Subject Area: Commercial Use Table
INTRODUCTION
These proposed changes clean-up the commercial zoning use table to reverse an unintended change in the 2014 General Plan update. The General Plan update changed the land use designation of several specific plan NC2 zones to the NC1.2 zone, such as the commercial zones on the corner of Avenida Vista Hermosa and La Pata. There was no intent to reduce density of development or the types of allowed uses in the specific plans. Conversely, the intent was to move new auto-oriented uses away from El Camino Real by locating them in commercial and business park areas of the Rancho San Clemente and Talega Specific Plans, however the uses are not allowed in the NC 1.2 zones. Several specific plans refer to the Zoning Code for a list of allowed uses in the commercial zones. The allowed uses in NC 1.2 and NC 1.3 zones are more restrictive than NC 2 zones. For example, a car wash facility and drive-through restaurant are not allowed in a NC 1.2 zone, where it is possible in a NC 2 zone. The proposed zoning changes update the commercial zoning land use table for NC 1.2 zones to clarify which land uses are allowed, consistent with what was permitted prior to the General Plan. For the NC 1.2 zones near the DMV in Shorecliffs, a Minor Conditional Use Permit would remain a requirement to allow several uses in close proximity to single-family uses. A footnote has been added on such uses to require a Minor Conditional Use Permit when adjacent to a single-family use.
“REDLINE” VERSION OF PROPOSED CHANGES
Section 17.36.020 is amended is follows:
17.36.020 Commercial Use Regulations.
A. Permitted and Conditionally Permitted Uses. Tables 17.36.020, Commercial Zone Uses, list uses which shall be the primary uses allowed to occur on a property. All uses except for those provided for in Sections 17.28.210, Outdoor Display Areas, and 17.28.300, Temporary Uses and Structures, of this title shall be conducted within enclosed structures. The primary uses identified in Table
17.36.020, Commercial Zone Uses, shall be permitted or conditionally permitted as indicated:
P Where the symbol "P" appears, the use shall be permitted.
MC Where the symbol "MC" appears, the use shall be permitted subject to the issuance of a Minor Conditional Use Permit, in accordance with Section 17.16.070, Minor Conditional Use Permits, of this title.
C Where the symbol "C" appears, the use shall be permitted subject to the issuance of a Conditional Use Permit, in accordance with Section
17.16.060, Conditional Use Permits, of this title.
O Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent footnote.
Attachment 4
B. Prohibited Uses. The following uses are prohibited:
1. Uses that are listed in Table 17.36.020 but that are not identified as either permitted — "P" — or conditionally-permitted — "MC" or "C"; and
2. Uses that are excluded from Table 17.36.020, unless they are found by the City to be similar to permitted or conditionally-permitted uses.
3. Uses where a blank cell appears in Table 17.36.020.
4. As indicated in Table 17.36.020, the following uses are not permitted in any commercial zone:
a. Marijuana Cultivation.
b. Marijuana Manufacturing.
c. Marijuana Testing Laboratory.
d. Marijuana Delivery.
e. Marijuana Dispensary.
5. The cultivation of industrial hemp, as defined in Section 11018.5 of the California Health and Safety Code, is not permitted in any commercial zone to the fullest extent allowed by state law.
