Chapter 18.44 — C-P-D COMMERCIAL-PROFESSIONAL MIXED DEVELOPMENT ZONE

• A. Purpose. The C-P-D commercial-professional mixed development zone is intended to accommodate and to facilitate the development of commercial uses, retail and/or office centers, and multiple-family residential uses, either singularly or as mixed uses, and to encourage innovative design that is sensitive to surrounding neighborhoods.

• B. Intent. This chapter is intended to apply to all land zoned C-P-D. Any and every building and premises or land in the C-P-D zones shall be used for or occupied and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the C-P-D zones exclusively and only in accordance with all applicable chapters of this title and with the regulations of this chapter.

• (Ord. 909 § 3, 1997)

Any and every permitted use in the C-P-D zone, excepting those incidental outdoor uses specified below, shall be conducted wholly within a fully enclosed building. The following uses are permitted in C-P-D zones, provided a precise plan is first approved by the city according to the provisions of Chapter 18.16 of this title:

1. Apparel shop (new);

2. Appliance store (new);

3. Art and artist supply;

4. Art gallery;

5. Bank and other financial institution;

6. Bakery (retail);

7. Barbershop or beauty shop;

8. Bird or pet shop;

9. Book and/or stationery store;

10. Business machine and computer store;

11. Camera and photographic shop and studio;

12. Candy store and confectioner;

13. China and glassware store;

14. Department store;

15. Drug store;

16. Electronic stereo and video component sales and repair;

17. Farmers or produce market with outdoor sales if incidental to indoor sales. Outdoor sales shall be conducted in arcades, courtyards or atriums and shall be designed and operated in accordance with county health regulations;

18. Furniture store (new);

19. Gift shop;

20. Hardware store;

21. Hobby shop and toy store;

22. Interior decorating shop;

23. Jewelry store;

24. Leather goods and luggage stores;

25. Medical or dental laboratories;

26. Messenger service;

27. Music instrument store;

28. Notions store;

29. Offices, business or professional;

30. Optical and optometrical shop;

31. Photocopy shop;

32. Real estate office;

33. Record, tape and software store;

34. Restaurant and cafe enclosed and with outdoor seating and food service if incidental to an enclosed use (sale of alcoholic beverages or operation as a late night business subject to approval of a conditional use permit as set forth in Chapters 18.80 , 18.100 and 18.108 of this title);

35. Shoe store;

36. Secretarial service;

37. Sporting goods;

38. Travel agencies; 39. Professional office/retail mixed use center;

39. Low barrier navigation centers that meet the requirements of Section 18.86.120 ;

40. Supportive housing that meets the requirements of Section 18.86.110 ;

41. Other retail and office uses similar to and compatible with the uses listed in this section and subject to a classification of use procedure as set forth in Section 18.44.035 .

• (Ord. 909 § 3, 1997; Ord. 1071 § 5, 2016; Ord. 25-1129, 2/18/2025)

The following uses may be permitted in the C-P-D zones subject to the issuance of a conditional use permit in each case and in accordance with the procedures in this title:

• A. Gasoline service station, when such facility is constructed as an integral part of a shopping center complex, only after construction of the shopping center has commenced and only in accordance with the applicable development standards of Sections 18.44.040 through 18.44.120 of this chapter, and the following:

  1. Any such gasoline service facility shall have its primary orientation upon the shopping center and pump islands shall not front upon any street;

  2. No vehicular access openings to such a facility will be permitted within one hundred thirty feet (39.624 meters) from the beginning curb return (B.C.R.) or the end curb return (E.C.R.);

• B. Drive-in or drive-through business including but not limited to dairies, fast food restaurants, and drive-through tellers;

• C. Privately owned or operated commercial-recreational facilities, including, but not limited to, the following: driving ranges, miniature golf courses, arcades, roller and ice skating rinks, sports and fitness clubs, and tennis and racquet ball clubs;

• D. Commercial businesses and operations which utilize an open or uncovered area as a substantial (twenty-five percent or more) portion of a retail business operation. Such uses include: nursery and plant sales, eating establishments, patio supply stores, and such other similar uses as the planning commission may deem to be related to retail business operations;

• E. Amusement devices and amusement arcades, subject to compliance with the provisions of Chapter 18.84 and all other provisions of this title;

• F. On-site and off-site sale of alcoholic beverages as regulated by Chapter 18.80 of this title;

• G. Late-night businesses, including, but not limited to, convenience stores and restaurants, when located within three hundred feet of a residential zone;

• H. Supermarket or convenience food sales;

• I. Private schools;

• J. Community facilities, including but not limited to child care, health care facilities, and congregate care facilities;

• K. Hotel, bed and breakfast, motel;

• L. Condominium and multifamily residential development with a density of six to ten units per acre, as provided in Chapter 18.36 of this title, and senior housing;

• M. A mixed use project wherein a building or structure contains two or more different but compatible uses, designed in an innovative and imaginative fashion, combining commercial and noncommercial uses. The noncommercial uses may include, but are not limited to, the following:

  1. Community facilities,

  2. Senior housing,

  3. Condominium or apartment housing with a density of six to twelve dwelling units per acre;

• N. Single-room occupancy (SRO) units, in accordance with requirements of Section 18.36.220 ;

• O. Smoking and vaping uses (per Chapter 18.90 ).

