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HomeMy WebLinkAbout94-49 - Resolutions RESOLUTION NO. 94-49 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT 94-02 AMENDING TITLE 17 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga has filed an application for Development Code Amendment No. 94-02, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application. " 2. On the 8th day of June 1994, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced public hearing on June 8, 1994, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located within the City; and b. The proposed amendments will not have a significant impact on the environment. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That this amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development; and b. That the proposed amendment is consistent with the objectives of the Development Code; and PLANNING COMMISSION RESOLUTION NO. 94-49 DCA 94-02 - CITY OF RANCHO CUCAMONGA June 8, 1994 Page 2 c. That the proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. That the proposed amendment will not be detrimental to the objectives of the General Plan or the Development Code. 4. This Commission hereby finds that the project has been prepared and reviewed in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and further, specifically finds that based upon substantial evidence, it can be seen with certainty that there is no possibility that the proposed amendment will have a significant effect on the environment and, therefore, the proposed amendment is exempt pursuant to State CEQA Guidelines, Section 15061 (b) (3) . 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby resolves as follows: a. That the Planning Commission of the City of Rancho Cucamonga hereby recommends approval of Development Code Amendment 94-02 to modify the Municipal Code per the attached Ordinance. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF JUNE 1994. PLANN' ' 0 SSION OF E CITY OF RANCHO CUCAMONGA a N BY: . __ E. Dhairman ATTEST !�= Bra• r?lertary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 8th day of June 1994, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ADOPTING DEVELOPMENT CODE AMENDMENT NO. 94-02, AMENDING THE DEVELOPMENT CODE TO STREAMLINE THE DEVELOPMENT REVIEW PROCESS, AND MODIFYING THE LAND USE REGULATIONS FOR COMMERCIAL/OFFICE DISTRICTS, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The purpose and intent of this Ordinance is to streamline the review process for various development permits. The Development Code of the City of Rancho Cucamonga currently provides regulations for land use and the review of new development permits. Prior to the adoption of this Ordinance, this Council has had available and reviewed a detailed study prepared by a consultant with respect to the development review process. The general summary of the study is that the customers (developers, business owners, homeowners, etc. ) are concerned with the length of time required to complete the process. This Council hereby finds and declares its intent: a. That the review process should be simplified without compromising the quality of development. b. To create greater efficiency in the process to allow the Planing Commission to focus on broader policy issues. c. To maintain a process that is timely, fair, and thorough. 2. On June 8, 1994, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the above referenced Development Code Amendment and, following the conclusion thereof, adopted its Resolution No. 94-49, recommending that the City Council of the City of Rancho Cucamonga adopt these amendments. 3. On , 1994, the Council conducted and concluded a duly noticed public hearing concerning the subject amendments to the Development Code. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. CITY COUNCIL ORDINANCE NO. DCA 94-02 - STREAMLINING DEVELOPMENT REVIEW PROCESS July , 1994 Page 2 SECTION 2. The City Council of the City of Rancho Cucamonga hereby finds that this amendment is established and adopted to protect and promote the public health, safety, morals, comfort, convenience, welfare; and more particularly; 1. To implement the goals and objectives of the General Plan and to guide and manage the future growth of the City in accordance with such plan; 2. To protect the physical, social, and economic stability of commercial, office and other land uses within the City to assure its orderly and beneficial development; 3. To reduce hazards to the public resulting from the inappropriate location, use, or design of buildings, and other improvements; and 4. To attain the physical, social, and economic advantages resulting from comprehensive and orderly land use and resource planning. SECTION 3. The City Council of the City of Rancho Cucamonga hereby finds that the project has been prepared and reviewed in compliance with the California Environmental Quality act of 1970, as amended, and the Guidelines promulgated thereunder, and