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HomeMy WebLinkAbout2010-07-13 - AGENDA REPORTS - SOLEDAD COMMONS POSSIBLE ANNEX (2)Agenda Item: 74 77 CITYOF SANTA CLARITA AGENDA REPORT NEW BUSINESS City Manager Approval: Item to be presented by: Sharon Sorensen DATE: July 13, 2010 SUBJECT: MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA CLARITA AND SOLEDAD COMMONS, LLC. REGARDING THE POTENTIAL ANNEXATION OF THE SOLEDAD COMMONS RETAIL CENTER INTO THE CITY OF SANTA CLARITA DEPARTMENT: Community Development RECOMMENDED ACTION City Council grant the City Manager authority to execute the Memorandum of Understanding (MOU), subject to City Attorney approval. Approval of this MOU does not constitute an approval of the Annexation request, nor does it obligate the City to initiate the annexation. BACKGROUND On July 8, 2010, the City Council of the City of Santa Clarita approved an amendment to the Unified Development Code (UDC) to grant the City Council the authority to exempt certain standards of the UDC for County -approved projects that annex to the City. Soledad Commons, LLC. (the "Applicant") has secured approvals from the County to construct a 60,496 square -foot shopping center on 8.3 acres of land located at 14620 Soledad Canyon Road in the Canyon Country Community, as shown in Exhibit "A" of the Draft MOU. The Applicant is requesting that the City accept this approval so that it can be constructed in the City following annexation. As approved, certain aspects of the project do not meet the City's standards such as parking and the level of review required for certain uses. In exchange for these minor exceptions to the City's Code, the owner has agreed to limit the type of businesses that advertise on a freeway -oriented pylon sign consistent with the City's Sign Ordinance; to construct a dedicated right -turn lane at the main entrance to the center, which APPROYED would result in better traffic flow on Soledad Canyon Road; and to enhance the architectural design of the buildings. Therefore, if the City wishes to accept the project, it would need to grant an exception to those elements of the project where the City and County standards differ. It is in the City's interest to enter into this MOU so that should this property annex, the City would receive a portion of the sales tax revenue generated by the center and in addition, the center would be more consistent with City development than it otherwise would if it were to remain in the unincorporated County. The property owner has reviewed, and is in support of, the draft MOU, and further supports annexation of the project site into the City. The County is not a party to the MOU as it is an agreement between the City and the property owner for the processing of their request to annex to the City. However, should the annexation move forward, the County would need to participate in the annexation process through the required tax sharing agreement between the City and the County. In this regard, the attached Draft MOU has been prepared. The areas in which the Council would be granting exceptions to the Code or that are recommended changes to the project as approved, are discussed below. Approval of an MOU at this time does not constitute City Council approval to initiate annexation. If the MOU is approved, the Annexation, pre -zone, and General Plan Amendment would be scheduled for public hearing before the Council on August 24, 2010. ANALYSIS Architecture The architecture approved for this project by the County is not in keeping with the Community Character and Design Guidelines. However, staff reviewed the architecture and obtained a recommendation for additional enhancements from the City's architectural design consultant, RRM Design Group. Based on these recommendations, revised elevations have been prepared by the applicant and attached as Exhibit "C" to the Draft MOU. These elevations bring the development more in line and consistent with the City's Community Character and Design Guidelines. Signs A sign program was prepared for the Soledad Commons project to address the installation of all signs in the shopping center, including all monument, wall, directional, and pylon signs. The sign program is substantially consistent with the City's Sign Ordinance with the exception that the County does not limit the type of businesses that can advertise on freeway pylon signs. The City's Sign Ordinance does not allow shopping centers under 50 acres in size to have a pylon sign with the exception of allowing one pylon sign for each parcel with a freeway oriented food service, lodging, or fueling use along a freeway. Therefore, allowing one pylon sign as approved in the sign program will reduce the proliferation of multiple pylon signs on the project site. In order to be consistent with the City's Sign Ordinance, the MOU has been drafted with the limitation that only freeway -oriented food service, lodging, and fueling advertising will be permitted on this pylon sign. z Parking Under the UDC, parking within a retail center under 100,000 square feet in size is based on the applicable standard for the individual uses within the retail center. The Applicant has requested that parking for the Soledad Commons retail center be considered under the City's standard of five (5) spaces per 1,000 square feet of building area typically applied to retail centers in excess of 100,000 square feet of commercial space. Currently, the 60,496 square -foot retail center has 339 parking stalls. While this exceeds the City's parking requirements with a ratio of 5.5 parking stalls per 1,000 square feet of building area, it is difficult to anticipate the various uses within the shopping center to determine the parking demand. For centers that are below 100,000 square feet, the City would