The Commercial General Mixed-Use (CGMU) District is intended to provide neighborhood- and region-serving retail, housing, offices, dining, hotels, entertainment, and other compatible uses that foster a walkable mixed-use district.

(Ord. No. 749, § 3A(Exh. A-1), 7-9-2024)

A.

Principal Uses. Table 30-A indicates the classes of uses permitted (P), not permitted (N), permitted under a conditional use permit (C), permitted under an administrative use permit (AP), and permitted under a special event permit (SEP) in the district. An asterisk (*) indicates that a use is permitted subject to specific development or operational standards outlined in Section 17.30.060 (Special Development Standards) of this chapter.

B.

Review Procedure.

1.

Uses listed in Table 30-A as permitted (P) are permitted ministerially. All required state and county licenses must be obtained for the respective use, applicable parking requirements must be met, and the business is subject to the City's business license requirements set forth in Title 5 of this Code.

2.

Uses listed in Table 30-A as subject to an administrative use permit (AP) are subject to the following permit procedure:

a.

The director may grant administrative use permits for uses that are found to be consistent with the general plan, do not conflict with any other provisions of this Code, and that may require unique conditions of approval to ensure the operation of the respective use does not adversely affect surrounding properties, or the property of the applicant.

i.

Procedure.

1.

Application for an administrative use permit (AP) must be made to the department, in writing, on department-approved forms, and accompanied by the applicable fee.

2.

Notice of the application must be given to all owners of adjacent properties by first-class mail at least ten days prior to the rendering of a decision by the director. After receiving a request for an AP for any of those uses classified as AP in Table 30-A, the director will either grant, deny, or grant with conditions, the application. The applicant and all owners of adjacent property will be mailed a copy of the director's decision. The decision will be final unless appealed by an aggrieved person within twenty calendar days of the date of the mailing of the decision.

3.

If an appeal is filed with the planning commission, the commission will review the decision of the director at its next regular meeting at least ten calendar days after the appeal is filed. Notice of the meeting must be mailed to all adjacent property owners. The commission, upon reviewing the record of the proceedings before the director and the appeal, will either sustain, overturn or modify the director's decision. Notice of the commission's decision will be mailed to both the applicant and the appellant. The decision of the commission will be final unless appealed to the city council by an aggrieved person or appealed by the city council on its own motion, within twenty calendar days of the decision.

4.

Except when appeal is an action of the city council, appeal to the city council must be in writing and must be accompanied by the applicable appeal fee. The city council will review the decision of the commission at its next regular meeting at least ten calendar days after the appeal is filed. Notice of the meeting must be sent to all adjacent property owners. The city council, upon reviewing the record of the proceedings before the commission, will either sustain, overturn, or modify the decision of the commission. The decision of the city council will be final. Notice of the council's decision will be mailed to the applicant and the appellant by the city clerk within ten calendar days of the decision.

3.

Uses classified as conditionally permitted (C) in Table 30-A are subject to the requirements in Chapter 17.68 (Conditional Use Permit).

4.

Uses classified as permitted under a special event permit (SEP) in Table 30-A are subject to the requirements in Chapter 17.78 (Special Event Permits).

(Ord. No. 749, § 3A(Exh. A-1), 7-9-2024)

The following uses are expressly prohibited in the CGMU District:

A.

Drive-in or drive-through food facilities.

B.

Industrial uses, except to the limited extent permitted under Section 17.30.020, Table 30-A.

C.

Single-Family detached homes.

D.

Any use not specifically permitted by Section 17.30.020, Table 30-A, is prohibited, and no commercial uses are allowed outside of a building unless indicated as an outdoor use in Table 30-A.

(Ord. No. 749, § 3A(Exh. A-1), 7-9-2024)

A.

General Standards. Table 30-B and 30-C establish the general development standards applicable to all uses in the commercial general mixed-use district.

