A.

The regulations set forth in this chapter shall apply in the MUO pedestrian-oriented mixed-use overlay zone unless otherwise provided in title. The MUO zone shall be applied as an overlay zone. Land classified in the MUO zone shall also be classified in one (1) or more underlying zones. Property so classified shall be identified on the zoning map by a combination of a symbol for the underlying zone followed by a symbol for the MUO zone. The regulations set forth in this chapter shall be in addition to those regulations set forth in the underlying zone. In the event of a conflict between the provisions of the MUO zone and the provisions of the underlying zone, the provisions of the MUO zone shall prevail. If the MUO zone is silent in relation to any development standard, the development standard identified in the underlying zone shall prevail.

B.

The city seeks to make the most of development opportunities in key target areas of the community. The MUO zone will be most beneficial in guiding development in these areas. The target areas are as follows:

1.

Jewett Square (an approximately 58-acre area bounded generally by Bear Mountain Boulevard, Campus Drive, and Varsity Road): By integrating commercial and residential uses, including live-work buildings, this area will function as an attractive, walkable neighborhood that will be conveniently located to the nearby Arvin High School and the Grimmway Charter Academy, as well as the existing commercial corridor on Bear Mountain Boulevard and public facilities (i.e., library, police and fire department and city hall). Additionally, the site includes a planned new community park.

2.

The Sycamore/Meyer site (an approximately forty fivee-acre area at the southwest corner of Sycamore Road and Meyer Street): It is envisioned that this site will be developed with additional retail and services to provide a convenient shopping option for residents of the southern portion of the city, as well as a multifamily residential area to create additional housing opportunities.

C.

Applications may be made to place the MUO zone on other properties in the city in accordance with the procedures set forth in Chapter 17.54. The planning commission and city council shall consider whether a mixed-use development is appropriate in its context with adjacent land uses and serves the needs of residents in an attractive and functional manner.

(Ord. No. 411, § 3, 12-3-2013)

A.

Property developed with a mix of residential and non-residential uses in the MUO zone shall be in accordance with the provisions of this section:

1.

Residential. Multifamily dwellings.

2.

Live-work.

a.

Professional, administrative, and business uses;

b.

Repair services (excluding auto related repair services);

c.

Retail sales and service;

d.

Studios (art, photography, copywriter, film/video).

3.

Commercial. Uses permitted or conditionally permitted in the underlying commercial zone shall be allowed. If the underlying zoning is residential, commercial uses that are permitted and conditionally permitted in the N-C zone shall be allowed.

4.

Public facilities.

a.

Fire and police stations;

b.

Libraries;

c.

Post offices;

d.

Pre-K, kindergarten, primary, secondary and post-secondary educational facilities;

e.

City administrative facilities.

5.

Public assembly uses.

a.

Museums;

b.

Theaters (cinema and otherwise);

c.

Lodges and meeting halls.

6.

Accessory uses.

a.

Parking lots or structures;

b.

Public or private recreational facilities;

c.

Mechanical and utility equipment.

7.

Open space uses.

a.

Central squares;

b.

Pocket parks;

c.

Neighborhood parks;

d.

Playgrounds;

e.

Recreation centers.

B.

Uses that are subject to conditional use permits shall be in accordance with the provisions of the Chapter 17.56 Conditional use permits.

(Ord. No. 411, § 3, 12-3-2013)

All uses not expressly permitted or conditionally permitted in the underlying zone or in section 17.43.020 are prohibited.

(Ord. No. 411, § 3, 12-3-2013)

The following standards of density and dimensions shall apply in the MUO zone in order to create more compact development:

A.

Residential Portion of Mixed-Use.

1.

Lot requirements for multi-family dwellings:

a.

Lot size: six thousand (6,000) square feet, minimum.

b.

Building setback, front - Minimum ten (10) feet and maximum twenty (20) feet.

c.

Building setback, rear - Minimum fifteen (15) feet.

d.

Building setback, side - Minimum five (5) feet, except on the street side of corner lots, the minimum setback shall be ten (10) feet.

2.

Live-work and non-residential portion of mixed-use. Building setback, front - Vertical mixed-use (residential over non-residential) or non-residential structures in the designated target area have no minimum front setbacks.

3.

Density. The maximum residential density shall be the same as that of the underlying residential zone. If the underlying zone is commercial, the residential density shall be not less than sixteen (16) units per acre and not more than twenty-four (24) units per acre.

B.

Height. The maximum building height shall be four stories, not to exceed forty-five (45) feet. Buildings greater than two (2) stories shall have upper story stepbacks. The third and fourth stories facades shall be located not less than five (5) feet from the ground floor facade and not less than ten (10) feet from any property line. However, if residential or non-residential uses abut R-1 or R-2 zones, the maximum building height shall be two and one-half (2½) stories, not to exceed thirty-five (35) feet.

