Chapter 17.28
SPECIAL COMMERCIAL ZONE (SC)1
Sections:
17.28.020 Permitted uses and structures.
17.28.030 Property development regulations.
17.28.040 Off-street parking requirements.
17.28.050 Landscaping requirements.
17.28.010 Purpose and intent.
The purpose and intent of the special commercial zone (SC) is to implement the special commercial land use designation of the Solana Beach general plan and to preserve and perpetuate those areas of the community affording unique pedestrian-oriented commercial centers characterized by a wide variety of uses including small specialty retail shops, light industrial uses, offices, and residential loft apartments. Please note that the Highway 101 specific plan establishes overriding standards that should be used in addition to this chapter. The (SC) zone is intended to preserve and promote mixed uses within the zone and, where appropriate, within individual developments. This special commercial zone shall consist of three districts. Cedros Avenue north of Lomas Santa Fe Drive shall be the North Cedros Avenue district. The special commercial zone south of Lomas Santa Fe Drive shall be the South Cedros district. The Stevens Avenue special commercial zone vicinity shall be known as the Stevens Avenue district. (Ord. 346 § 2, 2006; Ord. 185 § 2, 1993)
17.28.020 Permitted uses and structures.
A. Principal and Conditional Uses. The uses permitted in the special commercial zone shall be as indicated in SBMC 17.12.020 (Use Regulations Matrix) Table 17.12.020-A. Permitted, conditional, and prohibited use are indicated as follows:
“PL” indicates that the use shall be permitted subject to the limitations set forth in subsection B of this section.
“C” indicates that the use is subject to a conditional use permit issued by the director of community development in accordance with SBMC 17.68.010 (Conditional Use Permits).
“CC” indicates that the use is subject to a conditional use permit issued by the city council in accordance with SBMC 17.68.010 (Conditional Use Permits).
“E” indicates that the use shall be prohibited within the zone.
In the event a use is not specifically listed in Table 17.12.020-A, the director of community development shall have the authority to categorize such use in accordance with the procedure outlined in SBMC 17.12.030 (Use Determination).
B. Use Limitations. The following limitations shall apply to the uses identified below:
1. Caretaker’s units shall be limited to one unit per premises, subject to the regulations of SBMC 17.60.050 (Caretaker Units).
2. Residential dwellings shall be permitted as a mixed use with other permitted or conditionally permitted uses. The provision of residential development with commercial development shall be encouraged in a mixed use integrated development.
Residential dwellings shall be permitted only on the upper floors, basement, and rear 50 percent of the ground floor. Alternatively, residential dwellings may be permitted on any portion of the building (or buildings) pursuant to a development review permit; provided, that total residential development does not exceed 50 percent of gross allowable floor area. Residential dwellings approved pursuant to a development review permit shall be compatible with the intent of the (SC) zone to preserve and enhance street level pedestrian oriented commercial frontages.
The maximum residential density allowed within the (SC) zone shall be 20 dwelling units per acre based on the total net acreage of the property. Minimum unit size shall be 650 square feet, except for “efficiency units” as provided herein.
Residential developments providing efficiency units of between 220 square feet and 650 square feet may be approved pursuant to a development review permit.
3. Home occupations shall be allowed as an accessory use to a residential use subject to the requirements set forth in SBMC 17.20.040 (A) (Residential Zones).
4. Business, professional, medical and dental offices shall not exceed 50 percent of gross allowable floor area.
5. Retail trade establishments identified as “PL” shall be permitted; provided, that all such uses which exceed 15,000 square feet per establishment shall require a conditional use permit issued by the planning director.
6. Pawnshops shall be permitted only upon the provision of written documentation that all applicable licenses have been obtained.
7. Automotive services identified as “PL” shall be permitted on the east side of Cedros Avenue, north of Lomas Santa Fe Drive only, subject to a conditional use permit issued by the planning director.
8. Research and development shall be permitted; provided facilities which involve the use of environmentally hazardous or potentially environmentally hazardous materials or processes shall require a conditional use permit issued by the planning director.
9. Kiosk businesses shall be permitted subject to the requirements of SBMC 17.60.090 (Kiosk Businesses).
C. Accessory Uses and Structures. Accessory uses and structures located on the same lot as the principal use and incidental to any of the foregoing principal uses, including but not limited to:
1. Parking lots and/or garages to accommodate vehicles owned by employees, customers, residents, clients or guests of the principal use;
2. Incidental storage structures;
3. Signs in accordance with Chapter 17.64 SBMC;
4. Open Shade Structures. All attached accessory structures shall be made structurally a part of the main building, be composed of materials which are visually compatible with the main building and shall comply in all respects with the requirements applicable to the principal structure, except that open shade structures such as canopies, awnings, arbors, and trellises shall be permitted in a required front yard.
