Sonoma County, California, Code of Ordinances >> CHAPTER 26C - COASTAL ZONING RESOURCE DISTRICTS >> Article XV. - C2—Community Commercial District. >>

Article XV. - C2—Community Commercial District.

Sec. 26C-150A. - Purpose.

Sec. 26C-150. - Permitted uses, subject to site development and erosion control standards.

Sec. 26C-151. - Uses requiring a use permit.

Sec. 26C-152. - Building intensity and development criteria.


Sec. 26C-150A. - Purpose.

The community commercial district is intended to implement the provisions of the Sonoma County General Plan, Section LU-2.3.1 to provide areas which permit a full range of retail goods and services for a residential and business community as a whole rather than a local neighborhood and to implement the objectives of adopted redevelopment plans within redevelopment project areas in the general plan. This district provides for comparison retail shopping and direct consumer service uses which are usually sought on occasion, rather than daily.

(Ord. No. 5318 § 1, 2001.)

Sec. 26C-150. - Permitted uses, subject to site development and erosion control standards.

The following uses are permitted except within a sensitive area, riparian corridor, critical habitat area, or unique feature designated in the general plan or coastal plan, in which case a use permit is required. All clearing of vegetation, grading, excavation, fill or construction in association with these uses shall conform to the site development and erosion control standards. All uses requiring a coastal permit are appealable.

(a)
Commercial uses:
(1)
Retail stores supplying commodities for residents of the county such as bakeries, ice cream, grocery and liquor stores, news stands, furniture, hardware, and appliance stores, department stores, stationery stores, sporting goods stores, pet shops, florist shops, automobile accessory stores and the like. Retail nurseries.
(2)
Repair and service uses such as laundry and dry cleaning establishments, barber shops, beauty parlors, shoe repair and tailor shops, photography studios, radio and TV repair shops, and the like.
(3)
Restaurants serving alcohol, bars, cocktail lounges, provided that no live entertainment or dancing is allowed.
(4)
Pharmacies, including retail sales of drugs, opticians and orthopedic supplies, cards, books, film and variety items.
(5)
Furniture, carpet and drapery stores, including incidental repair; paint and wall covering stores.
(6)
Plant and garden supply stores, florist shops entirely enclosed within a building.
(7)
Travel agencies.
(8)
Telephone answering services, computer services, credit services.
(9)
Indoor commercial recreation facilities including theaters, gymnasiums, swim centers, skating rinks, tennis clubs, health clubs, racquetball and handball facilities, and bowling alleys.
(10)
Art galleries, and antique studios.
(b)
Other uses:
(1)
Financial institutions such as banks and savings and loan offices, professional administrative and general business offices.
(2)
Business, professional and trade schools or colleges.
(3)
Small collection facilities as an accessory use to any permitted use subject to the provisions of Section 26C-325.2.
(4)
Occasional cultural events, provided that a written notice stating "The Sonoma County Permit and Resource Management Department will issue a zoning permit for a cultural event (state nature and duration) on this property if a written appeal is not received within ten (10) days from the date of this notice." is posted on the property at least ten (10) days prior to issuance of a zoning permit, and no appeal pursuant to Section 26C-331 has been received from any interested person, and provided that approval is secured from the following departments: sheriff, public health, fire services, building inspection and public works. In the event of an appeal, a hearing on the project shall be held pursuant to Section 26C-331.
(5)
Small family day care.
(6)
Large family day care provided that the applicant shall meet all performance standards listed in Section 26C-325.3.
(7)
Small residential community care facility.
(8)
Beekeeping.
(9)
Attached commercial telecommunication facilities subject to the applicable criteria set forth in Section 26C-325.7.
(10)
Minor and intermediate free-standing commercial telecommunication facilities eighty feet (80′) or less in height subject to the applicable criteria set forth in Section 26C-325.7.
(11)
Noncommercial telecommunication facilities eighty feet (80′) or less in height which meet the applicable criteria set forth in Section 26C-325.7.
(12)
Small-scale homeless shelters serving up to ten (10) persons, subject to design review, within designated urban service areas.
(13)
Emergency homeless shelters with up to fifty (50) beds, subject to design review, within designated urban service areas.
(14)
Small wind energy systems not located within a county-designated urban service area or within two thousand five hundred feet (2,500′) of a county-designated urban service area, subject to zoning permit approval and the standards in Section 26C-325.8.
(c)
Other nonresidential uses which in the opinion of the director of the permit and resource management department are of a similar and compatible nature to those uses described in Section 26C-150.

