This section hereby creates three Mixed Use Overlay Zones (MUOZ) for Specific Plan No. 375. Although the allowable uses as listed in section 17.168.810(1) of this title are applicable with all three MUOZ, additional allowable uses and different development standards and required findings are unique to each MUOZ. The applicant of a project may decide to apply the uses and development standards of section 17.168.810. and use an MUOZ. If there is any conflict between the uses and development standards of section 17.168.810 and the MUOZ, the uses and development standards of the MUOZ shall be applicable. The MUOZ are intended to encourage a mixture of compatible land uses, such as residential with compatible nonresidential uses including additional retail uses, employment-intensive uses (including light industrial), and entertainment uses (including hotels and night clubs), with a particular focus on fostering pedestrian activity, vertical mixed use projects, public spaces, and other community amenities. Each of the three distinct MUOZs is described below as follows:

A.

MUOZ-1 provides uses and standards for areas appropriate for the development of a broad range of retail commercial uses potentially integrated with office and/or residential uses. Projects may include vertical or horizontal mixed uses. All projects shall provide and maintain strong pedestrian linkages with neighboring Planning Areas, parks and schools. Single use structures in this MUOZ are acceptable. It is envisioned that this MUOZ will permit retail, restaurant, and commercial goods and services in conjunction with residential development early in the implementation of the Specific Plan.

B.

MUOZ-2 provides uses and standards for areas appropriate for the development of high employment-generating land uses - strong retail, office, and/or light industrial uses - integrated with nearby residential development. Projects may include vertical or horizontal mixed uses with the intent of creating a defined, high-energy pedestrian-focused zone where residential uses will be coupled with covenant retail and/or office uses and/or with nearby light industrial uses. Limited single use structures are acceptable, however, it is envisioned that many, if not all, MUOZ-2 projects will be some form of mixed use development.

C.

MUOZ-3 provides uses and standards for areas appropriate for the development of entertainment-oriented uses, including night clubs and overnight accommodations with limited retail, office, and/or residential use integration. Development may include horizontal or vertical mixed uses with strong pedestrian and vehicular integration with connections to neighboring traffic-ways and complementary Planning Areas. Residential uses in this Overlay are not a requirement but may be provided as an option. It is envisioned, though not required, that up to fifty (50) percent of the MUOZ-3 may be mixed use.

(Ord. No. 348.4737, § 3, 2-7-12)

A.

The MUOZ may only be used within Districts 1, 2, or 4 as set forth in Specific Plan No. 375. Each MUOZ used shall cover a minimum of one Planning Area.

B.

The provisions of the MUOZ may also apply to all existing and future development within Districts 1, 2 and 4 unless otherwise specified in this Section.

(Ord. No. 348.4737, § 3, 2-7-12)

As used in this section, the following terms shall have the following meanings:

A.

Base zone. The set of allowable uses and zoning standards that are applicable over Districts 1, 2 and 4 which are found in Section 17.168.810(1) of this title.

B.

Mixed use structure. A building or structure that contains at least one floor devoted to allowed nonresidential uses and at least one devoted to allowed residential uses.

C.

Block. Traditional grid pattern development with street length limitations, defined within each village, to foster a pedestrian friendly environment.

D.

Mixed use dwelling. A dwelling located above the ground floor of a permitted commercial, retail, office, or institutional use permitted by a MUOZ.

E.

Horizontal mixed use. A mixing of uses in a development project or with neighboring structures, although not necessarily in the same building.

F.

Vertical mixed use. A mixing of uses within the same structure, usually with residential over commercial, retail, office, or institutional use though this is not required to meet the definition.

G.

Pedestrian friendly. Urban design elements including landscaping, amenities, sidewalk or plaza design, structure placement, or other elements all designed with an emphasis on creating a pleasant, walkable, and comfortable environment.

H.

