Guest ranches;

e. Off-street parking facilities accessory and incidental to an adjacent commercial use;

f. Temporary structures;

g. Veterinary hospitals and clinics;

h. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;

i. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses are subject to approval of a special use permit and a design permit:

a. Agricultural processing plant;

b. Group care homes;

c. Helipads;

d. Institutions for children or the aged;

e. Kennels and riding stables;

f. Off-street parking facilities serving commercial districts within three hundred feet of the site;

g. Outdoor theaters, golf driving ranges, and other similar open-air commercial recreation facilities;

h. Public and private noncommercial recreation areas, buildings and facilities such as parks, country clubs, golf courses, and riding, swimming and tennis clubs;

i. Public and quasi-public buildings and uses including administrative, recreational, educational, religious, cultural, public utility or public service uses; but not including corporation yards, storage or repair yards, and warehouses;

j. Quarters, accommodation, or areas for transient labor, such as labor cabins or labor supply camps.

(Ord. 2022-19 § 30, 2022; Ord. 2010-08 § 1 (part), 2010: Ord. 2000-12 § 5, 2000: Ord. 88-60 § 29, 1988; Ord. 88-26 § 15, 1988: Ord. 85-05 § 1 (part), 1985).

24.10.1840 USE DETERMINATION.

(Ord. 2022-19 § 30, 2022; Ord. 85-05 § 1 (part), 1985).

24.10.1850 DISTRICT REGULATIONS.

1. General.

Provisions	Requirement
a. Height of buildings – Maximum
• Principal (stories and feet)	3 & 50
• Accessory (stories and feet)	2 & 25
b. Minimum lot area (net) (acres)	20
c. Lot width (feet)	500
d. Front yard (feet)	50
e. Rear yard (feet)	50
f. One side yard (feet)	20
g. Both side yards – total (feet)	50
h. Distance between buildings on same lot (feet)	20

2. Other Requirements. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12.

(Ord. 2022-19 § 30, 2022; Ord. 85-05 § 1 (part), 1985).

Part 20: OF-R OCEAN FRONT (RECREATIONAL) DISTRICT

24.10.1900 PURPOSE.

The purpose and intent of the Ocean Front (Recreational) District is to ensure the protection of coastal resources and views; to provide public access and maintenance of public use; to assure that coastal development is consistent with the Coastal Land Use Plan and General Plan; and to promote the safe occupancy and the reasonable use of lands subject to continuous erosion, such as coastal cliffs and beaches. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 94-33 § 48, 1994: Ord. 85-05 § 1 (part), 1985).

24.10.1910 PRINCIPAL PERMITTED USES.

1. Beach and surf access ways, public or private; public beach-recreation activities; but not including the use of any building or structure, other than stairways and handrails;

2. Outdoor classes, public or private; for scientific research, art, and other subjects;

3. Parking areas or lots, public or private; but not including the use of any building or structure;

4. Picnic grounds and barbecue facilities, public or private, including tables, benches, and fire pits; but not including any other structure or building;

5. Public fishing facilities;

6. Safety structures, including, but not limited to, warning signs, barricades, retaining walls, erosion control facilities, lifeguard towers built by, or under the direction of, or with special approval of the city.

(Ord. 85-05 § 1 (part), 1985).

24.10.1920 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

a. Beach, surfing and fishing equipment;

b. Fish market;

c. Identification signs, appurtenant to uses permitted on the premises;

d. Navigation aids and devices not involving the erection of a structure;

e. Walls or fences, not to exceed three and one-half feet in height;

f. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses are subject to approval of a special use permit:

a. Navigation aids and devices involving the erection of a structure;

b. Public restroom facilities;

c. Temporary structures.

(Ord. 2022-19 § 31, 2022; Ord. 85-05 § 1 (part), 1985).

24.10.1930 USE DETERMINATION.

(Ord. 2022-19 § 32, 2022; Ord. 85-05 § 1 (part), 1985).

24.10.1940 DISTRICT REGULATIONS.

1. General. With the exception of navigational aids and devices, all buildings shall have a maximum height of one story or ten feet. Yard distances shall be established as part of use permit approval.

(Ord. 85-05 § 1 (part), 1985).

Part 21: F-P FLOODPLAIN DISTRICT

24.10.2000 PURPOSE.

The purpose and intent of the Floodplain District is to protect the public health, safety, and welfare through regulations of uses in areas which are unprotected from flooding or are required to carry the flood flows of a stream. New construction in the Floodplain District is regulated so that it is protected against damage and located to avoid causing excessive increases in flood heights or velocities. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 94-33 § 49, 1994: Ord. 85-05 § 1 (part), 1985).

24.10.2010 PRINCIPAL PERMITTED USES.

1. Agriculture;

2. Crop and tree farming;

3. Nurseries.

(Ord. 85-05 § 1 (part), 1985).

24.10.2020 ACCESSORY USES.

Garages, barns, and other structures customarily appurtenant to a permitted use.

(Ord. 85-05 § 1 (part), 1985).

24.10.2030 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

a. Ranch and farm dwellings incidental to a principal agricultural use.

b. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses are subject to approval of a special use permit and a design permit:

a. Recreational facilities, bridges, roads, utility transmission lines;

b. Riding stables for the keeping of horses on sites at least five acres in size.

(Ord. 2022-19 § 33, 2022; Ord. 85-05 § 1 (part), 1985).

24.10.2040 USE DETERMINATION.

(Ord. 2022-19 § 34, 2022; Ord. 85-05 § 1 (part), 1985).

24.10.2050 DISTRICT REGULATIONS.

The following requirements will be observed in the F-P District for the type of use proposed; except as otherwise provided in this title.

1. General.

Provision	Classification or Type of Use All Uses
a. Lot Width (feet)	200
b. Minimum lot area (net) (acres)	5

2. Other Requirements.

a. Maximum height of all buildings, principal and accessory, shall be two stories or thirty-five feet. Yard distances and distance between buildings shall be established as part of use permit approval.

b. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12 and Floodplain Management, Part 4, Chapter 24.14.

c. The lowest habitable floor level of structure shall be above the flood profile level as established by the high-water mark of a one-hundred-year storm.

d. Fill incidental to a principally permitted or conditional use must be accompanied by a plan showing the uses to which the fill land will be placed, final dimensions of proposed fill, and effects on the capacity of the floodway and flood heights.

e. Environmental assessment shall be required of conditional uses to determine the requirements of the use permit that minimize hazards to public health and safety.

(Ord. 85-05 § 1 (part), 1985).

Part 22: H-O HISTORIC OVERLAY DISTRICT

24.10.2100 PURPOSE.

The purpose of this Historic Overlay District is to provide a means to preserve and enhance areas of historic, architectural, and engineering significance located within the city of Santa Cruz. The Historic Overlay District shall be used in general accord with the policies and principles of the General Plan, as specified in the Historic Preservation Plan.

(Ord. 85-05 § 1 (part), 1985).

24.10.2110 DESIGNATION.

This Historic District may be combined with any zoning district provided for in this title, Chapter 24.06. When established, the Historic Overlay District shall be shown on the zoning map following the zone designation with which it is combined, such as R-1-H, R-L-H, R-M-H, etc. When so designated, all development within said districts shall be subject to Historic Preservation provisions as set forth in Chapter 24.08, Part 10 (Historic Alteration Permit); Part 11, (Historic Demolition Permit); Section 24.12.450 (Procedure: New Construction in Historic Districts); and Chapter 24.12, Part 5 (Historic Preservation).

(Ord. 86-13 § 4, 1986: Ord. 85-05 § 1 (part), 1985).

24.10.2120 GENERAL PROVISIONS.

When the H District, is applied, the historic preservation regulations listed in Part 5, Chapter 24.12 as well as those of the district with which the H District is combined shall apply. Where a conflict occurs, the regulations set forth in Part 5, Chapter 24.12 shall apply.

(Ord. 85-05 § 1 (part), 1985).

