Sec. 38-15. Commercial Use Classifications.
A. Adult Businesses.Establishments based primarily on materials or performances that depict, describe, or relate to sexual activities specified in Article 3.
1.Adult Bookstore means an establishment having as all or a significant portion of its stock books, magazines or other periodicals, films, videotapes, video discs or other such electronic, magnetic, or other means of creating a moving image upon any screen, television or other device, peep shows or other similar devices designed for use in individual viewing of films on the premises, which books, magazines, periodicals, films, videotapes, video discs, or other means, peep shows or similar devices are substantially devoted to the depiction of specified sexual activities or specified anatomical areas as defined herein.
2.Adult Motion Picture Theater means an enclosed or unenclosed building or structure or portion thereof used for presenting material in the form of motion picture film, videotape, or other similar means which film, videotape, or other means is devoted to the depiction of specified sexual activities or specified anatomical areas for observation and viewing by persons therein. (Ord. 3438 § 1, 2009)
B. Alcohol Beverage Outlet.Any establishment wherein alcoholic beverages are sold or served on or off the premises. (Ord. 3305, 2002)
C. Ambulance Services.Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles.
D. Animal Sales and Services.
1. Animal Boarding.Provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care.
2. Animal Grooming.Provision of bathing and trimming services for small animals on a commercial basis.
3. Animal Hospitals.Establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air conditioned. Grooming and temporary (30 days) boarding of animals is included if incidental to the hospital use.
4. Animals: Retail Sales.Retail sales and incidental boarding of animals, provided such activities take place within an entirely enclosed building.
5. Riding Academies.Establishments offering facilities for instruction in horseback riding, including rings, stables, and exercise areas.
E. Artists’ Studios.Work space for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft.
F. Banks and Savings and Loans.Financial institutions that provide retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on site circulation of cash money. It also includes businesses offering check cashing facilities, and banks with automatic teller machines (ATMs).
1. With Drive-up Service.Institutions providing services accessible to persons who remain in their automobiles.
G. Building Materials and Services.Retailing, wholesaling, or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments, and building contractors’ yards, but excludes establishments devoted exclusively to retail sales of paint and hardware and activities classified under Vehicle/ Equipment Sales and Services, including vehicle towing services.
H. Catering Services.Preparation and delivery of food and beverages for off site consumption without provision for on site pickup or consumption. (See also Eating and Drinking Establishments.)
I. Commercial Filming.Commercial motion picture or video photography at the same location more than six days per quarter of a calendar year.
J. Commercial Recreation and Entertainment.Provision of participant or spectator recreation or entertainment. This classification includes theaters, sports stadiums and arenas, amusement centers bowling alleys, billiard parlors, poolrooms, dance halls, ice/roller rinks, golf courses, miniature golf courses, horse stables, polo fields, recreation vehicle parks, scale model courses, shooting galleries, tennis/racquetball courts, croquet courts, swim clubs, health/fitness clubs, and games centers.
1.Limited: Indoor movie theaters and performing arts theaters.
2. Nighttime Entertainment.Establishments subject to regulations of Chapter 5, Amusements.
K. Communications Facilities.Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding PWS facilities. This classification includes but is not limited to radio, television, or recording studios; and telephone switching centers. (Ord. 3443 § 3, 2010)
L. Contractor’s Establishment.An establishment for use by contractors including building, heating, cabinet, painting, plumbing, electrical and like uses.
1.Limited: When operated in conjunction with a retail store or office, provided that all uses shall be conducted wholly within completely enclosed buildings.
M. Eating and Drinking Establishments.
Businesses serving prepared food or beverages for consumption on or off the premises. (Ord. 3243 § 2, 1999)
1. Restaurant - Full Service.Restaurant serving prepared food or beverages for consumption on or off the premises. The defining characteristic of full-service Restaurants is table service (defined as ordering and receiving food at the table). May include incidental bar service.
2. Restaurant - Fast Food.Restaurant with a short period of time between ordering and delivery of food and one or more of the following characteristics:
a.Food served in disposable containers.
b.Table service not provided (defined as ordering and receiving food at the table).
c.Drive through or walk up windows.
3. Restaurant - Formula Fast Food.Fast food Restaurant as defined above which is required by contractual or other arrangements to maintain any of the following: standardized menus, ingredients, food preparation, services, decor, uniforms, architecture, building appearance, signs, or similar standardized features.
4. Snack Bar.A building or cart, having no designated interior seating, which serves food and beverages in a Park and Recreation Facility or a Commercial Recreation and Entertainment Facility in the “O” Open Space District.
