Chapter 16.36. COMMERCIAL AND MIXED USE DISTRICTS*

§ 16.36.030. Commercial and mixed use regulations.

Latest version.

Permitted uses within commercial districts in the city are identified in Table 16.36.030(A). Permitted uses are identified with a "P," uses permitted subject to a Minor Use Permit are identified by a "MUP" and uses permitted subject to issuance of a conditional use permit are identified by a "CUP." Uses not identified in the table are prohibited. Note that other sections of the development code, general plan goals and objectives, and other federal, state and local requirements may also apply to proposed commercial uses.

Table 16.36.030(A)
Uses Permitted Within Mixed Use and Commercial Districts

IMU = Industrial Mixed Use District (El Camino)	FOMU = Fair Oaks Mixed Use District
TMU = Traffic Way Mixed Use District	HMU= Highway Mixed Use District
VCD = Village Core Downtown District	OMU =Office Mixed Use District
VMU = Village Mixed Use District	RC = Regional Commercial District
GMU = Gateway Mixed Use District	HCO = Historic Character Overlay District (Design Overlay District 2.4)
P = Permitted Use	MUP = Minor Use Permit
CUP = Conditional Use Permit	PED = Not permitted in pedestrian oriented storefront locations on ground floor facing E. Grand Avenue, East/West Branch Street or prime real estate space within shopping centers
NP = Not Permitted

Permit Required By District
All new commercial buildings or third-story components require a CUP

