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Dana Point City Zoning Code

CHAPTER 9

13 MIXED USE DISTRICTS

§ 9.13.010 Intent and Purpose.

The mixed use districts provide for the compatible and beneficial mixture of commercial, office and residential uses in a single structure or on a single site. These districts are designed to achieve a convenient business and residential environment in areas where multiple activities and an increased degree of pedestrian orientation are considered to be desirable. The districts also provide a transitional or buffering zone between exclusive nonresidential and residential districts. Residences in the Mixed Use District provide housing near sources of employment or commercial and professional services—an alternative to exclusively residential districts. This alternative housing is intended to add to the City's supply of affordable housing, reduce commutes between home and work, and promote a strong, stable, and desirable pedestrian-oriented business environment.
(a) 
Commercial/Residential (C/R). The Commercial/Residential (C/R) district provides for compatible mixtures of commercial and office uses, and residential units in the same building or on the same parcel. Allowable commercial and office uses include those that are typically permitted in the Community Commercial (CC) districts. These uses provide for a commercially-oriented environment that also offers compatibility for residential uses. The only projects allowed in this district are commercial or mixed use (commercial/residential) projects. Residential development is only permitted in conjunction with commercial development as part of a mixed use project.
(b) 
Residential/Commercial-18 (R/C-18). The Residential/Commercial-18 (R/C-18) district provides for a mixture of residential uses with commercial and office uses in the same building or on the same parcel. Allowable commercial and office uses include those which are visitor serving in nature and at the same time are compatible with residential uses such as bed and breakfast inns, restaurants, specialty and convenience shops and recreation/open space uses such as coastal recreation equipment, rental shops and environmental education facilities related to coastal ecology. This district provides for a residential density of 18 units per acre. New development within Residential/Commercial-18 shall be sited in a manner that minimizes the residential development residents' vehicle miles traveled (VMT). VMT siting considerations shall include, but not be limited to: close proximity of the new development to existing or planned transit stops (efforts should be made to site residential development within one-half mile to existing or planned transit stops); walkability to commercial development like restaurants, grocery stores and cultural venues; and close proximity to, and/or provision of, bicycle amenities like bicycle racks and bicycle lanes or dedicated bicycle pathways. It implements the State's Mello Act and the City's goals, objectives and policies for production of affordable housing by requiring that any project of new construction with more than ten residential units, which is located within the Coastal Overlay District, shall be required to provide a minimum 10% of the total housing units as "affordable units," as defined in the Housing Element of the City's General Plan and pursuant to the provisions of the aforementioned State's Mello Act. The only projects allowed in this district are mixed use (residential/commercial) projects. The gross floor area for commercial uses is limited to a maximum of 10% of the total site area. Properties fronting Pacific Coast Highway are required, at a minimum, to provide visitor serving commercial uses on the ground floor of all the buildings fronting Pacific Coast Highway, for a minimum depth of 40 feet. (Visitor serving uses are those allowed under the Visitor/Recreation Commercial (V/RC) zoning designation in Sections 9.11.010 and 9.11.020(b)).
(c) 
Professional/Residential (P/R). The Professional/Residential (P/R) district includes a mixture of professional offices and residential use in the same building or on the same parcel. Allowable professional uses typically include those that are permitted in the Professional/Administrative (P/A) district. These uses provide for a professional office-oriented environment that also offers compatibility for residential uses. The only projects allowed in this district are professional or mixed use (professional/residential) projects. Residential development is only permitted in conjunction with professional development as part of a mixed use project.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 09-06, 7/27/09; Ord. 12-05, 5/1/12)

§ 9.13.020 Permitted Uses, Accessory Uses, Temporary Uses and Conditional Uses.

