A.

Establishment of an Overlay Zone. This section establishes development standards and regulations for the establishment of uses, structures, and lots in the Mixed Use Overlay (MU) Zone. The application of the MU Zone is:

1.

The Mixed Use Overlay Zone applies to lots in the RB-D and C-D Zones that abut El Cajon Boulevard, University Avenue, and La Mesa Boulevard or are near the Spring Street Trolley Station that are designated in the City of La Mesa General Plan as "Mixed Use Urban," as shown on the map on file in the office of the La Mesa city clerk.

2.

The Mixed Use Overlay Zone provides development standards that apply to new construction of mixed use projects, and "residential use only" projects.

3.

In the RB-D Zone, new construction of "residential use only" projects may utilize either the MU Zone regulations or the RB-D zone regulations. Section 24.18.030(B), Permitted Uses and Section 24.18.040(B), Pedestrian Orientation of the MU Zone shall apply if the RB-D zone regulations are used.

4.

In the C-D Zone, construction of "commercial use only" projects shall utilize the existing regulations in the C-D Zone, except Section 24.18.030(B), Permitted Uses and Section 24.18.040(B), Pedestrian Orientation of the MU Zone shall apply.

5.

Existing regulations in the underlying zone shall apply to all remodeling of, or addition to, an existing structure where there will be no change in occupancy and where the total additional square footage of the remodeling or addition will be less than two thousand five hundred square feet.

6.

The requirements of the Mixed Use Overlay Zone and Design Guidelines shall apply to all remodeling of, or additions to, existing structures, if the remodeling or addition exceeds two thousand five hundred square feet. The requirements of the Mixed Use Overlay Zone and Design Guidelines shall apply to any change in occupancy within an existing structure if the area affected by the change of occupancy exceeds two thousand five hundred square feet.

7.

Site Plan Review and Urban Design Review is required for all new development and major renovation of existing development in the Mixed Use Overlay Zone.

B.

Specific Purposes. The specific purposes of this overlay zone are to provide a mechanism to:

1.

Revitalize older commercial corridors;

2.

Increase opportunities for infill housing while transforming and aesthetically improving transportation corridors into tree-lined civic boulevards with mixed use projects;

3.

Encourage new housing and innovative retail that is less automobile dependent;

4.

Help to create pedestrian oriented neighborhoods where local residents have services, shops, jobs and access to transit within walking distance of their homes.

(Ord. 2739 § 2 (part); November 12, 2003: Ord. 2008-2788 § 1 (part); April 8, 2008)

A.

"Building frontage" means the measurement, in linear feet, of the building or buildings that front onto a major arterial street, not including driveways and pedestrian courtyards between buildings.

B.

"Development site" means a parcel or group of contiguous parcels that are proposed for development as one project.

C.

"Ground floor" means the lowest level within a building that is accessible from and within three feet above or two feet below the grade of the street.

D.

"Mixed-use projects" means projects that combine residential uses with one or more of the following uses: office, retail, entertainment, restaurant, or community facilities. Mixed-use projects may be arranged vertically (ground-level retail, office, restaurant, entertainment, or community facility with residential uses above) or horizontally (commercial uses on a portion of the property linked by pedestrian connections to residential uses as part of a unified development project).

E.

"Pedestrian realm" means a twelve-foot wide area located between the face of the curb of a Circulation Element designated street and the face of the building. The pedestrian realm includes the parkway, sidewalk, and landscaped areas. The pedestrian realm may include both public and private property where the public right-of-way is not twelve feet wide. Pedestrian amenities, street trees, street furniture, bus stop facilities, and other landscaping, as specified in this chapter, shall be included in the public realm.

(Ord. 2739 § 2 (part); November 12, 2003: Ord. 2008-2788 § 1 (part); April 8, 2008)

A.

Intent.

1.

The MU Zone allows "for-sale" homes, condominiums, and apartment units to provide for a diversity of housing types including row housing, loft-type dwellings, and flats that are arranged either around courtyards or linearly along the pedestrian realm.

2.

The MU Zone allows for commercial uses that are neighborhood serving and that generate pedestrian activity, such as cafes, restaurants, bookstores, floral shops, retail shopping, commercial recreation and entertainment spaces, personal and convenience service stores, bakeries, travel agencies, childcare facilities, art galleries, and offices.

B.

Permitted Uses. All uses and accessory uses of the underlying zone shall be permitted unless modified as follows:

1.

Residential is permitted on the ground-floor level with development standards as described in this overlay zone.

2.

Accessory dwelling units constructed in accordance with Municipal Code Section 24.05.020D8.

3.

A conditional use permit shall be required for the following uses:

a.

Automobile gas station;

b.

Automotive repair shops, automotive body and paint shops, tire stores, car sales or similar related auto repair or auto equipment installation businesses;

c.

Drive-thru sales;

d.

Parking lots or parking garages not associated with a permitted use.

4.

Retail sales from shops in the RB-D zone may exceed three thousand square feet of gross floor area.

(Ord. 2739 § 2 (part); November 12, 2003: Ord. 2008-2788 § 1 (part); April 8, 2008; Ord. 2020-2879, § 2F, April 14, 2020)

A.