(Ord. No. 5436 § 2(v), 2003; Ord. No. 5429 § 5, 2003; Ord. No. 5343 § 3, 2002; Ord. No. 5318 § 1, 2001.)

Sec. 26C-151. - Uses requiring a use permit.

(a)
Sensitive area uses:
(1)
Permitted uses listed in Section 26C-150 when located within a sensitive area, riparian corridor, critical habitat area, or unique feature designated in the general plan or coastal plan.
(2)
Any clearing of vegetation, grading, excavation, fill or construction when located within a sensitive area, riparian corridor, critical habitat area, or unique feature designated in the general plan or coastal plan.
(b)
Commercial uses:
(1)
Hotels, motels, guest ranches, inns, churches, clubs and lodges, which are not located within designated village commercial areas in the coastal plan.
(2)
Second hand sales and auction studios.
(3)
New and used automobile and recreational vehicle sales, service and repair establishments.
(4)
Takeout food, live entertainment, amplified live music.
(5)
Gasoline service stations, gasoline sales, car washes, public garages and mini-marts.
(6)
Animal hospitals, veterinary clinics and kennels.
(7)
Outdoor commercial recreation facilities including tennis clubs, swimming centers, amusement park rides and games, miniature golf, boat rentals and launching facilities, skateboard parks, and outdoor skating facilities.
(8)
Business support services including copying and printing.
(9)
Household goods rental store.
(10)
Outdoor sales yards and flea markets, outdoor vendors.
(11)
Retail sales of automobile parts, accessories and tires including installation, auto upholstery shops.
(12)
Bed and breakfast inn, per definition. No accessory structure shall be used for rental occupancy. A bed and breakfast inn shall have an owner and/or operator in residence within the structure. Nonamplified music, lawn parties, weddings, or similar outdoor activities may be allowed where specifically included in the use permit.
(13)
Commercial planned developments and commercial condominiums. Compatibility and provision of amenities shall be required and unique characteristics, design innovation and creativity shall be additional criteria utilized in evaluating such development. The minimum lot size and required yards of Section 26C-152 shall not apply to such development.
(14)
Automobile rental agencies.
(15)
Bus terminals.
(16)
Commercial parking facilities.
(17)
Taxi terminals.
(18)
Heliports.
(c)
Other uses:
(1)
One dwelling unit on a permanent foundation per lot subject, at a minimum, to the following criteria, and provided that no commercial use may be permitted unless the dwelling unit is removed or converted to another use in accordance with this district.
a.
The property has constraints or is of such a size as to make it infeasible to develop with the commercial uses allowed by zoning.
b.
The unit complies with setbacks, building heights, and other standards of the applicable zoning district.
c.
The unit meets other conditions which may result from the application review process.
(2)
Additional dwelling units on permanent foundations provided that they are secondary to and compatible with an existing or proposed commercial use according to the following criteria:
a.
The combined floor area of all of the residential units on the site must be less than fifty percent (50%) of the combined floor area of the commercial development.
b.
All residential units shall be attached units and each unit or group of units shall be attached to the commercial structure.
c.
The maximum size of any residential unit is one thousand (1000) square feet.
(3)
Day care center.
(4)
Large residential community care facility.
(5)
Major medical facilities.
(6)
Public playgrounds, parks, community centers, libraries, museums, and similar uses.
(7)
Mortuaries, cemeteries, mausoleums, columbariums, and crematoriums.
(8)
Minor public utility buildings and public service or utility uses (transmission, distribution lines and telecommunications facilities excepted), including but not limited to reservoirs, storage tanks, pumping stations, telephone exchanges, small power stations, transformer stations, fire and police stations and training centers, and service yards and parking lots which at a minimum, meet the criteria of General Plan Policy PF-2s and which are not otherwise exempt by state law.
(9)
Intermediate and major free-standing commercial telecommunication facilities greater than eighty feet (80′) in height subject at a minimum to the applicable criteria set forth in Section 26C-325.7.
(10)
Noncommercial telecommunication facilities greater than eighty feet (80′) in height subject at a minimum to the applicable criteria set forth in Section 26C-325.7.
(11)
Exploration and development of low temperature geothermal resources for other than power development purposes provided that at a minimum it is compatible with surrounding land uses.
(12)
Amplified live music.
(13)
Small wind energy systems located within a county-designated urban service area or within two thousand five hundred feet (2,500′) of a county-designated urban service area, subject to the standards in Section 26C-325.8.
(d)
Other nonresidential uses which in the opinion of the director of the permit and resource management department are of a similar and compatible nature to those uses described in Section 26C-151.