Part 23: Repealed by Ord. 2016-11 § 32

Part 24: CENTRAL BUSINESS DISTRICT (CBD)

24.10.2300 PURPOSE.

This part implements the Land Use Plan, Development Standards and Design Guidelines of the Downtown Plan (Plan), a specific plan. It is intended to refine the Plan in the area of land use and regulations. It supports the purpose of the Plan, in the context of the General Plan, which aims to maintain downtown the urban center of the city, with the many functions a city center serves. This chapter of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

The Central Business District Zone of the Downtown Plan is divided into four subareas, in order to enhance the character of each by special consideration of the character of each. A fifth area, CBD Subdistrict E, Lower Pacific Avenue, implements the policies of the Beach and South of Laurel Plan and is separate from the Downtown Plan.

(Ord. 2017-23 § 2, 2017: Ord. 96-06 § 1, 1996: Ord. 94-33 § 51, 1994: Ord. 91-29 § 2 (part), 1991).

24.10.2301 USES, DEVELOPMENT STANDARDS AND DESIGN GUIDELINES.

Chapter 4 of the Downtown Plan, as amended, is hereby adopted by reference, and the planning and community development department shall maintain copies of the Downtown Plan in both hard copy and electronic form, for use and examination by the public. The policies and regulations set forth in Chapter 4 of the Downtown Plan shall control all uses in the CBD, Central Business District, and its four subdistricts: Pacific Avenue Retail District; Front Street Riverfront Corridor; Cedar Street Village Corridor; and North Pacific Area.

(Ord. 2022-18 § 17, 2022; Ord. 2017-23 § 3, 2017: Ord. 2009-24 § 1, 2009; Ord. 2004-29 § 1 (part), 2004: Ord. 2004-27 § 16 (part), 2004: Ord. 2000-03 § 1, 2000: Ord. 99-13 § 1, 1999: Ord. 95-09 § 1, 1995: Ord. 91-29 § 2 (part), 1991).

24.10.2305 MINIMUM LOT SIZE.

All new parcels in the CBD zone shall contain at least five thousand square feet of net lot area.

(Ord. 94-33 § 52, 1994).

24.10.2315 Repealed by Ord. 2016-04 § 7.

24.10.2320 PARKING.

1. Uses lying outside Parking District No. 1 shall comply with the off-street parking and loading facilities requirements of Part 3 of Chapter 24.12, commencing with Section 24.12.200.

2. Uses lying within Parking District No. 1 may satisfy their parking requirements by providing parking as required by Part 3 of Chapter 24.12, or by complying with the provisions of Section 24.12.290, subsection (1).

(Ord. 91-29 § 2 (part), 1991).

24.10.2330 DEMOLITION CONTROL.

The purpose of demolition control is to provide for orderly change and development of the area in accordance with the General Plan and the Downtown Plan. It is intended to provide a means whereby existing buildings and structures are evaluated for their reuse potential before demolition is allowed.

1. No demolition permit as authorized by the Uniform Building Code shall be issued unless the replacement use and any use, design or other permits, as applicable, have been approved by the city, except as provided below.

a. Where the replacement use of the site requires no building permit, a demolition permit may be issued as approved by the decision-making body in connection with its action in approving the replacement use of the site.

b. Where the replacement use requires a building permit, but there is a practical hardship in delaying the demolition permit until a valid building permit is issued, the approving body may authorize demolition before issuance of a building permit if it finds that there is a practical hardship and prior demolition is consistent with the General Plan and the Downtown Plan. The approving body may require such security as it deems necessary to assure the construction of the replacement project, and may establish time requirements for performance.

2. The decision-making body shall consider any demolition application at the time it considers any necessary permits or actions for the replacement project after demolition. It shall approve demolition after evaluating it for consistency with the General Plan and Downtown Plan, and taking into account reasonable alternatives for reuse and cost benefits to the community.

(Ord. 2017-23 § 4, 2017: Ord. 91-29 § 2 (part), 1991).

24.10.2340 OUTDOOR EXTENSION AREAS IN THE CENTRAL BUSINESS DISTRICT.

The purpose of extension areas is to enhance the pedestrian ambiance of the Central Business District and the Santa Cruz Riverwalk, by introducing uses attractive to pedestrians into the pedestrian environment, configured and arranged in ways which activate and enliven the public street and the Santa Cruz Riverwalk. These areas will encourage a sense of community and provide a tool for economic development.

1. Revocable License Required. No person shall use an extension area unless a valid revocable license to operate a business has been obtained pursuant to this part.

2. Revocable License Application. Application for a revocable license shall be made jointly by the property owner and the business operator of the business located on the property adjacent to the extension area, and shall be filed with the planning department on the appropriate application form, accompanied with the following information:

a. Name and address of the property owner and business operator. Both parties or their authorized representatives shall sign the application.

b. The expiration date of the business license of the business intending to operate the extension area.

c. For extension areas adjacent to public streets and pedestrian lanes within the Central Business District, a drawing showing the extension area in its relationship to the building, sidewalk and street, for the extension area and thirty feet along the sidewalk in either direction. The drawing shall show dimensions of the extension area, locating doorways and access points, show width of sidewalk (distance from curb to building face and property line), existing and projected pedestrian traffic movements, location of utilities that might affect or be affected by the application proposal, parking meters, bus stops, benches, trees, landscaping, trash receptacles and other street furniture, or any other potential sidewalk obstruction.

The drawing of the extension area shall show its intended use, any furniture or display stands, fixtures, signs, canopies and other overhead appurtenances, landscaping and planters, trash receptacles, and any other matter to be placed in the area.

d. For extension areas adjacent to the Santa Cruz Riverwalk, a drawing showing the extension area in its relationship to the building, the Riverwalk, for the extension area and thirty feet along the Riverwalk in either direction. The drawing shall show dimensions of the extension area, locating doorways and access points, show proposed hardscape and landscape improvements between the existing Riverwalk and the development project relating to the extension area, location of utilities that might affect or be affected by the application proposal, benches, trees, landscaping, planters, trash receptacles and other furniture, or any other potential pedestrian obstruction.

e. Other information which may be required to act on the revocable license.

3. Location and Design Requirements. Chapter 4 of the Downtown Plan describes the use, location and design requirements for extension areas.

4. Form and Conditions of Revocable License. The revocable license may be conditioned to achieve the purpose of this part. In addition to any other appropriate conditions, standard conditions shall include:

a. The revocable license shall be issued to the operator of the adjacent business, and shall not be transferable.

b. The extension area shall be permitted only in conjunction with the establishment which is operating in the adjacent building and to which the extension area is appurtenant.

c. The licensee shall notify the planning department and police department at least three working days in advance of the date work is to begin to establish the outdoor use.

d. The licensee shall take actions to assure that the use of the extension area in no way interferes with pedestrians or limits their free and unobstructed passage.

e. The extension area and all its contents shall at all times be maintained in a clean and attractive condition; all landscaping and planting shall be maintained in a presentable and healthy condition.

f. The extension area shall be operated in conformance with guidelines contained in this part, and the hours specified in the approval.

g. The extension area shall be operated in conformance with any applicable city, county or state laws.

h. Use of the extension area is approved for an indefinite term, except as it may be limited as a condition of the approval, but shall be subject to termination at any time on thirty days’ prior written notice upon a determination by the city that the public interest requires vacating the extension area, or as provided in subsection (4)(g).

i. The licensee shall meet the liability and insurance requirements of subsection (7).

5. Notice and Appeals.

a. Prior to action on an application for use of an extension area, notice shall be given to adjacent businesses and property owners within fifty feet of the proposed use. Notice shall be given at least five calendar days before action, and shall be in writing.

b. Any final action by the zoning administrator shall be appealable within ten calendar days. Appeals shall be filed with the planning and community development department, shall state the reason for appeal, and be accompanied by a fifty dollar appeal fee.

c. An appeal from a final action of the zoning administrator shall be to the zoning board, and shall follow the same procedures for appeals contained in this title.

d. Appeals from the action of the zoning board shall be made to the city council, through the city clerk, and shall follow the same procedures as contained in this title.

6. Action on the Extension Area Application.

a. If the application is complete and conforms to the requirements of this part, the application shall be heard by the zoning administrator who will conditionally approve or deny the application. The zoning administrator may continue the hearing on the application as may be appropriate.

b. In acting on the application, the zoning administrator shall take into account:

(1) The width of the sidewalk where the extension area use is proposed to be located.

(2) The design and relationship of the extension area and its use to other existing or planned uses of the street.