(a) 
Several classes of use are allowed in Mixed Use Districts. Each of these classes must promote the mixed use character of the districts. These classes of uses are:
(1) 
Permitted Use — allowed by right if no discretionary review is required. Certain permitted uses, indicated by a P*, are also regulated by provisions contained in Chapter 9.07.
(2) 
Accessory Use — allowed by right if accessory to a permitted or conditional use.
(3) 
Temporary Use — allowed on a temporary basis in accordance with the provisions of Chapter 9.39.
(4) 
Conditional Use — allowed subject to the approval of a Conditional Use Permit in accordance with the provisions of Chapter 9.65. Certain conditional uses, indicated by a C*, are also regulated by provisions contained in Chapter 9.07.
(5) 
Prohibited Use — not allowed in the subject mixed use district.
(b) 
Certain uses other than permitted uses may not be suitable or desirable in every location within Mixed Use Districts and, therefore require a Temporary Use Permit as described in Chapter 9.39, or discretionary review through the Conditional Use Permit process described in Chapter 9.65.
(c) 
The following Table lists the classification of allowable uses in Mixed Use Districts. Any use not expressly allowed is prohibited.
SECTION 9.13.020(c) MIXED USE DISTRICTS
LAND USES
C/R
R/C-18
P/R
Administrative Office Uses
P
P
P
Adult Day Care Facility
C
X
C
Alcoholic Beverage Outlet
P*/C*
P*/C*
P*/C*
Automotive Sales and Rental Uses
C* (1)
C* (1)
X
Bed and Breakfast Inn
 
C
 
Business Service Uses
P
X
P
Caretaker's Residence
C
C
C
Civic Uses
C
C
P
Clinical Service Uses
P
C
P
Commercial Antenna
C
C
C
Community Care Facility
C
X
C
Congregate Care Facility
C
X
C
Congregate Living Health Facility
C
X
C
Convalescent Facility
C
X
C
Cultural Uses
P
P
P
Day Care Centers
P
X
C
Day Treatment Facility
C
X
C
Drinking Establishments
P*/C*
P*/C*
X
Drive Through Uses
C (5)
X
X
Drug Abuse Recovery or Treatment Facility
C
X
C
Dwelling Unit, Multiple Family
A (2)
P (3)
C (2)
Dwelling Unit, Single Family
P (4)
P (4)
C (2)
Educational Uses
X
X
C
Family Day Care Home, Large
C
C
C
Family Day Care Home, Small
C
C
C
Food Service Uses, Specialty
P
P
C
Group Dwelling/Group Home
C
X
C
Hospital, Acute Psychiatric
C
X
C
Hospital, Chemical Dependency Recovery
C
X
C
Hospital, General Acute Care
C
X
X
Hospital, Special
C
X
C
Intermediate Care Facility
C
X
C
Live Entertainment Uses
C*
C*
X
Low Barrier Navigation Center
P
P
P
Medical Office Uses
P
P
P
Membership Organizations
P
P
C
Minor Repair Service Uses
P
C
P
Mixed Use Center
P
P
P
Mobilehome Park
P (6)
X
X
Open Space
P
P
P
Park, Public
P
P
P
Personal Service Uses
P
P
P
Photographic, Reproduction and Graphic Service Uses
P
P
P
Professional Office Uses
P
P
P
Public Utility Uses
C
X
X
Recreational Uses
C
C
C
Religious Uses
C*
C*
C*
Research and Development Uses
P
X
P
Residential Care Facilities for the Elderly
C
X
C
Residential Facility
C
X
C
Restaurant
P
P
C
Restaurant, Take-Out
P
P
C
Restaurant, Walkup
P
P
C
Retail Sales Uses
P
P
C
Sanitarium, Health
X
X
C
Sanitarium, Mental
X
X
C
Senior Citizen Housing
C
C
C
Single Room Occupancy
C
C
C
Skilled Nursing Facility
C
X
C
Small Family Home
C
X
C
Social Day Care Facility
C
X
C
Social Rehabilitation Facility
C
X
C
Supportive Housing
P
P
P
Temporary Uses
T*
T*
T*
LEGEND:
 
