Article 18.5 — MEDICAL USE OVERLAY ZONE (C-PD-M)

There is hereby created and established in the City an overlay zone, designated as the Medical Use Overlay Zone (CPD-M). (Ord. 11-O-2602, eff. 2-11-2011)

The City Council finds and determines that it is necessary to restrict further intensification of medical uses in the City in order to limit commercial intrusion into residential areas, prevent adverse traffic and parking impacts, maintain and promote the character and image of the City, foster economic vitality and encourage pedestrian activity in retail areas. The Medical Use Overlay Zone establishes a process to allow limited expansion of medical uses at appropriate locations in the City and in a manner that is consistent with the underlying zoning district and the elements of the general plan. These regulations impose additional requirements to ensure that a medical use shall not be incompatible with uses permitted in adjacent areas and will not result in negative long term impacts to the City. (Ord. 11-O-2602, eff. 2-11-2011)

The C-PD-M Overlay Zone may be applied only to property located in one or more of the following Commercial Zones: C-3, C-3T-1, C-3T-2, C-3T-3, C-R-PD, C-R, C-3A and C-3B. (Ord. 11-O-2602, eff. 2-11-2011)

Except as otherwise specifically provided in this article regarding medical uses, development in a C-PD-M Zone shall comply with the zoning regulations applicable to the underlying zone. (Ord. 11-O-2602, eff. 2-11-2011)

For the purposes of this article, the following words shall have the following meanings: DEVELOPMENT: For the purposes of this article, "develop" shall include the conversion of any existing general office or other commercial space to a medical use, the enlargement of any existing building where the enlargement would be occupied in part or in whole by a medical use, as well as the new construction or erection of a building proposed to be occupied in part or in whole by a medical use.

PLANNED DEVELOPMENT: A development that is approved pursuant to the procedures of article 18.4 of this chapter. (Ord. 11-O-2602, eff. 2-11-2011)

Permitted uses of properties in a Medical Use Overlay Zone shall include medical uses, in addition to any other uses permitted or conditionally permitted in the underlying zone. When medical uses are developed as permitted by this article, the regulations of this article shall govern whenever such regulations are different than other regulations set forth in this chapter. No lot, premises, building or portion thereof in the C-PD-M Zone shall be used for any purpose except those approved by the Planning Commission as part of a planned development pursuant to article 18.4 of this chapter.

Notwithstanding this section and any other provision in this article, a cosmetic spa permitted pursuant to section 10-31620.2 of this chapter is not subject to the regulations of this article. (Ord. 11-O-2602, eff. 2-11-2011; amd. Ord. 19O-2786, 8-16-2019)

The objectives of the C-PD-M Zone shall be as follows:

A. Medical uses in the particular location are consistent with the elements of the City's general plan and purpose and intent of this article.

B. The proposed development and medical use:

1. Will not result in detrimental impacts to existing or anticipated residential or commercial development in the vicinity of the project with regard to density, height, scale and massing of the streetscape, garden quality of the City, or any combination thereof; unless the reviewing authority finds the development benefits outweigh the detrimental impacts;

2. Will promote harmonious development in the area; and

3. Will not adversely interfere with the use and enjoyment of residential properties in the vicinity of the proposed development.

C. The proposed development and medical use will not result in detrimental impacts to existing or anticipated residential or commercial development in the vicinity of the project with regard to traffic levels, traffic safety, pedestrian-vehicle conflicts, pedestrian safety hazards, parking demand, parking design, loading or manner of operation, unless the reviewing authority finds the development benefits outweigh the detrimental impacts. The development shall provide parking that is designed for ease of use and efficiency, with vehicle ingress and egress and patient drop off and pick up locations that would not adversely impact adjacent properties.

D. The proposed development and medical use will contribute to and enhance the character of the neighborhood and location, will contribute positively to the image of the city, shall not undermine efforts to maintain and foster an appropriate mix of uses in the city including a pedestrian friendly environment in the vicinity of the development.

E. The proposed development and medical use contribute to and enhance the city's economic base and granting the request will leave ample space available for future commercial growth including business headquarters, entertainment businesses, information/technology businesses, retail businesses and other businesses as determined by the city.

F. A public benefit shall be offered to the city and the public benefit shall, at a minimum, offset any long term impacts to the city that result from allowing a medical use in the city's limited commercial areas. (Ord. 11-O-2602, eff. 2-11-2011)

The following restrictions shall apply to any development to which the medical use overlay zone is applied:

• A. All restrictions applicable to the zone or underlying zone;

B. Medical uses shall not be permitted on the ground floor of any building in the pedestrian oriented zone unless the city council finds, based on substantial evidence, that the proposed location is not pedestrian oriented and is unlikely to become pedestrian oriented in the future; and

C. Free parking shall be provided for patrons and employees of medical uses in the development and parking shall be provided that complies with all applicable parking requirements in this chapter. (Ord. 11-O-2602, eff. 2-11-2011)

A. The procedure for applying the C-PD-M zone to any property in the city shall be the same as described in article 39 of this chapter for a zoning amendment.

B. The planning commission shall make a recommendation to the city council to approve, deny or conditionally approve an application for a planned development. In making a recommendation to grant a planned development approval, the planning commission shall recommend such conditions on the approval that are reasonable and necessary to protect the health, safety and general welfare and to offset any potential adverse impacts resulting from the medical uses.

C. An application for a zoning amendment to apply the C-PD-M zone to a property in the city shall be processed concurrently with an application for a planned development for a project with medical uses proposed on the same property. (Ord. 11-O-2602, eff. 2-11-2011)