(Ord. No. 5436 § 2(w), 2003; Ord. No. 5318 § 1, 2001.)

Sec. 26C-152. - Building intensity and development criteria.

The use of land and structures within this district is subject to this article, the applicable regulations of this ordinance, and the provisions of any district which is combined herewith. Policies and criteria of the general plan and coastal plan shall supersede the standards herein.

(a)
Building intensity: The maximum building intensity of the use of a site shall be determined by multiplying the maximum building height limit and the maximum coverage of the lot in square feet. The specified height or lot coverage limits may be modified if a use permit is first secured and if the maximum building intensity is not exceeded.
(b)
Height limits: Height for all structures is measured as the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof.

An increase in height for structures east of Highway 1 up to a maximum of thirty-five feet (35′) may be considered if the appropriate review body finds that the structure is no higher than twenty-four feet (24′) above the corridor route grade directly across from the building site, will not block coast views from the corridor route or neighboring properties and is compatible with community character, and does not exceed the allowed building intensity.

Where these requirements conflict with the height, site, and bulk criteria in Appendix B (Bane Bill) of the coastal plan, for those properties listed, the requirements of Appendix B shall be followed.

Expansions of such structures which do not comply with the revised height restrictions shall comply with the new definition of height measurement as stated above, except that the expansion, up to ten percent (10%) of floor area and not to exceed four hundred (400) square feet, shall be allowed, provided that the height does not exceed the height of the structure prior to the expansion, or the building height allowed by this chapter, whichever is greater.

