§ 23.08.162. Residential Uses in Office and Professional or Commercial Categories.

Single Family and Multi-Family dwellings identified as S-8 uses in the Office and Professional or Commercial Retail categories are subject to the standards of this section; except for Caretaker Residences (Section 23.08.161) :

a.

Limitation on use - Office and Professional category. Except where prohibited by planning area standards of the Land Use Element new single family or multi-family dwellings are allowed in an Office and Professional category, provided that they are:

(1)

Located on either the second floor and/or the rear of the site, and structurally attached to the main building. The first floor or front part of the building shall be used for the principal office use; and

(2)

Subordinate to the primary office use of the site; or

(3)

Multi-family residential development as a principal use authorized through Development Plan approval, in an Office and Professional category where planning area standards of the Land Use Element allow residential development as a principal use.

b.

Limitation on use - Commercial categories. Except where prohibited by planning area standards of the Land Use Element, new single family or multi-family dwellings are allowed in the Commercial Retail land use category provided that they are:

(1)

Located outside of any visitor serving "V" designation as shown on the Land Use Element; and

(2)

Located on either the second floor and/or the rear half of the site and structurally attached to the main building. The first floor or front part of the building shall be used for the principal retail use; and

(3)

Subordinate to the primary commercial use of the site.

New dwellings are not allowed in the Commercial Service category, except for a caretaker residence (Section 23.08.161).

c.

Existing uses. In an Office and Professional or Commercial categories, a detached single family dwelling which is the principal use of its site may be continued as a residential use as set forth in Section 23.09.026d (Nonconforming Uses of Land).

d.

Permit requirements.

(1)

The land use permit required to authorize residential uses pursuant to this section shall be the same as that required by this title for the principal use of the site; except that where Section 23.03.040 would require a higher permit level for the residential uses, the higher permit shall be required.

(2)

When Minor Use Permit or Development Plan approval is required by this title to authorize the proposed residential use, the applicable approval body shall, before granting such approval, find that the proposed residential use will not:

(i)

Significantly reduce the community inventory of office or commercial property available to satisfy the commercial needs of the population envisioned by the Land Use Element of the General Plan.

(ii)

Impede the continuing orderly development of community shopping and office areas with office and other commercial uses.

e.

Minimum site area and density. To be as required by Section 23.04.084 (Residential Density - Multi-Family Dwellings), or applicable planning area standards of the Land Use Element.

f.

Parking.

(1)

When a commercial and residential use are located on the same site, the number of parking spaces provided is to be 80% of the total required for each residential and commercial use on the same site by Section 23.04.160 (Parking).

(2)

All parking for a residential use in a Commercial Retail, Commercial Service or Office and Professional category is to be located on-site.

[Amended 1992, Ord. 2591; 1995, Ord. 2715]