break down the parking demand based on the individual uses proposed within the center and would update the parking demand for the center as new uses move into and out of the center. Allowing the center to park at the 5 stalls to each 1,000 square feet ratio would allow greater leasing flexibility with future tenants, and would further make the exact parking demand a fixed number regardless of the future uses. In theory, the worst-case scenario could allow for the entire center to be leased to restaurants, instructional schools, medical offices, and other high parking demand uses, which may result in parking constraints. However, economic factors require a functional and healthy mix of retail and service-oriented tenants that typically balance the parking demand within a retail center. Therefore, if the Council approves the MOU, this would be an exception to the City's parking code for a center of this size although practically, it is not anticipated that a parking shortage would result. Permitted Uses The City and County have, for the most part, similar permitted uses based on various commercial zoning designations. The applicant has requested that their project maintain the uses permitted under the C-2 Neighborhood Business zone under the County. A list of the County permitted uses is attached to the Draft MOU as Exhibit `B". Differences in allowable uses and their associated level of review between the City's Community Commercial (CC) and the County's C-2 zones are listed in Attachment 1 to this report. Some of the more significant differences are that the County's C-2 zone allows certain uses by right where the City's CC zone requires a Minor Use Permit (MUP) or a Conditional Use Permit (CUP). These uses include: automobile and boat sales and rental; tobacco shops; child care centers; churches; instructional schools; and drive through restaurants. It should be noted that the Soledad Commons retail center currently proposes three drive-through restaurant pads and a child care facility which under the terms of the MOU would be allowed by right. A two uses permitted under the County's C-2 zone that are proposed to be prohibited are medical marijuana dispensaries and automotive sales. Because medical marijuana dispensaries have been prohibited in the City, the Draft MOU specifies that this use would not be permitted should this property be annexed to the City. Because the City has adopted the Vehicle Services Overlay zone, the location of automotive sales elsewhere in the City is discouraged and/or prohibited depending on location in the City. d�" Phasing Plan The applicant has proposed a phasing plan to guide the development of the Soledad Commons project site. The phasing plan is broken into two phases, outlining when the various improvements are to be constructed and when certain improvements in the public right-of-way are to be completed. Phase I includes the development of the project site roughly west of Mammoth Lane. This would include the construction of one building on the project site, along with all planting, parking, ADA accessibility, irrigation, and access to the project site. In addition, Phase I will include the installation of a temporary irrigation and/or a soil bonding agent on the vacant portions of the site to be developed in future phases to prevent erosion from occurring. Phase II will include the build -out of the balance of the site, slope planting, right-of-way improvements along the project frontage to the City standard (parkway, curb, gutter, sidewalk, street trees, and streetlights), all remaining site improvements, the installation of a right -turn deceleration lane at the Mammoth Lane entrance to the project site, and a traffic signal at Mammoth Lane. ALTERNATIVE ACTIONS Other actions as determined by the City Council. FISCAL IMPACT The approval of this MOU does not have a direct fiscal impact. The fiscal impact associated with the annexation of the project site will be evaluated at a later City Council meeting. ATTACHMENTS Permitted Use Comparison Memorandum of Understanding Exhibit A - Site and Phasing Plan Exhibit B - Permitted Uses in the C-2 Zone Exhibit C - Elevations Exhibit D - Sign Program Exhibit 1 Permitted Use Comparison Soledad Commons MOU Permitted Uses County (C-2) City (CC) 1. Sales. P P -- Antique shops, genuine antiques only. P P -• Appliance stores, household. P P --Art galleries. P P -• Art supply stores. P P -- Automobile sales, sale of new motor vehicles, and including incidental repair and washing subject to the provisions of subsection B of Section 22.28.090 (Zone C-1). . ,n r •�5�2m,,_ --Automobile supply stores, including incidental installation of parts subject to the provisions of subsection B of Section 22.28.090 (Zone C-1). P P — Bakery shops, including baking only when incidental to retail sales from the premises. P P — Bicycle shops. P P — Boat and other marine sales." — Bookstores. P P -- Ceramic shops, including manufacturing incidental to retail sales from the premises, provided the total volume of kiln space does not exceed eight cubic feet. P P — Clothing stores. P P -- Confectionary or candy stores, including making only when incidental to retail sales from the premises. P P — Delicatessens. P P — Department stores. P P — Dress shops. P P — Drugstores. P P — Florist shops. P P — Furniture stores. P P — Furrier shops. P P -- Gift shops. P P — Glass and mirror sales, including automobile glass installation only when conducted within an enclosed building. P P -- Grocery stores. P P -- Hardware stores. P P -- Health food stores. P P -- Hobby supply stores. P P -- Ice cream shops. P P -- Jewelry stores. P P -- Leather goods stores. P P -- Mail order houses. P P — Music stores. P P — Notions or novelty stores. P P -- Nurseries, including the growing of