Covenants, conditions and restrictions (CC&Rs). A document used to describe restrictive limitations placed on real property and its uses, and which usually are made a condition of holding legal title to, or leasehold interest in, the real property in question.

I.

Overlay zone. A set of zoning requirements that are superimposed upon the underlying base zone. Overlay zones are generally used when a particular mixed use area is intended to emphasize a particular nonresidential use (e.g., retail commercial, employment, or entertainment), or requires special protection, or has a special neighborhood concern. If there is any conflict between the uses and development standards of section 17.168.810 and the overlay zone, the uses and development standards of the overlay zone shall be applicable.

J.

Human scale. The design of neighborhoods, buildings, and recreational spaces that are welcoming and inviting to pedestrian uses, and also encourage the reduced use of automobiles. Density of the neighborhoods and the heights of the buildings are not restricted in this definition.

K.

Conventional shopping center. A development of retail and/or other commercial establishments that are planned, developed, owned and managed as a single property, typically with parking provided on-site. The center's size and orientation will be generally determined by the market characteristics of the trade area served by the center.

L.

Project. A development proposal by one or more applicants involving a single structure or series of structures, under one development application.

(Ord. No. 348.4737, § 3, 2-7-12)

In order for the applicable hearing body to approve a mixed use overlay zone for a project in Districts 1, 2 or 4, the following findings shall be made:

A.

The project is consistent with the applicable District 1, 2 or 4 Refinement Plan(s).

B.

The project integrates with neighboring uses in terms of vehicular connections, pedestrian connections on- and off-street, architectural styles, and landscaping.

C.

The project is designed to a human scale.

D.

Efforts have been adequately made so that parking areas have been located where they can be conveniently and safely accessed and not interfere with pedestrian activity.

E.

Parking does not dominate the street frontage and is screened appropriately.

F.

The project is complimentary to a mix of uses and blends with surrounding developments.

G.

Uses and structures are sited and designed to complement one another.

(Ord. No. 348.4737, § 3, 2-7-12)

A.

The uses permitted in Mixed Use Overlay Zone 1 (MUOZ 1) for Planning Areas 1-4, 2-12, 2-13, 2-14, 2-15, 2-16, 4-2, 4-4, 4-5, 4-6, 4-7 and 4-8 of Specific Plan No. 375 shall be the same as those uses permitted pursuant to Section 2.e of this Ordinance. In addition, the following uses shall be permitted provided a plot plan is approved pursuant to Section 18.30 of Ordinance No. 348: Dance halls; dance schools; sale, rental, repair or demonstration of motorcycles, scooters, and motorbikes; utilities, both public and private; and wholesale businesses with samples on the premises but not including storage; boat and other marine sales; equipment rental services, including rototillers, power mowers, sanders, power saws, cement and plaster mixers not exceeding ten (10) cubic feet in capacity and other similar equipment; feed and grain sales, including outside storage; fishing and casting pools; and labor temples.

In addition, the following uses shall be permitted provided a conditional use permit has been approved pursuant to Section 18.28 of Ordinance No. 348: Ambulance services; body and fender shops and spray painting; building materials sales yards; drive-in theaters; heliports; lumber yards, including only incidental mill work; mortuaries; swap meets; and underground bulk fuel storage.

B.

The development standards for one-family dwellings within the MUOZ 1 for Planning Areas 1-4, 2-12, 2-13, 2-14, 2-15, 2-16, 4-2, 4-4, 4-5, 4-6, 4-7 and 4-8 of Specific Plan No. 375 shall be the same as those standards for one-family dwellings identified in the Mixed Use Base Zone.

C.

The development standards for multiple family dwellings within the MUOZ 1 for Planning Areas 1-4, 2-12, 2-13, 2-14, 2-15, 2-16, 4-2, 4-4, 4-5, 4-6, 4-7 and 4-8 of Specific Plan No. 375 shall be the same as those standards for multiple family dwelling identified in the Mixed Use Base Zone.

D.