further, specifically finds that, based upon substantial evidence, it can be seen with certainty that there is not possibility that the proposed Ordinance will have a significant effect on the environment and therefore, the proposed Ordinance is exempt pursuant to State CEQA Guidelines Section 15061 (b) (3) . SECTION 4. Section 17.02.050 is hereby amended to add a new subsection 6 to read as follows: 6. Authority. The City Planner shall exercise that authority set forth in Government Code 65900 et seq. and as set forth hereafter. -SECTION 5. Section 17.02.100, subsection B, is hereby amended to read as follows: B. Extensions. An extension may be t00044 granted by the City Planner for lapse of approval for projects described in the previous subsection. Apl#¢#4t4 ¢#ttt44ZU f#4411¢ $1 %$¢ My Pt$$$*t 0#1 W# 4t0004¢0 Wt 00 Mt ?WOW Attt$t4t4 #t 010 Pt#$#t#S 0000X 00i00 ##1 4$X1 00 0t0¢#4¢4 4t 014 Pt##4t44 044'$i44i44/ Extensions may be granted in twelve (12) month increments and not to exceed a total of four (4) years from the original date of approval, unless otherwise provided for by state law. All requests for extensions should be filed with the City Planner as least 4tt}`# 1001 thirty (30) days prior to the expiration date. The City Planner ¢# Pt4(4t$t 0000444t44 may extend the approval of a project if $$fl he finds that there #i44 have been no significant changes in the Land Use Element, Development Code, or other applicable specific/community plan, character of the area within which the project is located, or CITY COUNCIL ORDINANCE NO. DCA 94-02 - STREAMLINING DEVELOPMENT REVIEW PROCESS July , 1994 Page 3 current planning policy or past practice that would cause the approved project to become inconsistent or non-conforming. Also, %SO granting of an extension should not be detrimental to the safety or welfare or materially injurious to properties or improvements in the vicinity. If the City Planner finds that there is significant change, the City Planner shall refer the extension request to the Planning Commission for consideration. SECTION 6. Section 17.02.110 shall be amended to read as follows: Section 17.02.110 Public Hearings and Notification A. General. A public hearing shall be held prior to action by the City Planner, Planning Commission, or City Council in any of the following cases. These public hearings are conducted in order to encourage public participation and discussion. 1. Any change in the text of this title and/or General Plan. 2. Any change in the District Map. 3. As specifically required by state law (i.e. , tentative tract and parcel map, conditional use permits, variances) . 4. As determined necessary or desirable by the City Planner, Commission, and/or Council upon the adoption of a resolution setting the time and place for a public hearing. 5. Apartments and/or multi-family projects of four (4) units or more. B. Authority to Notice Hearings. The City Planner is hereby authorized to advertise and to notice a public hearing as provided in this part for the Planning Commission or City Planner and the City Clerk for the Council when required by this title or when such hearing is considered desirable or necessary in order to carry out the purpose of this title. C. Notice of Filing. 1. Standard Notice Requirement. At such time as an application for a project which requires a public hearing before the City Planner or the Planning Commission is deemed complete for processing, the City Planner shall cause notices to be posted conspicuously on the project site not more than 300 feet apart along project perimeter fronting on improved public streets. Each notice shall contain a general description of the project and a copy of any proposed subdivision map or site plan. Such notices shall have the following title in lettering not less than one (1) inch in height: "NOTICE OF FILING." CITY COUNCIL ORDINANCE NO. DCA 94-02 - STREAMLINING DEVELOPMENT REVIEW PROCESS July , 1994 Page 4 2. Supplemental Notice Requirements. a. Applicability: In addition to standard requirements, large 4-foot by 8-foot sign or signs shall be required to be posted at the project site for development related projects in any one of the following circumstances: (1) The proposed development is an infill project with a higher intensity land use than that of the existing neighborhood; or, (2) The proposed infill project requires a General Plan land use amendment; or, (3) The proposed infill project requires an EIR; or, (4) As determined to be necessary and desirable by the City Planner based on the nature of the proposed project. For large projects, the City Planner may determine that more than one sign is necessary. The purpose of the supplemental large sign notice requirement is to notify the community and the neighbors in the affected area early in the review process, allowing the applicant and the City the benefit of citizens' comments during the initial stages of project review. If it is determined upon initial submittal that a