107-F. General Commercial Zoning Ordinance.pdfAttachment 5
CHAPTER 19.56: GENERAL- COMMERCIAL (CG) ZONES*
Section
19.56.010
Purpose.
19.56.020
Applicability of regulation.
19.56.030
Permitted uses.
19.56.040
Conditional uses.
19.56.050
Excluded uses.
19.56.060
Conditional use permit for new
development.
19.56.070
Land use activity and site
development regulations.
19.56.080
Interpretation by the Planning
Director.
* Prior history: amended during 4194
supplement and by Ords. 1601, 1619, 1630 and
1637.
19.56.010 Purpose.
The purpose of the general commercial zoning district
is to establish regulations for retailing, offices and service
establishment offering goods and services to the general
public which will assure maximum compatibility with
surrounding residentialareas as well as minimize adverse
traffic impacts resulting from commercial development.
(Ord. 1687, Exh. A (part), 1995)
19.56.020 Appllcabifity of Regulation.
No building, structure, or land shall be used, and no
building or structure shall be erected, structurally altered,
or enlarged in a CG zone, otherwise than in conformance
with the provisions of this chapter and other applicable
provisions of this title. (Ord. 1687, Exh. A (part), 1995)
19.56.030 Permitted Uses. --
The following uses shall be permitted in a general
commercial (CG) zoning district subject to the performance
standards contained in Section 19.56.070..
A. Retail businesses, such as, but not limited to,
food stores. (excluding convenience markets), drugstores,
apparel shops, variety stores and hardware stores;
B. Full service restaurants (without separate bar
facilities" where all public entrances face away from
residential zoning districts and where the required customer
parking is located within close proximity of the entrance and
19.56.010
is more than one hundred feet from any residential district;
C. Professional, general, administrative, business
offices, business services, such as advertising bureaus.
creditreporting, accounting and similar consulting agencies,
stenographic services, and communication equipment
buildings, except that such uses shall not comprise more
than twenty-five percent of the building space in a shopping
center;
D. Banks, financial .institutions, insurance and real
estate agencies, travel agencies, photography, and similar
studios which directly serve the public;
F. Laundry facilities, including self service and full
service operations; and retail dry cleaning establishments,
provided that the solvents used in the cleaning process shall
not be used or stored in any manner not approved by the
State Fire Marshal and provided the establishment received
approval from the Bay Area Air Quality Management
District. Dry cleaning is limited to items directly delivered
to the establishment by retail customers;
G. Private clubs, lodges, or fraternal organizations
as subordinate uses in buildings intended primarily for other
permitted uses provided for in this section;
- H. Limited repair services,such as jewelry,
household appliance, typewriter and business machine repair
shops;
I. Personal service establishments such as
barbershops, beauty parlors, massage establishments, shoe
repair shops, and tailor shops;
J. Accessory facilities and. uses customarily
incidental to permitted uses;
K. A maximum of four video game machines,
provided these machines are incidental to the main activity
of the business;
L. Specialty food . stores which cumulatively
comprise less than fifty percent of the retail space of a
single building or shopping center;
M. Pet shop and pet services facilities (buildings)
which are located in a sound -proof structure and are in
compliance with Santa Clara County Health Department
regulations;
N. Child day care facilities located within an
established business serving that business only and which do
not generate additional traffic from that produced by the
business itself;
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19.56.030 Cupertino - Zoning 74
O. Vocational and specialized schools, dance and
music studios, gymnasiums and health clubs which
cumulatively comprise less than fifty percent of the space in
a shopping center, provide adequate parking as determined
by Chapter 19.100 and meet noise requirements as
determined by Chapter 10.48;
P. Other uses which, in the opinion of the Director
of Community Development, are similar to the above
permitted uses, and which do not create significant adverse
impacts to the surrounding area due to odor, dust, smoke,
glare, fumes, radiation, vibrations, noise, traffic or litter.
(Ord. 1815, (part), 1999; Ord. 1687, Exh. A (part), 1995)
19.56.040 Conditional Uses.
The following uses may be conditionally allowed in the
CG zoning district, subject to issuance of a conditional use
permit:
A. Issued by the Director of Community
Development:
1. Specialty food stores which cumulatively occupy
more than fifty percent of the building floor space in a
single building or shopping center;
2. Vocational and specialized schools, dance and
music studios, gymnasiums and health clubs which
cumulatively comprise more than fifty percent of the space
is a shopping center, provide adequate parking as
determined by Chapter 19.100 and meet noise requirements
as determined by Chapter 10.48;
3. Retail/service kiosks located in an unenclosed
space visible from public streets or other publicly owned
space, where adequate parking is provided as determined by
Chapter 19.100, which do not result in traffic or circulation
impacts, have attractive designs and landscaping, and are
compatible with the surrounding architecture.
