Chapter 17.34 C-5 NEIGHBORHOOD COMMERCIAL ZONE REGULATIONS

17.34.010 Title, purpose, and applicability.

17.34.020 Required design review process.

17.34.030 Permitted activities.

17.34.040 Conditionally permitted activities.

17.34.050 Permitted facilities.

17.34.060 Conditionally permitted facilities.

17.34.070 Restrictions on ground-level uses.

17.34.080 Special regulations applying to Convenience Markets, Fast-Food Restaurants, and certain establishments selling alcoholic beverages or providing mechanical or electronic games.

17.34.090 Special regulations applying to Commercial Activities.

17.34.100 Special regulations applying to the demolition of a facility containing rooming units or to the conversion of a living unit to a nonresidential activity.

17.34.110 Use permit criteria.

17.34.120 Limitations on Signs, marquees, and awnings.

17.34.130 Minimum lot area, width, and frontage.

17.34.140 Maximum residential density.

17.34.150 Maximum height.

17.34.160 Minimum yards and courts.

17.34.170 Minimum usable open space.

17.34.180 Buffering.

17.34.190 Special regulations for mini-lot and planned unit developments.

17.34.200 Other zoning provisions.

17.34.010 Title, purpose, and applicability.

The C-5 zone is intended to create, preserve, and enhance small scale retail neighborhood serving activities that typically do not generate significant amounts of traffic or parking or significantly impair views, and are compatible with adjacent residential uses and existing vistas and panoramas. (Prior planning code § 4200)

17.34.020 Required design review process.

Except for projects that are exempt from design review as set forth in Section 17.136.025, no Local Register Property, Residential Facility, Mixed Use Development, Telecommunications Facility, Sign, or other associated structure shall be constructed, established, or altered in exterior appearance, unless plans for the proposal have been approved pursuant to the design review procedure in Chapter 17.136, and when applicable, the Telecommunications regulations in Chapter 17.128, or the Sign regulations in Chapter 17.104. (Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12606 Att. A (part), 2004: Ord. 12501 § 50, 2003: Ord. 11904 § 5.62 (part), 1996: prior planning code § 4202)

17.34.030 Permitted activities.

The following activities, as described in the use classifications in Chapter 17.10, are permitted, subject, where applicable, to the provisions of Section 17.34.070:
A. Residential Activities:
Permanent
Residential Care occupying a One-Family Dwelling Residential Facility
B. Civic Activities:
Essential Service
Limited Child-Care
Nonassembly Cultural
Telecommunications
C. Commercial Activities:
Convenience Sales and Service
Medical Service
General Retail Sales
General Personal Service
Consumer Laundry and Repair Service
(Ord. 12138 § 5 (part), 1999; Ord. 11904 § 5.23, 1996; prior planning code § 4203)

17.34.040 Conditionally permitted activities.

The following activities, as described in the use classifications in Chapter 17.10, may be permitted upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134:
A. Residential Activities:
Residential Care, except when occupying a One-Family Dwelling Residential Facility
Service-Enriched Permanent Housing
Transitional Housing
Emergency Shelter
B. Civic Activities:
Utility and Vehicular
Administrative
Health Care
Community Education
Extensive Impact
C. Commercial Activities:
General Food Sales
Financial and Consultative Services
Convenience Market
Alcoholic Beverage Sales
Mechanical or Electronic Games, subject to the provisions of Section 17.102.210C
Group Assembly
Administrative
Business and Communication Service
Automotive Fee Parking
Animal Care
D. Agricultural and Extractive Activities:
Plant Nursery
E. Off-street Parking Servicing Activities other than those listed above, subject to the conditions set forth in Section 17.102.100.
F. Additional activities which are permitted or conditionally permitted in an adjacent zone, on lots near the boundary thereof, subject to the conditions set forth in Section 17.102.110. (Ord. 12138 § 5 (part), 1999; prior planning code § 4204)