Allowed Land Uses and Permit Requirements—LAND USE	IMU	TMU D-2.11	VCD HCO D-2.4	VMU D-2.11 HCO D-2.4	GMU	FOMU	HMU	OMU D-2.20	RC	Specific Use Standards and other references
A. SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL
ATM	NP	P	MUP	MUP	P	P	P	P	P
Bank Financial Services	NP	MUP	MUP	MUP	MUP	MUP	MUP	MUP	CUP
Medical Services - doctor's office	NP	MUP	MUP/PED	MUP	MUP/PED	MUP	MUP	P	CUP
Medical Services - clinic, lab, urgent care	NP	MUP	CUP/PED	MUP	MUP/CUP/PED	MUP	MUP	MUP	CUP
Medical - hospital	NP	NP	NP	NP	NP	NP	NP	CUP	NP
Office - accessory	MUP	P	MUP	MUP	P/PED	P	P	P	P
Office - government	MUP	CUP	MUP	MUP	CUP	CUP	CUP	MUP	CUP
Office - processing	MUP	CUP	CUP	MUP	MUP/PED	MUP	CUP	P	NP
Office - professional	MUP	MUP	MUP	MUP	MUP/PED	MUP	MUP	P	CUP
Small Cell Tele-communication facilities (commercial)	MUP	MUP	MUP/CUP ^4,5	MUP/CUP	MUP	MUP	MUP	MUP	MUP	Subject to the Telecommunication Facilities Siting and Permit Submittal Requirements as adopted by City Council Resolution
Tele-communication facilities (commercial)	CUP	MUP	NP	CUP	CUP	CUP	MUP	CUP	CUP	Subject to the Telecommunication Facilities Siting and Permit Submittal Requirements as adopted by City Council Resolution
Veterinary clinic, animal hospital	CUP	CUP	NP	CUP	CUP	CUP	CUP	MUP	CUP
B. SERVICES - GENERAL
Adult day care - 14 or fewer clients	NP	NP	MUP/PED	MUP	MUP/PED	MUP	NP	MUP	NP	16.52.120
Adult day care - 15 or more clients	NP	NP	NP	NP	CUP/ PED	CUP	NP	CUP	NP	16.52.120
Automotive and vehicle services - Major repair or body work	MUP	MUP	NP	NP	NP	NP	MUP	NP	NP	16.52.210
Automotive and vehicle services - minor maintenance or repair including tire services	MUP	MUP	NP	NP	NP	NP	MUP	NP	NP	16.52.210
Catering services	MUP	MUP	MUP/PED	MUP	MUP/ PED	MUP	MUP	MUP	NP
Child day care center - 14 or fewer	NP	NP	MUP/PED	MUP	MUP/ PED	MUP	NP	MUP	MUP
Child day care center - 15 or more	NP	NP	MUP/PED	MUP	MUP/ PED	MUP	NP	CUP	NP	16.52.120
Drive-through services	NP	CUP	NP	CUP	NP	NP	CUP	CUP	cup
Emergency shelters	MUP	NP	NP	NP	NP	NP	MUP	NP	NP
Equipment rental	MUP	CUP	NP	CUP	NP	NP	CUP	CUP	NP
Kennel, animal boarding	CUP	CUP	NP	CUP	NP	NP	CUP	CUP	NP	16.52.100
Lodging-Bed & breakfast inn	NP	MUP	MUP	MUP	MUP	MUP	MUP	MUP	CUP NP	16.52.080
Lodging-Hotel or motel	NP	CUP	CUP	CUP	CUP	CUP	CUP	CUP	NP	See General Plan Policy LU7-4
Lodging-Recreational Vehicle (RV) Park	NP	NP	NP	NP	NP	NP	NP	NP	NP
Maintenance services-client site services	MUP	MUP	NP	MUP	NP	MUP	MUP	MUP	NP
Mortuary, funeral home	CUP	NP	NP	NP	NP	NP	NP	CUP	NP
Personal services	NP	MUP	MUP	MUP	MUP	MUP	MUP	MUP	MUP
Personal services-Restricted	NP	CUP	NP	NP	NP	NP	CUP	NP	NP	16.52.030
Public safety facility	MUP	P	MUP/PED	P	P	P	P	P	P
Repair service-Equipment, large appliances, etc.	MUP	MUP	NP	CUP	CUP	MUP	MUP	NP	NP
Social services organization	NP	CUP	NP	CUP	CUP/PED	MUP	CUP	MUP	NP
Tele-communication facilities (commercial)	CUP	MUP	NP	CUP	CUP	CUP	MUP	CUP	CUP
Vacation rentals and homestays	NP	MUP	MUP	MUP	MUP	MUP	MUP	MUP	NP	16.52.230 16.52.240
C. INDUSTRY, MANUFACTURING AND PROCESSING, WHOLESALING, STORAGE
Agricultural product processing	CUP	CUP	NP	CUP	NP	NP	NP	NP	NP	16.52.095
Construction yard	MUP	NP	NP	NP	NP	MUP	NP	NP	NP	16.52.095
Drive-thru services	NP	CUP	NP	CUP	NP	NP	CUP	CUP	CUP
Furniture and fixtures manufacturing, cabinet shop	MUP	NP	NP	NP	NP	MUP	NP	NP	NP	16.52.095
Industrial research and development	CUP	NP	NP	NP	NP	NP	NP	NP	NP	16.52.095
Laboratory - Medical, analytical, research and development	CUP	CUP	NP	NP	NP	NP	CUP	MUP	NP	16.52.095
Manufacturing or Processing - Light	MUP	CUP	NP	NP	NP	NP	CUP	NP	NP	16.52.095
Printing and publishing	MUP	MUP	NP	NP	CUP	CUP	MUP	MUP	NP	16.52.095
Recycling - scrap and dismantling yard	CUP	NP	NP	NP	NP	NP	NP	NP	NP	16.52.095
Recycling - Small collection facility	CUP	MUP	MUP/PED	MUP	MUP/PED	MUP	MUP	MUP	MUP	16.52.095
Storage - Outdoor	MUP	MUP	NP	NP	NP	NP	NP	NP	NP	16.52.095
Storage (mini - storage)	MUP	NP	NP	NP	NP	NP	NP	NP	NP	16.52.095
Wholesaling and distribution	CUP	CUP	NP	NP	NP	NP	CUP	NP	NP	16.52.095
Winery	CUP	CUP	NP	NP	NP	NP	CUP	NP	NP	16.52.095
D. RETAIL TRADE
Accessory retail uses	P	P	P	P	P	P	P	P	P	Subject to Business License clearance
Adult business	CUP	NP	NP	NP	NP	NP	NP	NP	NP	Subject to Section 16.52.030 for location parameters and development standards
Alcoholic beverage sales	NP	CUP	CUP	CUP	CUP	CUP	CUP	CUP	CUP
Artisan shop	MUP	MUP	MUP	MUP	MUP	MUP	MUP	MUP	CUP/PED
Auto, vehicle and heavy equipment sales & rental	MUP	MUP	NP	NP	NP	NP	MUP	NP	NP	16.52.060 16.52.070