nursery stock. — Office machines and equipment sales. P P -- Paint and wallpaper stores. P P — Pet supply stores, excluding the sale of pets other than tropical fish or goldfish. — Photographic equipment and supply stores. P P — Radio and television stores. P P — Retail stores. P P — Shoe stores. P P — Silver shops. P P — Sporting goods stores. P P — Stamp redemption centers. P P — Stationery stores. P P —Tobacco shops. P CUP --Toy stores. P P — Yam and yardage stores. P P 2. Services. — Arboretums and horticultural gardens. P X -- Automobile rental and leasing agencies. -- Automobile service stations, including incidental repair, washing and rental of utility trailers subject to the provisions of subsection B of Section 22.28.090 (Zone C-1). P P — Banks, savings and loans, credit unions and finance companies. P P -- Barber shops. P P -- Beauty shops. P P -- Child care centers. -- Churches, temples or other places used exclusively for religious worship, including customary incidental educational and social activities in conjunction therewith. -- Colleges and universities, inducing appurtenant facilities giving advanced academic instruction approved by the State Board of Education or other recognized accrediting agency, but excluding trade schools. -- Comfort stations. — Dental clinics, including laboratories in conjunction therewith. — Family day care homes. — Fire stations. -- Foster family homes. -- Gas metering and control stations, public utility. -- Laundries, self-service. — Libraries. -- Medical clinics, including laboratories in conjunction therewith. -- Museums. -- Offices, business or professional. -- Parking lots and parking buildings. -- Photography studios. -- Police stations. — Post offices. — Real estate offices. -- Restaurants and other eating establishments including food take-out. Drive-through restaurant -- Schools through grade 12, accredited, including appurtenant facilities, which offer instruction required to be taught in the public schools by the Education Code ofthe state of California, in which no pupil is physically restrained, but excluding trade schools. — Schools, business and professional, including art, barber, beauty, Cance, drama and music, but not including any school specializing in manual training, shop work, or in the repair and maintenance of machinery or mechanical equipment. -- Shoe repair shops. -- Small family homes, children. -- Tailor shops. — Watch repair shops. 3. Recreation and Amusement. -- Athletic fields, excluding stadiums. -- Golf courses, including the customary clubhouse and appurtenant facilities. — Parks, playgrounds and beaches, with all appurtenant facilities customarily found in conjunction therewith. — Riding and hiking trails, excluding trails for motor vehicles. — Swimming pools. Uses Subject to Pemnffs Adult day care facilities. -- Apartment houses. -- Bars and cocktail lounges, -- Billiard halls. -- Bowling alleys. -- Car washes, coin-operated and hand wash. — Correctional institutions, including jails, farms and camps. — Disability rehabilitation and training centers, on a lot or parcel of land having an area of not less than one acre, where sheltered employment or industrial -type training is conducted. — Fraternity and sorority houses. -- Goff driving ranges. -- Grading projects, off-site transport, where more than 100,000 cubic yards of material is to be transported, subject to the conditions and limitations of Sections 22.56.210 and 22.56.230. — Group homes, children. — Heliports. — Hospitals. — Hotels. -- Juvenile halls. -- Live entertainment, accessory, in a legally established bar, cocktail lounge or restaurant having an occupant load of less than 200 people where the conditions of Section 22.56.1754 have not or cannot be met. This provision shall not be construed to authorize the modification of development standards required for establishment of such bar, cocktail lounge or restaurant, except as otherwise provided by Part 2 of Chapter 22.56. -- Medical marijuana dispensaries, subject to the requirements of Section 22.56.196. -- Miniature golf courses. MUP P - CUP/MUPlX- P` No classification P P P MUP:. P P P No classification P CUP P P P P P P P P P P P P P P P P P P P P P MUP P CUP P.. CUP/MUP P P P P P P P P CUP CUP CUP 1' CUP CUP P CUP CUP CUP CUP CUP MUP CUP MUP CUP MUP CUP _'X CUP CUP CUP X CUP CUP CUP CUP CUP P CUP CUP CUP CUP CUP MUP CUP X CUP CUP CUP X CUP CUP e — Mobilehome parks, subject to the conditions of Part 6 of Chapter 22.52. — Mobilehomes for use by a caretaker and his immediate family, in accordance with Part 6 of Chapter 22.52. — Motels. — Nightclubs. — Pet grooming, excluding boarding. -- Pet stores within an enclosed building only. -- Pool halls. — Publicly owned uses necessary to the maintenance of the public health, convenience or general welfare in addition to those specifically listed in this section. — Recording studios. -- Recreation dubs, commercial, including tennis, polo, swimming and similar outdoor recreational activities, together with appurtenant clubhouse. — Residences, caretaker, for use by a caretaker or supervisor and his immediate family where continuous supervision is required. -- Residences, single-family. -- Residences, two-family. -- Rooming and boarding houses. -- Steam or sauna baths. —Tennis, volleyball, badminton, croquet, lawn bowling and similar courts. — Theaters and other auditoriums. -- Theaters, drive-in. — Veterinary clinics, small animal. CUP CUP CUP P CUP MUP CUP MUP CUP P CUP P CUP MUP CUP P CUP CUP CUP CUP CUP P CUP X' CUP X.... CUP X CUP P CUP CUP CUP MUP GUP X CUP MUP DRAFT MEMORANDUM OF UNDERSTANDING BETWEEN SOLEDAD COMMONS, LLC AND THE CITY OF SANTA CLARITA REGARDING ANNEXATION OF THE SOLEDAD COMMONS RETAIL CENTER This MEMORANDUM OF UNDERSTANDING, known as the "Soledad Commons MOU" (MOU) is