P = Permitted Use
P* = Permitted Use subject to special use standards (see Chapter 9.07)
C = Conditional Use
C* = Conditional Use subject to special use standards (see Chapter 9.07)
T = Temporary Use
T* = Temporary Use subject to special use standards (see Chapter 9.39)
X = Prohibited Use
A = Accessory Use
Footnotes for Section 9.13.020(c):
(1)
Accessory repair or service of motor vehicles is prohibited, but the incidental installation of parts or accessories, excluding mechanical components, is permitted.
(2)
Permitted only as an accessory use to commercial or professional uses in a mixed use project and located on the second floor only.
(3)
Permitted only as part of a mixed use project. In compliance with the Mello Act, new construction projects of more than ten residential units which are located within the Coastal Overlay District are required to provide a minimum 10% of the units as "affordable units."
(4)
A single family detached unit may only be permitted to replace an existing nonconforming single family residence. The replacement residence shall be developed in accordance with the development standards of the RSF 7 district. Single family attached units may be constructed as an accessory use in a mixed use project.
(5)
Permitted with a Conditional Use Permit which shall be reviewed and approved by the Planning Commission and precludes restaurant/food uses, and liquor establishments, and permits such uses, but not limited to, dry cleaners, banks and pharmacies. (See Section 9.07.240)
(6)
Only those mobilehome parks in existence as of November 23, 1993 shall be permitted.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-02, 1/11/94; Ord. 94-09, 5/24/94; Ord. 94-21, 12/13/94; Ord. 96-11, 8/27/96; Ord. 99-07, 8-10-99; Ord. 03-14, 8/27/03; Ord. 09-06, 7/27/09; Ord. 12-05, 5/1/12; Ord. 25-02, 2/4/2025)

§ 9.13.030 Development Standards.

The following general development standards Table provides the minimum acceptable standards for development within the mixed use districts necessary to assure quality development and attractive local mixed use areas. The development standards are supplemented, and where applicable, superseded by the special development standards described in Chapter 9.05, Chapter 9.07, and Section 9.13.040. Parking standards are provided in Chapter 9.35.
SECTION 9.13.030
MIXED USE DEVELOPMENT STANDARDS
Development Standards (1)
Mixed Use Zoning Districts
C/R
R/C-18
P/R
(a) Minimum Lot Size (2)
5,000 sf
5,000 sf
5,000 sf
(b) Minimum Lot Width (2)
50 ft
50 ft
50 ft
(c) Minimum Lot Depth (2)
100 ft
100 ft
100 ft
(d) Maximum Lot Coverage
40%
40%
35% (3)
(e) Maximum Residential Density
10 du/net ac
18 du/net ac
10 du/net ac
(f) Maximum Height
31-35 ft (4)
3 stories (5)
31-35 ft (4)
3 stories (5)
31 ft
2 stories
(g) Standard Floor Area Ratio (nonresidential) (6)
.5:1
N/A
.5:1
(h) Standard Floor Area Ratio for Mixed Use Projects (6)
.7:1
N/A
.5:1
(i) Minimum Front Yard Setback
 
From Ultimate Public Street R/W Line
5 ft
5 ft
0 ft
(j) Minimum Side Yard Setback
 
 
 
Interior Side
0 ft
5 ft
0 ft
Street Side
5 ft
5 ft
5 ft
(k) Minimum Rear Yard Setback
 
Standard Lot
15 ft
15 ft
15 ft
Adjacent to Alley or Street
10 ft
10 ft
10 ft
(l) Minimum Open Space (required for residential portion of development only)
Private:
100 sf per du
100 sf per du
100 sf per du
Common:
100 sf per du
100 sf per du
100 sf per du
(m) Minimum Landscape Coverage (7)
10%
15% (8)
15% (8)
(n) Minimum Building Separation
10 ft
10 ft
10 ft
(o) Minimum lockable, enclosed storage per residential unit provided in garage or carport area
250 cubic feet
250 cubic feet
250 cubic feet
(p) Separate trash and recycling facilities areas shall be provided for the residential component and the nonresidential component of C/R and P/R developments
Yes
Yes
Yes
Footnotes for Section 9.13.030:
(1)
See Chapter 9.75 for definitions and illustrations of development standards.
(2)
Development standard applies to proposed subdivisions of land. The standards may be waived by the Planning Commission when necessary to accommodate the parcel configuration for an integrated commercial development subject to approval of a Conditional Use Permit pursuant to Chapter 9.65.
(3)
An increase in lot coverage may be permitted with a Site Development Permit (pursuant to Chapter 9.71) provided that the development demonstrated exceptional design quality and improvements.
(4)
Subject to the criteria in Section 9.05.110(b)(4).
(5)
A maximum of 3 stories may be permitted in accordance with Section 9.05.200.
(6)
A maximum FAR of 1.5:1 may be permitted in accordance with Section 9.05.210.
(7)
All residential units shall be provided with 20 square feet of private landscaped area which shall not be calculated in the minimum landscape coverage.
(8)
A decrease in landscape coverage may be permitted with a Site Development Permit with an approved landscape plan.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 94-21, 12/13/94; Ord. 03-14, 8/27/03; Ord. 09-06, 7/27/09; Ord. 12-05, 5/1/12)