(3) The amount of pedestrian use of the sidewalk and the impact of the extension area use of the sidewalk.

(4) Conformance of the extension area use with the Downtown Plan.

c. Before approving an extension area use and granting a revocable license, the zoning administrator shall make the following findings:

(1) The extension area in the particular location on the sidewalk will not adversely affect the use of the public street, will implement the Downtown Plan and the General Plan, and

(2) The proposed use will not be detrimental to persons residing, visiting or working in the area, and

(3) The proposed use will conform to all relevant regulations in the municipal code, and applicable county regulations and state law.

d. Denial, Revocation or Suspension of License. The zoning administrator may deny, revoke, or suspend a license for use of an extension area if it is found:

(1) That the provisions of this part or conditions of approval have been violated.

(2) Any necessary health permit has been suspended, revoked or canceled.

(3) The licensee does not meet the insurance requirements of the license.

e. Ten days’ written notice of proposed action of denial, revocation or suspension shall be given to the property owner and holder of the revocable license.

f. Effective Date of Action.

(1) Revocation or suspension of a license on the basis of subsection (6)(d)(2) or (6)(d)(3) shall be effective upon the action. An appeal shall not stay such action.

(2) All other final actions shall become effective ten calendar days following the action, unless appealed. An appeal shall stay the action.

7. Liability and Insurance.

a. Licensee shall agree to indemnify, defend, and hold harmless the city, its officers, agents and employees, from and against any and all claims, demands, actions, damages, or judgements, including associated costs of investigation and defense, arising from any omission, fault, negligence, or other conduct of licensee in connection with licensee’s occupancy, activity, use, maintenance, or repair of the extension area.

b. Without limiting the foregoing in any way, licensee shall carry liability insurance in the amount not less than one million dollars per occurrence combined single-limit bodily injury, personal injury and property damage liability coverage.

c. Licensee shall obtain and maintain, during the term of the license, Workers’ Compensation Insurance, covering all of its employees on the premises of the extension area, with a company satisfactory to the city. Licensee shall be responsible for the insurance coverage as herein provided of all employees of said licensee.

d. Licensee shall obtain bodily injury and property damage liability insurance to cover vehicles used or maintained by it in the performance of work, with liability limits of not less than one million dollars combined single-limit per occurrence.

e. For all insurance provided above, policies shall provide that the same cannot be canceled except upon thirty days’ written notice to the city.

f. Except for Workers’ Compensation, all insurance provided shall name the city of Santa Cruz, its officers, agents and employees as additional insured and shall include cross liability in favor of the city, its officers, agents and employees.

g. A certificate of insurance shall be furnished to the city as evidence of the above coverage and conditions prior to the use of an extension area. Any statements that relieve the insurance company from liability if notice of cancellation is not provided to the city are not acceptable.

(Ord. 2017-23 § 5, 2017: Ord. 91-29 § 2 (part), 1991).

24.10.2341 OUTDOOR CURB EXTENSION AREAS.

The purpose of outdoor curb extension areas is to enhance the pedestrian ambiance of the Central Business District zone district by creating usable outdoor spaces that encourage a sense of community and that provide a tool for economic development.

1. No person shall construct or use an outdoor curb extension area unless a Design Permit has been obtained pursuant to Part 5 of Chapter 24.08 and a valid revocable license to operate a business has been obtained pursuant to Section 24.10.2340.

2. No person shall begin construction of an outdoor curb extension area without first obtaining a temporary encroachment permit to allow for construction to take place within the public right-of-way.

3. All outdoor curb extension areas shall be maintained as private spaces and the business licensed to operate the extension area shall be responsible to maintain the extension area in good condition.

4. Outdoor curb extension areas may only be constructed on streets with speed limits of twenty-five miles per hour or lower.

5. Construction Standards.

a. The extension area must be located at least one parking space or twenty feet from any corner.

b. A minimum of two parking spaces shall be maintained between each outdoor curb extension area.

c. The structure shall not be located in front of a fire hydrant, above a fire hydrant shut-off valve or over utility or manhole covers.

d. The extension area shall not replace blue zones designated for disabled parking.

e. The extension area shall not be more than six feet wide and shall provide four foot setbacks from each parking tee.

f. The extension area length may consist of two parking spaces maximum per business and the parking spaces shall be located adjacent to the front of the business.

g. Reflective elements are required at the outside corners of the structure.

h. Soft hit posts shall be installed at the outside edges of the structure.

i. The extension area shall provide all features necessary to comply with current ADA requirements.

j. Bolting or penetrating the surface of the roadway in any way shall not be permitted.

k. The platform surface shall be flush with the grade of the adjacent sidewalk with a minimum gap of one-half inch.

l. The structure shall not impede the flow of curbside drainage and shall not be constructed over a storm drain.

m. Overhead elements shall provide a minimum vertical clearance of eighty-four inches above grade.

n. The edges/railings shall be spaced appropriately to allow for the ability to see inside the extension area during all hours.

o. The edges/railings shall be designed to discourage sitting on railings.

p. The top edge of the extension area edges/railings shall be round to prevent the resting of food and drinks.

q. The exterior edge/railing shall be a minimum of thirty inches tall. If alcohol will be consumed in the extension area, the edge/railing shall be a minimum of forty-two inches tall.

r. There shall be no electrical fixtures or features within the extension area. All lighting must originate from the associated business and may not shine into the street or otherwise interfere with vehicular travel. Battery or solar powered lighting elements are permitted within the extension area.

s. All movable barriers and furniture used in the extension area shall be bolted down or shall be removed from the public right-of-way during nonoperating hours.

6. Design Criteria.

a. The outdoor curb extension area shall be an open design that allows for pedestrians on either side of the street to see into the extension area. Continuous opaque walls are not permitted.

b. The outdoor curb extension area should be designed as an extension of the sidewalk and should have multiple points of entry.

c. Outdoor curb extension areas should include permanent or movable seating.

d. The design should include ample planting areas that utilize native, drought-tolerant plants. Plantings can be used to discourage seating in areas such as the tops of walls.

e. The extension area design should utilize sustainable, locally sourced materials that are easy to maintain.

f. Signage or other advertising matter is not permitted to be installed on or within the extension area with the exception of a notice of private property/right to refuse service no greater than eleven inches by five inches in size. Sandwich board signs are prohibited at all times.

7. Operational Conditions.

a. If a business changes ownership, the new business owner must obtain a new extension license per Section 24.10.2340. A design permit may be required to recognize changes to the outdoor curb extension area.

b. The extension area shall operate consistent with the restaurant hours of operation and shall not operate past 11:00 p.m. Extension areas shall be closed or gated when not in use.

c. Outdoor entertainment is prohibited within the outdoor curb extension area.

d. The business associated with an extension area shall obtain a trespass letter with the Santa Cruz police department prior to operation of the extension area.

e. Prior to the commencement of use, security cameras shall be installed outside to cover the entire extension area and front sidewalk areas. Cameras shall be placed in positions where the exterior lighting does not bleed into the coverage.

f. Extension areas and plantings shall be maintained in good condition, free of graffiti and litter. Elements that are visually or structurally degraded shall be replaced expeditiously.

g. Patrons of the extension area shall not be permitted to sit on the edges/railings.

h. Smoking is not permitted within extension areas.

i. The extension area shall be reviewed annually by the planning department for compliance with conditions of approval and to ensure that the extension area is maintained in good condition and does not create a nuisance to pedestrians or adjacent businesses.

8. Removal.

a. The applicant, at their own expense, shall be required to remove all extension area improvements and shall restore the public right of way to the standards of the public works department if desired by the applicant or if requested by the city of Santa Cruz for utility repair and maintenance, streetscape improvements, or other improvements that interfere with the location of the extension area.

b. If the extension area is removed temporarily for streetscape or utility improvements, the applicant shall be responsible for the costs of removing, storing, and reinstalling the extension area improvements.

c. In the case of an emergency, the city may remove the extension area improvements without prior notice to the applicant. The applicant is responsible for restoring any damage to the extension area improvements.

(Ord. 2017-23 § 6, 2017).

24.10.2350 PROJECTS WITH APPROVED ZONING PERMITS.

Development projects with zoning permits approved prior to the effective date of this part may proceed to construction under the terms of earlier approvals and regulations effective at the time of approval.