Table 17.36.020
Commercial Zone Uses
Use Zones
1. Commercial NC
1.1 NC
1.2 NC
1.3 NC 2 NC 3 CC 1 CC 2 CC 3 CC 4 RMF
1 NOTE
Antiques (Retail Sales) P P P P P P P P P
Art Galleries P P P P P P P P P
Bakery Goods/Sales
(No Wholesale
Distributors)
P P P P P P P P P
Barber Shops P P P P P P P P P
Bicycle Shops P P P P P P P P P
Bookstores P P P P P P P P P
Carpet Sales MC MC P P P P P P P P 26
Ceramics (Retail Sales) MC MC P P P P P P P P 26
Cleaners and
Laundromats (No Linen
Service)
P P P P P P P P P
Clothing (Retail Sales) P P P P P P P P P
Confectionery Stores
(Small Scale
Production with Retail
Sales)
P P P P P P P P P
Convenience Stores C C C C C C C C C 1
Dancing and/or
entertainment that has:
a. No amplified sound. MC MC MC MC MC MC MC MC MC
b. Amplified sound. C C C C C C C C C
Drugstores/Pharmacies P P P P P P P P P
Electronics (Retail
Sales and Repair)
P P P P P P P P P
Fabric Stores P P P P P P P P P
Florists (Retail Sales) P P P P P P P P P
Floor Covering Stores MC PMC P P P P P P P 26
Furniture Stores (Retail
Sales)
MC PMC P P P P P P P 26
Glass/Mirror Sales MC PMC P P P P P P P 26
Grocery/Food Stores
(Not Convenience
Stores)
P P P P P P P P P
Gunsmith/Gun Shops C C C C C C C
Hardware Stores P P P P P P P P P
Home Appliance Stores
(Retail Sales and
Repair)
MC PMC P P P P P P P 26
Ice Cream Parlors
(Retail Sales with Small
Production)
P P P P P P P P P
Interior Decorating
Stores
MC PMC P P P P P P P 26
Janitorial Supplies P P P P P P P
Jewelry Stores P P P P P P P P P
Lawnmower
Sales/Service
MC PMC P P P P P P P 26
Liquor Sales for On-
Site Consumption:
a. Hard alcohol C C C C C C C C C
b. Beer and wine
indoors with active
food service
P P P P P P P P P
c. Beer and Wine in
outdoor dining areas
with active food service
MC MC MC MC MC MC MC MC MC
d. Beer and Wine
without active food
service
MC MC MC MC MC MC MC MC MC
Locksmith Shops MC MC P P P P P P P
Mail-Order Stores MC MC P P P P P P P
Marijuana Cultivation
Marijuana Delivery
Marijuana Dispensary
Marijuana Manufacturer
Marijuana Testing
Laboratory
Medical/X-Ray
Equipment (Sales Only)
P P P P P P P
Music Sales P P P P P P P P P
Newsstands (On
Private Property)
P P P P P P P P P
Nurseries (Indoor
Garden Retail Sales)
MC PMC P P P P P P P 26
Nurseries (Outdoor
Garden Retail Sales)
C C C C C C C C
Office
Equipment/Supplies
C C P P P P P P P P 26
Paint/Wallpaper Sales MC PMC P P P P P P P 26
Patio/Outdoor Furniture
Sales
MC PMC P P P P P P P 26
Pawn Shops C C C C C C C
Pet Shops MC MC MC MC MC MC MC MC MC
Pet Supply Stores MC PMC P P P P P P P 26
Photographic
Equipment Sales
MC PMC P P P P P P P 26
Pottery (Retail Sales
with Small Production)
MC PMC P P P P P P P 26
Shoe Stores (Retail
Sales and Repair)
P P P P P P P P P
Smoke or Tobacco
Shops
C C C C C 1
Specialty Food Stores P P P P P P P P P
Sporting Goods (Retail
Sales)
MC PMC P P P P P P P 26
Stationery Stores P P P P P P P P P
Surfboard (Custom
Manufacturing)
C C C C C C C
Swimming Pool
Accessory Shops
MC PMC P P P P P P P 26
Tailors/Dressmakers P P P P P P P P P
Use Zones
2. Hospital Uses NC
1.1 NC
1.2 NC
1.3 NC 2 NC 3 CC 1 CC 2 CC 3 CC 4 RMF 1NOTE
Ambulance Services C C C C
Accessory Uses to
Hospital (e.g.
laboratories, medical
offices, florists, and
parking lots).