The development standards for walkable commercial uses within the MUOZ 1 for Planning Areas 1-4, 2-12, 2-13, 2-14, 2-15, 2-16, 4-2, 4-4, 4-5, 4-6, 4-7 and 4-8 of Specific Plan No. 375 shall be the same as those standards for walkable commercial uses identified in the Mixed Use Base Zone.

E.

The development standards for vertical mixed use projects within the MUOZ 1 for Planning Areas 1-4, 2-12, 2-13, 2-14, 2-15, 2-16, 4-2, 4-4, 4-5, 4-6, 4-7 and 4-8 of Specific Plan No. 375 shall be the same as those standards identified in Article IX, Section 9.4 and Article XVIII, Section 18.5, except that the development standards set forth in Article IX, Section 9.4 b. and c; and those development standards set forth in Article XVIII, Section 18.5 b., c., e., i., and k. shall be deleted and replaced by the following:

(a)

The maximum vertical mixed use building height shall be seventy-five (75) feet.

(b)

There shall be no minimum yard requirements for vertical mixed use structures, except where adjacent to a Residential Planning Area or a residential building or development within a Mixed Use Planning Area, in which case a minimum fifteen (15) foot rear and/or side yard shall be required. For such vertical mixed use structures over forty (40) feet in height, an additional foot of rear and/or side yard shall be added for each foot above forty (40) feet.

(c)

The maximum ration of floor area to lot area (i.e., FAR) shall not be greater than three to one (3:1), not including basement floor area.

(d)

The minimum private yard open space per residential unit within a vertical mixed use structure shall be fifty (50) square feet, with a minimum dimension in any direction of six feet. Roof top open space may be used as private yard space when directly accessible to the unit(s) it serves.

(e)

No multiple family dwelling shall be constructed within a vertical mixed use structure unless it has a minimum floor living area of not less than seven hundred fifty (750) square feet. Porches, garages, patios, and similar features, whether attached or detached to a dwelling, shall not be included when calculating the floor living area.

(f)

At least one vertical mixed use structure on each block shall be required to use a design-related architectural projection.

(g)

A minimum of sixty (60) percent of vertical mixed use street-facing building façades between two feet and eight feet in height shall be comprised of windows that allow views of indoor space or product display areas.

(h)

Vertical mixed use buildings must have a primary entrance door facing a public sidewalk. Entrances at building corners may be used to satisfy this requirement.

(i)

Vertical mixed use building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses.

(j)

Residential structures may place residential uses on the ground floor of a structure provided said structure is contiguous to a nonresidential ground floor use.

F.

The following findings shall be made for all projects within MUOZ 1, in addition to those referenced in section 17.115.110 of this chapter:

(a)

MUOZ 1 projects shall establish and maintain strong pedestrian connections to neighboring compatible development including parks and schools, to ensure a fully green and sustainable pedestrian environment.

(b)

MUOZ 1 projects provide usable public and private open spaces, including but not limited to plazas in commercial areas that enhance commercial activity.

(c)

Residential land uses, exclusive of vertical mixed use projects, shall not comprise more than fifty (50) percent of the total MUOZ 1.

(Ord. No. 348.4737, § 3, 2-7-12)

A.