5. Bar.An establishment that has a Type 40, 42, 48, or 61 Alcohol Beverage Control license and amendments thereto. (Ord 3305; 5/2002)
6.Live Entertainment/Dancing. Any entertainment or dance event that involves amplified noise, including but not limited to performances by live bands or individual musicians, karaoke or the playing of music by disc jockeys. (Ord 3305; 5/2002)
N. Food and Beverage Sales.Retail sales of food and beverages for off site preparation and consumption. Typical uses include groceries, liquor stores, or delicatessens. Establishments at which 20 percent or more of the transactions are sales of prepared food for on site or take out consumption shall be classified as Catering Services or Eating and Drinking Establishments.
O. Convenience Markets.Retail sales of food, beverage and small convenience items typically found in establishments with long or late hours of operation. This definition includes convenience markets within service stations but excludes delicatessens and other specialty food shops having a sizeable assortment of fresh fruits and vegetables, and fresh cut meat.
P. Funeral and Interment Services.Establishments primarily engaged in the provision of services involving the care, preparation, or limited keeping of human dead other than in cemeteries, and ceremonial assembly. Typical uses include crematories or mortuaries. (Ord. 3593 § 2, 2019)
Q. Horticulture, Limited.The raising of vegetables, flowers, ornamental trees and shrubs as a commercial enterprise. Commercial horticulture accessory to a dwelling unit shall be regulated as a home occupation.
R. Laboratories.Establishments providing medical or dental laboratory services or establishments with less than 2,000 square feet providing photographic, analytical, or testing services. Other laboratories are classified as Limited Industry.
S. Maintenance and Repair Services.Establishments providing appliance repair, office machine repair, or building maintenance services. This classification excludes maintenance and repair of vehicles; see Vehicle/Equipment Repair.
T. Nurseries.Establishments in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only.
U. Offices, Business and Professional.Offices of firms or organizations providing professional, executive, management, financial or administrative services, such as architectural, computer software consulting, data management, engineering, interior design, graphic design, real estate, insurance, investment, legal, medical/dental and title offices and banks and savings and loan offices which do not have on site circulation of cash. This classification includes medical/dental laboratories incidental to an office use, but excludes banks and savings and loan associations.
1.Offices, Medical: Offices for physician, dentist, psychiatrists, acupuncturists, and chiropractors.
2.Offices, Medical -- Extended Care: Medical facilities where persons require 24 hours supervised care for a period of time not to exceed 90 days. This use does not include patients seeking emergency medical care or hospital acute care as defined in Section 38-17(H) and (J). (Ord. 3625 § 2, 2020)
V. Pawn Shops.Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property, subject to the regulations of Chapter 24 of the City Code.
W. Personal Improvement Services.Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, business and trade schools, and diet centers, reducing salons, and fitness studios.
1. Health Studios or Spas.Establishments with equipment for exercise and physical conditioning.
X. Personal Services.Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, seamstresses, tailors, shoe repair shops, dry cleaning agencies (excluding bulk processing plants), photocopying, self-service laundries, and escort services. (Ord. 3544 § 3, 2016; Ord. 3438 § 2, 2009)
Y. Research and Development Services.Establishments primarily engaged in industrial or scientific research, including limited product testing. This classification includes electron research firms or pharmaceutical research laboratories, but excludes manufacturing, except of prototypes, or medical testing and analysis.
Z. Retail Sales.The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, clothing stores, and furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, electronic equipment, records, sporting goods, kitchen utensils, hardware, appliances, art, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation).
1. Limited.Excludes furniture, hardware, paint and wallpaper, carpeting and floor covering, and new automotive parts and accessories.
2. Pharmacies and Medical Supplies.Establishments primarily selling prescription drugs, medical supplies, and equipment.
3. Visitor-Oriented.Sale of arts and crafts, antiques, jewelry, clothing, books, toys, and gifts, designated for visitors. This classification includes arts and crafts studios, galleries and shops.
AA. Secondhand Appliance and Clothing Sales.The retail sale of used appliances and clothing by secondhand dealers. This classification includes flea markets but excludes antique shops primarily engaged in the sale of used furniture and accessories other than appliances.
BB. Swap Meets, Recurring.Retail sale or exchange of new, handcrafted, or secondhand merchandise for a maximum period of 48 hours, conducted by a sponsor on a more than twice yearly basis.
CC. Travel Services.Establishments providing travel information and reservations to individuals and businesses. This classification excludes car rental agencies.
DD. Vehicle/Equipment Sales and Services.
1. Automobile Rentals.Rental of automobiles, including storage and incidental maintenance, but excluding maintenance requiring pneumatic lifts.