B. Issued by the Planning Commission:
I. Automobile repair shops and tire repair shops;
2. Commercial parking and parking garages;
3. Convenience markets;
4. Hotels, motels. and boardinghouses;
5. Liquor stores;
6. Drinking establishments;
7. Full -service restaurants with separate bar
facilities; fast-food restaurants, and any entertainment
facilities (e.g., dancing, live music) in association with full -
service or fast-food restaurant;
8. Commercial entertainment establishments, such
as indoor theaters, bowling alleys, billiard and pool parlors,
dance halls, skating rinks, and arcades;
9. Private clubs, lodges and fraternal organizations,
as principle uses buildings; fraternity and sorority houses;
10. Child care centers, day nurseries; and
playgrounds;
11. Pet shops and facilities for bathing, clipping.
trimming and similar services for pets, when not located in
a soundproof space;
12. Mortuaries;
13. Theaters;
14. Automobile service stations, automobile washing
facilities;
15. Automobile, trailer, tire and boat sales and
rental, limited to new and used vehicles W operable
condition;
16. Any commercial establishments with drive -
through facilities;
17. Late evening activities which occur between
eleven p.m. through seven a.m.
18. Business activities which display merchandise or
provide services, in an unenclosed space visible from a
public street or adjoining residential property, except
activities which display merchandise as provided by Section
19.56.070(1)(d).
19. Business activities, which incorporate contracting
services for which a contracting license issued by the State
of California, are required.
20. Other commercial uses which are neither
permitted uses nor excluded uses and which are, in the
opinion of the Planning Commission, consistent with the
character of a general commercial (CG) zone of the same
general character listed in this section, and which do not
create significant adverse impacts to the surrounding area
due to odor, dust, fumes, glare, radiation, vibration, noise,
traffic or litter. (Ord. 1815, (part), 1999; Ord. 1784,
(part), 1998; Ord. 1687, Exh. A (part), 1995)
19.56.050 Excluded Uses.
The following uses shall not be permitted in general
commercial (CG) zones:
A. Businesses where the primary activity is related
to the on -site manufacturing, assembly or storage of
building components intended for use by general contractors
or wholesalers;
B. Wholesale lumberyards, warehouses, storage
garages, nurseries, greenhouses and other wholesale
businesses, except computer hardware and software and
communications businesses for which the city may generate
sales tax revenue where the primary activity is to conduct
sales and services to other businesses rather than to direct
retail customers;
C. Other uses which, in the opinion of the Planning
Commission, are objectionable by reason of odor, dust,
smoke, glare, fumes, radiation, vibration, noise, traffic or
litter shall be excluded. (Ord. 1687, Exh. A (part), 1995)
19.56.060 Conditional Use Permit for New
Development.
A. Prior to- the erection of a new building or
structure in a CG zoning district, or prior to the
enlargement or modification of an existing building,
75 General Commercial (CG) Zones
structure, or site (including landscaping and lighting) in a
CG zoning district, the applicant for a building permit must
obtain a use permit from the Planning Commission unless
the building square footage is. five thousand. square -feet or
greater, in which case the conditional use permit may only
be issued by the City Council upon recommendation of the
Planning Commission.
B. Minor architectural modifications including
changes in materials and colors shall be reviewed by the
Director of Community Development as specified in
Chapter 19.132 or 2.90 of this code. If an application is
diverted to the Design Review Committee or the Planning
Commission, the application shall be agendszed for a Design
Review Committee or Planning Commission meeting as an
architectural and site application. (Ord. 1844, § 1 (part),
2000; Ord. 1794, (part), 1998; Ord. 1687, Exh. A (part),
1995)
19.56.070 Land Use Activity and Site Development
Regulations.
A. Land Use Criteria. Unless otherwise provided by
a conditional use permit, the following regulations shall
apply to all users governed by this chapter.
1. The activity must be conducted entirely within a
building or enclosed patio or atrium except for:
a. Vehicular parking .including the parking of
business related vehicles that comply with the sign, off-
street parking and noise regulations;
b. Outdoor seating for restaurants as long as the
number of seats do not exceed twenty percent of the number
of authorized indoor seats and is otherwise compatible with
Chapter 19.100 of this code;
c. Special promotional events undertaken by
permitted businesses;
d. The display of merchandise in front of stores
containing a minimum of twenty thousand square feet of
floor area. Tice merchandise must be displayed under a roof
overhang or canopy and must be displayed in an organized,
neat and safe fashion;
e. incidental activities directly related to the
permitted business. The incidental activity must comply
with noise standards, all other applicable health and safety
regulations and must use equipment which, when not in use,
is stored in an approved enclosed space.
2. The activity must -comply with the City noise
standards, including pick-up and delivery times. Some
activities are permitted when located in a sound-proofspace.
A sound -proof space is an enclosed area which is designed
to prevent internally generated noise from being audible
from a receptor located outside of the- structure.- An
acoustical engineer shall certify the design and operating
conditions of a sound -proof space.
3. The activity must involve direct retailing of goods
or services to the general public. The retailing and
19.S6.060
servicing activity must comprise at least fifty percent of the
floor space, including enclosed patio and atrium space, and
must represent the primary emphasis of the business.
Window displays shall reflect the retail emphasis.
4. Certain activities which require a hazardous
material plan are permitted subject to permitting or licensing
by an authorized public agency charged with the
responsibility to protect the public health and welfare
regarding the involved hazardous material. Examples:
swimming pool and spa supply, photo finishing, dental
office.