The uses permitted in Mixed Use Overlay Zone 2 (MUOZ 2) of Planning Areas 1-4, 2-12, 2-13, 2-14, 2-15, 2-16, 4-2, 4-4, 4-5, 4-6, 4-7 and 4-8 of Specific Plan No. 375 shall be the same as those uses permitted pursuant to section 17.168.810 of this title. In addition, the following uses shall be permitted provided a plot plan is approved pursuant to Section 18.30 of Ordinance No. 348: Dance halls; dance school; manufacturing of grain and bakery products, sugar and confectionary products, nonalcoholic beverages, ice, and furniture and fixtures including cabinets, partitions, and similar items ; printing and publishing of newspapers, periodicals, books, forms, cards, and similar items; binding of books and other publications; manufacturing of clothing and accessory products, handbags, luggage, footwear and other personal leather goods; manufacturing of pharmaceuticals including research, blown, pressed and cut glass and other glassware products; manufacturing of jewelry including repair, electronic devices, equipment and components including assembly testing and repair; vehicle storage and impoundment within an enclosed building; trailer, recreational vehicle, and boat storage within an enclosed building; manufacture and repair of engineering, scientific and medical instrumentation; public utility substations and storage buildings; warehousing and distribution, including mini-warehouses; communication and microwave installations; cold storage facilities; telephone exchanges and switching equipment; post offices; water and gas company service facilities; parcel delivery services; recycling collection facilities; banks and financial institutions; blueprint and duplicating services; laboratories, film, medical, research, or testing centers; office equipment sales and service; offices, professional sales and service, including business, law, medical, dental, chiropractic, architectural and engineering; parking lots and parking structures; restaurants and other eating establishments; barber and beauty shops; day care centers; health and exercise centers; mobilehomes, provide they are kept mobile and licensed pursuant to state law, when used for construction offices and caretaker's quarters on construction sites for the during of a valid building permit; one-family dwellings on the same parcel as the industrial or commercial use provided such dwellings are occupied exclusively by the proprietor or caretaker of the use and their immediate families; signs, on-site advertising; automobile service stations, not including the concurrent sale of beer and wine for off-premises consumption; motels; churches, temples, or other structures used primarily for religious worship; labor temples; sale, rental, repair, or demonstration of motorcycles, scooters, and motorbikes; utilities, both public and private; warehousing and distribution; and wholesale businesses with samples on the premises but not including storage; boat and other marine sales; equipment rental services, including rototillers, power mowers, sanders, power saws, cement and plaster mixers not exceeding ten (10) cubic feet in capacity and other similar equipment; feed and grain sales, including outside storage; fishing and casting pools; mobile home sales and storage, trailer sales and rental house trailers; recreational vehicle parks; travel trailers, motor homes and recreational vehicles sales and service; truck and trailer sales, rentals and service.

In addition, the following uses shall be permitted provided a conditional use permit has been pursuant to Section 18.28 of Ordinance No. 348: Body and fender shops and spray painting; building materials sales yards; heliports; hunting clubs, skeet, trap, rifle and pistol ranges; lumber yards, including only incidental mill work; mortuaries; swap meets; tire recapping; trailer and boat storage; and underground bulk fuel storage. The development standards for one-family dwellings within the MUOZ 2 for Planning Areas 1-4, 2-12, 2-13, 2-14, 2-15, 2-16, 4-2, 4-4, 4-5, 4-6, 4-7 and 4-8 of Specific Plan No. 375 shall be the same as those standards for one-family dwellings identified in the Mixed Use Base Zone.

B.

The development standards for multiple family dwellings, within the MUOZ 2 for Planning Areas 1-4, 2-12, 2-13, 2-14, 2-15, 2-16, 4-2, , 4-4, 4-5, 4-6, 4-7 and 4-8 of Specific Plan No. 375 shall be the same as those standards for multiple family dwellings identified in the Mixed Use Base Zone.

C.

The development standards for walkable commercial uses within the MUOZ 2 of Planning Areas 1-4, 2-12, 2-13, 2-14, 2-15, 2-16, 4-1, 4-2, 4-4, 4-5, 4-6, 4-7, and 4-8 of Specific Plan No. 375 shall be the same as those standards for walkable commercial uses identified in the Mixed Use Base Zone.

D.