(Ord. 91-29 § 2 (part), 1991).

Part 24(A): CBD SUBDISTRICT E – LOWER PACIFIC AVENUE

24.10.2360 PURPOSE.

The purpose of the Lower Pacific Avenue Subdistrict Zone is to encourage the development/redevelopment of the Lower Pacific corridor between Laurel and Front Streets as an important linkage between the Downtown and the Beach. Its intent is to extend the commercial and mixed use developments of the Downtown along Lower Pacific Avenue in a manner that is compatible with and linked to the regional tourist serving uses of the Beach.

(Ord. 2000-18 § 10 (part), 2000).

24.10.2361 PRINCIPAL PERMITTED USES.*

* Editor’s Note: This section was formerly numbered as Section 24.10.2360. Ord. 2000-18 § 10 renumbered it to be Section 24.10.2361, at which time a new Section 24.10.2360, entitled Purpose, was added.

1. The following uses are allowed outright in the Lower Pacific Avenue Subdistrict, subject to a design permit and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s Land Use Codes. Further refinement of uses within these categories can be found in the Land Use Codes, but they are not intended to be an exhaustive list of potential uses):

a. Acting/art/music/dance school and studios (610);

b. Apparel and accessory stores (250);

c. Eating and drinking establishments (excepts bars, fast food), subject to live entertainment and alcohol regulations of Chapter 24.12 (280);

d. Educational facilities (public/private) (510);

e. Food and beverage stores (except liquor and convenience stores) (240);

f. General retail merchandise (drug and department stores) (230); not exceeding 16,000 square feet per individual store;

g. Home furnishing stores (270);

h. Lodging (300);

i. Multiple dwellings or condominiums or mixed use residential and commercial developments when multiple dwelling or condominium units are located above the first floor of commercial uses, subject to the minimum land area (net) per dwelling unit of the R-M District (830, 840);

j. Museums and art galleries (600);

k. Repair, alterations, and maintenance services for household items (except boat repair) (340);

l. Small community care residential facilities;

m. Small preschool/childcare (12 or fewer) (510A);

n. Specialty retail supply stores (290);

o. Theaters (620);

p. Video rental (360B).

(Ord. 2005-30 § 13, 2005: Ord. 2005-15 § 15, 2005: Ord. 2000-18 § 10 (part), 2000: Ord. 2000-03 § 2, 2000: Ord. 99-13 § 2, 1999: Ord. 97-17 § 1, 1997: Ord. 96-06 § 2 (part), 1996).

24.10.2365 ACCESSORY USES.

Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings, and Section 24.10.730.

(Ord. 2000-18 § 10 (part), 2000: Ord. 96-06 § 2 (part), 1996).

24.10.2370 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit in the Lower Pacific Avenue Subdistrict and possibly other requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

a. Auto supply stores (260C);

b. Bakery, microbrewery (subject to alcohol regulations in Part 12 of Chapter 24.12), handicrafts or similar light manufacturing and assembly uses associated with retail sales, if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area;

c. Brewpubs, subject to alcohol regulations in Part 12 of Chapter 24.12;

d. Churches (500);

e. Communication and information services (550);

f. Community organizations, associations, clubs, and meeting halls (570);

g. Developed parks (710);

h. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.14.290 and subject to alcohol regulations in Part 12 of Chapter 24.12 and Section 24.14.290 (280H);

i. Financial, insurance, real estate offices (420);

j. Financial services (320);

k. Flexible density unit (FDU) housing (fifteen units or less) as part of a mixed-use project;

l. Foster family homes;

m. Government and public agencies (530);

n. Medical/health offices (except veterinarians and ambulance services) (410);

o. Off-site public/private parking facilities (930);

p. Professional offices (400);

q. Professional/personal services (except contractors’ yards and mortuaries) (310);

r. Recycling collection facilities;

s. Sports, recreation and entertainment facilities subject to alcohol regulations in Part 12 of Chapter 24.12 (720);

t. Temporary structures and uses;

u. Utilities and resources (540);

v. Veterinarians (410A);

w. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12.

2. The following uses are subject to approval of a special use permit and design permit in the Lower Pacific Avenue Subdistrict and possibly other requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

a. Bar and cocktail lounges, subject to alcohol regulations in Part 12 of Chapter 24.12 (280C);

b. Community care facilities;

c. Community care residential facilities;

d. Contractor/building (310E);

e. Convenience/liquor stores, subject to alcohol regulations of Part 12 of Chapter 24.12 (240B);

f. Flexible density unit (FDU) housing (sixteen units or more) as part of a mixed-use project;

g. Nightclubs (amplified live entertainment), subject to alcohol regulations of Part 12 of Chapter 24.12 (630);

h. Single-room occupancy (SRO) (860);

i. General retail merchandise (drug and department stores) exceeding sixteen thousand square feet (230);

j. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.

(Ord. 2022-02 § 4, 2022; Ord. 2009-20 § 3, 2009: Ord. 2004-27 § 15, 2004: Ord. 2000-18 § 10 (part), 2000: Ord. 2000-03 § 3, 2000: Ord. 99-13 § 3, 1999: Ord. 97-17 § 2, 1997: Ord. 96-35 § 1, 1996: Ord. 96-06 § 2 (part), 1996).

24.10.2375 USE DETERMINATION.

(Ord. 2022-19 § 35, 2022; Ord. 2000-18 § 10 (part), 2000: Ord. 96-06 § 2 (part), 1996).

24.10.2380 LOWER PACIFIC AVENUE SUBDISTRICT REGULATIONS.

1. Height and Stepback Requirements. The maximum height of development throughout this subarea shall be 35 feet or three stories with a minimum height of two stories for buildings along Pacific Avenue. Provision for sloping roofs and mechanical penthouses will be allowed to a maximum height of 40 feet, provided that penthouses are stepped back at least 20 feet out of sight from pedestrian view. The second story shall be at least 50% of the first floor and shall be located toward the street frontage.

2. Build to Lines and Setbacks. New development along Pacific Avenue shall be set back from the property line to create a side-walk depth of at least 12 feet. New development along Front Street shall be set back from the property line to create a sidewalk depth of at least 10 feet. Additional setbacks are permitted to provide landscaped or paved extensions of the side-walk area, gardens, out-door seating, or cafes. No side yard setbacks are required. Building design at the corners of Pacific Avenue and Front Street should include strong architectural elements (such as a tower) at the corners to emphasize the entrance to Pacific Avenue.

3. Parking. Parking requirements set forth in Part 3 of Chapter 24.12 of the Zoning Ordinance shall apply, with the exception noted in subsection (c) below.

a. Surface parking lots within the South of Laurel subarea shall be well landscaped, and parking shall be visibly screened from the public sidewalk with low walls, planters, or hedges, and shall comply with other landscaping requirements of the zoning regulations.

b. Surface parking should be located to the rear of buildings or facing side streets. Driveways should be consolidated as much as possible, and cooperative easements should be formed to allow parking access at the rear of buildings.

c. Parking Waiver Provision. Undeveloped lots, 40 feet in width or less located along Lower Pacific Avenue, may meet established parking requirements off-site, based on specific building permit review and approval, identification of receiving parking resource, and payment of a yearly parking deficiency fee. The fee structure may reflect the deficiency fees established for the adjacent CBD.

4. All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.

(Ord. 2000-18 § 10 (part), 2000: Ord. 96-06 § 2 (part), 1996).

24.10.2385 LOWER PACIFIC AVENUE DESIGN GUIDELINES.

1. Storefront Treatment. The ground-level treatment of buildings and parking structures within the Lower Pacific Avenue subarea should generally comply with the guidelines for the Pacific Avenue retail subarea listed on pages 41 through 45 of the Downtown Plan, in terms of: storefront access, transparency, and variation; and the use of landscaping, awnings, and canopies. However, it is recognized that the Lower Pacific Avenue subarea has a more informal character than Pacific Avenue, and as such, more variation of ground-level treatment is envisioned and encouraged. The use of porches and terraced gardens as an intermediate space between the ground floor use and the sidewalk is permitted, as long as the finished floor elevation of the ground floor use is not more than four feet above or below the sidewalk level and accessibility requirements are met.