C.

Open Space.

1.

Residential uses - A minimum of one hundred and fifty (150) square feet of outdoor usable common and private open space shall be provided per dwelling unit.

2.

The usable common open space requirements of residential units can be combined into one (1) or more large spaces to satisfy the usable common open space requirements, so long as the space is located along or directly accessed and visible from perimeter or interior streets. At least ten percent (10%) of the gross acreage in the overall MUO zone in the target area must be usable common open space.

D.

Off-Street Parking Requirements.

1

The provision of Chapter 17.48 Automobile parking requirements, shall apply, with the following exceptions:

a.

Tandem parking - Up to fifty percent (50%) of the parking requirement for live/work units may be satisfied by tandem parking.

b.

Studio and efficiency units - One (1) space shall be required for each unit.

c.

Shared parking is allowed subsequent to a shared parking analysis, prepared by a California-licensed, independent traffic engineer, at the developer's expense, and approved by the planning director.

d.

Due to variation in parking demand and needs of mixed-use projects, vehicle parking requirements and the design of the parking area, including ingress and egress, may be reduced or modified as part of the site plan review process, by the planning commission, based upon information contained in a parking demand study prepared by a California-licensed, independent traffic engineer, at the developer's expense.

e.

Parking for any residences shall be secured and separated from public parking.

2.

In the mixed-use area, above and below-grade parking is allowed. Any above grade parking lot shall be located at the rear or side of a building. If located at the side, landscaped screening shall be provided.

3.

A parking lot or garage may not be adjacent to or opposite a street intersection.

4.

Parking lots or garages must provide not less than one (1) bicycle parking space for every ten (10) motor vehicle parking spaces. Bicycle locking equipment shall be provided for each space. The area designated for bicycle parking shall be plainly visible, well-lit, and conveniently located in relation to building entrances.

5.

Adjacent on-street parking may apply toward the minimum parking requirements.

6.

Commercial buildings which require service access shall provide a direct route to service and loading dock areas with minimal movement through parking areas.

E.

Landscaping and Screening Standards.

1.

Overall composition and location of landscaping shall complement the scale of the development and its surroundings. In general, larger, well-placed contiguous planting areas are preferred to smaller, disconnected areas.

2.

General screening. Where screening is required by this ordinance, it shall be at least three (3) feet in height with an option of: a) decorative fence behind landscaped area; b) masonry wall behind landscaped area; or, c) planted hedges.

3.

Street trees. A minimum of one (1) deciduous canopy tree per forty (40) feet of street frontage, or fraction thereof, shall be required. Trees may be clustered and do not need to be evenly spaced. Trees should preferably be located between the sidewalk and the curb, within the landscaped area of a boulevard, or in tree wells installed in pavement or concrete. If placement of street trees within the right-of-way will interfere with utility lines, trees may be planted within the front yard setback adjacent to the sidewalk.

4.

Parking area landscaping and screening. All parking and loading areas fronting public streets or sidewalks, and all parking and loading areas abutting residential districts or uses, shall provide:

a.

A landscaped area at least five (5) feet wide along the public street or sidewalk.

b.

Screening at least three (3) feet in height and not less than fifty percent (50%) opaque.

F.

Stormwater Management. The design and development of each site and neighborhood should minimize off-site stormwater runoff, promote on-site filtration, and minimize the discharge of pollutants to ground and surface water. Natural topography and existing land cover should be maintained/protected to the maximum extent practicable.

G.

Circulation. The circulation system shall provide for various modes of transportation. The circulation system shall provide functional links within the MUO zone and shall be connected to existing and proposed external development. The circulation system shall provide adequate traffic capacity, provide connected pedestrian and bicycle routes (which routes may include off street bicycle or multi-use paths and bicycle lanes on the streets), limit access onto streets of lower traffic volume classification, and promote safe and efficient mobility through the MUO target areas.

1.

Pedestrian circulation. Convenient pedestrian circulation systems that minimize pedestrian-motor vehicle conflicts shall be provided continuously throughout the MUO zone. Where feasible, any existing pedestrian routes through the site shall be preserved and enhanced. All streets, except for alleys, shall be bordered by sidewalks on both sides. The following provisions also apply:

a.

Residential sidewalks. The minimum width of a sidewalk adjoining residential-only structures shall be ten (10) feet as measured from the curb face, and may consist of both existing right-of-way and a recorded pedestrian access and utility easement.

b.

