Chapter 28.22 — HRC-1 and HRC-2 HOTEL AND RELATED COMMERCE ZONES

• A. This is a zone which, because of its proximity to the shoreline and its location along two major arteries, strives to promote, maintain and protect visitor-serving and commercial recreational uses. Tourist and traveler related uses shall be encouraged in this zone in a manner which does not detract from the desirability of the shoreline as a place to visit. Residential uses are appropriate in certain areas of the HRC-2 zone.

• B. Land classified in the HRC-2 zone may also be overlaid with a second classification of being in the OceanOriented Commercial zone (hereinafter referred to as the "OC zone.") The OC zone regulations shall apply to all development projects on land with a dual HRC-2 / OC zoning designation.

• (Ord. 4320, 1985; 4172, 1982; Ord. 5343, 2005)

The following land uses are allowed in the HRC zones indicated:

• A. HRC-1 Zone. Hotels, motels and tourist courts, including related recreational, conference center and other auxiliary uses primarily for use by hotel guests and as permitted in Section 28.21.030.B.2 of this title. In addition, restaurants, including those with entertainment facilities used in conjunction with the restaurant, are allowed.

• B. HRC-2 Zone.

  1. General. Any use permitted in the HRC-1 Zone and subject to the restrictions and limitations contained therein.

  2. Specific. Any of the following uses which are primarily visitor-serving or of a commercial recreational nature specific to the Coastal Zone are allowed:

     • a. Bicycle, roller skating, moped, dive gear and other recreational equipment rental stores.

     • b. Stores which sell liquor, groceries and food, which do not exceed 2,500 sq. ft. in gross floor area.

     • c. Specialty and gift shops.

     • d. Art galleries.

     • e. Bait and tackle shops, sales of boats, marine supplies and related equipment.

     • f. Other visitor-serving or commercial recreational uses deemed appropriate by the Planning Commission.

  3. General Office Use. The second and third floors of commercial buildings are allowed to be used for general office uses upon issuance of a Conditional Use Permit. A Conditional Use Permit may be granted by the Planning Commission or City Council on appeal for such uses in accordance with the provisions of Chapter 28.94 of this code, subject to the following additional findings:

     • a. The use is compatible with visitor-serving uses;

     • b. Visitor-serving uses remain the primary use of the building; and

     • c. Non-visitor-serving uses shall not exceed 50% of the total square footage of the building.

  4. Restriction on Residential Use. Residential use is prohibited in the HRC-2 Zone except in the following areas:

• a. The area bounded by Cabrillo Boulevard on the southeast, Los Patos Way on the southwest and the existing railroad right-of-way on the north.

• b. The area identified as Area A of the Cabrillo Plaza Specific Plan as specified in Resolution No. 83-155.

Any use permitted in the R-3 Zone is allowed in these areas subject to the restrictions and limitations contained therein.

5. Special Treatment Area. The following additional restrictions shall apply in the area bounded by Cabrillo Boulevard on the southeast, Los Patos Way on the southwest and the existing railroad right-of-way on the north, due to concerns about protection of the sensitive habitat character and aesthetics of the Andree Clark Bird Refuge:

   • a. High Intensity Uses. The following high-intensity uses shall be prohibited:

     • i. Fast food restaurants.

     • ii. Stores which sell liquor, groceries and food, except that off-site sale of beer and wine and picnic items may be allowed only when incidental to and related to the primary use of the establishment.

     • iii. Automobile service station.

   • b. Front Setback. There shall be a front setback of not less than:

• i. Ten feet for one-story buildings that do not exceed 15 feet in height; and

  - ii. One hundred feet for the second-story portion of any building that exceeds 15 feet in height.
  

c. Building Height. Three-story buildings and buildings in excess of 30 feet in height shall be prohibited. (Ord. 4172, 1982; Ord. 4320, 1985; Ord. 5343, 2005; Ord. 5459, 2008; Ord. 5678, 2014)

In the HRC-2 Zone, alcoholic beverage retail establishments, automobile rentals, parking lots, automobile service stations and automobile service station/mini-markets may be permitted with a conditional use permit issued in accordance with the provisions of Chapter 28.94 of this Code, except where specifically prohibited elsewhere in this chapter.

(Ord. 4172, 1982; Ord. 4320, 1985; Ord. 6026 § 2, 2021)

All development in the Coastal Overlay Zone (S-D-3) is subject to review pursuant to Chapter 28.44 of this code. (Ord. 4172, 1982; Ord. 4320, 1985; Ord. 5417, 2007)

Notwithstanding any provision of law to the contrary, no application for a land use permit for a nonresidential construction project will be accepted or approved on or after December 6, 1989 unless the project complies with the provisions outlined in Development Plan Approval, Chapter 28.85 . (Ord. 4670, 1991; Ord. 5609, 2013)

No building or structure in an HRC zone shall exceed three stories or exceed 45 feet in height. (Ord. 4172, 1982; Ord. 4320, 1985; Ord. 5343, 2005)

• A. Front setback. There shall be a front setback of not less than:

  1. Ten feet for one-story buildings that do not exceed 15 feet in height; and

  2. Twenty feet for all other buildings.

• B. Interior setback. Buildings on property immediately adjacent to residentially-zoned property shall have an interior setback of no less than 10 feet or one-half the height of the building, whichever is greater.

• (Ord. 4172, 1982; Ord. 4320, 1985; Ord. 5459, 2008)