2. Ground Level Residential. Within the Lower Pacific Avenue subarea, ground level residential uses are permitted in all areas and floors. Direct access between individual units and the street is strongly encouraged through the uses of porches and front “stoops.”

3. Upper Level Facade Treatment. The treatment of upper level facades should generally comply with the guidelines of the Pacific Avenue retail district in terms of building rhythm, corner treatment, windows, roof treatment, building materials, colors, and planting. In recognition, however, of the area’s village character, several special conditions are noted:

a. Architectural Elements. The use of architectural elements that promote the village character of the street is encouraged. Such elements could include, sloping roofs, chimneys, bay windows, dormers, recessed loggias, balconies, and porches.

b. Articulations. Faces should be highly articulated and varied; the introduction of moldings and trims, and changes in horizontal and vertical planes are strongly encouraged to create visual interest and variation in light and shadow. Residential development should be highly articulated and expressive of the individual units within the complex.

c. Wood. Building material can be more diverse and residential in character than those recommended for the Pacific Avenue District. The use of wood as a siding material is encouraged.

d. Flowers and Planting. The use of significant planters, trellises, and topiary treatment of buildings is encouraged to further enliven the area and to promote its unique village qualities.

4. Parcels that are undeveloped at the time of the ordinance shall be well maintained; including landscaping and/or appropriate screening subject to the approval of the director of planning at the street frontages, within six months of adoption of the ordinance codified in this part.

(Ord. 2022-19 § 36, 2022; Ord. 2000-18 § 10 (part), 2000: Ord. 96-06 § 2 (part), 1996).

Part 25: SP-O SHORELINE PROTECTION OVERLAY DISTRICT

24.10.2400 PURPOSE.

The purpose of the Shoreline Protection Overlay District is to preserve and protect the coastal and environmental resources in the city of Santa Cruz. It is furthermore intended that the Shoreline Protection Overlay District accomplish the following: minimize cut, fill, earthmoving, riprap placement, grading operations, and other such man-made intrusions in coastal areas; to control erosion; to protect development from geological or other coastal related hazards; to protect public views; to protect and enhance shoreline access for the public; to protect paleontological resources; to generally implement the policies of the Local Coastal Land Use Plan. This district lies generally between the sea and the first public road paralleling the sea, or within three hundred (300) feet of the mean high tide line of the sea, whichever is the greater distance. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 94-33 § 53, 1994: Ord. 85-05 § 1 (part), 1985).

24.10.2410 GENERAL PROVISIONS.

Any proposed exterior construction or remodeling resulting in increased building height, earthmoving, riprap or shoreline alteration, or land alteration activity, or other exterior coastal development activity shall be subject to a coastal permit. Coastal permit exemptions and categorical exclusions may be set forth in resolution by the city council which reflects only those developments identified by Coastal Act, Section 30610 and applicable Commission regulations; and which will go into effect after approval by the Coastal Commission.

(Ord. 85-05 § 1 (part), 1985).

24.10.2420 HEARING BODY REVIEW.

Prior to issuing a coastal permit in the Shoreline Protection Overlay District, the hearing body must find that the coastal development or other activity is consistent with the purposes of this part, the General Plan and the Local Coastal Land Use Plan. If the coastal development involves other permits, the appropriate hearing body shall consider all permits concurrently.

(Ord. 85-05 § 1 (part), 1985).

24.10.2430 REVIEW CRITERIA.

Before approving a coastal permit in the Shoreline Protection Overlay District, the hearing body must find that the proposed development will:

1. Protect trees and vegetation and sensitive wildlife habitat;

2. Be consistent with the following criteria for bluff or cliff development:

a. The development is sited and designed to assure stability and structural integrity of its expected economic life span and minimize alterations to natural land forms.

b. The development will not create or contribute significantly to problems of erosion or geologic instability on the site or on surrounding geologically hazardous areas.

c. The development minimizes alteration of cliffs, bluff tops, faces or bases, and will not interfere with sand movement.

d. The development which proposes use of retaining walls shall be allowed only to stabilize slopes. Sea walls at the toe of sea cliffs to check marine erosion shall be allowed only where there is no less environmentally damaging alternative.

e. The development within one hundred feet of any cliff or bluff line shall follow the recommendations of an approved geologic report by a registered geologist. The area where such a report is required may be increased where the issue of slope stability requires a greater distance from any cliff or bluff line.

3. Provide maximum erosion protection, using accepted engineering practices and other methods and specifications set forth in this title;

4. Maintain public view corridors between the sea and the first public roadway parallel to the sea and maintain natural views of the coastline;

5. Protect paleontological resources as prescribed in the Land Use Plan;

6. Protect and enhance free public access to or along the beach, and sign such access when necessary;

7. Include mitigation measures prescribed in any applicable environmental document;

8. Be compatible with the established physical scale of the area;

9. Be consistent with the design review guidelines of this title and the policies of any applicable area plan;

10. Be consistent with the policies of the Local Coastal Program, the General Plan, and the California Coastal Act.

(Ord. 85-05 § 1 (part), 1985).

24.10.2440 APPEALS.

Coastal development applications within the Shoreline Protection Overlay District may be appealed to the State Coastal Commission in accordance with the coastal appeal procedures established in Section 24.04.186 in this title.

(Ord. 85-05 § 1 (part), 1985).

Part 26: CZ-O COASTAL ZONE OVERLAY DISTRICT

24.10.2500 PURPOSE.

The Coastal Zone District is an Overlay Zone, the boundaries of which are determined by the California Coastal Act of 1976. The purpose of the Coastal Zone is to provide a means of carrying out the policies of the Coastal Act and the city’s Local Coastal Land Use Plan. Within the Coastal Zone is an area which requires further, special consideration. The SP-O Shoreline Protection Overlay District is a subdistrict of the Coastal Zone Overlay, immediately adjacent to the ocean where certain Coastal Act policies are particularly significant and require special review. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 94-33 § 54, 1994: Ord. 85-05 § 1 (part), 1985).

24.10.2510 GENERAL.

A coastal permit shall be required of all development in the Coastal Zone District in addition to other permits required by the. Zoning Ordinance or Municipal Code, except as herein excluded in exception provisions, Section 24.10.2520. The regulations of the Coastal Zone Overlay and Shoreline Protection Overlay apply in addition to underlying zones and their regulations.

(Ord. 85-05 § 1 (part), 1985).

24.10.2520 EXEMPTIONS.

Because not all development in the Coastal Zone has bearing on the purpose and goals of the Coastal Act, certain coastal development types and areas may be exempted from the requirements of a coastal permit. These exemptions and categorical and/or geographical exclusions shall be those set forth by the city council, and will go into effect after approval by the Coastal Commission.

(Ord. 85-05 § 1 (part), 1985).

Part 27: MIXED USE OVERLAY DISTRICT

24.10.2600 PURPOSE.

The purpose of the Mixed Use Overlay District is to promote the General Plan policy for mixed use and live work development opportunities within the city, by establishing an overlay zone that may be applied to multifamily residential districts that are located on arterial streets or in areas appropriate for mixed use developments.

(Ord. 96-07 § 1 (part), 1996).

24.10.2610 APPLICABILITY.

These regulations may be adopted as an overlay district over existing multifamily zones that are on arterial streets or in more urbanized areas of the city. Implementation of this district will be initiated by the city, to ensure that a logical district is formed. Individual requests will be considered, but adoption of this zone for single parcels will not be granted.

(Ord. 96-07 § 1 (part), 1996).

24.10.2620 DISTRICT REGULATIONS.

(1) Residential components of mixed use projects must be the predominant use of the property with at least fifty percent of the buildings’ square footage or lot area to be allocated to residential uses. Within the R-L District, commercial uses shall be limited to the uses in the C-N zoning district (Section 24.10.1000); for the R-M and R-H districts, commercial uses shall be limited to the uses listed in the C-C zoning district (Section 24.10.700). All retail commercial and restaurant uses must be located on the ground floor; service and office uses may occupy the ground and second floors.

(2) A special use permit shall be required for all mixed use projects developed under these guidelines. The project shall establish the mix of uses within the commercial sections of the project. Once the project is constructed, replacement commercial uses must follow the established processes for those uses listed in the appropriate commercial district.