§ 9.13.040 Special Development Standards.

(a) 
Maximum Density. The maximum residential density in the mixed use districts is subject to the following requirements:
When residential dwelling units are combined with office, or retail commercial uses in a single building or on the same parcel, the maximum density shall be 10 dwelling units per net acre. The Floor Area Ratio requirements do not apply to the residential portion(s) of the structure.
The maximum residential density in the R/C-18 district shall be 18 dwelling units per acre. Proposed development does not have any presumptive development right or "entitlement" to the maximum residential density of 18 dwellings units per acre; the actual development allowed may be less than the maximum density due to localized conditions identified during the development review process. Projects of new construction with more than 10 residential units, which are located within the Coastal Overlay District and in the R/C-18 district, are also required to provide a minimum 10% of the total housing units as "affordable units" in compliance with the Mello Act. Any affordable housing units provided pursuant to Government Code Section 65590(d) shall be counted toward compliance with affordable housing requirements of this Zoning district and the City's General Plan. The affordable housing units are not counted in the density calculations of a project.
(b) 
Accessory Uses and Structures. Accessory buildings or structures are subject to the same height and setback requirements described for primary buildings and structures in Section 9.13.030 except as modified by Section 9.05.080, Maximum Projections into Required Yard Areas.
(c) 
Design Compatibility. New improvements or uses to the site or structure shall be sensitive to the fact that the new improvement or use will be within a district that may act as a transition or buffer between intensive nonresidential districts and residential neighborhoods. The new structure or use shall be designed so that it does not impact the adjacent uses, yet enhances the site's use as a buffer or transition.
The new improvement or use shall recognize internal compatibility and create mutual enhancement with adjacent uses on-site. In order to properly mix residential and nonresidential uses on the same site, potential noise, odors, glare, excessive pedestrian traffic, or other significant impacts shall be reduced to a level of insignificance. New improvements shall be subject to the following additional standards:
(1) 
Sound Mitigation. All residential dwellings shall be designed to be sound attenuated against present and future project noise. New projects, additions to existing projects, or new nonresidential uses in existing projects shall, under the discretion of the Director of Community Development, prepare an acoustical analysis report (by a City-certified acoustical engineer) describing the acoustical design features of the structure required to satisfy the exterior and interior noise standards (65db CNEL in outdoor living areas and an interior standard of 45db CNEL). The report shall include satisfactory evidence that the measures specified in the report(s) have been, or will be, incorporated into the design of the project.
(2) 
Lighting Compatibility. All new projects, additions to existing projects, and new nonresidential uses, shall mitigate any light and glare impacts that may be directed towards on-site residential units. This may require, at the discretion of the Director of Community Development, the preparation of a photometric study which addresses the potential lighting impacts upon the residential units, any proposed mitigation measures, and evidence that the measures will be incorporated into the design of the project.
(3) 
Design Standards. The design of the structure and site shall encourage integration of the street pedestrian environment with the nonresidential uses through the use of plazas and street furniture, yet use its design to hinder the street pedestrian from direct access to the on-site residential units.
The design of a mixed-use project shall ensure that the residential units are of residential character, creating a home and not simply a place to live. The design of the project shall ensure that privacy between other residential units and between other uses on site shall be maintained.