The development standards for commercial, industrial, and horizontal and vertical mixed use projects within the MUOZ 2 for Planning Areas 1-4, 2-12, 2-13, 2-14, 2-15, 2-16, 4-2, 4-4, 4-5, 4-6, 4-7 and 4-8 of Specific Plan No. 375 shall be the same as those standards identified in Article IX, Section 9.4 and Article XVIII, Section 18.5, except that the development standards set forth in Article IX, Section 9.4. b. and c. and the development standards set forth in Article XVIII, Section 18.5. b., c., e., i. and k. shall be deleted and replaced by the following:

(a)

The maximum commercial, industrial and horizontal and vertical mixed use building heights shall be seventy-five (75) feet.

(b)

There shall be no minimum yard requirements for commercial, industrial and horizontal and vertical mixed use structures, except where adjacent to a Residential Planning Area or a residential building or development within a Mixed Use Planning Area, in which case a minimum fifteen (15) foot rear and / or side yard shall be required. For such commercial, industrial and horizontal and vertical mixed use structures over forty (40) feet in height, an additional foot of rear/side yard shall be added for each foot above forty (40) feet.

(c)

The maximum ratio of floor area to lot area (i.e., FAR) shall not be greater than three to one (3:1), not including basement floor area.

(d)

The minimum private usable yard space per residential unit within a vertical mixed use structure shall be fifty (50) square feet, with a minimum dimension in any direction of six feet. Roof top space may be used as private yard space when directly accessible to the unit(s) it serves.

(e)

No multiple family dwelling shall be constructed within a vertical mixed use structure unless it has a minimum floor living area of not less than seven hundred fifty (750) square feet. Porches, garages, patios, and similar features, whether attached or detached to a dwelling, shall not be included when calculating the floor living area.

(f)

At least one nonresidential structure on each block shall be required to use a design-related architectural projection.

(g)

A minimum of sixty (60) percent of nonresidential street-facing building façades between two feet and eight feet in height must be comprised of clear windows that allow views of indoor space or product display areas.

(h)

Commercial, office, light industrial, and horizontal and vertical mixed use buildings must have a primary entrance door facing a public sidewalk. Entrances at building corners may be used to satisfy this requirement.

(i)

Vertical mixed use building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses.

(j)

Vertical mixed use buildings may place residential uses on the ground floor of a structure provided said building is contiguous to a nonresidential ground floor use.

E.

These findings must be made for all projects within MUOZ 2, in addition to those referenced in section 17.115.110 of this chapter:

(a)

MUOZ 2 projects shall establish and maintain strong pedestrian connections to neighboring compatible development including parks and schools, to ensure a fully green and sustainable pedestrian environment.

(b)

Residential land uses, exclusive of vertical mixed use projects, shall not comprise more than fifty (50) percent of the total MUOZ 2.

(Ord. No. 348.4737, § 3, 2-7-12)

A.

The uses permitted in Mixed Use Overlay Zone 3 (MUOZ 3) of Planning Areas 1-4, 2-12, 2-13, 2-14, 2-15, 2-16, 4-2, 4-4, 4-5, 4-6, 4-7 and 4-8 of Specific Plan No. 375 shall be the same as those uses permitted in section 17.168.810 of this title. In addition, the following uses shall be permitted provided a plot plan is approved pursuant to Section 18.30 of Ordinance No. 348: Automobile sales and rental agencies; campgrounds; cell towers concealed by architectural features or similar structures; dance halls; dance schools; entertainment venues and night clubs; labor temples; picnic grounds; racing and competition events other than between humans; rock climbing walls; sale, rental, repair, or demonstration of motorcycles, scooters, and motorbikes; utilities, both public and private; boat and other marine sales; fishing and casting pools; mobile home sales and storage; trailer sales and rentals; recreational vehicle parks; recreational vehicles sales, rentals and service; truck rentals.

In addition, the following uses shall be permitted provided a conditional use permit has been approved pursuant to Section 18.28 of Ordinance No. 348: Amusement parks; body and fender shops and spray painting; drive-in theaters; heliports; hunting clubs, skeet, trap, rifle and pistol ranges; riding academies and stables; trailer and boat storage; and swap meets.

B.