(3) The underlying zoning district shall establish the basic parameters of the building design including setbacks, density, building height and floor area ratio.

(Ord. 96-07 § 1 (part), 1996).

24.10.2630 PARKING.

Off-street parking requirements must be fulfilled for each use in accordance with the provisions of Chapter 24.12 Part 3, Off-Street Parking and Loading Facilities. Guest parking spaces required for the residential project may also be counted as required commercial parking. Further parking reductions may be granted mixed use developments by utilizing the cooperative parking provisions listed in subsection (4) of Section 24.12.290, as long as a parking plan described in subsection (3) of Section 24.12.290 is prepared.

(Ord. 96-07 § 1 (part), 1996).

24.10.2635 SIGNS.

Signage shall be limited to individual wall signs that have a maximum area of twenty-five square feet. Units on corners may have two signs. A monument sign may be constructed for the entire complex, consistent with the city’s sign regulations.

(Ord. 96-07 § 1 (part), 1996).

24.10.2640 DESIGN GUIDELINES.

(1) Projects developed under this part will require a design permit pursuant to Chapter 24.08 Part 5 subject to the following findings:

(a) The design should provide for variety in building height and building design.

(b) The facades of the buildings shall be designed so as to give individual identity to each vertical module of units using techniques such as providing a deep notch (in plan) between the modules; varying architectural elements between units (e.g., window color, roof shape, window shape, stoop detail, railing type); varying color of each individual module within a harmonious palette of colors, etc.

(c) Building design must avoid large, blank or monotonous surfaces; rather, design should include sufficient detailing, texture, color differentiation and three-dimensional articulation to create appropriately scaled, interesting structures. Special architectural features that relieve flatness of facade such as recessed windows with authentic muntins, architectural trim with substantial depth and detail, bay windows, window boxes, dormers, entry porches, etc., are necessary.

(d) Commercial facades of mixed use projects should be divided into shorter segments or modules. Modules along street frontages should be a maximum of fifty feet long and should be separated by changes in building mass or facade treatment, such as projected entrance windows, roof form or other architectural features. Special architectural features such as gables, turrets, and towers, should accent buildings at the main entrance, adjacent to driveways or at building corners.

(e) Commercial facilities in mixed use projects should be oriented to the street, with parking generally located in the rear or side of buildings. The perimeter of parking areas and driveways adjacent to streets and sidewalks shall be screened with an attractive low wall, berm, fence or landscaping. Parking lot entrances shall be minimized as much as possible to minimize conflicts.

(f) Clear pedestrian access shall be provided in the form of walkways; clear access points shall be provided for commercial space and residential units. If pedestrian access ways cannot be separated from parking bays and/or circulation aisle, they must be distinguished by a different paving material. Access should be available through buildings, if the structure is over two hundred fifty feet long.

(g) The building materials and design of the project shall be of long-lasting quality, in order to create a high quality living environment that holds its value over time.

(Ord. 96-07 § 1 (part), 1996).

Part 28: FP-O FLOODPLAIN OVERLAY DISTRICT

24.10.2700 PURPOSE.

The purpose of the Floodplain Overlay District is to promote the public health, safety, and general welfare, and to minimize public and private losses due to flooding in flood hazard areas. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 94-33 § 55, 1994: Ord. 85-05 § 1 (part), 1985).

24.10.2710 DESIGNATIONS.

The Floodplain Overlay District may be combined with any zoning district provided for in this title, in accordance with the amendment procedures of this title, Chapter 24.06. When established, the Floodplain Overlay District shall be shown on the Zoning Map following the zone designation with which it is combined, such as R-1/FP-O, RL/FP-O, C-C/FP-O, etc. For purposes of administration, the Floodplain Overlay District may be mapped on an addendum to the Zoning Map. When so designated, all development within the FP-O District shall be subject to the Floodplain Management Provisions as set forth in Chapter 24.14, Part 4.

(Ord. 85-05 § 1 (part), 1985).

24.10.2720 GENERAL PROVISIONS.

When the FP-O District is applied, the Floodplain Management Provisions listed in Chapter 24.14, Part 4 as well as those of the district with which the FP-O District is combined shall apply. Where a conflict occurs, the regulations set forth in Chapter 24.14, Part 4 shall apply.

(Ord. 85-05 § 1 (part), 1985).

Part 29: Repealed by Ord. 2020-23 § 5

Part 30: Repealed by Ord. 96-18 § 2

Part 31: CON – NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT

24.10.4000 PURPOSE.

The purpose of the Neighborhood Conservation Overlay District is to conserve and enhance the residential quality of life within designated neighborhoods; to stimulate maintenance and reinvestment in structures consistent with design guidelines; to facilitate homeownership; and to ensure compatible development along district boundaries.

(Ord. 2000-18 § 3 (part), 2000).

24.10.4010 APPLICABILITY.

Application of this district to specific neighborhoods may be initiated by the city to ensure that a logical district is formed and that appropriate boundaries are drawn to accomplish the stated goals.

(Ord. 2000-18 § 3 (part), 2000).

24.10.4020 GENERAL PROVISIONS.

The underlying zoning district shall establish the basic parameters of the building coverage including setbacks, density, building height and floor area ratio within the Overlay District. All new construction or renovations are required to demonstrate compatibility with existing residential uses and will be subject to the architectural and landscaping requirements of the design guidelines.

1. Permitted Uses.

a. Residential Uses. All residential uses permitted in the underlying zoning district are permitted, with the same conditions, within the Neighborhood Conservation Overlay District.

2. Other Uses.

a. All multifamily uses and all other uses permitted in the underlying zoning district are subject to a special use permit and a design permit.

b. In addition to the requirements of the underlying district, other uses seeking to locate in a Neighborhood Conservation District will be required to demonstrate compatibility with existing residential use and provide appropriate buffering between the uses.

3. Siting. All development shall be sited to construct a harmonious street edge. No building front yard setback, within a residential block, shall vary more than five feet from its adjacent neighbors.

(Ord. 2000-18 § 3 (part), 2000).

24.10.4030 PARKING.

Off-street parking requirements must be fulfilled according to the requirements of the underlying zone. In addition, parking shall be located within or at the rear of structures, and parking lots shall be screened from the public right-of-way. In residential developments of three units or less, driveways shall not exceed the minimum city standards in order to maximize land use efficiency. In residential developments of three units or more, or in the development of other uses identified in the underlying zone, parking lots shall be treated as landscape plazas with attention to paving surfaces, shade trees, landscape planters and pedestrian walkways. For these projects, a landscaping plan must be submitted for approval by the Planning Director, and must be maintained in an attractive condition.

(Ord. 2000-18 § 3 (part), 2000).

24.10.4040 EXTERIOR MAINTENANCE – DEMOLITION CONTROL – ORDERLY CHANGE.

The purpose of these provisions is to provide an administrative technique to ensure preservation and maintenance of contributing residential housing stock within the Conservation Overlay District in a manner which accomplishes public objectives, and provides for orderly change within existing housing stock. A Status Report shall be prepared by the Planning Department on the condition of the housing stock in the Conservation Districts within 24 months of Conservation Overlay designation.

1. Targeted Code Enforcement Area. Application of the Neighborhood Conservation Overlay District to a specific neighborhood will concurrently designate the neighborhood as a “targeted code enforcement area.”

a. Concentrated housing and zoning code enforcement is to be carried out within the District.

b. An inventory of all vacant, boarded-up, and deteriorated exterior structures is to be submitted to the Zoning Board as part of the Status Report. Notices shall be sent to all owners requiring compliance with applicable codes. Notices requiring removal shall be sent to property owners where storage or accumulation of household items, or large household appliances or abandoned or inoperable cars are visible from a public street, alley or sidewalk.

c. The City shall have the right of first refusal to purchase all residential properties located within a Neighborhood Conservation District which are offered at tax delinquency sales. The City may make these properties available for purchase by qualified lower income first time homebuyers.

2. Demolition Control. In order to ensure preservation of the neighborhood character and ensure orderly change and rehabilitation, where appropriate, of existing structures, the following demolition control procedures are required in the Neighborhood Conservation Overlay District.

a. No demolition permit shall be issued in a Neighborhood Conservation District, until the structure has been evaluated for its contribution to the neighborhood historical and/or architectural context by a appropriate professionals, either architects, code enforcement/building inspectors and/or preservation staff as determined by the Planning Department. This evaluation shall be submitted to the Zoning Administrator who shall make the final determination whether or not a demolition is appropriate.