Commercial sidewalks. The minimum width of a sidewalk adjoining commercial building entrances shall be twelve (12) feet as measured from the curb face, and may be in the form of both existing right-of-way and a recorded pedestrian access and utility easement.

c.

Division of sidewalk into clear zones and parkway. The minimum width of a sidewalk shall include a minimum five-foot wide detached sidewalk (residential clear zone) where no commercial building entrances are present and a minimum seven-foot wide detached sidewalk (commercial clear zone) where commercial building entrances are present, as well as a minimum five-foot wide landscaped parkway adjacent to all streets. The clear zone shall be located between the building and the parkway.

d.

Parkway. The parkway shall be located between the clear zone and the curb face. The parkway be level with the sidewalk and include street trees, landscaping, public signs, public art, street lighting, street furniture, and other pedestrian-oriented amenities, as appropriate.

e.

Disabled accessibility. Sidewalks shall comply with the applicable requirements of the Americans with Disabilities Act.

f.

Crosswalks. Intersections of sidewalks with streets shall be designed with clearly defined edges. Crosswalks shall be well lit and clearly marked with contrasting paving materials at the edges or with striping.

g.

Ground floor access.

i.

Commercial uses that have street frontage shall be accessible to the public through the street front entrance during all hours the business is open.

ii.

Residents of a development shall have a separate and secure street access to the residential units.

iii.

Pedestrian walkways or sidewalks shall connect all primary building entrances to one (1) another. Pedestrian walkways shall also connect all on-site common areas, parking areas, storage areas, open space, and recreational facilities.

2.

Bicycle circulation. Bicycle circulation shall be accommodated on streets and/or on dedicated bicycle paths. Where feasible, any existing bicycle routes through the site shall be preserved and enhanced. Facilities for bicycle travel may include off-street bicycle paths (generally shared with pedestrians and other non motorized users) and separate, striped bicycle lanes on streets in accordance with established transportation engineering standards and practices.

3.

Public transit access. Where public transit service is available or planned, convenient access to transit stops shall be provided. Where transit shelters are provided, they shall be placed in highly visible locations that promote security through surveillance, and shall be well-lighted.

4.

Motor vehicle circulation. Motor vehicle circulation shall be designed to minimize conflicts with pedestrians and bicycles. Traffic calming features such as "queuing streets," curb extensions, traffic circles, and medians may be used to promote slow traffic speeds.

(Ord. No. 411, § 3, 12-3-2013)

The following guidelines are based on the "Improving Safety and Mobility in South Kern County" study conducted by the Local Government Commission. These design guidelines are focused on the target areas described in section 17.43.010(B).

A.

Jewett Square. Jewett Square is situated in a prime location to be established as a commerce and activity center of the community. Jewett Square is situated near Bear Mountain Boulevard, Arvin's main commercial corridor and with important connections to local schools and a future park, and on the eastern portion near the civic center and possible institutional areas. Establishing a new public park, and developing residential and mixed-use development would allow for connections to these very important areas in Arvin. To the north, a flexible framework can accommodate residential and institutional uses (i.e. community college) that might grow incrementally over time. In addition to these design guidelines, Jewett Square can also include the following guidelines to produce a more environmental, pedestrian and bicycle friendly development:

1.

Buildings with primary entrances oriented to streets rather than parking lots.

2.

Parking to the rear of buildings.

3.

Supportive, fine-grained residential fabric that can increase night-time residential population and improve viability for retail and services.

4.

Continuous "street edges" that maintain consistent building setbacks from the street and create the impression of an outdoor room.

B.

Sycamore and Meyer. The vacant site at Sycamore Road and Meyer Street is an ideal opportunity for a small mixed-use residential/commercial node to serve the southern neighborhoods of Arvin, giving residents easier access to healthy foods through a new market, for example. It is envisioned that parks, squares and other green spaces will be integrated regularly within the new residential neighborhood. South Arvin is a predominantly residential area that is lacking in services and open space. The development of the Sycamore/Meyer neighborhood can integrate both in order to address these issues. The framework plans for this target site will include the following design principles:

1.

Layout of an interconnected network of streets and blocks that connects to the surrounding residential neighborhoods.

2.

Buildings with primary entrances oriented to streets rather than parking lots.

3.

Houses with alley access and garages oriented to the rear of properties to encourage pedestrian activity along streets.

4.

Interspersed, well-defined civic spaces with active uses fronting them to provide "eyes on the street" as well as opportunities for appropriately-scaled stormwater management features.

5.

A core of small-scaled commercial uses at the intersection of Sycamore Road and Meyer Street that could incorporate a small grocery store as well as health services.

6.

Continuous "street edges" that maintain consistent building setbacks from the street and create the impression of an outdoor room.

(Ord. No. 411, § 3, 12-3-2013)