Auto, vehicle parts sales w/ installation services	MUP	MUP	NP	NP	NP	NP	MUP	NP	CUP
Auto, vehicle parts sales without installation services	MUP	MUP	NP	NP	CUP/ PED	CUP/ PED	MUP	NP	CUP	PED=Use not allowed within 200 feet of E. Grand Avenue Frontage
Building and landscape materials sales-indoor	MUP	MUP	CUP	CUP	MUP/ PED	MUP	MUP	NP	MUP
Convenience store	CUP	MUP	MUP	MUP	MUP	MUP	MUP	MUP	MUP
Drive-through retail	NP	CUP	NP	NP	CUP	NP	CUP	CUP	CUP	16.52.090 LU7-4
Extended hour retail	CUP	MUP	MUP	MUP	MUP	MUP	MUP	MUP	MUP
Farm supply and feed store	MUP	CUP	NP	CUP	NP	NP	CUP	NP	CUP
Farmers market	CUP	MUP	MUP	MUP	CUP	CUP	MUP	CUP	CUP
Formula Business	Permit required as identified by underlying land use	Permit required as identified by underlying land use	NP	NP For D-2.4	Permit required as identified by underlying land use	Permit required as identified by underlying land use	Permit required as identified by underlying land use	Permit required as identified by underlying land use	Permit required as identified by underlying land use
Fuel dealer (propane for home and farm use)	CUP	CUP	NP	NP	NP	NP	CUP	NP	NP
Gas station	CUP	CUP	NP	NP	NP	NP	CUP	NP	NP	16.52.170
General retail-5,000 sf or less	NP	MUP	P	P	P	P	MUP	MUP	P	Section 8.38 P-Subject to Business License clearance
General retail - 5,001 to 19,999 sf	NP	CUP	MUP	CUP	MUP	MUP	MUP	CUP	P	Section 8.38 P-Subject to Business License clearance
General retail - 20,000 sf to 102,500 sf	NP	MUP	NP	NP	CUP	CUP	CUP	NP	P	Note: Maximum Building Size per/district, Section 16.52.220 and Section 8.38
General Retail—Restricted	CUP	NP	NP	NP	NP	NP	CUP	NP	NP	Subject to Section 16.52.030 for location parameters and development standards
Groceries, specialty foods - 20,000 sf or less	NP	MUP	CUP	CUP	MUP	MUP	MUP	CUP	MUP
Groceries, specialty foods 20,000 sf to 102,500 sf	NP	CUP	NP	NP	MUP	MUP	MUP	NP	CUP	Note: Maximum Building Size per/district and Section 16.52.220
Outdoor retail sales and activities	MUP	MUP	MUP	MUP	CUP	CUP	MUP	NP	CUP	16.52.220
Mobile home, boat, or RV sales	MUP	CUP	NP	NP	NP	NP	CUP	NP	NP
Produce stand	MUP	MUP	MUP	MUP	MUP	MUP	MUP	MUP	CUP
Restaurant, café. Coffee shop	CUP	MUP	MUP	MUP	MUP	MUP	MUP	MUP	CUP	16.52.180 LU7-4
Second hand store	NP	NP	MUP	MUP	MUP	MUP	MUP	MUP	NP
Shopping center	NP	NP	NP	CUP	CUP	CUP	NP	NP	CUP
Warehouse retail	CUP	CUP	NP	NP	NP	CUP	CUP	NP	CUP	16.52.160
E. RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Bar/tavern/night club	CUP	CUP	CUP	CUP	CUP	CUP	CUP	NP	CUP
Club, lodge, private meeting hall	NP	MUP	MUP	CUP	MUP/PED	MUP	MUP	CUP	NP
Commercial recreation or sports facility - Indoor	CUP	MUP	CUP	CUP	CUP	CUP	MUP	NP	CUP/PED
Commercial recreation or sports facility - Outdoor	CUP	CUP	NP	CUP	NP	CUP	CUP	NP	NP
Community center	NP	CUP	CUP	CUP	CUP	CUP	CUP	CUP	NP
Conference/convention facility	NP	CUP	CUP	NP	CUP	CUP	CUP	CUP	CUP
Equestrian facility	CUP	CUP	NP	NP	NP	NP	CUP	NP	NP
Fitness/health facility	NP	CUP	CUP	CUP	MUP	MUP	CUP	CUP	CUP
Library, museum	NP	CUP	MUP	MUP	MUP	MUP	MUP	MUP	NP
Park, playground	NP	CUP	CUP	CUP	CUP	CUP	CUP	CUP	NP
Religious facility	NP	CUP	CUP/PED	CUP	CUP/PED	CUP	CUP	CUP	NP
School - Elementary, middle, secondary	NP	NP	NP	CUP	NP	NP	NP	CUP	NP
School - Specialized education/training	MUP	MUP	CUP/PED	CUP	CUP/PED	CUP	MUP	CUP	NP
Studio - art, dance martial arts, music, etc.	NP	MUP	MUP	MUP	MUP	MUP	MUP	MUP	MUP/PED
Theater, auditorium	NP	NP	CUP	CUP	CUP	CUP	NP	CUP	CUP
F. RESIDENTIAL USES
Assisted Living	NP	NP	CUP	CUP	CUP/PED	CUP/ PED	NP	CUP	NP
Home occupation	NP	MUP	P	P	P	P	MUP	P	NP	16.16.090
Multi-family housing not located within a mixed use project	NP	NP	NP	CUP	CUP/PED	CUP/ PED	CUP (on lots >20,000 square feet	CUP (on lots >20,000 square feet)	NP	Minimum density (75% of total density allowed by district) required by Housing Element is not required on lots fronting E. Grand Ave., E. Branch Street or in HMU or IMU districts.
Multi-family housing in a mixed use project	NP	NP	MUP/PED	MUP	CUP/PED	CUP/ PED	CUP	CUP	NP	Minimum density (75% of total density allowed by district) required by Housing Element is not required on lots fronting E. Grand Ave., E. Branch Street or in HMU or IMU districts.
Residential care facility, 6 or less clients	NP	NP	MUP/PED	MUP	MUP/PED	MUP	NP	MUP	NP
Residential care facility, 7 or more clients	NP	NP	CUP/PED	CUP	CUP/PED	CUP/ PED	NP	CUP	NP
Single family residential within a mixed use project	NP	NP	NP	MUP	NP	NP	NP	NP	NP

