DRAFT AMENDMENTS — 7 - 6 -22
City of Merced Zoning Ordinance Page 21
Chapter 20.10 – COMMERCIAL ZONING DISTRICTS
Sections:
20.10.010 Purpose of the Commercial Zoning Districts
20.10.020 Land Use Regulations for Commercial Zoning Districts
20.10.030 Development Standards and Guidelines for Commercial Zoning Districts
20.10.010 Purpose of the Commercial Zoning Districts
A. Neighborhood Commer cial (C- N). The C -N zoning district provides areas for shoppin g c
enters and other commercial uses that serve the day -to-day needs of residential neighborhoods. The C-N districts shall have a minimum area of three acres and shall be located only where analysis of the residential population demonstrates that the facilities are justified.
B. Shopping Center Commercial (C -SC). The C -SC zoning district provides areas for grocery stores, supermarkets, and other retail establishments selling groceries to serve local residents as well as the larger regional market. The C-SC districts shall have a minimum area of five acres.
C. Regional/Central Commercial (C-C). The C-C zoning district provides areas for a diversity of commercial and residential land uses in the central business district and regional cent ers.
T
hese uses help to support a vibrant retail destination , provide jobs for residents, and accommodate commercial and service uses to meet the needs of community and regional businesses and residents.
D. Office Commercial (C -O). The C-O zoning district provides a location for a broad range of office uses including professional offices, business offices, medical offices , and regional or “back” offices. The C-O zoning district can also accommodate limited “accessory” restaurant, retail, and service uses that cater to the needs of on-site employees and visitors.
E. Thoroughfare Commercial (C-T). The C-T zoning district provides areas for auto-oriented commercial uses that accommodate the needs of people traveling on highways and local motorists. The C-T zoning district also accommodates large recreational facilities and heavy commercial uses that benefit from proximity to the highway.
F. General Commercial (C-G). The C-G zoning district provides areas for heavy commercial and light industrial uses that may impact neighboring uses and often require large parcels and benefit from separation from retail uses. The C-G districts are to be established in areas of four acres or larger.
G. Business Park (B -P). The B-P zoning district provides a location for employment -intensive uses within a n attractive campus-like setting. The B -P zoning district shall primarily allow “back” offices, research and development businesses but also limited commercial retail uses to serve e mployees in the area. The B -P zoning district shall have a minimum area of five acres.
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CHAPTER 20.10 COMMERCIAL ZONING DISTRICTS
20.10.020 Land Use Regulations for Commercial Zoning Districts A. Permitted Uses. Table 20.10-1 identifies land uses permitted in commercial zoning districts.
TABLE 20.10-1 P ERMITTED LAND USES IN THE COMMERCIAL ZONING DISTRICTS Key
P Permitted Use
M Minor Use Permit Required
SP Site Plan Review Permit Required
C Conditional Use Permit Required
X Use Not Allowed
Zoning District [1]
C-O C-N C-C C-SC C-T C-G B-P
Additional
Regulations
RESIDENTIAL USES[1]
Group/Transitional/Supportive Housing XC XC P [3] XC XC[3] XC[3] XC Live/Work Units C C P [2] X X X XC Sec. 20.44.080
Multiple-Family Dwellings C C P X X X XC
Residential Care Facilities, Small (6 or Less) X X P [3] X X X X Residential Care Facilities, Large
(More than 6 residents) X X P [3] X X X X
Single-Room Occupancy X X P [3] X X X XC Sec. 20.44.120
COMMUNITY USES
Community Assembly C C C X C C C
Community Garden SP SP SP SP X SP XSP Sec. 20.44.050
Colleges and Trade Schools C C C SP[9] X C CSP
Convalescent or Nursing Homes C C C X X X XC
Cultural Institutions C C C X C C C
Day Care Centers (Children & Adults) M M M M X X SPM
Emergency Shelters X X C X C P XC Sec.20.44.150
Government Offices P P P X CP CP CP
Hospitals and Surgery Centers C C C C[9] XC XC C
Instructional Services P P P X X X SPP
Medical Offices and Clinics P P P P[9] X X CP
Parks and Recreational Facilities CSP CSP CSP X XSP XSP CSP Public Safety Facilities SP SP P C SP SP SP
Rehabilitation Centers P P [6] P[10] X X CSP CSP
Social Assistance Services C C C X SP P XSP
ATTACHMENT 3--Page 2