entered into by and between Soledad Commons, LLC ("Owner") and the City of Santa Clarita ("City") (together, the "Parties"), on this day of , 2010, with respect to the following: WHEREAS, it has been the City's experience that when development takes place in the unincorporated Los Angeles County in the Santa Clarita Valley, property owners often later desire to annex to the City in order to have easier access to government services, more local representation, increased police services, higher park maintenance and lower registration fees for City -sponsored recreation programs. WHEREAS, the City Council is responsive to property owners' desire to become a part of the City. WHEREAS, upon annexation, the City becomes responsible for providing municipal services such as police protection, zoning enforcement, street maintenance and recreational and arts programs and other community services to serve the area, sometimes at significant cost to the City. WHEREAS, the City receives less revenue when development occurs in the unincorporated County and later annexes than when construction takes place in the City. WHEREAS, in general, it is more fiscally beneficial to the City when property is annexed prior to development in order to increase the City's general fund and gas tax revenues received from property tax and transfer fees and vehicle license fees, which help offset the cost of providing municipal services. WHEREAS, on June 8, 2010, the City Council of the City of Santa Clarita adopted Ordinance No. 10-6, approving an amendment to the City's Unified Development Code relative to acceptance of County -entitled projects that annex to the City. WHEREAS, Owner received approval from Los Angeles County Regional Planning on March 24, 2009, for development of a retail shopping center, known as the Soledad Commons Retail Center ("Project"), located in the unincorporated Los Angeles County at 14620 Soledad Canyon Road, Canyon Country, California, 91387 ("Subject Site") and now wishes to annex to the City prior to construction. WHEREAS, the Project proposes development of a 60,496 square foot shopping center on 8.3 acres of commercially zoned property in unincorporated Los Angeles County territory. DRAFT Memorandum of Understanding Page 2 of 5 WHEREAS, in the vicinity of the Subject Site, the existing right-of-way for Soledad Canyon Road is located within the jurisdiction of the City of Santa Clarita. WHEREAS, Owner has requested approval of an MOU in conjunction with annexation of the Subject Site in order to obtain assurance that if annexed by the Local Agency Formation Commission ("LAFCO") the City will honor existing County approvals. WHEREAS, the Subject Site is currently outside of the City's boundaries and Sphere of Influence and abuts the boundary of the City of Santa Clarita to the north and west. WHEREAS, annexation of the Subject Site to the City of Santa Clarita provides a logical municipal boundary, consistent State law. NOW, THEREFORE, in consideration of the Recitals and the mutual desires, covenants, and conditions contained herein, the Parties agree as follows: 1. Upon adoption by the City Council of a Resolution of Application pursuant to Government Code Section 56700 to initiate annexation proceedings, the City will initiate and process, as expeditiously as possible, a proposal for annexation and a Sphere of Influence Amendment before LAFCO affecting the Subject Site. 2. Owner agrees to support City's annexation and Sphere of Influence Amendment of the Subject Site and to work with and support City planning efforts where such efforts promote and advance the objectives set forth in this MOU. 3. Except as otherwise stated in this MOU, City agrees to honor existing County approvals and permits issued for the Project "as -is," which is reflected on the approved site plan attached as Exhibit "A." 4. City agrees that existing permitted and/or conditionally permitted uses under the County's C-2 zone, attached hereto as Exhibit "B," will be permitted for the Project with the exception that medical marijuana dispensaries and automotive sales shall be expressly prohibited. Uses permitted under the City's zoning of the Subject Site may also be permitted, subject to the provisions of this MOU. City further agrees that should conditionally permitted uses under City and County zones conflict, the least restrictive process will prevail. 0 DRAFT' Memorandum of Understanding Page 3 of 5 5. City agrees that the total parking requirement for the Project will be 5 spaces per 1,000 square feet of constructed leasable building area, which is consistent with the City's parking requirement for large shopping centers. 6. Owner agrees that any major modifications to the approved site plan shall be subject to review and approval by the City of Santa Clarita in accordance with City standards in effect at the time, pursuant to Section 17.01.080.G of the City's Unified Development Code. The architectural design of any major modifications shall be in keeping with the approved building elevations in the attached Exhibit "C". 7. Owner stipulates that all businesses operating on the Subject Site shall designate the City of Santa Clarita as the point of sale (or use) for sales tax generated as a part of their business. 8. Developer agrees to incorporate minor architectural revisions to the construction drawings of the shopping center consistent with the building elevations shown on the attached Exhibit "C". 9. The City has authorized placement of a traffic signal at the intersection of Soledad Canyon Road and Mammoth Lane (the main entrance to the proposed development) at the completion of Phase II and to phase other improvements as shown on the City -approved street improvement plans, subject to City standards and approval of a City -issued encroachment permit. 