Detached accessory structures shall comply with all of the following requirements:
a. Shall not exceed a height of 15 feet.
b. Shall not exceed 10 percent of the total gross floor area of the principal structure.
c. Shall conform to all minimum yard requirements and shall not be permitted between the street and the principal structure.
d. Shall maintain a minimum separation distance of 10 feet between the detached accessory structure and the principal structure.
e. Shall comply with all applicable fire, health, safety, and building provisions of this code.
Nothing in this chapter shall preclude more than one principal structure on a building site.
D. Temporary Uses and Structures. The following temporary uses and structures shall be permitted in the (SC) zone:
1. Contractors’ offices and storage yards on the site of an active construction project.
2. Incidental outdoor sales or displays (see SBMC 17.60.010). (Ord. 185 § 2, 1993)
17.28.030 Property development regulations.
A. Minimum Lot Sizes and Dimensions. The minimum lot sizes and dimensions for the (SC) zone shall be as follows:
|
Minimum Area in Sq. Ft. |
Street Frontage |
Width (interior) |
Width (corner) |
Depth |
|---|---|---|---|---|
|
6,000 |
60 |
60 |
65 |
100 |
B. Minimum Yard Dimensions. The minimum yard dimensions for the (SC) zone shall be as followsa:
|
|
Front Yard |
Side Yard (Interior) |
Side Yard (Street) |
Rear Yard |
|---|---|---|---|---|
|
North Cedros Ave. |
|
|
|
|
|
(west side) |
0' |
0'b |
5' |
0'b |
|
(east side) |
5' |
0'b |
5' |
0'b |
|
All other streets (including the Stevens Ave. district) |
10' |
0'b |
5' |
0'b |
|
|
Front Yard |
Side Yard (Interior) |
Side Yard (Street) |
Rear Yard |
|---|---|---|---|---|
|
South Cedros Ave. |
c |
|
|
c |
|
(west side) |
0' |
0'b |
5' |
0'b |
|
(east side) |
5' |
0'b |
5' |
0'b |
|
All other streets |
10' |
0'b |
5' |
0'b |
a. The Highway 101 specific plan has established superseding standards.
b. In the South Cedros Avenue district, a minimum 15-foot rear or side yard shall be required where any portion of the rear or side yard abuts a residentially zoned property. If permitted, each story above two (one in the Stevens Avenue district) shall be set back an additional five feet from the required setback of the story below it. In the North Cedros Avenue district and the Stevens Avenue district, a minimum 10-foot rear or side yard shall be required where any portion of the rear or side yard abuts a residentially zoned property. Architectural features, such as eaves, steps, balconies, and stairways, may not project more than five feet into any required setback area.
c. In the South Cedros Avenue district, upper level architectural relief, such as raised elements, slightly offset upper levels, and/or artificial or real windows, etc., is required; and front setback of 10 feet from face of curb to building, with a three-foot wide parkway and a seven-foot-wide sidewalk.
C. Maximum Floor Area Ratio. The maximum floor area ratio for the (SC) zone shall be 1.00.2
D. Maximum Building Height.
1. a. Stevens Avenue District and North of Lomas Santa Fe Drive. The maximum height of any building or structure within the (SC) zone shall be 35 feet. Pursuant to a development review permit, up to 15 percent of the roof plane may exceed a height of 35 feet to allow for architectural projections of exceptional quality and merit.
b. South of Lomas Santa Fe Drive (South Cedros Avenue District). The maximum height of any building or structure within the SC zone shall be a maximum of 25 feet and two stories, with up to 15 percent (3.75 feet) for architectural projections, noting that the view process will continue to apply. Rooftop architectural feature as well as screening are required.
2. The city council may, by conditional use permit, increase the height limit to 65 feet for a monument feature such as a bell tower, or clock tower, for a civic or commercial use owned in whole or in part by a public agency. For the purposes of this section a site development permit approved by the city council before adoption of the ordinance codified in this section shall be deemed to satisfy the requirement of this section for a conditional use permit.
E. Street Facade Daylight Plane. A street facade daylight plane shall be maintained for all developments beginning at a point 15 feet above the grade at the street property line and inclined at a 45-degree angle toward the interior of the lot. Architectural projections approved in accordance with a site development plan shall be exempted from this requirement.
