This Chapter shall be known as “Mixed-use and In-fill Development Regulations” for the purpose of enabling the City to manage and regulate the development of large parcels and in-fill properties as identified by the City.

The City Council finds that standard zoning practices such as single-purpose base zones, planned unit developments or other types of normal zoning classifications are inadequate to address the development of larger parcels of property in the City to ensure that these developments are well-planned, sensitive to the needs of the City and, also, successful in recognizing the rights of property owners to develop their land. This Chapter is intended to address challenges presented by infill, configuration, phasing over the course of several years, and other challenges presented by development. The City has researched various practices to deal with such master planned projects. Based on that research the City Council determines that for certain projects it is appropriate to create zoning and other land use requirements on a property-by-property basis with the development of the property carefully agreed to by the City and the property owner and those agreed-upon regulations being enforced and assured by the terms of a development agreement. The purpose of this Chapter is to create enabling provisions for adopting such specialized zones and applying them to particular properties.

Eligible parcels under this Chapter maybe zoned as a sub-zone as follows:

1. Mixed-use Large Project (MU-LP) Sub-zone. This Sub-zone is designed for a “Large Project Master Planned Community” as provided in this Chapter.
   1. Eligibility Requirement. The MU-LP Sub-zone only applies to development projects over one hundred (100) contiguous acres in size.
   2. Plan Map. A proposed plan map showing the area of the project, proposed lots, roadways, trails and proposed uses blended to adjoining areas, including adequate landscaping and open space is required as part of the application.
   3. Master Development Plan. A proposed Master Development Plan must be prepared and submitted with the application. The Plan shall include a proposed map with detailed phasing plans, trails map, transportation plans and studies, sensitive lands map, geotechnical and wetland reports, conservation plan, proposed land uses, proposed site standards, architectural renderings of commercial and residential buildings, landscaping designs, homeowners association, covenants (CC&Rs), historical resources and preservation, maintenance plans, and any other documents associated with the Plan.
   4. Fee. A fee equal to the costs incurred by the City for the processing the application shall be paid by the applicant. This fee is related to this Chapter only and does not include other fees imposed by the City during the totality of the development process.
2. Mixed-use Commercial (MU-C) Sub-zone.
   1. Eligibility Requirement. Any commercial zone or area planned for commercial as specified in the Mixed-use Map in the General Plan that is adjoining an eligible parcel as set forth in the Mixed-use Map in the General Plan for MU-LP Sub-zone, including City roads, but excluding Highway 89, may be considered as a MU-C Subzone subject to this part.
      
   2. Commercial Requirements. A minimum (fifty-one) 51% of the total area of the proposed MU-C shall include commercial elements. Commercial elements include any areas used for any commercial use as specified in this part, landscaping, open space, and commercial parking. No area used for residential landscaping or parking shall be considered a commercial element under this part. All frontage along state roads or highways must be commercial use or uses calculated at a average depth of one-hundred and fifty (150) feet along the length of the entire frontage, or such frontage area may be consolidated into one large parcel calculated to the minimum square footage equal to or exceed that area that the frontage would have been. Proposed commercial uses shall be specified in the Plan. Commercial uses are businesses that generate revenue and as further defined under this part to only include: retail, food and beverage service, personal service, professional and/or medical services, fitness and/or recreation, educational and/or institutional, and commercial office space. Conditional uses are permitted subject to conditions. Standards for conditions include those which mitigate noise, environmental, light, odor, dust, hours of operation, and mitigate other adverse impacts on residential uses. In order for consideration of an application, the commercial uses, as provided in this part, shall be the dominant and primary element of the proposed plan and map.
      
   3. Plan Map Requirements. A proposed Master Development Plan is required to show the area of the project, proposed lots, roadways, trails, and proposed uses blended to adjoining areas, including 20% landscaping and/or open space which is required as part of the application. Parking and residential areas are to be obscured by the commercial uses on the first level for all frontage that is a commercial use as defined in this section, except where secondary residential levels are proposed. Height limits shall not exceed three (3) stories. Housing units shall be arranged in clusters not to exceed five (5) connected units. Plans shall follow all other requirements of the municipal code as possible, such as landscaping, architecture, and screening standards. A favorable Plan will incorporate architectural variation, exceptional design, quality construction, LEEDS standards, dark sky compliant lighting, pedestrian and accessibility concepts, and other unique trends that support the community.
      