P 2
Hospital C
Specialty Hospital C
Use Zones
3. Lodging NC
1.1 NC
1.2 NC
1.3 NC 2 NC 3 CC 1 CC 2 CC 3 CC 4 RMF
1 NOTE
Bed and Breakfast
Inns:
3 a. Five or Fewer
Guest Rooms
P P P P P P P P
b. Six to 10 Guest
Rooms
MC MC MC MC MC MC MC MC
c. Over 10 Guest
Rooms
C C C C C C C C
Hotel and Ancillary
Uses
C C C C C C C C
Motels C C C C C C C C
Timeshares C C C C C C C C
Use Zones
4. Personal Services NC
1.1 NC
1.2 NC
1.3 NC 2 NC 3 CC 1 CC 2 CC 3 CC 4 RMF
1 NOTE
Barber, beauty, nail,
and tanning services
P P P P P P P P P
Body Art
Establishments
1 Body Piercing Studios P P P P P P P P P 1
Tattoo Parlors P P P P P P P P P 1
Use Zones
5. Professional
Offices, Financial
Institutions and
Related Uses
NC
1.1 NC
1.2 NC
1.3 NC 2 NC 3 CC 1 CC 2 CC 3 CC 4 RMF
1 NOTE
Ambulance Services
(Office Only)
P P P P P P P P P
Banks/Financial
Institutions
P P P P P P P P P
Banks/Financial
Institutions with DriveThrough Facilities
C C C C C P P P P
Newspaper Publication
and Office
P P P P P P P P
Employment Agencies P P P P P P P P
Offices, Medical P P P P P P P P P
Offices, Professional P P P P P P P P P
Offices,
Veterinary/Animal
Hospitals
MC PMC P P P P P P P 26
Secretarial Services P P P P P P P P P
Telemarketing Services P P P P P P P P
Travel Agencies MC PMC P P P P P P P 26
Use Zones
6. Public/Quasi Public
and Institutional Uses
NC
1.1 NC
1.2 NC
1.3 NC 2 NC 3 CC 1 CC 2 CC 3 CC 4 RMF
1 NOTE
Churches C C C C C C C C C
Clubs/Social
Organizations
C C C C C C C C C
Congregate Care
Facilities
C C C C C C C C 4
Convalescent Homes C C C C C C C C
Day Care Facilities: 5
a. Small-Family Day
Care Home
P P P P P P P P P 6
b. Large-Family Day
Care Home
P P P P P P P P P 6
c. Day Care Centers C C C C C C C C C
Group Instruction MC MC MC MC MC MC MC MC MC
Group Counseling C C 7
Libraries P P P P P P P P P
Parking Lots MC MC MC MC MC MC MC MC MC 8
Parking Structures C C C C C C C C C
Parks O O O O O O O O O 9
Public Utilities: 10
a. City-Initiated
Projects
O O O O O O O O O O
b. Projects Initiated by
Outside Agencies:
i. Major Utilities C C C C C C C C C C
ii. Minor Utilities P P P P P P P P P P
Schools, Public and
Private
C C C C C C C C C
Transportation Facilities C C C C C C C
Use Zones
7. Residential Uses NC
1.1 NC
1.2 NC
1.3 NC 2 NC 3 CC 1 CC 2 CC 3 CC 4 RMF 1NOTE
Qualified Affordable
Housing Development
Projects
P P P P P P 11, 25
Senior Housing
Projects
P P P P C P C P 11,
12, 25
Use Zones
8. Restaurants and
bars
NC
1.1 NC
1.2 NC
1.3 NC 2 NC 3 CC 1 CC 2 CC 3 CC 4 RMF
1 NOTE
Bars, cocktail lounges
(with or without dancing
and/or entertainment)
C C C C C C C C C
Microbreweries (with
limited production up to
5,000 barrels and
tasting room) as
defined in Section
17.88 C C C C C C C C C
Taprooms as defined
in Section 17.88
C C C C C C C C C
Restaurants without a
drive-through
P P P P P P P P P
Restaurants with drivethrough C C C C C C C C 13
Use Zones
9. Unclassified Uses NC
1.1 NC
1.2 NC
1.3 NC 2 NC 3 CC 1 CC 2 CC 3 CC 4 RMF
1 NOTE
Accessory Buildings C C C C C C C C C C
Alcohol Beverage Sales
Concurrent with Motor
Vehicle Fuel-
Convenience Store
Sales
C C C C C C C C C 14
Amusement Centers C MC MC MC MC MC MC MC MC 15
Animal Grooming
Shops
MC MC P MC P P P P P P P 26
Bowling Alley C MC MC MC MC MC MC MC MC
Drive-Thru Facilities,
When in Conjunction
with a Use Permitted or
Conditionally Permitted
in this Zone
C C C C C C C
Grading, Not
Accompanying a
Development Request:
16 a. Emergency P P P P P P P P P P
b. Major C C C C C C C C C C
c. Minor P P P P P P P P P P
Health/Fitness/Sports
Clubs and Facilities
C C C C C C C C C
Massage C C C C C C C 17
Accessory Massage MC MC MC MC MC MC MC MC MC 17
Mortuaries C C C C C C C
Pool Halls C C MC MC MC MC MC MC MC 18
Recycling Facilities: 19
a. Reverse Vending
Machines
P P P P P P P P P
b. Small Collection C PC P P P P P P P 26
c. Large Collection C C C C C C C
Theaters C C MC MC MC MC MC MC MC
Urban Private Storage
Wine Tasting (Only as
an Accessory Use to
establishments selling
wine or wine related
products as a primary
use)
MC MC MC MC MC MC MC MC MC
Use Zones
10. Vehicle-Related
Uses
NC
1.1 NC
1.2 NC
1.3 NC 2 NC 3 CC 1 CC 2 CC 3 CC 4 RMF 1NOTE
Car Washes C C C C C C C 24
Service Stations C C C C C C C C C 22
Vehicle Parts Stores P P P P P P P
Vehicle Dealerships C C C C C C C 23
Vehicle Sales [fewer
than 10 vehicles on
site]
MC MC MC MC MC MC MC 23
Vehicle Sales [10 or
more vehicles on site]
C C C C C C C 23
Vehicle Rental [5 or
fewer vehicles on site]
P P P P P P P 23
Vehicle Rental [6 or
more vehicles on site]
MC MC MC MC MC MC 23
Vehicle Service and
Repair-Related
Facilities/Vehicle
Repair, Minor or Major
C C C C C C C 24
Footnotes:
1. Refer to Chapter 17.28, Special Uses, of this title for special provisions for the referenced land use.
2. Refer to Section 17.28.220, Parking Lots, of this title, for special provisions for single-use parking lots.
3. Refer to Section 17.28.090, Bed and Breakfast Inns, of this title, for special provisions for bed and breakfast inns.
4. Refer to Section 17.28.110, Congregate Care Facilities of this title for special provisions for congregate care facilities.
5. Refer to Section 17.28.100, Child Day Care Facilities, this title, for special provisions for day care facilities.
6. Small-family and large-family day care homes are permitted in a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multi-family dwelling in which the underlying zoning allows for residential uses, or a legal non-conforming single-family dwelling unit in a nonresidential zone. Small-family and large-family day care homes only shall operate in buildings that were lawfully constructed.
7. A group-counseling use is conditionally permitted in an RMF 1 zone only if it is integrated into, and secondary in nature to, a Hospital facility. The group-counseling use must serve the primary use of the site as a general Hospital that serves the broader community.
8. Refer to Section 17.28.220, Parking Lots, of this title, for special provisions for parking lots.
9. Refer to Section 17.28.230, Public Park Facilities, of this title for review requirements for parks.
10. Refer to Section 17.28.240, Public Utilities, of this title, for special provisions for public utilities.
11. Qualified Affordable Housing Developments and Senior Housing Projects are permitted uses in the subject zoning district only if the property is located within the Housing Overlay. Refer to Section 17.56.090, Housing Overlay, for projects in Commercial Zones of this title, for special provisions.
12. Refer to Section 17.28.280, Senior Housing Projects, of this title, for special provisions for senior housing projects.
13. Refer to Section 17.28.260, Restaurants, Drive-In, Drive-Through, of this title, for special provisions for drive-in/drivethru restaurants.
14. Refer to Section 17.28.040, Alcoholic beverages and motor vehicle fuel, concurrent sale of, of this title, for special provisions for concurrent sales of motor fuel and alcoholic beverages.
15. Refer to Section 17.28.050, Amusement Centers, of this title, for special provisions for arcades/amusement centers.
16. Refer to Section 17.28.130, Grading, of this title, for special provisions for grading requests that are not accompanying development requests.
17. Massage is subject to Section 5.28 of the City of San Clemente Municipal Code. Refer to Section 17.28.185, Massage Establishments, of this title, for special provisions for massage establishments and accessory massage establishments.
18. The provisions for amusement centers shall apply to poolhalls. Please refer to Section 17.28.050, Amusement Centers, for special provisions for amusement centers.
19. Refer to Section 17.28.250, Recycling Facilities, of this title, for special provisions for recycling facilities.
20. Refer to Section 17.28.290, Service Stations, of this title, for special provisions.
21. Refer to Section 17.28.310, Vehicle Dealerships, Rental, and Sales of this title, for special provisions for vehicle dealerships.
22. Refer to Section 17.28.320, Vehicle Service and Repair-Related Facilities, of this title, for special provisions.
23. Refer to Section 17.28.310, Vehicle Dealerships, Rental, and Sales of this title, for special provisions for vehicle dealerships.
24. Refer to Section 17.28.320, Vehicle Service and Repair-Related Facilities, of this title, for special provisions.
25. Qualified Affordable Housing Developments, Senior Housing, and Market Rate Residential projects seal not be allowed to convert existing hotel/motel uses which have provided lower cost visitor serving accommodation in the last five years, unless the project provides equivalent new lower cost visitor serving accommodation or unless required to be approved pursuant to State law.
26. Subject uses proposed on NC1.2 zoned properties adjacent to Residential Zones require a Minor Conditional Use Permit, in accordance with Section 17.16.070, Minor Conditional Use Permits, of this title.