(a)

In all cases, minimum setback of ten feet from curb face. Fourth stories require additional setbacks as provided in Section 17.30.040(b).

(b)

Setback may be reduced to zero feet if the structure is attached to a building abutting on lot or if no building on an abutting lot is within five feet of property line.

(c)

Setback may be reduced to zero feet for subterranean levels and walls; above-ground portions subject to setback requirements of primary buildings.

(d)

An accessory structure is limited to sixteen feet in height.

(e)

Elevator and mechanical equipment penthouses will not be included in the measurement of height for commercial buildings.

(f)

Rooftop solar collectors and associated supporting structures may exceed the applicable height limit only if necessary for the sole purpose of solar collection, and not otherwise installed on any occupiable areas of the roof.

(g)

The minimum required loading area may not be less than ten feet in width and twenty-five feet in length, must have an unobstructed height of not less than fourteen feet, and be accessible from a street, highway, or alley.

(h)

The requirement fora wall may be waived by the planning commission if at the time of the precise plan of design review, it is satisfied that the necessary separation is provided by grade separation of additional yard depth.

(i)

For any use requiring a conditional use permit, parking in excess of the minimum requirements may be required by the planning commission to provide adequate parking for the conditionally permitted use.

(j)

These requirements apply only to new subdivision of existing parcels.

(k)

Emergency shelters are exempt from this requirement and Single Room Occupancy (SRO) minimum lot area is one-half (0.5) acre.

(l)

Non-residential development is eligible to apply for building height greater than fifty feet and less than or equal to sixty feet or five stories through a Conditional Use Permit application, as outlined in Chapter 17.68.

(a)

In all cases, a minimum setback of ten feet from curb face. Fourth stories require additional setbacks as outlined in Section 17.30.040.B and the applicable Objective Design Standards adopted by the city council.

(b)

Subject to the applicable Objective Design Standards under Section 17.30.070.

(c)

Application for an increase in maximum coverage ratio, building height, or number of residential units, or a decrease in any other applicable development standards may be made, in compliance with the provisions of Sections 17.30.080 through 17.30.090.

(d)

Setback may be reduced to zero feet for subterranean levels and walls; above-ground portions subject to setback requirements of primary buildings.

(e)

An accessory structure is limited to sixteen feet in height.

(f)

Elevator and mechanical equipment penthouses will not be included in the measurement of height for residential and residential mixed-use buildings.

(g)

Rooftop solar collectors and associated supporting structures may exceed the applicable height limit only if necessary for the sole purpose of solar collection and are not otherwise installed on any occupiable areas of the roof.

(h)

Additional standards in Special Development Standards, Section 17.30.060.

(i)

At least one common usable outdoor open space area must be provided. Up to fifty percent of the open space requirement may be provided as indoor common recreational and social areas. Dining rooms may satisfy a portion of the open space requirement only if they are available for use by residents at all times.

(j)

For any use requiring a conditional use permit in a residential mixed-use project, parking in excess of the minimum requirements may be required by the planning commission to provide adequate parking for the conditionally permitted use.

(k)

Accessory dwelling units are permitted, subject to the requirements of Chapter 17.56.

(l)

Emergency shelters are exempt from this requirement.

B.

Building Height. The height of all buildings will be limited as indicated in Tables 30-B and 30-C. Upper story setbacks are required as follows:

1.

Properties fronting public rights-of-way ≤ sixty feet in width.

a.

Primary and secondary street: Building height of 37.5 feet, or three stories, may be located five feet from property lines, but in no case less than ten feet from curb face. A fourth story or portions of the building envelope that exceed 37.5 feet in height must have an additional setback from any street-facing property line so that no portion of any upper building envelope intercepts a plane having an angle of forty-five degrees from the horizontal toward the interior of the lot. This plane must originate at the intersection of the street-facing building facade and roofline of the third story or 37.5 feet in height.

b.