• (Ord. 909 § 3, 1997; Ord. 1040 § 3, 2013; Ord. 1071 § 6, 2016)

• A. When Applicable. Any proposed use not specifically listed in Sections 18.44.020 and 18.44.030 shall be determined acceptable or unacceptable in the C-P-D zone by means of a classification of use procedure in a public administration hearing.

• B. Procedure. The applicant shall submit a written application and pay the fee established in the city council fee resolution. Notice of the hearing shall be published and posted at least ten days before the hearing. The development review committee shall determine whether the proposed use is similar to and compatible with other permitted or conditional uses in the C-P-D district.

• C. Appeal. The development review committee decision may be appealed to the planning commission in writing, with the appropriate fee, at the office of the city clerk within ten calendar days.

• (Ord. 909 § 3, 1997)

To assure that all developments in the C-P-D zones are both functional and aesthetically pleasing, the property development standards provided in Sections 18.44.050 through 18.44.120 shall apply. Proposals for development in the C-P-D zone are subject to precise plan approval as set forth in Chapter 18.16 of this title.

(Ord. 909 § 3, 1997)

Where an existing lot or parcel of record has less width, depth or area than required by this section at the time of adoption of the ordinance codified in this title, and the lot or parcel is currently zoned or

subsequently rezoned to C-P-D, the lot or parcel may be occupied by any use permitted in the C-PD zone without regard to the requirements of this section. Nothing in this section, however, shall be construed so as to permit expansion or enlargement of an activity without first securing appropriate city approvals as required in this code.

• A. Width. Each lot or parcel of land in the C-P-D zone shall have a minimum width of two hundred fifty feet (76.2 meters).

• B. Depth. Each lot or parcel of land in the C-P-D zone shall have a minimum depth of three hundred feet (9.144 meters).

• C. Area. Each lot or parcel of land in the C-P-D zone shall have a minimum area of seventy-five thousand square feet (6967.728 square meters).

• (Ord. 909 § 3, 1997)

• A. Setbacks Generally. An open setback area extending the full width of the subject property shall be provided along those properties in the C-P-D zone. Building setbacks shall be measured perpendicularly from the property line. Architectural elements such as bay windows, chimneys, eaves, ground signs, garden walls no higher than thirty-six inches, balconies, and planters may project into the required setback area.

  1. Minimum Dimension. A ten-foot side yard setback area extending across the entire limit of the side yard is required.

  2. Wall. A six-foot (1.8288 meters) ornamental masonry wall is required along the entire side lot line adjacent to a residential zone or school except for access openings, and except for the following:

     • a. The portion of the wall that encroaches into the required front yard setback area shall be decreased to a height of thirty-six inches (91.44 centimeters), or

     • b. The wall shall be reduced otherwise as determined by the community development director or designee when it is found that a thirty-six-inch wall will not further the objectives of this chapter.

     • c. The subject masonry wall shall include provisions for recessed tree wells with the recessed portion toward the C-P-D property. The tree wells shall be spaced at no greater than twenty-foot intervals.

• B. Rear Setback.

  1. Dimension. A rear yard setback area extending across the entire width of the rear yard is required where such rear yard abuts any residential zone. The rear yard setback for buildings shall not be less than forty feet (12.192 meters) measured from the rear lot line and shall contain a landscaped buffer area not less than ten feet from the rear lot line.

  2. Wall. A six-foot (1.8288 meters) ornamental masonry wall is required along the entire rear lot line except at access ways, the wall to be constructed in conformance with the requirements of subsection A2 of this section.

• (Ord. 909 § 3, 1997)

The maximum building height in the C-P-D zone shall not exceed thirty-five feet (10.67 meters).

(Ord. 909 § 3, 1997)

Landscaping requirements shall comply with the city's adopted landscape guidelines and standards and the provisions of Chapter 18.76 , Parking and Loading Spaces, of this title. For the purposes of this chapter, the first ten feet of rear setbacks adjacent to residential zones shall be considered the landscaped setback area; parking and driveways may be permitted in the remaining thirty feet of setback.

(Ord. 909 § 3, 1997)

Refuse area is required and shall be provided by way of standard refuse receptacles furnished by the city's refuse contractor, and shall provide receptacles for recyclable materials as required by state law. Any such receptacles shall be enclosed by a six-foot (1.8288 meters) masonry wall, except at an entrance where a gate is required. Such refuse areas shall be located behind buildings and where any such refuse storage area is visible from any street or adjoining property the storage area must be screened by a solid masonry wall and landscaping techniques. (Ord. 909 § 3, 1997)

All developments in the C-P-D zone shall provide parking in accordance with the provisions of Chapter 18.76 of this title. (Ord. 909 § 3, 1997)

All developments in the C-P-D zone shall provide loading space in accordance with the provisions of Chapter 18.76 of this title. (Ord. 909 § 3, 1997)

All utilities shall be installed underground. (Ord. 909 § 3, 1997)