The provisions of this chapter shall be known as the C-28 commercial shopping district zone regulations. The C-28 zone is intended to create, preserve, and enhance major boulevards of medium-scale retail establishments featuring some specified higher density nodes in attractive settings oriented to pedestrian comparison shopping, and to encourage mixed-use residential and nonresidential developments, and is typically appropriate along major thoroughfares near residential communities. These regulations shall apply in the C-28 zone. (Prior planning code § 4425)

Except for projects that are exempt from design review as set forth in Section 17.136.025, no Local Register Property, Building 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. 11904 § 5.62 (part), 1996: prior planning code § 4427)

The following activities, as described in the use classifications in Chapter 17.10, are permitted, subject where applicable to the provisions of Sections 17.44.070 and 17.44.080:
A. Residential Activities:
Permanent
Residential Care occupying a One-Family Dwelling Residential Facility
B. Civic Activities:
Essential Service
Limited Child Care
Community Assembly
Nonassembly Cultural
Administrative
Health Care
Telecommunications
C. Commercial Activities:
General Food Sales
Medical Service
General Retail Sales
General Personal Service
Consultative and Financial Service
Consumer Laundry and Repair Service
Administrative
Business and Communication Service
Retail Business Supply
(Ord. 12138 § 5 (part), 1999; Ord. 11904 § 5.28, 1996; prior planning code § 4428)

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 Section 17.44.110 and 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
Community Education
Special Health Care Civic Activities
C. Commercial Activities:
Convenience Sales and Service
Automotive Servicing
Automotive Repair and Cleaning
Convenience Market
Fast-Food Restaurant
Alcoholic Beverage Sales
Group Assembly
Animal Care
D. Manufacturing Activities:
Custom
E. Agricultural Activities:
Plant Nursery
F. Off-street parking serving activities other than those listed above, subject to the conditions set forth in Section 17.102.100.
G. 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.
H. Installation of motor vehicle accessories. (Ord. 12450 § 5, 2002; Ord. 12138 § 5 (part), 1999; prior planning code § 4429)

The following facilities, as described in the use classifications in Chapter 17.10, are permitted, subject where applicable to the provisions of Sections 17.44.080 and 17.44.200:
A. Residential Facilities:
One-Family Dwelling
Two-Family Dwelling
Multifamily Dwelling
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 § 4430)

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 conditions of Section 17.44.110 and the conditional use permit procedure in Chapter 17.134:
A. Nonresidential Facilities:
Open Facilities
B. Telecommunications Facilities:
Mini
Macro
Monopole
(Ord. 12224 § 3 (part), 2000; Ord. 11904 § 5.38 (part), 1996; prior planning code § 4431)

A. Open Front-Yard Parking, Loading Areas and Driveway Entrances from the Principal Street at Ground Level. No front-yard parking or loading area or driveway entrance from the principal street 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, and the use permit provisions of Section 17.44.110.
B. Nonretail Uses on the Ground Floor. Except as provided in Section 17.44.200(C)(1)(a), no Residential Activity; Limited Child Care, Community Assembly, Community Education, Civic Activity; Administrative, Health Care, Medical Service, Consultative and Financial Service, Business and Communication Service or Group Assembly Commercial Activity shall be located on the ground floor of any building as set forth in subsection C of this section, except upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134 and the provisions of Section 17.44.110, and except that incidental pedestrian entrances which lead to such an activity elsewhere in the building are permitted.
C. Areas of Restriction. Ground floor uses are restricted, as set forth in subsection B of this section, for the following area: the properties generally abutting Shattuck Avenue, and Telegraph Avenue between Interstate 580 and 52nd Street/Claremont Avenue. (Ord. 12138 § 6 (part), 1999; Ord. 12016 § 2 (part), 1997; prior planning code § 4432)

Except as provided in Section 17.44.200(C)(1), the total floor area devoted to Commercial or Manufacturing Activities by any single establishment shall not exceed seven thousand five hundred (7,500) 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, and the provisions of Section 17.44.110. (Prior planning code § 4433)

A. Convenience Markets, Fast-Food Restaurants, and Certain Establishments Selling Alcoholic Beverages. See Section 17.102.210.
B. Automotive-Related Activities. All services performed by Automotive Service and Automotive Repair and Cleaning Commercial Activities, except those involving the dispensing of gasoline, shall take place in an enclosed building, and shall be screened from view of the principal street except upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134, and the provisions of Section 17.44.110.
C. Manufacturing Activities. All accessory Manufacturing Activities, as defined in Section 17.10.040 shall be conducted entirely within an enclosed facility. (Prior planning code § 4434)

See Sections 17.44.110 and 17.102.230. (Prior planning code § 4435)