2. Automobile Washing.Washing, waxing, or cleaning of automobiles or similar light vehicles.
3. Commercial Parking Facility.Lots offering short term or long term parking to the public for a fee.
4. Service Stations.Establishments engaged in the retail sale of gas, diesel fuel, lubricants, parts, and accessories. This classification includes incidental maintenance and repair of automobiles and light trucks, but excludes body and fender work or repair of heavy trucks or vehicles.
5. Vehicle/Equipment Repair.Repair of automobiles, trucks, motorcycles, mopeds, mobile homes, or recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, wheel and brake shops, and tire sales and installation, but excludes vehicle dismantling or salvage.
a. Limited.Excludes body and fender shops.
6. Vehicle/Equipment Sales and Rentals.Sale or rental of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, mobile homes, boats and similar equipment, including storage and incidental maintenance.
a. Limited.By appointment only sale of automobiles or motorcycles, conducted within a fully enclosed building. No on-site advertising or displays; no outdoor displays or storage; no public events, including but not limited to auctions or other sales events that would attract groups of interested parties; and no commercial displays, including but not limited to car museums or other collections where the public can view vehicles for a fee. (Ord 3588;11/18)
7. Vehicle Storage.Lots for storage of parking tow-aways, impound yards, and storage lots for automobiles, trucks, buses and recreational vehicles. (Ord. 3588 § 3, 2018)
EE. Visitor Accommodations.Any building, portion of any building, or group of buildings in which there are guest rooms or suites, including housekeeping units, for transient guests where lodging with or without meals is provided. Visitor accommodation facilities are those required to pay transient occupancy tax by Article 3, Chapter 35 of this code. Visitor accommodation facilities include limited-occupancy visitor accommodations as defined below. Visitor accommodation facilities include hotels, motels, beds and breakfast inns, and youth hostels. Youth hostel is a visitor facility providing short-term, dormitory-type visitor accommodations.
1.Limited: Limited-Occupancy Visitor Accommodation Facilities are defined as the conversion of single-family residences to country inns or bed and breakfast types of use, whereby limited numbers of visitors may obtain accommodations and a single meal upon the premises. Only existing single-family dwellings that present unique historical or architectural features are considered as limited-occupancy visitor accommodation facilities.
FF. Walk Up Service/Window.Any window or device which dispenses goods or services from within a building to pedestrians outside of a building, including instant teller windows.
GG. Warehousing and Storage, Limited.Provision of storage space for household or commercial goods within an enclosed building without direct public access to individual storage spaces. This classification includes mini-warehouse facilities with a maximum of 5,000 square feet of gross floor area, but excludes Wholesaling Distribution and Storage, and Vehicle Storage.
HH. Mail and Packing Service Centers.Establishments providing services including packing and mailing of personal goods and letters.
II. Coastal Dependent Research and Education.Research and education facility which requires a site on or adjacent to the sea to be able to function at all. (Ord. 3397, 2007)
JJ. Coastal Dependent.Any development or use which requires a site on or adjacent to the sea to be able to function at all. (Ord. 3397, 2007)
KK. Coastal Related.Any use that is dependent on a coastal dependent development or use. (Ord. 3397, 2007)
LL. Public Serving Uses.Uses that serve the public. (Ord 3397, 10/07)
MM. Massage Establishments.A place where certified massage therapists or certified massage practitioners practice massage as provided in California Business and Professions Code Section 4601(f). The following are not considered massage establishments under this section: California State-licensed hospitals, nursing homes, the office of a licensed medical professional, or other State-licensed physical or mental health facilities; nor a personal fitness training center, gym, athletic facility or health club, when the administering of massage is an incidental function of the business, constituting 10 percent or less of the business. (Ord. 3544 § 4, 2016)
NN. Cemetery.Establishments primarily engaged in the provision of services involving the ground burial or above-ground burial of human dead. Typical uses include cemeteries, mausoleums, or columbariums.
OO. Bicycle/Equipment Rentals.Rental of bicycles, electric bicycles, and associated equipment (e.g., helmets, bike gloves, etc.), including storage and repairs. A bicycle is a vehicle with two wheels, propelled by human power through a system of belts, chain, or gears. This definition excludes scooters and quadricycles/surreys. For purposes of this use classification, the term “electric bicycle” encompasses Class 1 and Class 2 electric bicycles only, and does not include Class 3 electric bicycles, as these classes are defined under California Vehicle Code Section 312.5. (Ord. 3651 § 3, 2022; Ord. 3625 § 2, 2020; Ord. 3593 § 3, 2019)