PROPOSED CODE CHANGES TO THE LAND USE AND DEVELOPMENT CODE

 

AND MUNICIPAL CODE (FILE #98-CAO4):

 

General Intent Section and District Characteristics

 

• The general intent section and the district characteristics for the City’s commercial and industrial districts are revised and expanded to reflect existing development and address current City goals and objectives.

 

Freeway Commercial District

 

• The uses and standards for the Freeway Commercial District are revised to encourage the location and concentration of major commercial uses in the Freeway

Commercial District.

 

A special standard is added to require all new commercial development and new tenant spaces in the Freeway Commercial District to be a minimum of 5,000 square feet or greater. The areas of related outdoor sales/seating/drive through facilities

shall be included in the calculation of the minimum 5,000 square feet.

 

• New office uses in the Freeway Commercial District will require a conditional use permit (CUP). Currently office uses are permitted by right.

 

• Most general merchandise/retail uses will be permitted in the Freeway Commercial District.

 

• All educational uses will be prohibited in the Freeway Commercial District except children’s instructional classes such as dance, karate, etc., which will require a CUP. Currently all educational uses are permitted with a CUP.

 

Business/Industrial Park District

 

• The Industrial District will be renamed the Business/Industrial Park District.

 

• The minimum lot size for the Business/Industrial Park District is increased from one 7— acre to two and one half acres.

 

• All residential uses, including senior and assisted living facilities, will be specifically prohibited in the Business/Industrial Park District.

 

• Indoor and outdoor recreational/amusement facilities will be permitted in the Business/Industrial Park District subject to a CUP.

 

• Some less desirable commercial/service uses that would not be compatible in the City’s commercial districts are specified as conditional uses in the Business/Industrial Park District (feed and tackle, guns and ammunition, hospitals, auto body and paint as primary use, truck and trailer rental, fortune telling, crematory, and lumber yard.)

Claremont Village

 

• Language is added to the LUDC to encourage preservation and permit the residential reuse of old homes within the Claremont Village District.

 

Commercial Use of Residential Structures

 

• Mixed residential/commercial use of existing residential structures, currently prohibited, will be permitted in commercial districts pursuant to the district development standards and subject to the approval of a CUP.

 

New Permitted Uses

 

• Several new uses currently •not addressed in the LUDC will be permitted as follows:

> Microbreweries in connection with a restaurant in Major Commercial, Highway Commercial, Freeway Commercial, and Claremont Village Districts subject to a CUP

> Manufacturing, distribution of alcoholic beverages including a microbrewety with no restaurant in the Business/Industrial Park District by right.

Check cashing/deferred deposit businesses only in the Highway Commercial and Freeway Commercial Districts subject to a CUP.

>Fortune telling only in the Business/Industrial Park District subject to a CUP.

 

> Pawnshops only in the Highwaytlaremont District subject to a CUP.

 

> Philanthropic, charitable and service organizations, and political campaign offices and headquarters in the Professional Commercial, Neighborhood Commercial, Limited Commercial, Major Commercial, Highway Commercial, Claremont Village Districts (non-retail space only) by right, and subject to a CUP in the Business/Industrial Park District.

 

~ Antique restoration in the Business/Industrial Park District by right.

 

> Automobile upholstery/car alarm and stereo installation in Highway Commercial and Freeway Commercial Districts by right, and the Business/Industrial Park District subject to a CUP.

 

> Catering services as a primary use in the Major Commercial, Highway Commercial, Claremont Village Districts (non-retail space only), and in the Freeway Commercial District subject to a CUP.

 

> Theatres and concert halls in Major Commercial, Highway Commercial, Freeway Commercial, and Claremont Village Districts.

 

> Public assembly/auditoriums/meeting rooms in Major Commercial, Highway Commercial, Freeway Commercial, and Business/Industrial Park Districts subject to a CUP.

 

> Indoor swap meets and concession malls in the Highway Commercial District only.

 

> Funeral parlors in the Professional Commercial and Highway Commercial Districts.

 

> Guns and ammunition in the Business/Industrial Park District subject to a CUP.

 

 

• The listing of uses permitted in all districts with a conditional use permit will be greatly reduced to include only government offices, public utility structures, and public parks. Deleted from the list of conditional uses permitted in all districts are cemeteries, churches, congregate and other medical care facilities, mineral extraction, educational uses, golf courses, mini-warehouse facilities, and kennels. These deleted uses will still be conditional uses but only in specific districts.