Non-residential development. Building height > fifty feet and ≤ sixty feet in height or a fifth story are subject to the procedures outlined in Chapter 17.68. A fifth story or portions of the building envelope that exceed the maximum prescribed building height in B.1(a) of this section, must have an additional setback from any street-facing property line so that no portion of any upper building envelope intercepts a plane having an angle of forty-five degrees from the horizontal toward the interior of the lot. This plane must originate at the intersection of the street-facing building facade and roofline of the third story or 37.5 feet in height.

2.

Properties fronting public rights of way > sixty feet in width.

a.

Primary and secondary street: Maximum building height of fifty feet or four stories may be located five feet from property lines, but in no case less than ten feet from curb face.

b.

Non-residential development. Building height > fifty feet and ≤ sixty feet in height or a fifth story are subject to procedures outlined in Chapter 17.68. A fifth story or portions of the building envelope that exceed the maximum prescribed building height in B.2(a) of this section, must have an additional setback from any street-facing property line so that no portion of any upper building envelope intercepts a plane having an angle of forty-five degrees from the horizontal toward the interior of the lot. This plane must originate at the intersection of the street-facing building façade and roofline of the fourth story or fifty feet in height.

C.

Yards. The yard areas indicated in Subsections 17.30.040.C.1 through 17.30.040.C.4 must be clear of all structures from the ground to the sky (except as otherwise permitted).

1.

Required. Yard areas must be provided as indicated in Tables 30-B and 30-C.

2.

Corner Cutoffs. Corner cutoffs, as provided in Section 12.08.040 are required in all commercial mixed-use districts at all intersecting streets and driveways. Nothing may be erected or allowed to grow within the corner cutoff in such a manner which impedes access or visibility up to eight feet in height. Required corner cutoffs must be a minimum of ten feet by ten feet.

3.

Permitted Structures. No structures are permitted in required yards, except:

a.

Signs, as specified in Chapter 17.60, relating to on-premises signs;

b.

Outdoor dining;

c.

Vehicle parking as allowed by Table 30-B or 30-C;

d.

Vehicle loading in street frontage setbacks as provided in Table 30-B or 30-C;

e.

Awnings as allowed by the Uniform Building Code.

4.

Required Landscaping. All required yard areas, except those yards used for outdoor dining, must contain an area not less than five feet in depth, along the street-facing property lines, planted with trees, shrubs or groundcover. Additional applicable landscape requirements are in Chapter 17.59.

a.

Surface Parking Lots. Surface parking lots must contain a minimum six-foot-deep landscaping setback area that must be provided along the street-facing edge of all parking, driveways, and service areas. A minimum of twenty percent of the total surface parking area must be landscaped in accordance with Chapter 17.59, including at least one tree per two hundred square feet of total area between the property line and the face of the curb of the parking area must be provided. Trees must be 15-gallon size minimum.

b.

Street Trees. New development must provide street trees within the public right-of-way in a linear row pattern at an interval between twenty to forty feet on all street facades. The location of all trees may not impede the minimum width of the public sidewalk required to accommodate the American with Disabilities Act and must be in compliance with the applicable provisions of Chapter 17.59 and Chapter 12.20.

D.

Screening Required.

1.

General. The following required screening applies in all commercial and residential mixed-use developments.

a.

Open Storage. Open storage is prohibited. Certain merchandise is permitted to be displayed outdoors for sale or rent as provided in Table 30-A and Table 28-A (17.28.020).

b.

Parking Lots. All parking lots must maintain a planted edge of at least six feet between the parking lot and the sidewalk and contain light standards as provided in Section 17.40.140 and Chapter 17.42.

c.

Adjacent to Single-Family Residential Districts. All commercial uses adjoining or abutting a single-family residential district must be screened by a solid fence or wall not less than six feet in height, except in the front yard of the residential lot, where the fence or wall must be three feet in height.

d.

Parking structures. All sides of a parking structure abutting a public street must be screened by trees, vines or other decorative screening approved by the director.

