The sections of this chapter constitute the regulations of the
C-1 (central business) district.
The C-1 district is designed and intended to provide for the
community's need for a pedestrian-oriented commercial district. The
zone shall be used by those retail and service activities which are
space intensive and serve the regional market.
Those uses which the Planning Commission finds to fall within the intent and purpose of this zone, that will not be more obnoxious or detrimental to the public health and welfare and are found by the commission to be compatible with adjoining land uses, provided that conditions and development standards are applied to mitigate any potentially adverse impacts, are permitted in the C-1 district subject to obtaining a conditional use permit according to the procedures set forth in Article 2 of Chapter 12-35 of this title. Examples include:
(a)
Bars
and cocktail lounges, and restaurants serving alcoholic beverages;
(b)
Hotels
or motels;
(c)
Passenger
terminals;
(d)
Pet
shops, (exception: fish sales only does not require a CUP);
(e)
Lodges
and clubs;
(f)
Churches;
(g)
Mechanical
riding machines;
(i)
Any
use with drive-up, drive-in or drive-through facilities for serving
customers from their vehicle;
(j)
Temporary
retail sales within a hotel or motel;
(k)
An increase in pipeline capacity through the repair, maintenance, replacement or installation of new pipelines as defined in Section 12-2.113.1;
(l)
Farmers'
markets;
(m)
Arts
and crafts sales;
(n)
Auditoriums;
(o)
Community
centers;
(p)
Theaters;
(q)
Concurrent
retailing of motor vehicle fuel with alcoholic beverages for off-premises
consumption at existing nonconforming service stations;
(r)
An
apartment or living quarters which can be occupied only by the owner,
caretaker or someone associated with a business located in the building;
(s)
Child
daycare centers;
(t)
Senior
citizen housing;
(u)
Buyback
recycling facility when in conjunction with an existing business;
(Ord. 83-1065 § 1, eff. 1/5/84; Ord. 86-32 § 2,
eff. 2/19/87; Ord. 88-6 § 1(B), eff. 6/2/88; Ord. 90-1 § 2, eff. 3/8/90; Ord. 92-14, eff. 11/05/92; Ord. 2005-04, eff. 5/9/05; Ord. 2006-13, eff. 10/2/06; Ord. 2012-08, eff. 5/17/2012; Ord. 2013-04, eff. 6/6/13; Ord. 2016-05 § 28,
eff. 3/2/16)
Installations of four or more coin-operated game machines, as that term is defined at Section 4-6.101 of this Code, are permitted only upon the issuance of a conditional use permit or planned development permit, as provided for under this title.
(a)
Installations
of three or less such game machines is expressly prohibited in the
C-1 zone when provided in conjunction with the sale of alcoholic beverages,
whether for on-premises or off-premises consumption, on the same premises
if persons under the age of 18 years are also admitted, unless accompanied
by and under the supervision of a parent, legal guardian or other
adult person having legal custody. The proprietor of a premises coming
within the provisions of this section shall post and maintain a sign
in a conspicuous place advising customers of the requirements imposed
in this subsection.
(b)
Installations
of three or less such game machines shall provide at least 60 square
feet of net public floor area solely devoted to each such machine.
(c)
An
exemption from the provisions of this section exists for any such
game machine located in a private dwelling and neither offered for
use by, nor available to, the general public.
(d)
In addition to the standards and conditions set forth at Sections 12-35.203 through 12-35.208 and elsewhere in this title, the following standards and conditions are illustrative of those available to the City in reaching a final determination under this section:
(1)
At least two on-site bicycle parking spaces shall be provided for
each such game machine. Bicycle parking shall be in approved bicycle
racks or stands and shall not obstruct required exits or external
circulation. Bicycle parking may be permitted inside buildings if
no acceptable exterior parking site exists. In the event interior
parking is required, the area designated as interior bicycle parking
space may be deducted from net public floor area for purposes of calculating
numbers of coin-operated machines permitted.
(2)
There shall be at least 60 square feet of net public floor area solely
devoted to each such game machine.
(3)
No person under the age of 18 years shall be permitted to operate
such game machines during normal school hours unless accompanied by
a parent, legal guardian or other adult person having the legal care
and custody of such minor.
(4)
All such game machines within a premises shall be visible to and
supervised by an adult attendant who shall be present at all times
when any such game machine is being operated.