10. Owner agrees to offer for dedication upon annexation to the City, or upon the recordation of an applicable subdivision map, whichever comes first: 1) full street right-of-way (58'-0" measured from the centerline) along the project frontage of Soledad Canyon Road; and 2) a dedicated right -turn lane along northbound Soledad Canyon Road at the intersection at Mammoth Lane per the prior County dedication. All street improvements associated with these dedications shall be constructed with Phase II of the development, in accordance with the approved street improvement plans on file with the City Traffic Engineer, and in accordance with all applicable street encroachment permits. 11. City authorizes construction of a third access driveway along Soledad Canyon Road, subject to the City Traffic Engineer's approval and issuance of a City - issued encroachment permit. 12. City shall be responsible for relocating the City monument sign currently located within the center median on Soledad Canyon Road adjacent to the Subject Site. I D DRAFT' Memorandum of Understanding Page 4 of 5 13. If requested by the Owner, City agrees to expeditiously process a parcel map for the subject site. If approved by the Planning Commission, approval of the tentative parcel map would become effective upon annexation. City further agrees that it will not impose additional conditions of approval or fees on development of the Project as a part of the parcel map, except if necessary to ensure public health and/or safety. 14. Owner agrees that all parking, street trees, parkway landscaping and rear - slope plantings shall be constructed with each phase of the project. Owner further agrees that temporary irrigation and planting or soil bonding agent shall be installed during the first phase of construction for dust and erosion control of subsequent phases. 15. The City agrees to allow placement of signage for the Subject Site consistent with the Soledad Commons Planned Sign Program dated 3/23/09, attached as Exhibit "D", with the exception that only freeway -oriented food services, lodging and fueling may be advertised on the project's freeway -oriented pylon sign, consistent with the City's current sign ordinance. In lieu of this limitation, businesses may place wall signs on the rear or sides of buildings oriented toward the freeway in accordance with the City's sign ordinance. 16. Bridge & Thoroughfare fees previously paid in conjunction with Vesting Tract No. 45933 for the Subject Site shall be considered as payment in full for B&T fees. No other developer impact fees shall be imposed by the City other than any required law enforcement and fire facilities impact fees in effect at the time building permits are issued. 17. Owner agrees to pay the City $10,000 upon initiation of annexation by the City Council of the Subject Site for expenses associated with this annexation. Payment shall represent Owner's full obligation relative to the annexation. 18. Except as otherwise stated in this Memorandum of Understanding, City agrees that additional conditions will not be required of Owner prior to issuance of Certificates of Occupancy, except as necessary to ensure public health and/or safety. SIGNATURES ON THE NEXT PAGE DRAFT Memorandum of Understanding Page 5 of 5 IN WITNESS WHEREOF, the Parties hereby execute this Memorandum of Understanding as authorized by the City Council of the City of Santa Clarita and Soledad Common, LLC. Dated: .2010 CITY OF SANTA CLARITA By: Laurene Weste, Mayor ATTEST: Sarah P. Gorman City Clerk APPROVED AS TO FORM: LM City Attorney SOLEDAD COMMONS, LLC Name, Title S:CD:Amm\notthmt\soledadcom mmon.doe a� 4 y tfd �B., H� faia< 1 i�8a�i3• C^�J7�S€RT$@`=4'=g th Mi € a M I ii4 �fmI HIM iRIi! u i:• air m m /3 ��r Ilillllll�illllllill111�161■1111 �� !lllRlllllllAllUl�l�lllllllllllll f, • [I II Alll IIPIIIIIIII��nII11sIlU� I 711 iI i6illgig Iiii�li811111, ll, :71�iI1N111 . �"•,ez,,, �? alae lSAaa�'�Ilallilllll , �, �, � II IIIII IIIIIIIIIIIIIIWIIIIIIIII ; -wool r i►u11 I h: f_ i1' -d. Baa.\\,, �Vfli elf �au81uUR fee�,rfaf •'�I►fff1►•1 ►� tl1f1111�\� � � I /3 Part 4 C-2 NEIGHBORHOOD BUSINESS ZONE 22.28.130 Permitted uses. Premises in Zone C-2 may be used for: A. The following commercial uses, provided all sales are retail only and all goods sold except genuine antiques are new: 1. Sales. -- Antique shops, genuine antiques only. Appliance stores, household. Art galleries. Art supply stores. Automobile supply stores, including incidental installation of parts subject to the provisions of subsection B of Section 22.28.090 (Zone C-1). -- Bakery shops, including baking only when incidental to retail sales from the premises. Bicycle shops. Boat and other marine sales. Bookstores. Ceramic shops, including manufacturing incidental to retail sales from the premises, provided the total volume of kiln space does not exceed eight cubic feet. Clothing stores. Confectionary or candy stores, including making only when incidental to retail sales from the premises. Delicatessens. Department stores. Dress shops. Drugstores. Florist shops. Furniture stores. Furrier shops. Gift shops. Glass and mirror sales, including automobile glass installation only when conducted within an enclosed building. Grocery stores. Hardware stores. Health food stores. — Hobby supply stores. Ice cream shops. Jewelry stores. Leather goods stores. Mail order houses. Meat markets, excluding slaughtering. Millinery shops. Music stores. Notions or novelty stores. Nurseries, including the growing of nursery stock. Office machines and equipment sales. Paint and wallpaper stores. Pet supply stores, excluding the sale of pets other than tropical fish or goldfish. Photographic equipment and supply stores. Radio and television stores. Retail stores. Shoe stores. Silver shops. EXHIBIT B N Sporting goods stores. Stamp redemption centers. Stationery stores. Tobacco shops. Toy stores. Yarn and yardage stores. 