1 Requirements of this section supercede corresponding requirements in the PD 1.1 district.

2 Requirements of this section supercede corresponding requirements in the PD 1.1 district and PD 1.2 district.

3 Drive-through retail only allowed within shopping centers with three or more major tenants.

4 Telecommunication facilities that are publicly visible are subject to a CUP.

5 The planning commission shall review applications for small cell telecommunication facilities that are proposed in the Village Core Downtown district and are publicly visible.

Special Use Regulation—VCD and VMU Mixed Use Districts.

Residential and Non-Residential Uses on Same Floor. Non-residential uses shall be permitted on the same floor as a residential use subject to the issuance of a conditional use permit, in accordance with Section 16.16.050, Conditional Use Permits, of this title.

Projects within the HCO district are subject to the design guidelines and standards for historic districts (as amended) and are subject to the design review and approval process established therein.

Location of Residential Uses. Residential uses shall be limited to floors above street level in the VCD district. Lobbies, entryways and other non-habitable space for residential uses shall be allowed on the street level. Exceptions may be granted for designated historic structures subject to the issuance of a conditional use permit, in accordance with Section 16.16.050, Conditional Use Permits, of the title. Prior to approving a conditional use permit for exceptions allowed in this section, all of the following findings must be made along with the general findings required for the approval of a conditional use permit:

The exception is reasonably necessary to maintain the historical integrity of the structure;

The project meets the intent of the design guidelines and standards for historic districts (as amended).

Use of Non-Residential Space. Non-residential spaces shall consist of uses that serve clients and patrons that visit the site. These spaces may not be exclusively used for storage for other businesses or used for adjacent residential purposes.

Location of Parking. Parking for residential and non-residential purposes shall be located behind buildings or to the side of buildings when parking behind buildings is not possible. Driveways shall not access Branch Street. Off-site parking may be allowed by CUP within two hundred (200) feet of the uses served, or by public parking provided for properties within the parking and business improvement district (PBID).

Residential Densities in Mixed-Use Zones.

This title limits the maximum residential density for each mixed-use zone; however, the density allowed for any residential project within the city may be varied through the appropriate discretionary review process, when discretionary review is provided for in this title. The community development director, planning commission and/or city council shall have the authority to reasonably condition any residential development subject to discretionary review to ensure proper transitions to and compatibility with adjacent developments, existing or proposed.

For the purposes of mixed use development, residential density is defined as follows:

Residential Dwelling Unit Type	Density Equivalent
Live/Work Unit	.5
Studio	.5
1-bedroom	.75
2-bedroom	1
3-bedroom	1.5
4-bedroom	2

(Ord. 594 § 16, 2007; Ord. 573 Exh. A (part), 2005; Ord. 570 Exh. A (part), 2005; Ord. 557 § 3, Exh. C (part), 2004: Ord. 552 § 3, Exh. B (part), 2003; Ord. 544 § 3, Exh. B (part), 2003)

(Ord. No. 612, § 2 Exh. A, 10-13-2009; Ord. No. 653, § 2, 6-25-2013; Ord. No. 663, § 7, 6-10-2014; Ord. No. 677, § 4, 4-13-2016; Ord. No. 685, § 3, 5-9-2017; Ord. No. 697, § 10, 10-23-2018)

                    
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