F. External Effects. The following effects shall not be permitted to emanate beyond the boundaries of the premises upon which a permitted use is located:
1. Air contaminants, including but not limited to smoke, charred paper, dust, soot, grime, carbon, noxious acids, fumes, gases, odors, or particulate matter, which endanger human health, or results in damage to vegetation or property, cause objectionable changes in temperature or cause soiling.
2. Loud, unnecessary or unusual noise which endangers health, peace or safety of others.
3. Objectionable direct or reflected glare.
4. Radiation or electrical disturbance which unduly interferes with the normal operation of equipment or instruments.
Additional special regulations applicable to all zones are set forth in Chapter 17.60 SBMC.
G. Special Regulations.
1. All roof appurtenances including, but not limited to, air conditioning units, cooling towers, ducts, tanks, elevator enclosures and mechanical equipment shall be acoustically shielded and architecturally screened from view from adjacent properties, public streets and on-site parking areas.
2. Trash receptacle areas shall be screened by a solid wall or fence with a minimum height of four feet or the height of the refuse container whichever is greater; provided, that a six-foot solid wall or fence shall be constructed between any such container and any adjoining residentially zoned property.
Additional special regulations applicable to all zones are set forth in Chapter 17.60 SBMC. (Ord. 346 § 3, 2006; Ord. 185 § 2, 1993)
17.28.040 Off-street parking requirements.
A. Every premises shall be provided with a minimum of permanently maintained off-street spaces in a parking lot or parking garage, as follows:
1. Residential units:
a. Studio units/efficiency units/single room occupancy: 1.0 parking space per unit.
b. Units containing one bedroom: 1.5 parking spaces per unit.
c. Units containing two or more bedrooms: 2.0 parking spaces per unit.
2. General commercial, neighborhood commercial, household services, personal services and tourist oriented services:
a. North Cedros Avenue district: One off-street parking space for each 450 square feet of gross floor area.
b. South Cedros Avenue district: One off-street parking space for each 312 or 298 square feet of gross floor area depending on its inclusion within a mixed use or non-mixed use project, respectively. Projects with mixed use components shall include deed restrictions to ensure adequate parking is maintained due to reduced mixed use parking standards.
c. Stevens Avenue district: One off-street parking space for each 300 square feet of gross floor area.
3. Business and professional offices, medical and dental offices, banks, financial institutions, and business services: One off-street parking space for each 300 square feet of gross floor area.
4. Commercial recreation:
a. Night clubs: One off-street parking space for each 100 square feet of gross floor area.
b. Hotels and motels: One off-street parking space for each guest unit, plus one space for each employee on shift.
c. Theaters: One off-street parking space per four seats, plus five spaces for employees.
d. Restaurants/cafes: In the South Cedros Avenue district, one off-street parking space for each 143 or 133 square feet of gross floor area, depending on its inclusion within a mixed use or non-mixed use project, respectively. Projects with mixed use components shall include deed restrictions to ensure adequate parking is maintained due to reduced mixed use parking standards. In the North Cedros Avenue district and the Stevens Avenue district, standard restaurant/cafe parking space requirements shall apply.
5. Manufacturing:
a. Manufacturing and incidental office use areas: One off-street parking space per 400 square feet of gross floor area.
b. Warehouse use areas: One off-street parking space per 1,000 square feet of gross floor area.
B. No parking shall be permitted in a required front yard.
C. Parking and loading requirements for use not listed above shall be as prescribed in Chapter 17.52 SBMC.
D. No rooftop parking shall be allowed in the South Cedros Avenue District. (Ord. 445 § 7, 2014; Ord. 346 § 3, 2006; Ord. 185 § 2, 1993)
17.28.050 Landscaping requirements.
The landscaping requirements for the special commercial zone shall be as prescribed in Chapter 17.56 SBMC. In addition to the requirements of Chapter 17.56 SBMC, a landscape plan shall be submitted for all proposed development for which a development review permit or conditional use permit is required. The landscaping plan shall indicate the location and species of all trees and the expected height at maturity. (Ord. 185 § 2, 1993)
Code reviser’s note: Ord. 331, effective February 23, 2005, establishes a moratorium on building permit application approval for the expansion of existing or construction of new commercial buildings in the (SC) zone until such time as the city council has conducted an appropriate study of the effect of such development.
The Highway 101 Corridor specific plan has a different FAR for mixed use projects.