2.

Mechanical Equipment on Rooftops. The following restrictions are required for the aesthetic quality of the CGMU District and to ensure the security of each building.

a.

Required. In all commercial and mixed-use zones, rooftop mechanical equipment, except solar collectors and rain gutters, must be screened on all sides by screening not less than the height of the equipment being screened.

b.

Secured. All rooftop mechanical equipment must be secured from unauthorized entry to the satisfaction of the building official.

c.

Materials. All rooftop mechanical equipment screening devices must be of a material requiring a low degree of maintenance. Wood may generally not be utilized unless it can be shown that proper maintenance will occur. All screening devices must be well integrated into the design of the building through such items as parapet walls continuous with the walls of the structure, false roofs, or equipment rooms. Louvered designs are acceptable if consistent with the building design style.

d.

Substitutions. Well-planned, compact, architecturally integrated rooftop equipment may be substituted for screening with the approval of the director.

E.

Review Process.

1.

Commercial Development. Nonresidential development projects, including uses classified as group living quarters (general care facilities, residential care facilities for the elderly, and skilled nursing facilities) are subject to the precise plan of design procedures in Chapter 17.58 for projects that include exterior alterations to parking areas, building exteriors, substantial grading or filling, construction of new structures, or addition of floor area to any existing structures.

2.

Residential and Residential Mixed-Use. Residential and residential mixed-use development projects that comply with the underlying zoning requirements and general plan requirements will be reviewed in one of the following ways:

a.

Projects that propose bonus level development in exchange for community amenities or benefits will be subject to the procedures set forth in Section 17.30.80 through 17.30.90 and Chapter 17.58.

b.

Projects that propose residential or residential mixed use, including projects seeking a density bonus under Chapter 17.76 are subject to the objective design standards and conformity review procedures in Section 17.30.070. Non-residential uses included in mixed-use development projects are subject to the procedures in Section17.30.020, Table 30-A, and subject to applicable parking requirements in Table 30-B and/or Chapter 17.40.

(Ord. No. 749, § 3A(Exh. A-1), 7-9-2024)

A.

Solid Waste and Recycling Service Area Siting. The following requirements are applicable to all properties within the CGMU.

1.

Solid waste and recycling collection areas and bins must be incorporated into parking areas inside buildings or enclosed by a screen wall of durable material. Planting must screen views from streets, pedestrian areas, and neighboring properties.

2.

Solid waste and recycling collection areas and bins must be located no more than thirty-five feet from the vehicle access point and the slope of the access path leading to the collection area may be no greater than five percent in the direction of travel and two percent in the cross slope.

3.

Any application for a new building must have all proposed solid waste/recycling storage capacity and collection locations reviewed and approved by the city's solid waste/recycling service provider.

B.

Services and Utilities. The following requirements are applicable to all properties within the CGMU.

1.

Where ground-level utilities and mechanical equipment is required to be in the front yard or between a building and the public right-of-way, at least three of the following measures must be provided:

a.

Group above-ground utilities and mechanical equipment.

b.

Orient equipment to be perpendicular to the sidewalk and not parallel, as to result in a slimmer profile from street view.

c.

Set equipment below grade with solid or grated coverings.

d.

Install walls, fences, or screens using design features, materials, and colors used in the main structure.

e.

Raise the existing grade around the equipment with a berm or earthwork.

f.

Provide U-shaped plantings of shrubs that grow at least as high as the equipment without preventing maintenance access.

g.

Design recesses in the building wall that provide space for equipment set back from the public right-of-way.

h.

Paint equipment black or dark green to reduce their visibility.

2.

Utility Meters. Located utility meters in service, loading, or screened areas. Exterior surface mounted utility boxes visible from the public right-of-way are prohibited. Utility meters must be painted to match the color of the building face to which they are attached.

3.

Location of Electrical Transformers and Generators. If undergrounding is not feasible, at least one of the following measures must be employed:

a.

