The provisions of this chapter shall be known as the C-31 special retail commercial zone regulations. The C-31 zone is intended to create, preserve, and enhance areas with a wide range of retail establishments serving both short and long term needs in attractive settings oriented to pedestrian comparison shopping, and is typically appropriate along important shopping streets having a special or particularly pleasant character. These regulations shall apply in the C-31 zone. (Prior planning code § 4475)

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 § 4477)

The following activities, as described in the use classifications in Chapter 17.10, are permitted, subject where applicable to the provisions of Section 17.48.070:
A. Residential Activities:

Permanent

Residential Care occupying a One-Family Dwelling Residential Facility
B. Civic Activities:

Essential Service

Limited Child-Care

Community Assembly

Community Education

Nonassembly Cultural

Administrative

Health Care

Telecommunications
C. Commercial Activities:

Convenience Sales and Service

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 § 5.30 (part), 1996; prior planning code § 4478)

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
Extensive Impact
Special Health Care Civic Activities
C. Commercial Activities:
General Food Sales
Convenience Market
Fast-Food Restaurant
Alcoholic Beverage Sales
Mechanical or Electronic Games, subject to the provisions of Section 17.102.210C
Group Assembly
Research Service
General Wholesale Sales
Automotive Fee Parking
Animal Care
D. Manufacturing Activities:
Custom
E. Agricultural and Extractive Activities:
Plant Nursery
Crop and Animal Raising
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.
(Ord. 12450 § 7, 2002; Ord. 12138 § 5 (part), 1999; prior planning code § 4479)

The following facilities, as described in the use classifications in Chapter 17.10, are permitted, subject where applicable to the provisions of Section 17.48.070:
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 § 4480)

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. Nonresidential Facilities:
Open
B. Telecommunications Facilities:
Mini
Macro
Monopole
(Ord. 12224 § 3 (part), 2000; Ord. 11904 § 5.38 (part), 1996; prior planning code § 4481)

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 § 4482)

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. See also Section 17.102.210.
(Prior planning code § 4483)

See Section 17.102.230. (Prior planning code § 4484)

A conditional use permit for any use under Section 17.48.040, 17.48.060, 17.48.070, or 17.48.080 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 character desired for 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 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 driveway shall connect directly with the area’s principal commercial street unless:
1. Vehicular access cannot reasonably be provided from a different street or other way, and
2. Every reasonable effort has been made to share means of vehicular access with abutting properties;
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 movement;
G. 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 § 4486)

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 § 4488)

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 § 4489)

Residential uses shall be subject to the same maximum density and other related regulations as are set forth in Section 17.28.120 for the R-70 zone. (Ord. 12776 § 3, Exh. A (part), 2006: prior planning code § 4490)

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. However, the height of facilities shall be further limited, as applicable, by the provisions of Section 17.108.010 on lots lying along a boundary of the R-10, R-20, R-30, R-35, R-40, or R-50 zone. See Section 17.48.110 for maximum height of Signs, and Section 17.108.130 for maximum height of facilities within minimum yards and courts. (Ord. 11904 § 5.51, 1996: prior planning code § 4494)

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 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 § 4495)

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. (Prior planning code § 4496)

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 17.48.070. (Prior planning code § 4497)

A. Mini-Lot Developments. In mini-lot developments, certain of the regulations otherwise applying to individual lots in the C-31 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 herein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the C-31 zone, and certain of the other regulations applying in said zone may be waived or modified. (Prior planning code § 4498)

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-31 zone.
E. Recycling Space Allocation Requirements. The regulations set forth in Chapter 17.118 shall apply in C-31 zone. (Amended during 1997 codification; Ord. 11807 § 3 (part), 1995; prior planning code § 4499)