CHAPTER 20.10 COMMERCIAL ZONING DISTRICTS
City of Merced Zoning Ordinance Page 23
Key
P Permitted Use
M Minor Use Permit Required
SP Site Plan Review Permit Required
C Conditional Use Permit Required
X Use Not Allowed
Zoning District [1]
C-O C-N C-C C-SC C-T C-G B-P
Additional
Regulations
COMMERCIAL USES
Alcoholic Beverage Sales [7] X P
[7][8] P [7] C [7]
[8][9] P [7] P [7] SP P [7] Sec.20.44.010
Bail Bond Businesses C X C [10] X C C C
Bars and Nightclubs X C C X C C C
Banks, Retail P P P P [9] SP SP SPP
Bed and Breakfast X X C X C C XC Sec.20.44.030
Breweries, Distilleries, & Wineries X X P[19] X P[19] P[19] P[19] Building Supplies/Home Improvement X X C C[9] SP P SPP
Business Support Services X C M X P P SPP
Cardrooms [5] X X C [5] X C [5] C [5] X Chapter 9.08
Cemeteries and Mausoleums X X C X C P X
Check Cashing/Payday Loan Establishments C X C [10] X C C C Sec.20.44.040 Commercial Cannabis Businesses Refer to Table 20.44-1 in Section 20.44.170 Commercial Recreation, Indoor (Except Below) X SP SP SP[9] P SP CSP Multi-Screen (6 or More) Movie Theaters X C P X C X CSP Commercial Recreation, Outdoor X X X SP [9] P C CSP
Drive-Through and Drive-Up Sales C C SP SP [9] P P SP
Equipment Sales and Rental X X X X P P SP
Farmer’s Market C SP SP SP SP SP SP Sec.20.50.030B
Flea Market X X X X C C C
Funeral Parlors and Mortuaries C C C X C P C
Gas and Service Stations/Car Washes X C SP SP [9] P P SPP Sec.20.44.070 Hotels and Motels X X P X P C CP
Hookah Lounges X C C X C C C
Kennels X X X X C P C
Maintenance and Repair Services X X X X P P SPP
Massage Establishments C [16] C [16] C [16] X C [16] C [16] XC[16] Chapter 5.44 Massage Therapy—Sole Practitioner P[17] P[17] P[17] X C [16] C [16] XC{16] Chapter 5.44 Mobile Food Vendors C C C C[9] SP
[11] SP CSP Sec. 5.54 &
20.44.020
Mobile Home Sales X X X X P P SP
Office, Professional P P P SP [9] SP SP SPP
ATTACHMENT 3--Page 3
CHAPTER 20.10 COMMERCIAL ZONING DISTRICTS
Key
P Permitted Use
M Minor Use Permit Required
SP Site Plan Review Permit Required
C Conditional Use Permit Required
X Use Not Allowed
Zoning District [1]
C-O C-N C-C C-SC C-T C-G B-P
Additional
Regulations
COMMERCIAL USES (Continued)
Pawn Shops X X C [10] X X P X
Personal Services P P P P [9] M M M[12]
Retail, General SP[12] P P P [9] P SPP SPP
Restaurants C [13] P [8] P P [9] P M PSP [12]
[13]
Tattoo Parlors X SP M X M M SPM
Tobacco Retailers [18] X P [18] P [18] P [18] P [18] P [18] P SP[18] Sec.20.44.160
Vehicle Parts and Accessories Sales X P P P[9] P P SP
Vehicle Rentals X X M X P P SP
Vehicle Repair and Maintenance, Major X X X X C P CSP
Vehicle Repair and Maintenance, Minor X SP P X P P CP
Vehicle Sales X X P [10]
[14] X P P CP
INDUSTRIAL USES
Manufacturing and Processing, General X X X X X M CSP
Manufacturing and Processing, Light X X X X X P SP
Research and Development C X C X SP SP P
Warehousing, Wholesaling, and Distribution X X SP[15] X P P SP Wrecking & Salvage Establishments X X X X C C X Sec.20.44.140
TRANSPORTATION, COMMUNICATION, AND UTILITY USES
Airports X X X X C C C
Freight Terminals X X X X C C C
Heliports C X C X C C C
Parking Facilities P P P P[9] P P P
Public/Mini Storage X X X X M M SP
Recycling Collection Facilities Sec.20.44.090
Reverse Vending Machines P P P M[9] P P P
Small Collection Facilities SP SP SP SP[9] SP SP SP
Large Collection Facilities X X X X C C C
Utilities, Major C C C X C C C
Utilities, Minor P P P P[9] P P P
Wireless Communications Facilities See Chapter 20.58
ATTACHMENT 3--Page 4
CHAPTER 20.10 COMMERCIAL ZONING DISTRICTS
City of Merced Zoning Ordinance Page 25
Notes:
[1] A Site Plan Review Minor Use Permit may be required per Chapter 20.32 (Interface Regulations) regardless of the uses shown in Table 20.10-1. Allowed Residential densities are as follows: a) 12.1 to 24.0 units/gross acre in the C-O, C-N, C-SC, C-T, C-G, and B-P Districts, but can be approved up to 36.0 units/gross acre with a Conditional Use Permit; and b) 12.1 to 36.0 units/gross acre in the C-C District but can be approved up to 200 uni ts/gross acre for multi- story buildings over 5 stories with a Conditional Use Permit. [2] Residential use on the ground floor is prohibited unless it is located on the back of the property where it is not visible or approved with a Conditional Use Permit. [3] Prohibited as a single use. Permitted as part of a residential mixed -use project. Allowed only for converted hotels or motels.