(1)
West of Highway 1: Residential height limits are sixteen feet (16′). Commercial height limits are twenty-four feet (24′).
(2)
Bodega Bay Core Area residential: Sixteen feet (16′) height limit except that in major developments up to fifteen percent (15%) of the units may exceed the height limit.
(3)
East of Highway 1 in the Sereno Del Mar Subdivision: Residential height limits are sixteen feet (16′). There Sereno Del Mar Architectural Review Committee may grant a higher structure to a maximum of twenty-four feet (24′) in accordance with subsection (7) below.
(4)
East of Highway 1 and visible from designated scenic roads: Residential and commercial height limits are twenty-four feet (24′).
(5)
East of Highway 1 and are not visible from designated scenic roads: Thirty-five feet (35′).
(6)
Agricultural structures: Thirty-five feet (35′); however, structures shall not obstruct views of the shoreline from coastal roads, vista points, recreation areas, and beaches; and structures shall be sited to minimize visual impacts.
(7)
Maximum height for telecommunication facilities is subject to the provisions of this article and Section 26C-325.7.
(8)
An increase in height for residential structures west of Highway 1, up to a maximum of twenty-four feet (24′), may be approved if the appropriate review body finds that the structure is no higher than sixteen feet (16′) above the corridor route grade directly across from the building site, will not block coast views from the corridor route or neighboring properties and is compatible with community character, and does not exceed the allowed building intensity.
(9)
A legal single family dwelling or appurtenant structures for which a building permit was issued after December 1, 1980, shall be considered to be conforming with regard to the height measurement. Repair and remodeling of such structures shall be allowed provided that the height does not exceed the height of the structure prior to the remodel or repair, or the building height allowed by this chapter, whichever is greater.
(c)
Maximum lot coverage: Fifty percent (50%) provided that additional coverage may be permitted subject to Section 26C-152(a).
(d)
Minimum lot size: Ten thousand (10,000) square feet. Commercial planned developments and condominiums; minimum project size shall be one (1) acre.
(e)
Yard requirements: The following shall apply except that if the subject property adjoins land which is zoned AR or is designated as agricultural land, the use is subject to the requirements of Section 26C-323(f).
(1)
Front yard: None, except where the frontage in a block is partially in an R district, in which case the front yard shall be not less than twenty feet (20′).
(2)
Side yard: None, except where the side of a lot abuts upon the side of a lot in an R district, in which case the side yard shall be not less than five feet (5′).
(3)
Rear yard: None, except where the rear of a lot abuts on an R district, in which case the rear yard shall be not less than five feet (5′).
(4)
Greater yards may be required in order to meet the standards of design review.
(f)
Parking spaces: All uses shall furnish parking as required by Article XXXI.
(g)
Environmental and Hazards Requirements.
(1)
Environmental protection and hazards recommendations contained in the coastal plan, Chapter 3, and land use recommendations 20 and 21, Chapter 7, shall be applied to development projects within or affecting identified "potentially sensitive," "conservation," "sanctuary preservation," and "geologically unstable" areas on open space and hazards maps.
(2)
All development shall be subject to site development and erosion control standards. These standards are to be used as the minimum standards for development in the coastal zone. Where both these standards and the policies of the coastal plan apply to a development, the policies of the coastal plan shall take precedence over these standards. Where the policies and standards of the general plan are more restrictive than those of the coastal plan or any of the standards below, the general plan standards and policies shall apply. Development shall comply with coastal plan policies.
(3)
No development or grading shall occur on slopes greater than thirty percent (30%), unless no feasible alternate site is available.
(h)
Access dedication.
(1)
Each permit must conform to Chapter V access provisions of the coastal plan. An offer of dedication is required if an accessway is shown on the property in the access plan. Consult Chapter V in the coastal plan for a description of each accessway and procedural requirements for dedication. In addition, existing prescriptive rights must be protected even if no accessway is shown in the access plan.
(2)
Two (2) types of access may be required: Lateral and/or vertical.
a.
Lateral access refers to access paralleling the water's edge, either on the beach or the bluff. For all new development between the first public road and the ocean, granting of lateral easements to allow for public access along the shoreline shall be mandatory, unless the project has no direct or cumulative impact on the availability of public access to the coast. When there is a bluff, beach access to the toe of the bluff should be dedicated. If not, a twenty-five feet (25′) wide accessway should be dedicated. If a bluff top trail is shown in the access plan, a bluff top easement dedication shall be required to be described as an area beginning at the bluff edge extending approximately twenty-five feet (25′) inland. In no case shall the dedicated easement be required to be closer than ten feet (10′) to a residential structure.
b.
Vertical access dedications are necessary to provide access from the public roadway to the shoreline. A corridor easement should be a minimum of fifteen feet (15′) in width with slope easements plus the additional area necessary for the placements of improvements.
(i)
Design review: Design review approval shall be required for all permitted uses in the manner provided in Article XXXIX.
(1)
All new development shall conform with coastal plan visual resource recommendations, applicable scenic view protection policies and policies related to landform and vegetation categories included in the coastal administrative manual, or subsequently approved area design guidelines.
(2)
Design review to be required in accordance with the procedures described on the review process final view rating maps on file in the permit and resource management department and incorporated by reference.
(3)
New extensions of utility distribution lines shall be undergrounded, except when such undergrounding would have a more significant environment effect than an overhead line.

(Ord. No. 5318 § 1, 2001.)