 

• Several uses that are currently permitted by right in most districts will now require a conditional use permit and be limited to specific districts. These include the following:

 

Cigar/cigarette/smoke shops in the Limited Commercial, Major Commercial, Highway Commercial, Freeway Commercial, and Claremont Village Districts subject to a CUP.

 

> Convenience stores in Neighborhood Commercial, Limited Commercial, Major Commercial, Highway Commercial, Freeway Commercial, and Claremont Village Districts subject to a CUP.

 

> Discount variety, volume liquidation/seconds/cut-rate, Army surplus and thrift stores in Highway Commercial District subject to a CUP.

 

> Massage uses (as primary uses) only in Professional Commercial, Major Commercial, Highway Commercial and Claremont Village Districts subject to a

CUP.

 

Assisted Living, Congregate Care and Senior Housing

 

• All residential uses including senior and assisted living facilities will be specifically prohibited in the Business/Industrial Park District and in all commercial districts except the Professional Commercial District where they are subject to a CUP. Currently, senior and assisted living facilities are permitted in most commercial districts with a CUP.

 

Gas/Service Stations

 

• Development standards and locational criteria are revised for service stations and motor vehicle service related uses. Gas stations are currently permitted with a conditional use permit in all commercial and industrial districts at the intersection of two major streets. With the code changes, gas stations will be limited to only the Highway Commercial, Freeway Commercial and Business/Industrial Park Districts and need only be located within a shopping center where the center is adjacent to two major streets.

 

 

Mini Storage/Warehouse Facilities

 

• The standards for these facilities will remain for the most part unchanged, but such will be limited to Professional Commercial and the Business/Industrial Park Districts with a CUP. Currently, these types of facilities are permitted with a CUP in almost all of the commercial districts.

 

Churches

 

• Churches and religious facilities will be restricted to Professional Commercial District and subject to a CUP. permitted in most districts with a CUP.

residential districts and Currently churches are

 

 

Educational/Instructional/Day Care Uses

 

• These types of uses will be permitted as follows:

> Nursery, pre-school, children and ~adult day care in Professional Commercial, Neighborhood Commercial, and Claremont Village Districts (non-retail space only) subject to a CUP.

> Children’s tutorial in Professional Commercial, Neighborhood Commercial, Limited Commercial, Major Commercial, Highway Commercial, Claremont Village Districts (non-retail space only), and Business/Industrial Park Districts subject to a CUP.

~ Music, art, dance, gymnastics, martial arts instruction in Neighborhood Commercial, Limited Commercial, Major Commercial, and Highway Commercial Districts by right, and in Professional Commercial, Freeway Commercial, Claremont Village (non-retail space only) and Business/Industrial Park Districts subject to a CUP.

> Colleges and private schools in Highway Commercial and Business/Industrial Park Districts subject to a CUP.

~ Vocational classes in Professional Commercial, Major Commercial, Highway Commercial, Claremont Village (non-retail space only) and Business/Industrial Park Districts subject to a CUP.

 

Currently, educational uses are permitted in all districts with a CUP.

 

Billiard Rooms and Poolrooms

 

• The current Municipal Code requirement requiring City Council approval of billiard rooms and poolrooms is eliminated. These uses will now require a conditional use permit.

• Mixed-use development is added as a conditional use in all commercial districts except in the Freeway Commercial and Business/Industrial Park Districts. Such development would be required to have a large commercial component on the first floor. In the Commercial Freeway and Business/Industrial Park Districts, such mixed-use developments would not be permitted. In the existing code, mixed-use developments are prohibited throughout the City.

 

Finding of Similar Use

 

• A new use that is not specifically addressed in the code will be subject to a new review process. An application is required to be submitted to the director, and the director makes a determination as to whether it is permitted based on similar uses. The new provisions will also require that the City keep a list of decisions for future reference.

 

Environmental Protective Standards

 

• Language is added to exempt City sponsored or approved activities at public 1~ facilities and private school/college grounds from noise restrictions from 7 a.m. to

10 p.m.

 

Business Permits

 

• Changes will be made to the provisions regarding business permits and appeals to make these processes similar to those for land regulation decisions and massage permits.

 

Concurrent General Plan Amendment and Zone Change (Files #99-GPAO2 and #99-ZOl

 

• A General Plan amendment and zone change are proposed for two properties located north of the 10 Freeway, at 250 and 450-456 W. San Jose Avenue. It is proposed that the properties’ General Plan designation be changed from Commercial to Office/Professional, and zoning be changed from Freeway Commercial to Office Professional. The proposed designations are consistent with the current office uses of the properties—a dental office building west of Howard Johnson and the Kaiser Foundation building east of the Travelodge.