[4] Use shall not exceed 20,000 square feet.
[5] 24 hour operations limited to C-T and C-C zones per Chapter 9.08 (Gaming). [6] Rehabilitation centers for drug, methadone, and alcohol are prohibited. [7] A Conditional Use Permit is required for establishments smaller than 20,000 square feet. [8] A Conditional Use Site Plan Review Permit is required for alcoholic beverage sales for on -site consumption.
[9] Permitted only as part of a shopping center or other retail establishment with a minimum of 8,000 square feet of floor area devoted to the sale of groceries. [10] Prohibited in the City Center area between 19th and 16th Streets and O Street and Martin Luther King, Jr. Way, including properties fronting on either side of each of the above streets, except vehicle sales showrooms can be allowed.
[11] Includes refreshment stands.
[12] Permitted only as an ancillary use to serve employees, not to occupy more than 5,000 square feet.
[13] Conditional Use Permit required unless the use is ancillary to a principal permitted use. For restaurants, Condi tional Use Permit is required unless the uses are conducted in and entered from within the building with no outside advertising.
[14] A Site Plan Review Permit is required for used vehicle sales. [15] Temporary w arehousing and storage only is allowed per the requirements of Section 20.10.030(D).
[16] Provided that a massage establishment permit has not been revoked at that location within 12 months of the application for a conditional use permit and a massage establishment permit is obtained pursuant to Chapter 5.44.
[17] Must have valid certificate from State of California as a massage therapist or massage practitioner pursuant to the Massage Therapy Act (Business and Professions Code Section 4600 et seq.).
[18] Prohibited within 1,000 feet of schools and 6
00 feet of other uses per Sec. 20.44.160, unless
building over 20,000 square feet or exemption granted per Sec. 20.44.160. [19] Provided that the business includes a full -service restaurant and the on -site sale of beer, liquor, or wine made by the same business either on-site or off-site.
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CHAPTER 20.10 COMMERCIAL ZONING DISTRICTS
20.10.030 Development Standards and Guidelines for Commercial Zoning Districts A. General Standards. Table 20.10-2 identifies development standards that apply to all parcels and structures located in commercial zoning districts. See Figure 20.10-1.
B. Outdoor Operation of Uses.
1. The outdoor operation of a land use in the C-C and C-N zoning districts shall require approval of a Site Plan Review Permit. Outdoor dining in accordance with Chapter 12.36 (Restaurant Encroachment Permits), outdoor recreation, commercial parking lots, and other similar permitted uses that necessitate outdoor operation are exempt from this requirement.
2. The storage of vehicles, equipment, and materials in the C -T and C -G zoning district shall be either located entirely within a completely enclosed building; or entirely enclosed by a screen fence or hedge no t less than 6 feet high. This requirement shall not apply to retail nurseries or vehicle sales and rental uses.
3. All land uses shall be located entirely within a completely enclosed building in the B-P zoning district.
C. Location of Parking and Loading Facilities. Parking and loading facilities in a commercial zoning district shall be set back a minimum of 8 feet from an exterior property line when located across the street from a residential zoning district.
D. Temporary Warehousing and Storage Uses in the Downtown C-C Zoning District. The following uses require a Site Plan Review Permit pursuant to Chapter 20.68.050 of this code in the Downtown C-C Zoning District:
1. Temporary warehouse and storage uses, but only within existing buildings or structures on properties with environmental issues, restrictions, or limitations identified by local, state, or federal agencies, subject to conditions in Section 20.10.030(D)(2) of this chapter. While warehouse and storage uses are generally prohibited and discouraged in the C -C district, it is recognized by the City that environmental issues, restrictions, or limitations identified by local, state, or federal agencies may limit or prohibit the uses, otherwise permitted or conditionally permitted in this district. The City further recognizes the substantial public and private investment made to both public and private properties in the Downtown C -C district and the need for property owners to have a source of funds to meet property expenses as well as to ensure that the public and private investments are protected by preventing these properties from falling into disrepair and becoming blighted. Temporary warehouse and storage use does not include traditional mini-storage where multiple tenants or customers rent or lease storage space from the property owner or mini-storage operator.