large, 4- foot by 8-foot notification sign(s) is necessary, the applicant shall be notified of required sign bonding fees and sign permit filing requirements within 30 days as part of the City's Notice of Complete Application. A $500 cash deposit is required to ensure compliance with the supplemental notification requirements including maintenance and removal of the large notification sign. The project application shall not be deemed complete until the large sign is installed and required cash deposit made. b. Sign Criteria/Maintenance. In order to implement the large signs as an effective form of public notification, the following rules and standards shall apply: (1) Sign Size and Specifications. All large sign(s) shall be four feet by eight feet (4' x 8' ) in size and be constructed to the specifications of Figure 1. The specific project information text on the sign shall be provided by the Planning Division. CITY COUNCIL ORDINANCE NO. DCA 94-02 - STREAMLINING DEVELOPMENT REVIEW PROCESS July , 1994 Page 5 (2) Location and Installation Standards. All large sign(s) shall be installed according to the specifications of Figure 2. The location for the sign(s) on the project site shall be determined by the City Planner. (3) Timing. All large notification sign(s) shall be installed by the applicant at the project site in accordance with the above criteria. Once the project application is deemed complete and all notification sign(s) installed per City standards, the project will be scheduled for Design and Development Review Committee meetings. (4) Sign Removal and Maintenance. All large sign(s) must be kept adequately maintained and remain in place until the final decision on the application has been made or the application is withdrawn. All large sign(s) shall be removed by the applicant within .fourteen (14) days of the final decision or date of withdrawal. Failure to remove the sign within the prescribed period may result in forfeiture of the cash deposit and removal of the sign by the City. D. Notice of Hearing. At least ten (10) days before the public hearing of a project requiring a public hearing, the City Planner shall cause notice of the time and place of the public hearing on the project to be given in the following manner: 1. By publication once in The 0SZX1 Rlt$tl' The Inland Valley Daily Bulletin, a newspaper of general circulation within the City of Rancho Cucamonga. 2. By mail or delivery to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the project. 3. By posting notices conspicuously on the project site not more than 300 feet apart along project perimeter fronting on improved public streets. Each posted notice shall contain a general description of the project and a copy of any proposed subdivision map or site plan. Said posted notices shall have the following title and lettering not less than one (1) inch in height: "PLANNING COMMISSION HEARING" or "PUBLIC HEARING. " 4. Supplemental Notice Requirements. Additional public notification beyond the standard 300-foot boundary shall be CITY COUNCIL ORDINANCE NO. DCA 94-02 - STREAMLINING DEVELOPMENT REVIEW PROCESS July , 1994 Page 6 required for a development related project as determined by the City Planner in any one of the following circumstances: a. The proposed development is a residential infill project with a higher intensity land use than that of the existing neighborhood; or, b. The proposed residential infill project requires a General Plan land use amendment; or, c. The proposed residential infill project requires an EIR; or, d. As determined to be necessary and desirable by the City Planner based on the nature of the proposed project. In determining the boundaries of the expanded notification area, the following criteria shall be used. (a) The expanded area may be directly affected by the proposed project due to proposed or established circulation and drainage patterns, or access, view, grading, or other similar considerations; or (b) The expanded area is an integral part of the affected neighborhood or subdivision. If it is determined upon initial submittal that supplemental notification is necessary, the applicant shall be notified, within 30 days as part of the City's Notice of Complete Application, of expanded notification area to be included in the mailings, and shall be required to submit three (3) sets of gummed address labels based on the latest equalized tax assessors rolls for the expanded area. The application shall not be deemed complete until the labels have been submitted. E. Other Notice Requirements. Notices required by this section shall be in addition to any other or different notice required by other provisions of this code or by state law, provided, however, that nothing therein shall require separate notices to be given if the same notice will satisfy the requirements of this section and any other applicable section of this code or state law. F. Effect of Failure to Give Notice. No action, inaction, or