(Ord. 2000-18 § 3 (part), 2000).

24.10.4050 HOMEOWNERSHIP.

To ensure residential stability within designated Neighborhood Conservation Overlay Districts, each neighborhood so designated shall be eligible for participation in the City’s HOME fund program for lower income first-time home buyers, and other homeownership programs.

(Ord. 2000-18 § 3 (part), 2000).

24.10.4060 NEW CONSTRUCTION ON SITES ABUTTING OVERLAY DISTRICT BOUNDARIES.

The purpose of the following provisions is to ensure that new development which occurs on the boundaries of a designated Neighborhood Overlay District is compatible and supportive of the public policy goals established for these districts. These provisions apply to all sites abutting a Neighborhood Conservation Overlay District.

In addition to the regulations of the underlying zoning districts, all development, redevelopment and building expansions on sites abutting Neighborhood Conservation Overlay Districts shall comply with the following:

1. Siting: All development shall be designed in a manner that is compatible, to the extent possible, with the existing residential structures in the abutting Neighborhood Conservation Overlay District.

2. Design: All development shall be subject to a Design Permit and must be in compliance with adopted Design Guidelines.

3. Height: While the regulations of the underlying zoning district will control height, all development, redevelopment and building expansions on sites abutting the Neighborhood Conservation District and within 30 feet of existing adjacent Conservation District residential structures, shall transition in height and bulk to create a visually compatible relationship with existing structures. Distinctive architectural features may be allowed additional height if permitted by the underlying district, and if compatible with the neighboring district.

4. Parking: All parking must be screened from view from the first floor of existing residential structures in the Conservation District. This screening may be accomplished by walls, trellises, fencing, and/or landscaping. All development must submit a parking/ landscaping plan.

5. All lighting must be designed so that the light source is not visible from the adjacent residential properties nor are the light rays directed or reflected into or on adjacent residential properties.

(Ord. 2000-18 § 3 (part), 2000).

24.10.4065 CERTIFICATE OF OCCUPANCY REQUIRED.

In order to ensure safe and sanitary housing and rehabilitation of structures within the Neighborhood Conservation Overlay District, a valid Certificate of Occupancy shall be required for each transfer of the property within the District. Certificates will not be issued for properties with a recorded Notice of Violation. Certificates will be issued when units comply with applicable codes.

(Ord. 2000-18 § 3 (part), 2000).

Part 42: WEST CLIFF DRIVE OVERLAY DISTRICT*

* Editor’s Note: As adopted by Section 6 of Ordinance 2000-27, this part was designated as Part 32 of Chapter 24.10, and the sections numbered as § 24.10.3200, et seq. At the direction of the city clerk, it was editorially renumbered to be Part 42 (§ 24.10.4200 et seq.) to avoid conflict with previously designated section numbers.

24.10.4200 PURPOSE.

The purpose of the West Cliff Drive Overlay District is to promote quality residential development on and adjacent to West Cliff Drive that positively enhances the public space or realm along West Cliff Drive. The West Cliff Drive Overlay District will preserve, protect and enhance West Cliff Drive as an important social and environmental city and community space; reinforce the residential neighborhood character of the north side of West Cliff Drive; preserve the public view toward the ocean from streets which intersect with West Cliff Drive; and enhance the streetscape by requiring landscaping and modulation of building forms on buildings facing West Cliff Drive. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan. Please also see Part 25, Sections 24.10.2400 et al for properties lying within the Shoreline Protection Overlay District.

(Ord. 2000-27 § 6 (part), 2000).

24.10.4210 APPLICABILITY.

The West Cliff Drive Overlay District regulations shall apply to the areas so designated on the official zoning map of the city (attached hereto) and shall be combined with the underlying zone for such area. This district generally includes all properties with frontage along West Cliff Drive from Bay Street to Swanton Road and properties on intersecting streets lying within 100 feet of the northerly West Cliff Drive right-of way line.

(Ord. 2000-27 § 6 (part), 2000).

24.10.4220 PERMIT REQUIREMENTS.

All principal permitted and use permit required uses shall be those of the underlying zone.

(Ord. 2000-27 § 6 (part), 2000).

24.10.4230 DISTRICT REGULATIONS.

1. Development standards shall be those of the underlying zone, except as modified by this section.

2. Building Height. The maximum permitted height for the principal building shall be two stories and 30 feet. The maximum height for an accessory structure shall be one story and 15 feet. The height shall be measured from the top of the structure to the existing or created finished grade, whichever is lower.

3. Building Envelope. In addition to meeting the building height requirements, no portion of the principal or accessory buildings, with the exception of chimneys not more than six square feet in horizontal dimension, shall encroach in a building envelope plane defined by a line beginning at a point six feet above the lowest point along the front property line and extending over the property at an angle of 35 degrees from the horizontal plane. Architectural elements such as bell towers, spires, turrets, widow walks, cupolas, flag poles, etc. may extend 10 feet above the height limitation, subject to design permit review (see diagram).

4. Building Setbacks.

a. Front Yard Setback.

(1) 20 foot minimum front yard setback with no more than 60 percent of the width of the lot at the setback line occupied by the building. The remaining portions of the building must be setback a minimum of five feet from the front setback line (see diagram).

(2) If a garage is provided within the front portion of the property, the face of the garage shall be setback a minimum of ten feet behind the closest front facade of the residential building toward the street.

b. Side Yard Setbacks.

(1) Lots 100 feet or less in width:

(i) The combined width of the first floor side setbacks shall be a minimum of 20 percent of the lot width. The minimum interior side yard setback shall be five feet and minimum exterior side yard shall be eight feet;

(ii) The second floor and above, the combined width of the side yards shall be a minimum of 30 percent of the lot width. The minimum interior side yard setback at seven and a half (7.5) feet and minimum exterior side yard shall be 10 feet.

(iii) The setbacks for accessory buildings shall be the same as the principal building.

(2) Lots with more than 100 feet width:

(i) The combined width of the first floor side setbacks shall be a minimum of 30 percent of the lot width. The minimum interior side yard setback shall be ten feet and exterior side yard shall be 20 feet;

(ii) The second floor and above, the combined width of the side yards shall be a minimum of 35 percent of the lot width. The minimum interior side yard setback at 15 feet and the minimum exterior side yard shall be 25 feet.

(iii) The setbacks for accessory buildings shall be the same as the principal building.

c. Rear Yard Setbacks.

(1) 20 feet minimum rear setback for the principal building.

5. Height of First Floor or Grade. The height of the first floor of any structure shall not be greater than five feet above the average elevation of the top of the curb parallel to the front yard property line (see diagram).

6. Floor Area Ratio.

a. The gross floor area ratio for lots 12,500 square feet and less located in the West Cliff Drive Overlay District shall be as follows:

.50 – (A x .02)/1000 = B

A is the amount of square footage over 5,000 square feet

B is the gross floor area ratio

b. The gross floor area ratio for lots greater than 12,500 square feet shall be FAR .35.

c. Garages located in the rear 50 percent of the lot shall be granted floor area ratio credit up to 500 square feet.

7. Off-Street Parking.

a. Not more than 25 percent of the lot width can be devoted to driveway access within the front yard setback and in no case may the driveway access be less than 10 feet in width nor exceed 18 feet in width.

b. All driveways shall lead to covered parking equipped with garage doors.

c. No carports are permitted that are visible from the public right-of-way.

8. Landscaping. All unpaved portions of the front and exterior side yards shall be improved and maintained with appropriate landscaping materials. Appropriate landscaping materials include native and/or drought-resistant plant species. Removal of existing invasive species is encouraged. New planting of invasive species is prohibited. Not more than 35 percent of the front and exterior side yard setback area may paved or developed in non-plant materials.

9. Fencing. The maximum height of a fence located within the front setback is three and one-half feet. All fencing within the front yard shall be visually open such as a picket or wrought iron style fence. No opaque walls are permitted unless the fence or wall is setback from the front property line (or exterior side yard) a minimum of six feet and the property between the wall and the property line is fully landscaped.