5. The activity complies.with applicable off-street
parking standards including shared parking arrangements
specified in the off-street parking ordinance.
B. Lot Area and Coverage. Except as may be
provided in the General Plan or applicable specific plan, no
minimum lot area or coverage is required; provided,
however, that any'lot in a CG zoning district shall have
sufficient area to satisfy off-street parking and loading
requirements contained in this title and shall otherwise
comply with any setback regulations of this chapter or the
General Plan.
C: Height of Buildings and Structures. Except as
otherwise provided by the General Plan or applicable
specific plan, the maximum height of a building/structure in
a CG zoning district is thirty feet.
D. Required Setbacks for Buildings and Enclosed
Patio/Atrium Space.
1. Front yard. Front -yard setbacks for each site or
lot in CG zone may be established by the City Council upon
recommendation of the Planning Commission based upon
special policies contained in the General Plan and/or
applicable specific plan and to insure sufficient space to
provide adequate light, air and visibility at intersections; to
assure general conformity to yard requirements of adjacent
or nearby zones, lots or parcels; and to promote excellence
of development.
2. Side and Rear Yard. Unless regulated by a
specific plan, no side or rear yard setback shall be required
in a CG zoning district, except where a lot in a CG zone
abuts any residential or agricultural -residential zone in
which case the following regulations apply:
a. No part of any building in a CG zoning district
shall be closer to a lot in a residential or agricultural -
residential zone than the height of that particular part of the
building.
b. The side yard adjacent to a lot in a residential or
agricultural -residential zone shall be a minimum of twelve
feet.
c. The side yard adjacent to a street shall be a
minimum of twelve feet.
d. The rear yard adjacent to a lot in a residential or
agricultural -residential zone shall be a minimum of twenty
feet or a distance equal to one and one-half feet of
19.56.070
Cupertino - Zoning
horizontal setback distance for each foot of height of a
commercial building measured from its cave line or top of
parapet. The greater distance shall prevail. E. Noise Standards.
1. New Construction. The construction of new
buildings on property adjoining a residential district which
is not included in a joint development plan shall install the
noise attenuation devices described in paragraphs a through
d of this subdivision. The construction of retail structures
in a mixed use residential development shall employ noise
attenuation techniques recommended by an acoustical
engineer to comply with the community noise ordinance.
a. Exterior walls shall be designed to attenuate all
noise emanating from interior retail space.
b. Locate load' docks and doors away from
residential districts. Required fire doors are excluded.
c. Air conditioning. exhaust fans, and other
mechanical equipment shall be acoustically isolated to
comply with the noise ordinance.
d. A minimum eight -foot -high masonry sound wall
shall be installed on or adjacent to the common property line
between a retail and residential property. Wall height is
measured from the property with the highest finish grade.
An acoustical engineer shall certify that the above
sound attenuation measures comply with the intent of the
regulation and the City's community noise ordinance.
2. Sound attenuation for activities regulatedby use
permit.
All activities described in Section 19.56.040
(conditional uses) that have a high probability of generating
noise which may transmit into adjoining residential
properties shall comply with the noise attenuation
requirement listed in subsection El of this section.
F. Lighting. New lighting fixtures for any new site
construction or building improvements shall meet the
following requirements;
I. All exterior Iighting shall be a white type light
either metal halide or a comparable color corrected light
unless otherwise approved as part -of a development plan.
2. The light fixtures shall be oriented and designed
to preclude any light and direct glare to adjacent residential
properties. No direct off -site glare from a light source shall
be visible above three feet at a public right-of-way.
3. Parking lots, sidewalks and other areas accessible
to pedestrians and automobiles shall be illuminated with a
uniform and adequate intensity. Typical standards to
achieve uniform and adequate intensity are:
a. The average horizontal maintained illumination
should be between one slid three foot-candles; and
b. The average maximum to minimum ratio should
be generally between six and ten to one.
4. Critical areas such as stairways, ramps and main
walkways may have a higher illumination.
5. Lighting around automatic teller machines shall
76
meet minimum standards required by the State Business and
Professions Code.
G. Landscaping. The application for use permit to
construct a building in a general commercial zone shall be
accomplished by a concept landscaping plan which provides
an effective year-round landscaping screen in the setback
area adjoining a residential property. The intent of the plan
is to screen the building from the rear yard of a residence.
The affected residents will be given notice of hearings and
may give testimony advocating an increase in planting to
provide more screening or reduction in landscape material
to preserve views and/or permit more sun to enter their
property. The intent of the plamms requirement is to
provide screening within five years. (Ord. 1794, (part),
1998; Ord. 1697, Exh. A (part), 1995)
19.56.080 Interpretation by the Planning Director.
A. The Director of Community Development shall
be empowered to make reasonable interpretations of the
regulations and provisions of this chapter consistent with the
legislative intent thereof. If the Applicant is aggrieved by
an interpretation of _ the chapter by the Director of
Community Development, said applicant may petition the
Planning Commission in writing for review of the
interpretation.
B. Owners of property immediately adjoining the
affected property shall be notified of a Planning
Commission review of a Director of Community
Development's interpretation. (Ord. 1687, Exh. A (part),
1995)