recommendation regarding any project by the City Planner, Planning Commission, or City Council shall be held void or invalid or be set aside by any Court by reason of any error or omission pertaining to the notices, including the failure to CITY COUNCIL ORDINANCE NO. DCA 94-02 - STREAMLINING DEVELOPMENT REVIEW PROCESS July , 1994 Page 7 give any notice required by this section, unless the Court after an examination of the entire case shall be of the opinion that the error or omission complained of was prejudicial, and that by reason of such error or omission the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error or omission had not occurred or existed. There shall be no presumption that error or omission is prejudicial or that injury was done if error or omission is shown. SECTION 7. Section 17.04.030, subsection G, shall be amended to read as follows: G. Revisions/Modifications. Revisions or modifications of Conditional Use Permits can be requested by the applicant. Further, the Planning Commission may periodically review, modify or revoke a Conditional Use Permit. 1. Revisions/Modifications by applicant. A revision or modification to an approved Conditional Use Permit such as, but not limited to, change in conditions, expansions, intensification, location, hours of operation, or change of ownership, may be requested by an applicant. Such request shall be processed as described in Sections 17.04.030-C through F. The applicant shall supply necessary information as determined by the City, to indicate reasons for the requested change. 2. Periodic Review. 010 PX4$$Xf91 0000X0flfd1 The Planning Commission may periodically review any Conditional Use Permit to ensure that it is being operated in a manner consistent with conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity. If, after review, the Commission deems that there is sufficient evidence to warrant a full examination, then a public hearing date shall be set. 3. Modification or Revocation. Ot pis¢ 0000X0fl0$/ After setting a date for public hearing as described in Subsection 2 above, the City Planner shall notify the applicant and owners of the CUP in question. Such notice shall be sent by certified mail and shall state that the Commission will be reviewing the CUP for possible modification or revocation. It shall also state the date, time and place of hearing. The public hearing shall be conducted and notice given in accordance with Section 17.02. 110. The City Planner shall fully investigate the evidence and prepare a report for the Commission's consideration. Upon conclusion of the public hearing, the Commission shall render a decision to do one of the following measures: CITY COUNCIL ORDINANCE NO. DCA 94-02 - STREAMLINING DEVELOPMENT REVIEW PROCESS July , 1994 Page 8 a. Find that the CUP is being conducted in an appropriate matter and that no action to modify or revoke is necessary; or, b. Find that the CUP is not being conducted in an appropriate manner and that modifications to conditions are necessary; or, c. Find that the CUP is not being conducted in an appropriate manner and that modifications are not available to mitigate the impacts and therefore revokes the permit which requires the operation to cease and desist in the time allotted by the Commission. If the Planning Commission either modifies or revokes a CUP, then they shall state reasons for such action within the resolution. H. New Applications following Denial or Revocation. Following the denial or revocation of a Conditional Use Permit application, no application for a Conditional Use Permit for the same or substantially the same use of the same or substantially the same site shall be filed within one year from the date of denial or revocation. SECTION 8. Section 17.04.035 is hereby added to read as follows: Section 17.04.035 Non-Construction Conditional Use Permits A. Authority Where there is no exterior construction involved, the City Planner is authorized to grant or deny Conditional Use Permits in accordance with the procedure in Section 17.04.030 and impose reasonable conditions. If in the opinion of the City Planner the application involves unusual requirements or raises questions of land use policy substantially more significant than generally pertain to such application, the City Planner may refer the application to the. Planning Commission for consideration. B. Public Hearing. The City Planner shall hold a public hearing on each application for a Non-Construction Conditional Use Permit. The hearing and notice shall be set and notice shall be given as prescribed in Section 17.02.110 Public Hearings. C. Revisions/Modifications. Revisions or modifications of Non- Construction Conditional Use Permits can be requested by the applicant and approved or denied by the City Planner. Further, the City Planner may periodically review, modify or revoke a Non-Construction Conditional Use Permit in accordance with the procedures of Sections 17 .04.030.6. CITY COUNCIL ORDINANCE NO. DCA 94-02 - STREAMLINING DEVELOPMENT REVIEW PROCESS July , 1994 Page 9 SECTION 9. Section 17.06.010, subsection C, is hereby amended to read as follows: C. Authority 1. Planning Commission Review: Development/Design Review applications which meet any of the following criteria shall require review and consideration by the Planning Commission: 4/ A01 100100% 00140 00160000 4X044 100%0iXX 800X41410/ 04144 A144001 0# 441 non 000014X 000X014100/ 44 0000t1000 04 %00 0000t4X PX44/ 400 0/ ?