For projects in the R/C-18 zone, the ground floor area of any building fronting Pacific Coast Highway, for a minimum depth of 40 feet, is restricted to visitor serving commercial uses. Projects are also encouraged to coordinate visual and circulation linkages between adjacent developments to create design continuity. Emphasis should be on pedestrian orientation and pedestrian opportunities through widened sidewalks and street facing plazas, courtyards and richly planted landscape focus points oriented to the street. Appropriate landscape buffers should be provided between street and pedestrians and building sites.
(4) 
Parking Standards. Parking areas for mixed use projects shall incorporate the following provisions:
(A) 
Reserved parking stalls and appropriate signage indicating so, shall be required for each residential unit. This provision shall be included within the association bylaws.
(B) 
Each residential unit shall be assigned a minimum 45 cubic foot exterior storage space and bicycle locker capable of securing two bicycles.
(C) 
All parking areas shall be well lighted at all times.
(D) 
The design of the structure will incorporate safe passages from the parking areas to the units. Enclosed corridors for pedestrian access between parking areas and residential units, in excess of 10 feet long, shall be prohibited.
(E) 
Surface parking shall not be located to front Pacific Coast Highway.
(5) 
Hours of Operation/Performance. In mixed use projects, nonresidential uses shall be restricted from operation between the hours of 10:00 p.m. to 7:00 a.m.
(6) 
Joint Owners' Association. A joint resident/commercial/office owner's association shall be formed in all mixed use projects to ensure the well-being of each tenant on-site. The association shall be formed of equal voting rights according to type of use (i.e., residential, commercial, office). The association's bylaws at a minimum shall include the following: determination of the maintenance and landscaping responsibilities, trash facility responsibilities, parking facility maintenance responsibility, assignment of parking spaces per each use, relationship between uses regarding association representation, voting procedures, and ways that problems are solved between the different on-site uses. The association bylaws shall be subject to review and approval by the Director of Community Development and City Attorney.
(7) 
Signage Standards. All site signage shall minimize potential impacts of light, glare and noise, upon the on-site residential units. Signage for all uses shall be compatible with each other, and appropriately integrated into the structure/site design. All proposed signage shall conform to Chapter 9.37, Sign Regulations.
(d) 
Sign Programs. Multi-tenant mixed use developments shall be required to obtain approval for a project sign program pursuant to Chapter 9.37.
(e) 
"Art-in-Public-Places" Program. All new development projects located in the zoning districts described in this Chapter are subject to the provisions of the "Art-in-Public-Places" Program as described in Section 9.05.240.
(f) 
In addition to the Special Development Standards located above, the following shall also apply to the site located at 34202 Del Obispo Street:
(1) 
There shall be at least a 25 foot setback from the property line adjacent to the San Juan Creek Bike Trail. Only development necessary to provide landscape features, pedestrian and bicycle uses and for passive park purposes are allowed within this setback area.
(2) 
Public pedestrian and bicycle access to the San Juan Creek Bike Trail shall be provided on-site.
(3) 
All streets and pedestrian and bicycle accessways shall be ungated and available to the general public for parking, vehicular, pedestrian, and bicycle access. All public entry controls (e.g., gates, gate/guard houses, guards, signage, etc.) and restrictions on use by the general public (e.g., preferential parking districts, resident-only parking periods/permits, etc.) associated with any streets, on-street parking areas, or pedestrian and bicycle accessways shall be prohibited.
(4) 
An adequate buffer shall be established during the development review process between the South Orange County Wastewater Authority (SOCWA) parcel and development located on the subject parcel. The buffer must be located on the subject parcel and not the SOCWA parcel. Where necessary to accommodate an adequate buffer, the amount/density of residential development on-site shall be reduced and/or eliminated, as opposed to reducing the amount/density of allowed commercial/visitor serving uses on-site.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-13, 8/23/94; Ord. 09-06, 7/27/09; Ord. 12-05, 5/1/12)