2. Services. -- Air -pollution sampling stations. — Arboretums and horticultural gardens. Automobile rental and leasing agencies. Automobile service stations, including incidental repair, washing and rental of utility trailers subject to the provisions of subsection B of Section 22.28.090 (Zone C-1). Banks, savings and loans, credit unions and finance companies. Barber shops. — Beauty shops. — Bicycle rentals. — Child care centers. — Churches, temples or other places used exclusively for religious worship, including customary incidental educational and social activities in conjunction therewith. -- Colleges and universities, including appurtenant facilities giving advanced academic instruction approved by the State Board of Education or other recognized accrediting agency, but excluding trade schools. Comfort stations. — Communications equipment buildings. Dental clinics, including laboratories in conjunction therewith. Dry cleaning establishments, excluding wholesale dry cleaning plants; provided, that the building is so constructed and the equipment is so installed and maintained and the activity is so conducted that all noise, vibration, dust, odor and all other objectionable factors will be confined or reduced to the extent that no annoyance or injury will result to persons or property in the vicinity. -- Electric distribution substations including microwave facilities, provided: a. That all such installations are completely surrounded by a masonry wall to a height of not less than eight feet. The director may approve the substitution of a chain-link or other industrial -type fence where he deems it appropriate. All such substitutions shall be subject to the provisions of Part 12 of Chapter 22.56 on the director's review; and b. That the area between the fence and wall and the property line is landscaped and maintained while such use exists. Employment agencies. Family child care homes, large. Family child care homes, small. Fire stations. Foster family homes. Gas metering and control stations, public utility. Interior decorating studios. -- Laundries, hand. Laundries, self-service. Laundry agencies. — Libraries. — Locksmith shops. Lodge halls. Medical clinics, including laboratories in conjunction therewith. Microwave stations. Museums. V!2 Observatories. Offices, business or professional. Parking lots and parking buildings. Photography studios. Police stations. Post offices. Public utility service centers. Real estate offices. Rental services, limited to the following; provided a commercial appearance is maintained by office or window display space, or both, across all the street or highway frontage of the building or buildings to a depth of not less than 10 feet: a. Furniture and appliance rentals; b. Hospital equipment and supply rentals; c. Party equipment rentals; d. Tool rentals, including rototillers, power mowers, sanders and saws, cement mixers, and other similar equipment, but excluding heavy machinery or trucks. Restaurants and other eating establishments including food take-out. Schools through grade 12, accredited, including appurtenant facilities, which offer instruction required to be taught in the public schools by the Education Code of the state of California, in which no pupil is physically restrained, but excluding trade schools. — Schools, business and professional, including art, barber, beauty, dance, drama and music, but not including any school specializing in manual training, shop work, or in the repair and maintenance of machinery or mechanical equipment. Shoe repair shops. Shoeshine stands. Small family homes, children. Stations --Bus, railroad and taxi. Tailor shops. Telephone repeater stations. Tourist information centers. Union halls. Watch repair shops. 3. Recreation and Amusement. --Athletic fields, excluding stadiums. — Golf courses, including the customary clubhouse and appurtenant facilities. Parks, playgrounds and beaches, with all appurtenant facilities customarily found in conjunction therewith. Riding and hiking trails, excluding trails for motor vehicles. Swimming pools. B. The following agricultural uses: Crops --Field, tree, bush, berry and row, including the growing of nursery stock. Greenhouses. (Ord. 2004-0030 § 15 (part), 2004; Ord. 2004-0016 § 2 (part), 2004; Ord. 92-0097 § 1 (part), 1992; Ord. 85-0004 § 38, 1985; Ord. 84-0236 § 3 (part), 1984; Ord. 1494 Ch. 2 Art. 3 § 255.1, 1927.) 22.28.140 Accessory uses. Premises in Zone C-2 may be used for: A. The following accessory uses, subject to the same limitations and conditions provided in Section 22.28.040 (Zone C -H): -- Accessory buildings and structures. N -- Building materials, storage of. B. The following accessory uses, subject to the same limitations and conditions provided in Section 22.28.090 (Zone C-1): -- Automobile repair and installation, when incidental to the sale of new automobiles, automobile service stations and automobile supply stores. — Automobile washing, waxing and polishing, accessory only to the sale of new automobiles and automobile service stations. — Rental, leasing and repair of articles sold on the premises. Trailer rentals, box and utility only, accessory only to automobile service stations. -- Used merchandise, retail sale of, taken as trade-in. C. The following additional accessory uses: -- Signs, as provided in Part 10 of Chapter 22.52. (Ord. 1494 Ch. 2 Art. 3 § 255.3, 1927.) 