#0100x4 014100 t4XX 01%014 %00 00441%110 X444 040 4#444/ Ot 40041%110 0411#00000%41 4#4441 440 0/ AXX t#0100$0 OWN 4t0 044%0# 1X44400/ 14 0000#1000 14 014140# 17/70/030/ 044%4# i1400/ 0000 %N0 044%4# 1X40 040 000$ 416100100 01 %00 PX404140 0000100104 400 0000 00% 14X1 04 4 41600141 0001 014#0 041 00 400t0100 01 %00 01%1 PX4000t/ 0/ AXX 4001%1004 %04% 040000 %0% 01 %00 01144144 4%#00%0#0 400 000% t4401#4044%4 01 X 400 7 004XX tOtOttO i1404100 0000104100 416161014X/ 0/ AXX t#0640%4 #401111#100 44 8X7 004XX t0401t0 PX4$$144 0000100100 #411410/ 1/ AXX #441004%141 1610100%0 016 0010 $040 ton 141 0001X140 001%0/ 4/ AXX 16#0140%4 01%010 $ 01XX4100 4104 no 000100$ %0 #41140 00#0040% %0 $00%104 X71741040101 (a) Any project being proposed along a Special Boulevard as defined by the General Plan, except for structures within projects with an approved master plan as provided for in subsection (b) below. (b) All projects which are master planned. Once the master plan, including architectural guidelines, has been approved by the Planning Commission, individual structures may be approved by the City Planner. (c) All residential subdivisions. (d) All shopping centers, except individual structures may be approved by the City Planner where a master plan, including architectural guidelines, has been approved by the Planning Commission. CITY COUNCIL ORDINANCE NO. DCA 94-02 - STREAMLINING DEVELOPMENT REVIEW PROCESS July , 1994 Page 10 (e) Any project requiring an Environmental Impact Report (EIR) or Environmental Impact Statement (EIS) . (f) All projects of more than ten (10) acres of land. (g) Certain projects within a hillside area are subject to review pursuant to Section 17.24.020.B. The Planning Commission is authorized to approve or deny applications and to impose reasonable conditions upon such approval, subject to the right of appeal. Conditions may include, but shall not be limited to requirements for open spaces, screening and buffering of adjacent properties, fences, and walls; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion; and such other conditions as the Commission may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Commission to make the findings required by Section 17.06.020-F. 2. City Planner Review: Development/Design Review applications which do not require Planning Commission review as described above shall be subject to review and approval by the City Planner. Although, if in the opinion of the City Planner the application involves unusual site development requirements or unique operating characteristics, or raises questions of development policy substantially more significant than generally pertain to applications for development review and which require Planning Commission consideration, the City Planner may refer the application to the Planning Commission. The City Planner may, contingent upon environmental clearance by the Planning Commission, grant approval or grant approval in a modified form or subject to conditions, or may deny the application. Conditions may include, but shall not be limited to; requirements for open spaces, screening and buffering of adjacent properties, fences and walls; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications, regulation of vehicular ingress, egress, and traffic circulation; regulation of signs; regulation of hours or other CITY COUNCIL ORDINANCE NO. DCA 94-02 - STREAMLINING DEVELOPMENT REVIEW PROCESS July , 1994 Page 11 characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion; and such other conditions as the City Planner may deem necessary to insure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the City Planner to make the findings required by Section 17.06.0710-F. 3. The 0$t¢Z$0001f/ Technical, Design, and Grading Review Committees are hereby established to be advisory to the Planning Commission and the City Planner. 