(5)
The adult supervision of the patrons on the premises shall be adequate
to ensure and shall, in fact, ensure that there is no conduct contrary
to law or otherwise detrimental to the public health, safety and welfare.
(6)
Generally distributed illumination adequate to permit observation
and supervision shall be maintained in all parts of the premises at
all times when any such game machine is available for public use.
(7)
No such game machine shall be situated in violation of any applicable
fire regulation or so as to hinder reasonable internal circulation
on the premises.
(e)
Nonconforming
business amortization:
(1)
Existing, legally nonconforming arcades shall be exempt from the
provisions of this section. Legal nonconforming uses include those
installations of such game machines for which one or more of the following
permits or licenses had issued on or before June 22, 1982:
(A)
A conditional use permit under the provisions of this title;
(B)
A planned development permit under the provisions of this title;
(C)
An operator's license under Chapter 4-6 of this Code for purposes of establishing legal nonconformity only. An installation of such game machines is legally nonconforming if such an operator's license had issued to either:
(i)
The owner/operator of the premises at which such machines are
located, or
(ii)
The distributor who placed such machines upon the premises,
unless the placement of additional machines at such a location on
or after June 22, 1982 constituted the unauthorized expansion of an
existing nonconforming use.
(2)
All other installations of such machines are illegal nonconforming uses, and the owner or operator shall, within 90 days after the effective date of the ordinance from which this section derives, either comply with the provisions of Chapter 4-6 of this Code and of this title or terminate the nonconforming use, ownership, operation or possession.
(3)
Any unauthorized expansion of nonconforming uses is prohibited.
(Ord. 82-1039 § 2, 1982)
Premises in the central business district may be used for accessory
uses, provided such uses are established on the same lot or parcel
of land, are incidental to and do not substantially alter the character
of any permitted principal use.
Each lot or parcel of land shall have a minimum lot area of
not less than 7,000 square feet. Minimum lot width is 50 feet.
No lot or parcel of land in the C-1 district shall have a building
or structure in excess of three stories, or 40 feet in height, whichever
is less.
However, a conditional use permit or planned development permit
is required for any building or structure in excess of one story or
18 feet in height when adjacent to a residential zoning district unless
the building or structure is located more than 100 feet from the residential
district boundary. Properties separated by streets and alleys are
considered to be adjacent.
Exception: Within the boundaries of the Central Redevelopment
Project - California NDPA-1-2, no lot or parcel of land shall have
a building or structure in excess of 75 feet in height, provided,
however, that the height of a building or structure in excess of three
stories or 40 feet in height is subject to approval of a conditional
use permit or planned development permit by the Planning Commission.
(Ord. 87-11 § 1, eff. 7/16/87; Ord. 98-16,
eff. 01/14/99)
Each lot or parcel of land in the C-1 district which has a side
or rear lot line adjoining property in a residential zone shall have
a solid masonry wall of not less than six feet in height, established
along the side and rear lot line adjoining the zone.
(a)
Front
Yard. Each lot or parcel of land which has a side lot line adjoining
property in a residential zone shall have a front yard of not less
than 10 feet in width.
(b)
Side
Yard. Each lot or parcel of land in the C-1 district which has a side
lot line adjoining property in a residential zone shall have a side
yard of not less than 10 feet in width on the side adjoining such
residential lot or parcel of land.
(c)
Rear
Yard. Each lot or parcel of land in the C-1 district which has a rear
lot line adjoining property in a residential zone shall have a rear
yard of not less than 10 feet.
Approval of elevations, site plans and landscaping by the Zoning
Administrator is required before the issuance of a building permit.
For provisions on parking, see Chapter 12-32 of this title.
For provisions on signs, see Chapter 12-34 of this title.
Standards presented in the Entrada Specific Plan may apply to uses in certain locations, see Section 12-3.04.
Standards presented in the Westside Revitalization Project Design Guidelines apply to the areas within the C-1 district, see Section 12-3.05.
(Ord. 83-1065 § 1, eff. 1/5/84)
All display and storage shall be located wholly within an enclosed
building.
Each lot or parcel of land which has a side or rear lot line
adjoining property in a residential zone shall have a solid masonry
wall of not less than six feet in height established along the side
and rear lot line adjoining the zone.
For commercial uses exceeding 90,000 square feet of gross floor
area, the non-taxable merchandise floor area shall not exceed 8% of
the total gross floor area of the building occupied by the commercial
use.
(Ord. 97-12, Enacted, 12/4/97)