Enclose equipment within the building.

b.

Place equipment behind the build and screen with walls, fences, or other screens that contain design features, materials, and colors related to the main structure. The height of the screening walls must at least be as tall as the mounted height of the transformer/generator.

c.

A solid enclosure with screening walls must be located adjacent to the building wall and be at least as tall as the mounted height of the transformer/generator and any associated ventilation equipment.

4.

Screening of Backflow Preventers. Backflow preventers (BFP) must be screened from view using one or more of the design approaches below:

a.

Consolidate all BFP components in a single location within ten feet of the side property line.

b.

Screen BFP with a hedge of English Boxwood, Coyote Brush, Morning Glory, Rockrose, Lavender, or other visually dense and water-wise species at least four feet tall and surrounding BFP on street-facing frontage and two other sides, while maintaining required access for maintenance.

c.

Install a wall, fence, or screen around three sides of BFP displaying materials, colors or design features used in the principal building.

d.

Paint all BFP components black or dark green.

C.

Stormwater Management. All building and site designs must provide stormwater treatment measures that meet the requirements of Chapter 8.38.

(Ord. No. 749, § 3A(Exh. A-1), 7-9-2024)

The following uses are permitted as provided in Section 17.30.020, Table 30-A, subject to the following standards:

A.

Day nurseries, day care centers, nursery schools, preschools, childcare centers, and similar uses for daytime care and education of a limited number of persons.

1.

The hours of operation will be limited to the hours between 6:00 a.m. and 8:00 p.m.

B.

Emergency Shelters. Emergency shelters are permitted subject to the following standards:

1.

General Development Standards. The facility must conform to the property development standards of Section 17.30.040, Table 30-B and Table 30-C, with exceptions noted in the respective table of standards that do not apply to emergency shelters.

2.

Maximum Number of Persons/Beds. The facility may not contain more than fifteen beds or serve more than fifteen homeless persons at any one time. A minimum of fifty square feet of personal space must be allocated to each client bed and private storage area, or as may be required by city building and fire code requirements.

3.

On-site Parking. One space for each two hundred square feet of area to be leased, but not less than a minimum of two spaces for each shelter.

4.

Client Intake Area. If the intake of clients occurs on-site, an enclosed or waiting area must be provided of sufficient size to avoid any outside queuing.

5.

Management Plan. The proposed emergency shelter provider must submit to the director a written management plan for approval that addresses the following:

a.

The separation of individual male and female sleeping areas, and the provision of family sleeping areas.

b.

Good neighbor issues, including specific measures to minimize resident congregation in the vicinity of the facility during any hours that residents are not allowed inside the facility. Specific goals and objectives are to be established to avoid the disruption of and interference with adjacent and nearby uses.

c.

The system of management for daily admittance and discharge procedures.

d.

All screening processes of potential residents for admittance eligibility, including procedures and policies for screening of potential residents to identify individuals who should be referred to medical facilities, residential care facilities, other service agencies, or law enforcement.

e.

Any counseling programs that are to be provided with referrals to outside assistance agencies, and the provision of an annual report on a facility's activity to the city.

f.

Staffing plans, including the qualifications and responsibilities of all staff members and the number and positions of employees on each shift. A contact phone number for the person in charge when the shelter is operating must be provided at all times.

g.

Lighting, video cameras, fencing, and any other physical improvements and security intended to provide or enhance security for residents and staff.

h.

Transportation issues and the provision of any food services to residents only.

6.

Annual Report. The operator of the facility must provide the city with an annual report of the operation and use of the facility that demonstrates compliance with the requirements of this Code section.

7.

Proximity to Other Shelters. No more than one emergency shelter is permitted within a radius of three hundred feet from another emergency shelter.

C.

Indoor animal adoption and boarding. The following special development standards apply to businesses involving indoor animal adoption and boarding uses by right or requiring an administrative use permit under Section 17.30.020.B:

1.