17.34.050 Permitted facilities.

The following facilities, as described in the use classifications in Chapter 17.10, are permitted, subject where applicable to the provisions of Section 17.42.080:
A. Residential Facilities:
One-Family Dwelling
Two-Family Dwelling
Multifamily Dwelling
Rooming House
B. Nonresidential Facilities:
Enclosed
Sidewalk Cafes, subject to the provisions of Section 17.102.335
C. Signs:
Residential
Special
Development
Realty
Civic
Business
D. Telecommunications Facilities:
Micro, except as provided in Chapter 17.128 and Section 17.134.020(A) (23)
(Ord. 12224 § 4 (part), 2000; Ord. 11904 § 5.34 (part), 1996; prior planning code § 4205)

17.34.060 Conditionally permitted facilities.

The following facilities, as described in the use classifications in Chapter 17.10, may be permitted upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134:
A. Residential Facilities:
One-Family Dwelling with Secondary Unit, subject to the provisions specified in Section 17.102.360
B. Nonresidential Facilities:
Open, limited to the following:
Off-street parking and loading facilities
Open-air dining facilities
Parks and plazas
C. Telecommunications Facilities:
Mini
Macro
Monopole
(Ord. 12501 § 52, 2003: Ord. 12224 § 3 (part), 2000; Ord. 12199 § 4G, 2000; Ord. 11904 § 5.38 (part), 1996; prior planning code § 4206)

17.34.070 Restrictions on ground-level uses.

A. Parking and Loading at Ground Level. No off-street parking or loading area or driveway shall be located on any portion of the ground level of any lot except upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134.
B. Nonretail Uses on the Ground Floor. No Residential Activity; Limited Child-Care, Community Assembly, Community Education, Administrative, or Health Care Civic Activity; or Medical Service, Consultative and Financial Service, Group Assembly, Administrative, or Business and Communication Service Commercial Activity shall be located on the ground floor of any building, except upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134 and except that incidental pedestrian entrances which lead to such an activity elsewhere in the building are permitted. (Ord. 12138 § 6 (part), 1999; Ord. 12016 § 2 (part), 1997; prior planning code § 4207)

17.34.080 Special regulations applying to Convenience Markets, Fast-Food Restaurants, and certain establishments selling alcoholic beverages or providing mechanical or electronic games.

See Section 17.102.210. (Prior planning code § 4208)

17.34.090 Special regulations applying to Commercial Activities.

The total floor area devoted to Commercial Activities by any single establishment shall not exceed five thousand (5,000) square feet, except that a greater floor area may be permitted upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134. See also Section 17.102.210. (Prior planning code § 4209)

17.34.100 Special regulations applying to the demolition of a facility containing rooming units or to the conversion of a living unit to a nonresidential activity.

See Section 17.102.230. (Prior planning code § 4210)

17.34.110 Use permit criteria.

A conditional use permit for any use under Section 17.34.040, 17.34.060, 17.34.070 or 17.34.090 may be granted only upon determination that the proposal conforms to the general use permit criteria set forth in the conditional use permit procedure in Chapter 17.134 and to the following use permit criteria:
A. That the proposal will not detract from the compact, integrated character of the area;
B. That the proposal will not impair a generally continuous wall of building facades;
C. That the proposal will not weaken the concentration and continuity of retail facilities at ground level, and will not break up an important shopping frontage;
D. That the proposal will not interfere with the movement of people along an important pedestrian walkway;
E. That the proposal will conform in all significant respects with any applicable district plan which has been adopted by the City Council. See also Section 17.102.210. (Prior planning code § 4211)

17.34.120 Limitations on Signs, marquees, and awnings.

A. General Limitations. All Signs shall be subject to the applicable limitations set forth in Section 17.104.020. (Ord. 12606 Att. A (part), 2004: prior planning code § 4212)

17.34.130 Minimum lot area, width, and frontage.

Every lot containing a Residential Facility shall have a minimum lot area of four thousand (4,000) square feet and a minimum lot width of twenty-five (25) feet, except as a lesser area or width is allowed by Section 17.106.010. No minimum lot area or lot width is prescribed for any lot which does not contain a Residential Facility. Every lot shall have a minimum frontage of twenty-five (25) feet upon a street, except as this requirement is modified by Section 17.106.020. (Prior planning code § 4214)