ATTACHMENT 3--Page 6
CHAPTER 20.10 COMMERCIAL ZONING DISTRICTS
City of Merced Zoning Ordinance Page 27
2. The following conditions shall be applied to the Site Plan Review Permit for Temporary Warehouse and Storage Uses in the Downtown C-C District:
a. When a Site Plan Review Permit is granted
for any property within the Downtown C-C
district with environmental issues,
restrictions, or limitations identified by local,
state, or federal agencies, the use of the
property shall have no more than the
minimum number of employees for the
minimal amount of time required for
business operation in order to minimize
human exposure.
b. The Site Plan Review Pe rmit shall be valid
and last only until remediation of the
environmental issue, restriction, or limitation is complete and the environmental issue, restriction, or limitation is officially "closed" by the local, state, or federal agency. The Site Plan Review Permit shall be reviewed at least every three (3) years to determine if the need still exists for the restriction. If the need no longer exists, the property shall be brought into compliance with Downtown C-C district within ninety (90) days after notice to the property owner.
c. The Site Plan Review Permit shall require
that commercial activities occur that are
observable through any window facing Main
Street at the street and sidewalk level. It is the
intent of this condition not to allow window
displays of stacked boxes or merchandise.
Examples of commercial activities encouraged
hereunder shall include, but are not limited to,
window display of art, goods, merchandise for
sale at a different location by the warehouse or
storage user, and public service notices and announcements, with such display shieldi ng warehoused merchandise from any window facing Main Street.
d. The Site Plan Review Permit shall require that proper maintenance and upkeep of the appearance of the building and the property occur during the duration of the Site Plan Review Permit including, but not limited to, weed abatement, graffiti abatement, and such other conditions as the S ite Plan Review Committee determines is appropriate.
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CHAPTER 20.10 COMMERCIAL ZONING DISTRICTS
TABLE 20.10-2 D EVELOPMENT STANDARDS FOR COMMERCIAL ZONES
Figure
Label
Standard by Zone
C-O C-N C-C C-SC C-T C-G B-P
LOT AND INTENSITY STANDARDS (MINIMUMS)
Parcel Area 7,500
sq. ft.
7,500
sq. ft.
7,500
sq. ft.
35,000
sq. ft.
10,000
sq. ft.
10,000
sq. ft.
20,000
sq. ft.
PRIMARY BUILDING STANDARDS
Setbacks (min.)
Exterior 10 ft. 20 ft. [2] 0 ft. [2] 20 ft. [2] 0 ft. 0 ft. 25 ft.[2] Interior 5 ft. 0 ft. [1] 0 ft. [1] 0 ft. [1] 0 ft. 0 ft. 20 ft.[1] Height (max.) [3]
Feet 40
ft.[3] 35 ft.[3] 60 ft.[3] 35 ft.[3] 40 ft.[3] 40 ft.[3] 40 ft.[3]
OTHER STANDARDS
Accessory Structure
Standards
See Chapter 20.28
Separation Between
Structures
As required by the California Building Code
Off-Street Parking See Chapter 20.38
Notes:
[1] Minimum of 20 feet required when abutting a residential zoning district. [2] Minimum of 35 feet required when across from a residential zoning district. [3] Only applies when directly adjacent to residential zones. Exceptions to the height limitations in those cases may be granted by the Site Plan Review Committee.
ATTACHMENT 3--Page 8
CHAPTER 20.10 COMMERCIAL ZONING DISTRICTS
City of Merced Zoning Ordinance Page 29
FIGURE 20.10-1 COMMERCIAL DEVELOPMENT STANDARDS
ATTACHMENT 3--Page 9
CHAPTER 20.10 COMMERCIAL ZONING DISTRICTS
E. Development Guidelines for the C- C (Regional Centers Only) and B-P Zoning Districts. The City shall consider the following guidelines when reviewing development project applications in the C-C (for Regional Centers only, outside of the Downtown C-C District) and B-P Zoning Districts:
1. Site Design
a. All buildings should relate
visually to one another and
appear to be part of a unified
design theme.
b. Larger buildings should be
broken down into a group of
buildings clustered into
traditional building compounds
or campus configurations.
c. When multiple structures are
proposed as part of a single project, the structures shall be designed to appear as part of an integrated complex within a unified site design and architectural characteristics.
d. Building entries should be located so
that they are easily identifiable. Each project
should provide a well -defined entry
sequence for pedestrian and vehicular uses
from the street to the building.