Location. The site must not adjoin or abut a residential use district. (A use providing ground floor mixed-use commercial and residential is exempt from this requirement.)

2.

Size. Adoption and boarding areas must remain an accessory component of the established primary operation and may not exceed fifty percent of the gross floor area.

3.

Building Improvements.

a.

The facility must be improved with sound abatement measures to ensure compliance with Chapter 8.32 (Noise). Written documentation by a licensed acoustical engineer must be provided to demonstrate compliance with the city's noise regulations, subject to the approval of the director.

b.

Impervious flooring surfaces and floor drains must be incorporated in the areas dedicated for recreation or boarding of animals. Operations involving the care of cats are exempt from providing floor drains.

c.

Facilities must be temperature-controlled with a heating, ventilation, and air conditioning (HVAC) system meeting all current building codes.

d.

Facilities incorporating the handling, preparation, or sale of food or beverages must be designed in accordance with the applicable provisions of Title 8 (Health and Safety) of this Code.

4.

Operations.

a.

All business activities must be confined within an enclosed building.

b.

Operations and care of animals must be in compliance with the applicable provisions of Title 6 (Animals) of this Code.

c.

The number of animals will be limited to a minimum area of seventy-five square feet of floor area per animal.

d.

The operator must clean all recreational and boarding areas daily and properly dispose of associated animal waste.

D.

Outdoor animal daycare. The following special development standards apply to businesses involving outdoor animal daycare services requiring a Conditional Use Permit:

1.

Review Process. A conditional use permit (CUP) under Chapter 17.68 is required to allow public review and the opportunity to establish appropriate conditions of approval for the operation.

2.

Separation distance. Outdoor dog animal daycare uses must be at least 200 feet from the nearest property zoned or used for residential purposes. (A ground floor mixed-use commercial and residential use is exempt from this requirement.)

3.

Attendant Required. Staff must be in the outdoor area whenever animals are in the outdoor area.

4.

Limitation on the number of animals. The number of animals permitted in the outdoor area must be consistent with the standards set by the American Society for the Prevention of Cruelty to Animals (ASPCA) and must provide a minimum of seventy-five square feet of floor area per animal.

5.

Fencing. Opaque fencing is required to screen all outdoor areas from adjacent uses.

6.

Landscaping. Landscaping must be provided adjacent to the outdoor fencing to allow for planting.

7.

Hours of operation. Outdoor animal daycare hours of operation will be limited to between 7:00 a.m. and 7:00 p.m., Monday through Sunday.

8.

Daily cleaning. The operator must clean all outdoor areas daily and properly dispose of associated animal waste.

E.

Manufacture of products sold on-site. Artisanal and limited-production manufacture of goods is permitted where the impacts of the use (noise, light, odor, temperature, vibration, loading/unloading, storage, etc.) are compatible with the mixed-use setting of this district and do not interfere with the daily operation of adjacent residential and non-residential uses subject to the following standards:

1.

Manufacturing processes that result in vibrations, noise, or emissions inconsistent with residential habitation are prohibited within a residence. This includes, but is not limited to, cabinetry, upholstery, textile dying, welding, and metal fabrication. Such uses may be permitted in a live-work unit consistent with building code standards.

2.

The use is limited to accessory use in live-work/artist studio with residence/shopkeeper units, and basic sales and services uses.

3.

Manufacturing space may not exceed seventy percent of the gross square footage of the basic sales and services use.

4.

All manufacturing and production of products, including storage of materials and completed products, must be conducted within an enclosed structure and may not be located closer than twenty feet to a residential-only use.

5.

When located adjacent to a residential use, provisions must be made to minimize noise, light, and odor impacts on the adjacent residential use. This may include a sound buffering acoustic wall and/or separation by a physical barrier.

6.

Use of outdoor generators is prohibited.

F.

General residential care facilities. General residential care facilities are subject to the following additional development standards:

1.