1p( 4t¢40 Of 0010101500W D#W 00 0# 0140100 100000/ SECTION 10. Section 17.06.010, subsection E, second paragraph, is hereby amended to read as follows: E.I. Development/Design Review Procedure 2.II. All development proposals submitted pursuant to this Section are initially reviewed by the 00101015000f/ Technical, Design, and Grading Committees: (1) Design Review Committee - architecture and site planning; (2) Grading Committee - grading and drainage; and (3) 00j0x0000Af Technical Review Committee - compliance with technical code requirements. Each committee shall make a recommendation on each project for consideration by the Planning Commission or City Planner, if applicable. SECTION 11. Section 17.10.030, Table 17.10.030 Use Regulations For Commercial/Office Districts, subsections A through E, are hereby amended to read in words and figures as set forth in Exhibit "A" attached hereto and hereby incorporated by reference. .SECTION 12. Section 17.04.050, subsection D, is hereby amended to read as follows: D. Notification. The City Planner shall notify the applicant and contiguous property owners and other interested parties by 00t%1t100 mail ten (10) days prior to the 41x1 p100A100 decision 01510$ 00 41X1 0100001 000 0M0 00$0011$1 %0 001610101 on the Minor Exception request. Said notice shall state the following: 1. Requested action 2. Location of requested action 3. Name and address (parcel and lot number) of applicant 4. Date after which a decision will be made on application 5. Name of City Planner and telephone number of City Hall. eXN�$�r ilA Section 17.10.030 C. General Commercial District (GC): This district is intended for general corn mereial activities and services of a more intensive nature. These uses would be located primarily along major transportation routes and would include major shopping facilities, major service-oriented uses, major financial and corporate headquarters which are designed to serve the City or the region as a whole. Section 17.10.030 Use Regulations Uses listed in Table 17.10.030 shall be allowable in one or more of the commercial districts as indicated in the columns beneath each commercial district. Where indicated with the letter "P", the use shall be a permitted use in that district. Where indicated with the letter "C", the use shall be a conditional use subject to the Conditional Use Permit process. In the event there is difficulty in categorizing a given use in one of the districts, the procedure outlined in Section 17.02.040 shall be followed. TABLE 17.10.030 USE REGULATIONS FOR COMMERCIAL/OFFICE DISTRICTS USE OP NC GC A. Offices and Related Uses 1. Administrative and executive offices. P P P 2. Artist and photographic studios, not P P P including the sale of equipment or supplies. 3. Clerical and professional offices. P P P 4. Financial services and institutions`, .c/ P P P drive -WOK AC,cks. 5. Medical, dental and related health P P P services (non-animal related) including laboratories and clinics; only the sale of articles clearly incidental to the services provided shall be permitted. 6. Prescription pharmacies, (also when P P P located within a building containing the offices of 5 or more medical practitioners) 7. Public buildings (1yby, city and county P P P buildings, special districts and post office). 8. Public utility service offices. P P p 9. Public safety facility (police, fire, C C C ambulance and paramedics). -98- Section 17.10.030 USE OP NC GC 10. Related commercial uses (blueprinting, P P P stationary, quick copy, etc.) when incidental to an office building or complex. B. General Commercial Uses 1. Antique shops - P P 2. Adult business (see special requirements - - C per Section 17.10.030) 3. Animal Care Facility (animal hospital, veterinarian, commercial kennel, grooming). (a) Excluding exterior kennel, pens, or C P P runs. (b) Including exterior kennel, pens, or - - C runs. 4. Apparel stores. 5. Art, music and photographic studios and P P supply stores. 6. Appliance stores and repair. - M 7. Arcades (see special requirements per - C C Section 17.10.030 F.) 8. Athletic and Health Club, gyms and P P P weight reducing clinics. 9. Automotive services (including motorcycles, boats, trailer and camper) (a) sales g/G - 7c. (b) rentals - - RC- (c) repairs (n or engine work, muffler - - C shops, painting, body work and upholstery) (d) Coin-op washing C C C (e) Automatic washing C C C -99- Section 17.10.030 USE OP NC GC (1) Service or gasoline dispensing C C P stations (including minor repair such as tune-ups, brakes, batteries, tires, mufflers) (g) Parts and supplies \ - P P y ) "T:;^t '.lil,,^ to.13, `sei t,iCC GO 0 1dcty 91t'eAdr_) 7 10. Bakeries (retail only). ✓✓ - P P 11. Barber and beauty shops. P P P 12. Bicycle shops. - P P P P P 13. Blueprint and photocopy services L-1.4-r--Beat-an. • .er - - • • se . . . - - 15. Book, gift and stationary stores (other ,2(P P P than adult related material). 16. Candy stores and confectionaries. - P P 17. Catering establishments. - - P 18. Cleaning and pressing establishments. g'P P P 19. Carpenter shop or cabinet shop. - - P 20. Cocktail lounge (bar, lounge, tavern) including related entertainment. (a) Operated independent of a C - C restaurant (b) Accessory to a restaurant C C C 21. Commercial recreation facilities. (a) Indoor use; such as bowling, C C P theaters, billards, etc. (b) Outdoor uses such as golf, tennis, C C C basketball, baseball, trampolines, etc. $2. Con racto ds (scr 'ng o o tdoel� �/stora equire . 