10. Nonconforming Structures. A reconstruction permit shall not be required to repair or reconstruct a nonconforming structure except if the proposed reconstruction varies in any way in exterior design from the previous building being repaired or replaced.

(Ord. 2003-35 § 1, 2003: Ord. 2000-27 § 6 (part), 2000).

24.10.4240 DESIGN REGULATIONS.

1. All projects involving exterior construction or remodeling resulting in any increase of the floor area developed under this part will require a design permit pursuant to Chapter 24.08 Part 5.

(Ord. 2000-27 § 6 (part), 2000).

Part 43: MISSION STREET URBAN DESIGN OVERLAY DISTRICT

24.10.4300 PURPOSE.

The purpose of the Mission Street Urban Design Overlay District is to regulate future development within the Mission Street commercial district. The goal of the overlay district is to enhance the pedestrian environment while providing for long-term revitalization of the corridor. The intent is to create a corridor that is safe, attractive, economically and socially vibrant which in turn will improve the quality of life for Westside residents.

(Ord. 2002-17 § 1 (part), 2002).

24.10.4310 APPLICABILITY.

The Mission Street Urban Design Overlay District shall apply to the areas designated on the official zoning map of the City (attached hereto) and shall be combined with the underlying zone for such areas. This district generally includes all properties between the City limit near Shaffer Road/Moore Creek on the west, to Chestnut Street on the east with frontage on Mission Street.

(Ord. 2002-17 § 1 (part), 2002).

24.10.4320 PERMIT REQUIREMENTS.

All principal permitted and use permit required uses shall be those of the underlying zone. New development and remodels with a cost of more than $10,000 shall be consistent with the Development Standards and Design Guidelines found in the Mission Street Urban Design Plan and shall require approval of a Design Permit.

(Ord. 2002-17 § 1 (part), 2002).

24.10.4330 DISTRICT REGULATIONS.

1. Development standards shall be those of the underlying zone, except as modified by this section.

2. Prohibited Uses. The uses described in subsections A and B below, are deemed inconsistent with the goals, policies and objectives of the Mission Street Urban Design Plan and are, therefore, prohibited within the Community Commercial (CC) and Professional and Administration (PA) portions of the Mission Street Corridor. Such uses that lawfully existed within the overlay zone prior to the adoption of this provision are deemed non-conforming and may continue in accordance with Chapter 24.18 of the Zoning Ordinance until such time the use shall be completely removed or converted to a conforming use.

a. Uses that are prohibited within the Community Commercial (CC) sub-district of the Mission Street Urban Design Overlay District include the following: The number of existing gas stations shall be capped at current levels, no new drive-through businesses, no new industrial or manufacturing uses, no new ground floor residential uses.

b. Uses that are prohibited within the Professional and Administration (PA) sub-district of the Mission Street Urban Design Overlay District include the following: Single Family dwellings.

(Ord. 2002-17 § 1 (part), 2002).

24.10.4340 DESIGN REGULATIONS.

1. Design regulations within any of the Mission Street Urban Design Overlay District Community Commercial (CC) sub-district.

a. Building Height.

(1) The maximum permitted height for the principal building shall be three stories and 40 feet. For two story buildings the maximum height is 30 feet.

(2) The minimum height for new development shall be 20 feet.

(3) Architectural elements such as bell towers, spires, turrets, cupolas, chimneys, dormers, flag poles, etc. are limited to 15 percent of the roof area and may extend 10 feet above the maximum height limit, subject to Design Permit review. Roof equipment and non-habitable mechanical penthouses are limited to 15 percent of the roof area, may extend 10 feet above the maximum height limit and must be set back 20 feet from the primary facade.

b. Building Design and Orientation. The primary facade of the building shall be oriented to Mission Street with the primary entrance visible and directly accessible from Mission Street.

c. Build-to Lines and Setbacks.

(1) All development shall be built parallel to the Mission Street right-of-way either 15 feet from back of curb or 10 feet from right-of-way line, whichever is less. The resulting setback shall be improved with paving, landscaping and/or pedestrian amenities as recommended the Mission Street Urban Design Plan.

(2) Second stories shall maintain the same build-to line as the ground floor. Third stories may be setback from the first and second stories.

(3) A minimum of 60 percent of the Mission Street frontage of each lot shall be occupied by a building at the required build-to line.

(4) Front facades may contain recessed entries up to one third of the length of the building wall.

(5) For corner parcels, structures shall be placed at the build-to lines along the Mission Street frontage as well as the right-of-way line along the secondary street. The corner of the structure may be recessed from the front and side property lines on a diagonal up to six feet.

(6) Transitions between existing development that does not conform to the build-to line, and proposed development may be achieved by stepping back the facade of the new development with straight segments of wall remaining parallel to the street.

(7) New buildings and major remodels must be built to at least one side property line.

(8) Parcels adjacent to a residential district shall maintain a rear setback of 25 feet for first and second stories, and a 35 foot setback for a third story.

d. Encroachments

(1) Architectural features such as balconies, bay windows, turrets, and special entry features shall be permitted to encroach up to three feet over the front and/or side street build-to lines. All such encroachments shall be at least 12 feet above the sidewalk surface.

(2) Awnings shall be permitted to encroach up to six feet over the front and/or side street sidewalk areas but no less than 12 feet above the sidewalk surface.

(3) Signs shall be permitted to encroach up to four feet over the front and/or side street sidewalk areas but no less than eight feet above the sidewalk surface.

e. Sign Standards

(1) In no case shall signs obstruct sight lines for vehicles or pedestrians. A combination of no more than two types of signs (freestanding, wall or projecting) are permitted per building.

(2) Freestanding signs four feet or less in height:

(a) Shall be permitted on any parcel in the CC zone district.

(b) May be one-half square foot per lineal foot of frontage with a maximum area of 32 square feet.

(d) Shall not exceed one per parcel.

(e) Shall include landscaping to complement the proposed sign.

(3) Freestanding signs over four feet in height are to be discouraged within the Mission Street corridor, however, freestanding signs over four feet in height may be approved with a Design Permit and:

(a) Shall have a maximum sign area of one square foot per one lineal foot of building wall with a maximum of 100 square feet.

(b) Shall not exceed the height of the roofline of the building and in no case shall be higher than 20 feet above finish grade.

(d) Shall not exceed one sign per parcel.

(e) Shall include landscaping to complement the proposed sign.

(4) Wall signs shall:

(a) Not extend above the top of the wall upon which it is painted or attached.

(b) Not extend more than 12 inches from the building face.

(5) Window signs shall:

(a) Be limited to no more than 25 percent of the window area and shall be considered part of the total allowable wall sign area.

(6) Projecting signs shall:

(a) Have a minimum vertical clearance of eight feet.

(b) Have a maximum height of 15 feet.

(c) Extend no more than four feet from the main wall surface and have a six inch minimum space between the sign and the building.

(d) Not extend above the roof edge or top of parapet.

(e) Have a maximum area of 25 square feet with no single face exceeding 12 square feet.

(f) Not be mounted on wall areas above the first floor or ground level, unless mounted on a parapet extension of a single story.

(g) Be self supporting without use of cable or other supports. Ornamental brackets designed as an integral part of the site design may be allowed if they are complementary with the sign design.

(7) Canopy signs shall:

(a) Be painted directly on the awning material.

(b) Be limited to two awning surfaces (e.g., front, side, top).

(d) Shall be considered part of the total allowable wall sign area.

(e) Be no more than one foot in height.

(8) Roof signs are prohibited.

(9) Standardized corporate signs are to be discouraged within the Mission Street Corridor, however, they may be approved with a Design Permit only if they comply with the Development Standards and Design Guidelines section of the Mission Street Urban Design Plan.

2. Design regulations within any of the Mission Street Urban Design Overlay District Professional Administrative (PA) sub-district.

a. Signs Standards.

(1) Pole signs are not allowed in the PA sub-district.

3. Design guidelines for architecture, parking, circulation, signage and landscaping in the Community Commercial (CC) and Professional and Administrative (PA) zone districts are set forth in the Development Standards and Design Guidelines section of the Mission Street Urban Design Plan.

(Ord. 2002-17 § 1 (part), 2002).