17.34.140 Maximum residential density.

Residential uses shall be subject to the same maximum density and other related regulations as are set forth in Section 17.22.110 for the R-40 zone. (Ord. 12776 § 3, Exh. A (part), 2006: prior planning code § 4215)

17.34.150 Maximum height.

A. Except as provided in Chapter 17.128, maximum height of buildings and other facilities shall be thirty (30) feet.
B. Allowed projection above height limit. Those projections described in subsections A, B, C, D and G of Section 17.108.030 may be allowed to project an additional ten feet above the maximum height limit upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134 and to the following use permit criteria:
1. That the location, design, and siting of the proposed rooftop projection will be harmonious with the proposed project in terms of bulk, scale, and coverage;
2. That the projections will not adversely affect view corridors, vistas, and panoramas enjoyed from adjacent streets and properties;
3. That all projections will be screened or otherwise designed to achieve harmony with the overall appearance of the proposed development. (Ord. 11904 § 5.44, 1996; prior planning code § 4219)

17.34.160 Minimum yards and courts.

No yards or courts are generally required except as indicated below. The following minimum yards and courts shall be provided unobstructed except for the accessory structures or the other facilities allowed therein by Section 17.108.130:
A. Front Yard. A front yard shall be provided, as prescribed in Section 17.108.040, in certain situations where part of the frontage on the same side of a block is in a residential zone.
B. Side Yard--Street Side of Corner Lot. A side yard shall be provided, as prescribed in Section 17.108.070, on the street side of a corner lot in certain situations where a lot to the rear of the corner lot is in a residential zone.
C. Side Yard--Interior Lot Line.
1. A side yard shall be provided along an interior side lot line, when and as prescribed in Section 17.108.080, for Residential Facilities.
2. A side yard shall be provided, as prescribed in Section 17.108.090, along an interior side lot line lying along a boundary of any of certain other zones.
D. Rear Yard.
1. A rear yard with a minimum depth of ten feet shall be provided for all Residential Facilities, except as a lesser depth is allowed by Section 17.108.110.
2. A rear yard shall be provided, as prescribed in Section 17.108.100, along a boundary of any of certain other zones.
E. Courts. On each lot containing a Residential Facility, courts shall be provided when and as required by Section 17.108.120. (Prior planning code § 4220)

17.34.170 Minimum usable open space.

Usable open space shall be provided for Residential Facilities in accordance with the same requirements as are set forth in Section 17.22.150 for the R-40 zone. (Prior planning code § 4221)

17.34.180 Buffering.

All uses shall be subject to the applicable requirements of the buffering regulations in Chapter 17.110 with respect to screening or location of parking, loading, and storage areas; control of artificial illumination; and other matters specified therein. See also Section 17.42.080. (Prior planning code § 4222)

17.34.190 Special regulations for mini-lot and planned unit developments.

A. Mini-Lot Developments. In mini-lot developments, certain of the regulations otherwise applying to individual lots in the C-5 zone may be waived or modified when and as prescribed in Section 17.102.320.
B. Planned Unit Developments. Large integrated developments shall be subject to the planned unit development regulations in Chapter 17.122 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the C-5 zone, and certain of the other regulations applying in said zone may be waived or modified. (Prior planning code § 4223)

17.34.200 Other zoning provisions.

A. Parking and Loading. Off-street parking and loading shall be provided as prescribed in the off-street parking and loading requirements in Chapter 17.116.
B. Home Occupations. Home occupations shall be subject to the applicable provisions of the home occupation regulations in Chapter 17.112.
C. Nonconforming Uses. Nonconforming uses and changes therein shall be subject to the nonconforming use regulations in Chapter 17.114.
D. General Provisions. The general exceptions and other regulations set forth in Chapter 17.102 shall apply in the C-5 zone.
E. Recycling Space Allocation Requirements. The regulations set forth in Chapter 17.118 shall apply in C-5 zone. (Amended during 1997 codification; Ord. 11807 § 3 (part), 1995; prior planning code § 4224)