Chapter 16.063 — CVO CLAREMONT VILLAGE OVERLAY DISTRICT

The CVO Claremont Village Overlay District is intended to preserve the economic stability and health of the retail commercial core of the CV Claremont Village District. Standards established for this overlay district support retail uses that supplement the underlying CV Claremont Village District. It is important to maintain the pedestrian nature of the CVO Claremont Village Overlay District by encouraging retail uses that attract passersby or frequent customer visits, to locate in first floor commercial spaces that have display windows facing a public sidewalk. The regulations of this chapter are intended to promote retail uses in order to maintain the vitality of the heart of the City and are based on the goals of the General Plan.

This chapter shall apply to all land in the CVO Claremont Village Overlay District. Any and every building, premises, and land in the CVO Claremont Village Overlay District shall be used or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the CVO Claremont Village Overlay District only in accordance with all applicable sections of this chapter and regulations of this title. (08-06)

• A. Ground Floor Commercial Spaces With Display Window Facing Sidewalk

The only uses permitted on the ground floor of commercial spaces that have a display window facing a public sidewalk are those uses listed as permitted in Table 16.051.A in the column beneath the heading "CVO w/display window."

• B. Commercial Spaces Without Ground Floor Display Window Facing Sidewalk

In commercial spaces that are not located on the ground floor and/or ground floor lease spaces that do not have a display window facing a public sidewalk, the permitted uses are those listed in Table 16.051.A in the column beneath the heading "CV/CVO."

• C. Modifications to Existing First Floor Commercial Spaces

No single existing first floor commercial space having a display window facing the public sidewalk shall be modified so as to create one or more separate commercial spaces that will not have display windows facing the public sidewalk, except if at least 50 percent of the first floor depth of the building in which the commercial space is located remains part of the commercial space having the display window.

• D. Ancillary Uses

No ancillary use may occupy any portion of a first floor commercial space having a display window, except if all of the following requirements are met:

1. The ancillary use is secondary and related to an established permitted use in the CVO District; and

2. The ancillary use is a use listed as permitted in Table 16.051.A in the column beneath the heading "CV/CVO"; and

3. The primary use in the commercial space occupies at least 60 percent of the total floor area of the commercial space; and

4. The primary use is located in that portion of the commercial space that is next to the display window.

In Table 16.051.A, where the letter "P" is shown, the listed use is permitted. Where the letters "CUP" are shown, the listed use requires approval of a conditional use permit, pursuant to Chapter 16.303 . Where the letters "SUDP" are shown, the listed use requires approval of a special use and development permit, pursuant to Chapter 16.306 . Where the symbol "< >" is shown, the listed use is prohibited. In the event a use is not listed or there is difficulty in categorizing a use as one of the uses listed in Table 16.051.A, the use shall be prohibited unless the Director of Community Development approves a Finding of Similar Use pursuant to Chapter 16.339 .

(08-06)

• A. The following uses that existed as of February 22, 2008 and which were initiated pursuant to the ordinances and regulations in effect at the time of their initiation shall be considered legal, conforming uses not subject to the provisions of Chapter 16.400 entitled Nonconformities, provided the uses remain at their same location and there is no expansion of square footage of such uses. If such uses are destroyed by fire or earthquake or other natural catastrophe, such uses may be reestablished at their same locations, provided the size and footprint of any replacement structures are the same as the destroyed structures they are replacing.

  1. Personal care service uses including barbers, hair/nail/skin care/tanning salons and day spas.

  2. Office uses that are not currently listed as permitted, conditional, or special uses in the CVO Claremont Village Overlay District pursuant to Table 16.051.A.

  3. Other uses that are not currently listed as permitted, conditional, or special uses in the CVO Claremont Village Overlay District pursuant to Table 16.051.A.

• B. If any existing use in the CVO Claremont Village Overlay District is discontinued for a period of 90 days of more, the use shall not be re-established except if such use is currently listed as a permitted, conditional, or special use in the CVO Claremont Village Overlay District pursuant to Table 16.051.A. For the purposes of this section, discontinuation of a use shall not include periods during which the business may be closed due to (1) interior remodeling or (2) rebuilding due to natural catastrophe, where such remodeling or rebuilding is evidenced by an active building permit.

• (08-06)

The development standards applicable to the CV, Claremont Village District, Chapter 16.060 , Section 16.060.020 , shall apply to all land and structures in the CVO Claremont Village Overlay District. (08-06)