Single family and multi-family dwellings in the Office and Professional or Commercial Retail categories are subject to the standards of this section; except for caretaker residences, which are subject to Section. 22.30.430.
A. Limitation on Use. Except where prohibited by planning area standards (Article 9), new single-family or multi-family dwellings are allowed in an Office and Professional or Commercial Retail category, provided that they comply with the following requirements.
1. The units shall be subordinate to the primary commercial or office use of the site, located on either the second floor and/or 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 or retail uses.
2. Single-family or multi-family residential development may be authorized as a principal use through minor use permit or use permit approval in a Commercial Retail or Office and Professional category only if provisions to do so are included in the applicable planning area standards in Article 9.
B. Permit Requirement. A residential use may be authorized in compliance with this section subject to the same land use permit required by Section 22.06.030 for the principal use of the site; except that where Section 22.06.030 would require a higher permit level for the residential use, the higher permit shall be required.
C. Existing Uses. In an Office and Professional or Commercial Retail category, a detached single-family dwelling which is the principal use of its site may be continued as residential use as set forth in Section 22.72.050 (Nonconforming Uses of Land).
D. Required Findings for Permit Approval. The approval of a minor use permit or use permit for a proposed residential use shall require that the review authority first find that the proposed residential use will not:
1. 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; or
2. 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 22.04.084 (Residential Density - Multi-Family Dwellings), or applicable planning area standards (Article 9).
F. Parking.
1. When a commercial or office and residential use are located on the same site, the number of parking spaces provided shall be eighty percent of the total required for each residential and commercial or office use by Chapter 22.18 (Parking and Loading Standards).
2. All Parking for a residential use in a Commercial Retail or Office and Professional category shall be located on-site. (Ord. 2892 § 1 (part), 2002)