2. Building Design.
a. Buildings shall feature quality design
and architectural interest that enhances the
aesthetics of the site and general vicinity.
b. New development should include a variety of building types and designs in addition to the concrete tilt-up type construction which is often used. c. Buildings should appear to be of a pedestrian scale. Pedestrian scale building design can be achieved through outdoor patios; awnings, overhangs, and trellises; changes in building massing; changes in building materials and colors; defined building facades with an identifiable base, middle, and top; and other similar features.
3. Landscaping.
a. Development projects shall provide adequate, sustainable, drought-tolerant landscaping to enhance the appearance of buildings and provide an attractive environment for employees and the general public.
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CHAPTER 20.10 COMMERCIAL ZONING DISTRICTS
City of Merced Zoning Ordinance Page 31
b. Landscaping should provide an aesthetically pleasing transition between the building and adjacent sidewalks or
pedestrian paths. Landscaping should
soften the visual impact of buildings
when viewed from the street, parking
areas, or adjacent properties.
c. Landscaping shall be provided a long
street frontage to provide visual interest,
support a uni fying character to the
street, incorporate on -site storm drainage facilities, a nd enhance the appearance of individual developments. Landscape elements should be coordinated with adjacent prope rties to provide a compatible visual character.
4. Parking.
a. In order to reduce public views of parking areas, a significant amount of a development’s parking area should be located beside or behind the building that it serves.
b. Surface parking areas should be divided into smaller units to decrease visual impacts associated with large expanses of pavement and vehicles. c. Parking areas s hall include designated pedestrian access to building entrances.
d. Visual screening shall be provided for parking areas that can be viewed from adjacent development sites or from public streets.
Screening may be in the form of trees and shrubs
and/or landscaped berms.
5. Pedestrian Circulation
a. Sidewalks and pathways sh all be provided to
accommodate pedestrian circulation from parking
areas to buildings, between buildings, and to plazas, open spaces, and other outdoor amenities. This pedestrian network should enhance a campus-like appearance of the development site and functional awnings should be added to protect pedestrians from the rain when walking along building frontages of businesses which about each other.
b. Pedestrian systems sh ould be physically separated from vehicular circulation as much as possible. Areas where t he two systems cross or are physically adjacent should be minimized to reduce traffic hazards and make the pedestrian system more efficient, pleasant, and visually attractive. c. Intersections where pedestrian routes cross vehicular circulation shall be clearly marked for visual identification by both motorists and pedestrians.
ATTACHMENT 3--Page 11
CHAPTER 20.10 COMMERCIAL ZONING DISTRICTS
6. Service Areas
a. Loading and service dock areas should be located to the rear or sides of buildings and away from main building entrances and
other high visibility areas.
b. Loading and service docks, truck areas, and outdoor
storage areas, shall be screened from public view.
c. Service areas should be visually unobtrusive and
integrated with each building’s architecture and site
design.
7. Utilities and Backflow Preventers
a. Utility cabinets and meters shall be contained within the building or otherwise fully screened.
b. Backflow prevention devices shall be fully screened from public view through the use of landscaping, berms, low walls, or other screening techniques.
8. Waste Storage
a. Trash bins shall be located within a trash enclosure at all times and screened from public view. Gates shall remain closed and secured except during pick- up.
b. Trash enclosures should be located away from main entry driveways if feasible.
c. Trash enclosures shall be constructed of durable materials with color, texture, and architectural detailing that is consistent with the overall site and building design.
d. No materials, supplies, equipment, service vehicles, finished or semi- finished produc ts, raw materials, or articles of similar nature sh all be stored or permitted to remain outside of buildings or be visible from adjacent properties or adjoining streets.
9. Signs and Lighting
a. All signs and exterior lighting shall be designed to support a unified design theme within a development area.
b. Multiple-tenant buildings and complexes shall develop a master sign program that supports a unified design theme within a development area.
The master sign program, to be approved by the Planning Commission, Site Plan Review Committee , or through an Administrative Conditional Use Permit for signs, shall establish requirements for consistent use of sign materials, location, size, height, color, and lighting.
ATTACHMENT 3--Page 12