22.28.150 Uses subject to director's review and approval. If site plans therefor are first submitted to and approved by the director, premises in Zone C-2 may be used for: A. The following uses subject to the same limitations and conditions provided in Section 22.28.050 (Zone C -H): -- Access to property lawfully used for a purpose not permitted in Zone C-2. Christmas trees and wreaths, the sale of. Domestic violence shelters, subject to the standards and limitations specified in Section 22.56.1758. Grading projects, off-site transport. Homeless shelters, subject to the requirements of Section 22.56.1760. Joint live and work units, as provided in Part 19 of Chapter 22.52. Live entertainment, accessory, in a legally established bar, cocktail lounge or restaurant having an occupant load of less than 200 people, where in full compliance with the conditions of Section 22.56.1754. Mixed use developments, as provided in Part 18 of Chapter 22.52. — Mobilehomes used as a residence during construction. B. The following additional uses: -- Signs, as provided in Part 10 of Chapter 22.52. (Ord. 2008-0035 § 4 (part), 2008; Ord. 91-0062 § 2 (part), 1991; Ord. 88-0005 § 2 (part), 1988; Ord. 81-0005 § 4 (part), 1981; Ord. 1494 Ch. 2 Art. 3 § 255.5, 1927.) 22.28.160 Uses subject to permits. Premises in Zone C-2 may be used for: A. The following uses, provided a conditional use permit has first been obtained as provided in Part 1 of Chapter 22.56, and while such permit is in full force and effect in conformity with the conditions of such permit for: — Adult day care facilities. — Adult residential facilities. — Airports. — Alcoholic beverages, the sale of, for either on-site or off-site consumption, subject to the requirements of Section 22.56.195. — Apartment houses. 17 — Arcades, game or movie. — Bars and cocktail lounges. — Beer and wine, the concurrent sale of, with motor vehicle fuel, subject to the requirements of Sections 22.56.195 and 22.56.245. — Billiard halls. — Bowling alleys. — Car washes, coin-operated and hand wash. — Convents and monasteries. — Correctional institutions, including jails, farms and camps. — Disability rehabilitation and training centers, on a lot or parcel of land having an area of not less than one acre, where sheltered employment or industrial -type training is conducted. — Earth stations. — Electric transmission substations and generating plants, including microwave facilities used in conjunction with any one thereof. — Fraternity and sorority houses. — Games of skill. — Golf driving ranges. — Grading projects, off-site transport, where more than 100,000 cubic yards of material is to be transported, subject to the conditions and limitations of Sections 22.56.210 and 22.56.230. — Grading projects, on-site, but excluding projects where the hearing officer or the commission or the board of supervisors have previously considered such grading proposal as indicated by approval of an environmental document incorporating consideration of such grading project. — Group homes, children. — Heliports. — Helistops. — Hospitals. — Hotels. — Ice sales, excluding ice plants. — Juvenile halls. — Land reclamation projects. — Landing strips. — Live entertainment, accessory, in a legally established bar, cocktail lounge or restaurant having an occupant load of less than 200 people where the conditions of Section 22.56.1754 have not or cannot be met. This provision shall not be construed to authorize the modification of development standards required for establishment of such bar, cocktail lounge or restaurant, except as otherwise provided by Part 2 of Chapter 22.56. — Medical marijuana dispensaries, subject to the requirements of Section 22.56.196. — Miniature golf courses. — Mobilehome parks, subject to the conditions of Part 6 of Chapter 22.52. — Mobilehomes for use by a caretaker and his immediate family, in accordance with Part 6 of Chapter 22.52. — Motels. — Nightclubs. — Oil wells. IN — Outdoor dining, where the conditions of subsection G of Section 22.28.070 have not or cannot be met. — Pet grooming, excluding boarding. — Pet stores within an enclosed building only. — Pool halls. — Publicly owned uses necessary to the maintenance of the public health, convenience or general welfare in addition to those specifically listed in this section. — Radio and television stations and towers, but excluding studios. — Recording studios. — Recreation clubs, commercial, including tennis, polo, swimming and similar outdoor recreational activities, together with appurtenant clubhouse. — Residences, caretaker, for use by a caretaker or supervisor and his immediate family where continuous supervision is required. — Residences, single-family. — Residences, two-family. — Rooming and boarding houses. — Sewage treatment plants. — Signs, as provided in Part 10 of Chapter 22.52. — Solid fill projects. — Steam or sauna baths. — Storage, temporary, of materials and construction equipment used in construction or maintenance of streets and highways, sewers, storm drains, underground conduits, flood control works, pipelines and similar uses, for a period not to exceed one year. —Tennis, volleyball, badminton, croquet, lawn bowling and similar courts. — Theaters and other auditoriums. — Theaters, drive-in. — Townhouse. — Travel trailer parks, as provided in Part 6 of Chapter 22.52. — Veterinary clinics, small animal. — Water reservoirs, dams, treatment plants, gaging stations, pumping stations, tanks, wells, and any use normal or appurtenant to the storage and distribution of water. — Youth hostels. B. The following uses, provided the specified permit has first been obtained and while such permit is in full force and effect in conformity with the conditions of such permit for: — Cemeteries, as provided in Part 4 of Chapter 22.56. — Explosives storage, as provided in Part 5 of Chapter 22.56. — Qualified projects, as provided in Part 17 of Chapter 22.52 and Part 18 of Chapter 22.56. — Surface mining operations, as provided in Part 9 of Chapter 22.56. — Temporary uses, as provided in Part 14 of Chapter 22.56. (Ord. 2006-0063 § 13, 2006; Ord. 2006-0032 § 2 (part), 2006; Ord. 96-0004 § B. 1996; Ord. 92-0097 §§ 3 (part), 9 (part), 1992; Ord. 91-0033 § 1 (part), 1991; Ord. 89-0115 § 2 (part), 1989; Ord. 85-0195 § 8 (part), 1985; Ord. 85-0004 § 39, 1985; Ord. 84-0161 § 6, 1984; Ord. 83-0007 § 2 (part), 1983; Ord. 82- 0024 § 3, 1982; Ord. 82-0005 § 1 (part), 1982; Ord. 82-0003 II § 11 (part), 1982; Ord. 81-0005 §§ 6 and 7, 1981; Ord. 1494 Ch. 2 Art. 3 § 255.7, 1927.) 