Residential Density.

1.

For development sites greater than ten thousand square feet, the residential component of a mixed-use project shall not exceed forty units per acre.

2.

For development sites less than ten thousand square feet, the residential component of a mixed-use project shall not exceed thirty units per acre.

B.

Pedestrian Orientation Along Street Frontage and Setbacks.

1.

A minimum twelve-foot wide pedestrian realm is required in front of all mixed-use, residential, or commercial projects located along Circulation Element designated streets. The pedestrian realm shall be measured from the face of the curb.

2.

Front setback shall be as follows:

a.

Ground-floor residential shall be setback a minimum of five feet and a maximum of ten feet from the interior edge of the pedestrian realm to allow for additional landscaping, stoops, and entrance porches.

b.

To create a pedestrian activity area along the street edge, new non-residential and mixed-use buildings shall be built directly adjacent to the twelve-foot wide pedestrian realm at or near the same elevation of the sidewalk. Entrances to the commercial uses shall be directly from the sidewalk. However, setbacks up to an additional ten feet from the interior edge of the pedestrian realm edge may be permitted for non-residential and mixed-use buildings to allow for pedestrian entrances, outdoor dining areas, pedestrian arcades, or for building articulation.

c.

For both residential and mixed-use projects, setbacks greater than ten feet from the interior edge of the pedestrian realm may be permitted for a pocket park or open space feature that is oriented toward the pedestrian realm.

3.

Rear and side yard setbacks shall be as follows:

a.

Refer to Section 24.06.030(C)(1) and (C)(2) for minimum rear and side yard setbacks.

4.

For visual interest at the pedestrian level, at least fifty percent of the total ground floor building frontage of any new or reconstructed building facing the public realm shall have the following: windows with clear un-tinted glass, recessed entries, residential stoops, or recesses for outdoor dining areas. To calculate the total ground-floor frontage, use the length of the building frontage along the pedestrian realm times the first floor height from floor to ceiling.

C.

Building Height.

1.

Maximum building height for new mixed-use, commercial, or residential development in both the zones shall be forty-six feet in height, except as follows:

a.

The planning commission may grant height exceptions by special permit subject to findings outlined in Section 24.02.050.

b.

Height exceptions for roof structures that house mechanical equipment are allowed in accordance with Section 24.06.030(F).

2.

For design guidance related to transition in building heights adjacent to single family zones and potential height incentives for mixed-use developments, consult Design Guidelines for Properties in the Mixed Use Overlay Zone.

D.

Parking.

1.

For parking requirements, refer to Chapter 24.04, Parking.

2.

If two parking spaces are assigned to one residential unit, one space per unit may be provided in tandem. If two spaces are assigned to the exclusive use of a residential unit, an additional 0.4 parking spaces per unit shall be provided for guest parking. In a mixed-use project, this additional guest parking may be shared with the parking for the non-residential use, with the approval of parking modification per Section 24.04.020(G).

3.

Guest parking and parking for non-residential uses shall be located or assigned in such a way as to distinguish it from residential parking assigned to individual units.

4.

For new development within the Mixed Use Overlay Zone, a parking reduction in the number of parking spaces required in Chapter 24.04, Parking, of the zoning ordinance, may be permitted for mixed-use projects that contain retail, restaurants, office, and other neighborhood serving uses on the ground floor; provided, however, a minimum of one space for every five hundred square feet of gross leaseable area of ground floor non-residential floor area shall be provided. See Section 24.04.020(G) for shared parking modification procedures.

5.

Parking along Circulation Element designated streets shall not be located within the area between the interior edge of the pedestrian realm and a new building fronting on the pedestrian realm.

E.

Open Space.

1.

Recreation and leisure space shall be provided for each residential-only or mixed-use project containing residential uses. The required minimum amount of open space for a mixed-use project is two hundred square feet per unit. The required minimum amount of open space for a residential-only project is three hundred square feet per unit. The minimum open space may be met through a combination of common and private open space. All required open space shall be usable.

2.

The requirement for open space may not be satisfied through the utilization of required setbacks, parking areas, driveways, service areas, or unusable slopes.

3.

Fifty percent of the open space area required may be provided in private open space such as patios and balconies; however, such private open space must have a minimum area of sixty square feet and a minimum dimension of six feet.

4.

In order to meet the requirements of this section, no more than fifteen percent of the total required open space area may be counted within structures and no more than fifteen percent of the required space may be provided on roofs.

5.

A minimum of twenty-five percent of the common space shall be planted area including trees, shrubs and gardens. Planters and planting containers may be counted toward this requirement.

6.

Common open space shall require a minimum width of ten feet and be a minimum of two hundred square feet in area.

F.

Design. New development and major renovations in the MU Zone are subject to Urban Design Review by the city's design review board and city council per Chapter 24.11. To encourage design creativity, flexibility, and quality design that is sensitive to the surrounding context and unique site conditions, design guidelines specifically for mixed use have been prepared. For design guidance, obtain copies of the city's Urban Design Program Report and Design Guidelines for Properties in the Mixed Use Overlay Zone.

(Ord. 2739 § 2 (part); November 12, 2003: Ord. 2008-2788 § 1 (part); April 8, 2008)