A conditional use permit for any use under Sections 17.44.040, 17.44.060, 17.44.070, 17.44.080, 17.44.090, 17.44.100, 17.44.150C and 17.44.200 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 be of a quality and character which harmonizes with and serves to protect the value of private and public investments in the area;
B. That the proposal will not impair a generally continuous wall of building facades in the locations identified in Section 17.44.070C;
C. That the proposal will not weaken the concentration and continuity of retail facilities at ground level, and will not impair the retention or creation of an important shopping frontage;
D. That the proposal will not interfere with the movement of people along an important pedestrian street;
E. That no front yard parking, loading area, or driveway shall connect or abut directly with the principal commercial street unless the determination can be made:
1. That vehicular access cannot reasonably be provided from a different street or other way,
2. That every reasonable effort has been made to share means of vehicular access with abutting properties, and
3. That the proposal is enclosed or screened from view of the abutting principal street by the measures required in Section 17.110.040B;
F. That the amount of off-street parking, if any, provided in excess of the requirements of this code will not contribute significantly to an increased orientation of the area to automobile or truck movement. (Prior planning code § 4436)

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 § 4438)

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 § 4439)

Residential uses shall be subject to the same maximum density, and other related regulations as set forth in Section 17.28.120 for the R-70 zone, except as modified in Section 17.44.200 for mixed use developments. (Ord. 12776 § 3, Exh. A (part), 2006: prior planning code § 4440)

The maximum nonresidential floor-area ratio of any facility shall be as set forth below.
A. Permitted Floor-Area Ratio. The maximum permitted floor-area ratio shall be 3.0, except that this ratio may be exceeded by ten percent on any corner lot and may also be exceeded by ten percent on any lot which faces or abuts a public park at least as wide as the lot.
B. Floor-Area Ratio for Mixed Use Commercial with Residential Projects. Mixed use projects, as defined in Section 17.44.200, shall have a permitted floor area ratio of 3.0 for the commercial portion of the project.
C. Conditionally Permitted Floor-Area Ratio. The floor area ratio permitted by subsections A and B of this section may be increased by not to exceed fifty (50) percent upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134, and the provisions of Section 17.44.110 in each of the following situations:
1. In the case of a mixed use project with more than four stories containing living units, subject to the provisions of Sections 17.106.040 and 17.44.200;
2. For any facility, upon the acquisition of development rights from nearby lots, subject to the applicable provisions of Sections 17.106.050 and 17.44.200. (Prior planning code § 4441)

Except as otherwise provided in Sections 17.108.020, 17.108.030 and Chapter 17.128, the maximum height of commercial buildings and other facilities shall be thirty-five (35) feet, except as provided in Section 17.44.200(C)(2)(b) for mixed use developments. The maximum height for Residential Facilities shall be forty (40) feet. However, the height of facilities shall be further limited, as applicable, by the provisions of Section 17.108.010 for lots lying along a boundary of a residential zone. See Section 17.44.120 for maximum height of Signs, and Section 17.108.130 for maximum height of facilities within minimum yards and courts. (Ord. 11904 § 5.49, 1996: prior planning code § 4444)

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 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 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 § 4445)

Usable open space shall be provided for Residential Facilities in accordance with the same requirements as are set forth in Section 17.28.160 for the R-70 zone except as provided in Section 17.44.200 (C)(1) for mixed use developments. (Prior planning code § 4446)

All uses shall be subject to the applicable requirements of Sections 17.44.070, 17.44.090 and 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. (Prior planning code § 4447)

A. Mini-Lot Developments. In mini-lot developments, certain of the regulations otherwise applying to individual lots in the C-28 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 meet the minimum land area requirements of Section 17.22.030.
C. Mixed Use Developments Containing Residential and Commercial Activities, Excluding Joint Living and Work Quarters. To qualify as a mixed use development, a project must include at least twenty-five (25) percent of the number of residential units that would be permitted if the project were solely residential.
1. The following bonuses shall be permitted upon the granting of a conditional use permit pursuant to Section 17.44.110 and the conditional use permit procedure in Chapter 17.134:
a. Non-retail ground floor uses prohibited in Section 17.44.070B, not including residential, shall be allowed in instances where the residential uses are provided in the ratio of at least one square foot of residential use per one square foot of non-retail ground floor commercial use.
b. The standards of the S-12 residential parking combining zone regulations relating to reduction of aisle and stall width, and number of allowable compact spaces, shall be allowed for the residential portion of the mixed use project.
c. The minimum requirements for usable open space shall be reduced from one hundred fifty (150) square feet per unit to one hundred twenty (120) square feet of group open space per unit. Private usable open space may be substituted for such group space in the ratio prescribed in Section 17.126.020.
d. The total floor area of commercial and manufacturing activities by a single establishment may exceed seven thousand five hundred (7,500) square feet.
2. In addition to the bonuses listed in subsection (C)(1) of this section, the following bonuses shall be permitted on sites a minimum of one acre in size, upon the granting of a conditional use permit pursuant to Section 17.44.110 and the conditional use permit procedure in Chapter 17.134:
a. The total amount of required parking for the residential component of the mixed use development may be reduced by up to twenty-five (25) percent.
b. The maximum height of the project may be fifty-five (55) feet. (Ord. 12776 § 3, Exh. A (part), 2006: Ord. 11892 § 3, 1996; prior planning code § 4448)

A. Parking and Loading. Except as provided in Section 17.44.200(C)(2)(a), 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-28 zone.
E. Recycling Space Allocation Requirements. The regulations set forth in Chapter 17.118 shall apply in C-28 zone. (Amended during 1997 codification; Ord. 11807 § 3 (part), 1995; prior planning code § 4449)