22.28.170 Development standards. Premises in Zone C-2 shall be subject to the following development standards: A. That not to exceed 90 percent of the net area be occupied by buildings with a minimum of 10 percent of the net area landscaped with a lawn, shrubbery, flowers and/or trees, which shall be continuously maintained in good condition. Incidental walkways, if needed, may be developed in the landscaped area. B. That there be parking facilities as required by Part 11 of Chapter 22.52. C. A building or structure shall not exceed a height of 35 feet above grade, excluding signs which are permitted by Part 10 of Chapter 22.52, chimneys, and rooftop antennas. D. Outside Display. Except for the following uses, all display in Zone C-2 shall be located entirely within an enclosed building unless otherwise authorized by a temporary use permit: — Automobile sales, limited to automobiles and trucks under two tons held for sale only. -- Automobile service stations, limited to automobile accessories and facilities necessary to dispensing petroleum products only. Carnivals, temporary. Christmas trees and wreaths, the sale of. Crops --field, tree, bush, berry and row, including nursery stock. Electric distribution substations. Gas metering and control stations, public utility. Parking lots. Restaurants and other eating establishments including food take-out, subject to the standards specified by subsection G of Section 22.28.070. -- Signs, outdoor advertising. E. Outside Storage. No outside storage shall be permitted in Zone C-2. (Ord. 99-0071 § 3, 1999; Ord. 91-0009 § 1, 1991; Ord. 89-0091 § 8, 1989; Ord. 84-0161 § 7, 1984; Ord. 83- 0161 § 11, 1983; Ord. 1494 Ch. 2 Art. 3 § 255.9, 1927.) MA 22.28.070 Development standards. Premises in Zone C -H shall be subject to the following development standards: A. That not to exceed 90 percent of the net area be occupied by buildings, with a minimum of 10 percent of the net area landscaped with a lawn, shrubbery, flowers and/or trees, which shall be continuously maintained in good condition. Incidental walkways, if needed, may be developed in the landscaped area. B. That there be parking facilities as required by Part 11 of Chapter 22.52. C. That front and/or corner side yards be provided equal to a distance of: 1. 20 feet where property adjoins a parkway, major or secondary highway, and 2. Equal to the front or corner side yard required in any contiguous residential or agricultural zone where property adjoins a street. 3. Yards required by this zone are also subject to the general provisions and exceptions contained in Chapter 22.48 which shall apply as specified. D. A building or structure shall not exceed a height of 35 feet above grade, excluding signs which are permitted by Part 10 of Chapter 22.52, chimneys, and rooftop antennas. E. Outside Display. Except for the following uses, all display in Zone C -H shall be located entirely within an enclosed building unless otherwise authorized by a temporary use permit: Carnivals, temporary. Christmas trees and wreaths, sale of. Crops --field, tree, bush, berry and row, including nursery stock. Restaurants and other eating establishments including food take-out, subject to the standards specified by subsection G of this section. F. Outside Storage. No outside storage shall be permitted in Zone C -H. G. Additional Standards. In addition to the standards imposed by this section, the following uses shall also comply with the special standards listed herein: — Restaurants and other eating establishments including food take-out which include outdoor dining as defined in this Title 22 provided that: 1. Where areas are used for outside public eating, drinking or assembly within 75 feet of a residential or agricultural zone, a solid masonry wall not less than five feet or more than six feet in height shall be established along the lot lines adjoining said zones, except that: a. Where such wall is located within 10 feet of any alley, street, parkway or highway and would interfere with the line -of -sight of the driver of a motor vehicle leaving the property on a driveway, or moving past a corner at the intersection of two streets or highways, said wall shall not exceed a height of 42 inches, and b. The director may approve substitution of a decorative fence or wall, where, in his opinion, such fence or wall will adequately comply with the intent of this section pursuant to the provisions of Part 12 of Chapter 22.56. 2. Lighting shall be so arranged to prevent glare or direct illumination in any residential or agricultural zone. 3. All applicable provisions of Title 11 of this code shall be observed in all areas of the restaurant. 4. All awnings shall conform to the building code requirements of Title 26 for roof coverings. 5. There shall be no amplified sound or music. 6. A 42 inch high wall fence or hedge, or a five foot wide landscaped area shall be established along the outside eating, drinking and assembly area which adjoins any public sidewalk, street or highway except where all of the tables and chairs are removed daily. 7. Automobile parking spaces shall be provided pursuant to Section 22.52.1110. 8. Each condition specified in this section imposing standards for outdoor dining may be modified through the conditional use permit process. 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