The development standards for one-family dwellings within the MUOZ 3 for Planning Areas 1-4, 2-12, 2-13, 2-14, 2-15, 2-16, 4-2, 4-4, 4-5, 4-6, 4-7 and 4-8 of Specific Plan No. 375 shall be the same as those standards for one-family dwellings identified in the Mixed Use Base Zone.

C.

The development standards for multiple family dwellings within the MUOZ 3 for Planning Areas 1-4, 2-12, 2-13, 2-14, 2-15, 2-16, 4-2, 4-4, 4-5, 4-6, 4-7 and 4-8 of Specific Plan No. 375 shall be the same as those standards for multiple family dwellings identified in the Mixed Use Base Zone.

D.

The development standards for walkable commercial uses within the MUOZ 3 for Planning Areas 1-4, 2-12, 2-13, 2-14, 2-15, 2-16, 4-2, 4-4, 4-5, 4-6, 4-7, and 4-8 of Specific Plan No. 375 shall be the same as those standards for walkable commercial uses identified in the Mixed Use Base Zone.

E.

The development standards for commercial entertainment uses authorized by the MUOZ 3 or vertical mixed use projects within the MUOZ 3 for Planning Areas 1-4, 2-12, 2-13, 2-14, 2-15, 2-16, 4-2, 4-4, 4-5, 4-6, 4-7 and 4-8 of Specific Plan No. 375 shall be the same as those standards identified in Article IX, Section 9.4 and Article XVIII, Section 18.5, except that the development standards set forth in Article IX, Section 9.4. b. and c. and those development standards set forth in Article XVIII, Section 18.5. b., c., e., i. and k. shall be deleted and replaced by the following:

(a)

The height of commercial entertainment or vertical mixed use buildings shall not exceed a maximum height of one hundred fifty (150) feet.

(b)

There shall be no minimum yard requirements for commercial entertainment or vertical mixed use buildings, except where adjacent to a Residential Planning Area or a residential building within a Mixed Use Planning Area, in which case a minimum fifteen (15) foot rear and/or side yard shall be required. For vertical mixed use buildings over forty (40) feet in height, an additional foot of rear/side yard shall be added for each foot above forty (40) feet.

(c)

The maximum ration of floor area to lot area (i.e., FAR) shall not be greater than four to one (4:1), not including basement floor area.

(d)

The minimum private usable yard space per residential unit within a vertical mixed use building shall be fifty (50) square feet, with a minimum dimension in any direction of six feet. Roof top space may be used as private yard space when directly accessible to the unit(s) it serves.

(e)

No multiple family dwelling shall be constructed within a vertical mixed use building unless it has a minimum floor living area of not less than seven hundred fifty (750) square feet. Porches, garages, patios, and similar features, whether attached or detached to a dwelling, shall not be included when calculating the floor living area.

(f)

At least one nonresidential structure on each block shall be required to use a design-related architectural projection.

(g)

A minimum of sixty (60) percent of nonresidential street-facing building façades between two feet and eight feet in height must be comprised of windows that allow views of indoor space or product display areas.

(h)

Commercial entertainment and vertical mixed use buildings must have a primary entrance door facing a public sidewalk. Entrances at building corners may be used to satisfy this requirement.

(i)

Commercial entertainment and vertical mixed use building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses.

(j)

Vertical mixed use buildings may have residential uses on the ground floor of the building provided said building is contiguous to a nonresidential ground floor use.

F.

The following findings shall be made for all projects within MUOZ 3, in addition to those findings referenced in section 17.115.110 of this chapter:

(a)

MUOZ 3 projects shall establish and maintain strong pedestrian connections to neighboring compatible development including parks and schools, to ensure a fully green and sustainable pedestrian environment.

(b)

Residential land uses, exclusive of vertical mixed use projects, shall not comprise more than fifty (50) percent of the total MUOZ 3 Zone.

(Ord. No. 348.4737, § 3, 2-7-12)