   4. Master Development Plan. A proposed Master Development Plan (Plan) must be prepared and submitted with the application. The Plan shall include a proposed map with detailed phasing plans, trails map, transportation plans and studies, sensitive lands map, geo-technical and wetland reports, conservation plan, proposed land uses, proposed site standards, architectural renderings of commercial and residential buildings and landscaping designs and owner association, covenants (CC&Rs), historical resources and preservation, maintenance plans, and any other documents associated with the Plan.
      
   5. Fee. A fee equal to the costs incurred by the City for the processing the application shall be paid by the applicant. This fee is related to this Chapter only and does not include other fees imposed by the City during the totality of the development process.
      
3. Mixed-use Residential (MU-R) Sub-zone. This Sub-zone is designed for “Residential In-fill Planned Community” as designated in the City’s General Plan.
   1. Eligibility Requirement. The MU-R Sub-zone only applies to development in areas designed for mixed-use or in-fill in the General Plan, and the proposed project shall include residential amenities that foster community, including but not limited to: clubhouse, recreation, pathways, personal services, café, and similar amenities as set forth in the Development Agreement.
   2. Plan Map. A proposed plan map showing the area of the project, proposed lots, roadways, and proposed residential uses blended to adjoining areas, including adequate landscaping and open space, is required as part of the application.
   3. Master Development Plan. A proposed Master Development Plan must be prepared and submitted with the application. The Plan shall include a proposed map with detailed phasing plans, trails map, transportation plans and studies, sensitive lands map, geotechnical and wetlands reports, conservation plan, proposed land uses, proposed site standards, architectural renderings of commercial and residential buildings, landscaping designs, homeowners association, covenants (CC&Rs), historical resources and preservation, maintenance plans, and any other documents associated with the Plan.
   4. Fee. A fee equal to the costs incurred by the City for the processing the application shall be paid by the applicant. This fee is related to this Chapter only and does not include other fees imposed by the City during the totality of the development process.

The property owner(s) initiate the process under this Chapter by filing a written application with the City Recorder to create one of the Sub-zones provided in this Chapter. The Planning Commission shall consider the application for possible recommendation to the City Council in the same manner as any other zoning map amendment at the time of the application. The City Council, acting in its legislative capacity, shall determine whether to create the Sub-zone, the map to be attached to the property, and approve the required Development Agreement. The application for a Sub-zone creates no rights in the property owner until any such sub-zone and the Development Agreement are approved by the City Council and recorded against the property.

Any application for a Sub-zone shall include the following and such other materials as the City may require:

1. The proposed Sub-zone.
2. Complete plan map of the property proposed for the Sub-zone as provided in this Chapter and including topographical information at 2’ contours or more detailed.
3. The proposed Sub-zone Ordinance specifying the permitted, conditional, and accessory uses as more fully detailed in the required Development Plan.
   

1. Contents. A Development Agreement, provided by the City, shall include the items specified in this Section.
2. Legislative Action. The City Council, in its legislative discretion, shall exercise its general policy determination functions in considering and may make any modifications to the proposed Development Agreement that it deems appropriate before approving the Development Agreement and applying it to the property as a part of the creation and mapping of the Sub-zone.
3. Required Elements. The Development Agreement shall include:
   1. A master development plan for the entire property of the project showing:
      1. The general areas of each intended use and the approximate intensity of each such use such as the approximate number of each type of residential or support use.
      2. The general areas of each intended use and the approximate intensity of each use such as the approximate number of each type of commercial, office, or retail use;
      3. The approximate location of infrastructure such as roads, parking, storm water facilities, flood control, utilities, and other infrastructure.
      4. The general location size and type of support uses, open space, recreational amenities, pathways or trails, and related amenities.
      5. Designation of any present or proposed FEMA floodplain and wetland area.
   2. Proposed development standards for the various types of residential, commercial, retail office, or other uses proposed including parking areas, dimensions and setbacks.
   3. Proposed design standards addressing building height, massing and orientation, open space, natural resource protection, architectural design and materials, landscaping and buffering standards, parking, and signage.
   4. Proposed plan for maintenance of the project including appropriate costs for the same to be incurred by an owner’s association, that accounts for implementation costs and long-term maintenance projections.
   5. Proposed plan for implementing, administering, enforcing the proposed project.
   6. A hold harmless provision ensuring that the City, and other public entities servicing the project, cannot be held liable for any damages arising out of the Development Agreement.
   7. Any other items that the City Engineer or City Attorney deems appropriate.

It is the intent of the City that after the policy considerations by the City Council in adopting the proposed Sub-zone, applying that Sub-zone to the property, and entering into the Development Agreement that any implementation of the Sub-zone or Development Agreement is administrative in nature and not a legislative function. However, modification or amendment of the Development Agreement is a legislative function that requires approval of the City Council.