23. Dairy product stores. - P P XiC. PeI, cofeeS €"5 — Q 1' -100- Section 17.10.030 USE OP NC GC 24. Department stores. - - P 25. Drive-in businesses, including theaters. - C C (other than fast food restaurants) 26. Drug stores and pharmacies. A) P P 27. Equipment rental yards. fo.`D`' - - C XX. electrcii& 9ood420E NS,yfeetiediC.Pi)s•-leso.tdsety..e.e — P P 28. Fast-food restaurants C C P 29. Feed/Tack stores - ter P 30. Florist shops. P P P 31. Food stores and supermarkets. - P P 32. Furniture stores, repair and upholstery. - P P 33. General retail stores. - P P 34. Hardware stores. - P P 35. Home improvement centers. (a) Material stored and sold within - P P enclosed buildings (b) Outdoor storage of material such as - - C lumber 6c building materials 36. Hotels and Motels. e' G P 37. Ice Machines (outdoor). - ErPP 38.= Janitoral services and supplies. JOC P P 39. Jewelry stores. - P P 40. Laundry-self-service. - P P 41. Liquor stores. - Al /G 42. Kiosks for key shops, film drops, etc. in - A 7/17 parking lots. 43. Locksmith shop. - P P 44. Mini-storage for public use (no outdoor - - C storage). -101- Section 17.10.030 USE OP NC GC 45. Mortuaries and cemeteries. C C C •6. ' . •rc - :; : • . - - sa . Mus;c, 9a,ce,Ovid Marfia.f Atit 51vd.a - 4" (' P 47. Newspaper and magazine stores,_pcicfting /P 2-F P pnd puhlichipg. 48. Nurseries and garden supply stores; - P P provided, in the NC district, all equipment, supplies and material are kept within an enclosed area; a4{p'-,r:dlka l` -Ferf�Afar 5*ved it, p.ckafyecl {a.r av&ty . 49. Office and business machine stores. .Clr P P X x, ofHL-e 5veiol y Si P f- e 50. Parking facilities (commercial) where fees .z'p - P are charged. c -7 51. Political or philanthropic headquarters. )1/1" VP P 52. Pet shop. - P P - 53. Plumbing shop and supplies. - - P 54. Photocopy P P P 55. Printing shops. - - P 56. Restaurants (other than fast food). (a) With entertainment and/or -serving— C C ,PSG cockiakt Icun9c,bar, (b) Incidental serving of beer and wine P P P but without a cocktail lounge, bar, entertainment or dancing ' 57. Recreational Vehicle Storage Yard. 41- 0 - C D 58. Shoe stores, sales and repair. - P P 59. Second-hand stores and pawn shops. - - P 60. Shopping Center subject to provisions in - C C Section 17.10.030-F.5. 61. Spiritualist readings or astrology - - P forecasting. 62. Sporting goods stores. - P P 63. Stamp and coin shops. - P P -102- Section 1.10.030 USE OP NC GC 64. Swimming pool supplies. - P P 65. Tailor. - P P 66. Taxidermists. - - P flay Q c6,8.-- a-sales and-service.,!- '__i—■_--- ---------------`G—' 69. Toy stores. - P P 70. Travel agencies. P P P 71. Transportation facilities (train and bus, C C C taxi depots). 72. Truck and trailer rental, sales and service. - - C 73. Variety stores. - P P 7 . • o . C. Public and semi-public uses 1. Day Care Facilities C C C 2. Convalescent facilities, t( q r e'P - g"P X. Hosp;+z k5 G — C. 3. Private and public clubs and lodges, C C C including YMCA, YWCA and similar youth group uses. 4. Educational institutions, parochial, private C C C (including colleges and universities). 5. Libraries & museums, public or private. VP VP VP 6. Parks and recreation facilities, public or C C C private. 7. Public utility installations. C C C 8. Vocational or business trade schools. C C C 9. Churches, convents, monasteries and other C C C religious institutions. -103- Section 17.10.030 USE OP NC GC D. Accessory Uses 1. Acessory structures and uses customarily P P P incidental to a permitted use and contained on the same site. 2. Accessory structures and uses customarily C C C incidental to a conditional use and contained on the same site. 3. Caretakers residence )2/ P 4. Amusement Devices, per Section f P P P 17.10.030-F. E. Temporary Uses 1. Temporary uses as prescribed in Section P P P 17.04.070 and subject to those provisions. 2. Temporary office modules, subject to C C C provisions in Section 17.10.030-F.4. F. Special Use Regulations 1. Adult Businesses. In consideration of approval of any adult business, as defined in Chapter 17.02, a Conditional Use Permit shall be approved for an adult business in the GC District subject to all the standard development requirements unless: (a) Such business is located within 1,000 feet of a college or university, a public or private.educational facility, a church, a park or recreational facility, a library, a post office, or a governmental institution. (b) Such business is located less than 1,000 feet of any other adult business. (c) Such business is located less than 1,000 feet from any property in a residential zone or within 1,000 feet of any group of 5 or more dwellings in any other zone. 2. Amusement Devices. The use of amusement devices, as defined in Chapter 17.02, as an accessory use to a permitted use, shall be regulated based on the following criteria. (a) No more than three (3) devices, but not to exceed five percent (5%) of the public floor area, may be permitted per business without approval of a conditional use permit. Each machine and playing area occupies a minimum of ten (10) square feet. -104-