The total floor area of the facility must average at least four hundred square feet per resident, excluding parking.

2.

The facility may not contain more than twenty beds or serve more than 20 persons at any one time.

3.

Parking requirements are one space per bedroom and two spaces for every five bedrooms for guest and employee parking.

4.

No general residential care facility is allowed to be located within 1,000 feet of the boundaries of a parcel with another such facility.

G.

Single room occupancy (SRO) facilities. Single room occupancy (SRO) facilities are subject to the following additional development standards:

1.

Parcel Size. The maximum permitted parcel size for a SRO facility is one-half acre.

2.

Unit Size. The minimum size of a unit is two hundred fifty square feet and the maximum size of a unit is three hundred fifty square feet.

3.

Occupancy. Each unit must be designed to accommodate a maximum of two individuals.

4.

Common Area. Notwithstanding Section 17.37.040(C), a minimum of ten square feet for each unit or three hundred square feet, whichever is greater, must be provided for a common area. All common area must be within the structure. Dining rooms, meeting rooms, recreational rooms, or other similar areas may be considered common areas. Shared bathrooms and kitchens are not considered common areas.

5.

Bathroom Facilities. Each unit must provide a full bathroom consisting of a tub and shower combination or shower, sink, and a toilet. The bathroom must be separated from the main living space.

6.

Kitchen Facilities. Each unit must provide a kitchen area with a functioning cooking appliance, sink with garbage disposal, refrigerator, and dining table/counter area.

7.

Closet. Each unit must have a separate interior closet.

8.

Laundry Facilities. A shared washer and dryer appliance for residents must be provided on each residential floor.

9.

Management Plan. A management plan must be submitted for review and approval. The management plan must contain the following:

a.

Management policies and operations;

b.

Rental procedures and rates, including tenant screening and low-income residency requirement certification, minimum tenancy of thirty days, and rates affordable to persons of low income;

c.

Maintenance plans;

d.

Residency and guest rules and procedures, including clear standards for grievances, tenant behavior, and evictions;

e.

Security procedures and staffing needs including job descriptions;

f.

Provision for an on-site resident manager (available 24-hours a day) for any SRO facility with ten or more units. The manager may not occupy a SRO unit. A SRO facility with nine units or less must provide a management office on-site.

10.

Parking. Parking (which may be uncovered) must be provided at a ratio of 1.5 spaces per unit.

11.

Separation. A SRO facility may not be located within five hundred feet of any other SRO facility, emergency shelter, or other similar program, unless such program is located within the same building or on the same lot.

H.

Senior independent living facilities, residential care facilities for the elderly, and skilled nursing facilities. Senior independent living facilities, residential care facilities for the elderly, and skilled nursing facilities are subject to the following provisions:

1.

Minimum Separation. No facility with a residential care for the elderly component or skilled nursing component may be located within one thousand five hundred feet of any other facility with either such component as measured from the nearest property line.

2.

Minimum Unit Size.

a.

For senior independent living facilities, the following minimum unit sizes are required:

i.

Studio units: Four hundred square feet.

ii.

One-bedroom units: Five hundred forty square feet.

iii.

Two-bedroom units: Seven hundred square feet.

b.

For residential care facilities for the elderly, minimum individual room size per licensed bed is four hundred square feet, or as required by applicable state law or building codes, whichever is greater. For skilled nursing and dementia/memory care facilities, minimum room size per licensed bed is three hundred square feet or as required by applicable state law or building codes, whichever is greater.

3.

Open Space. A minimum of two hundred square feet per unit (for senior independent living units) or per bed (for residential care facilities for the elderly and skilled nursing facilities) must be provided as open space, which may be provided as private patios/balconies or common areas. At least one common usable outdoor open space area must be provided. Up to fifty percent of the open space requirement may be provided as indoor common recreational and social areas. Dining rooms may satisfy a portion of the open space requirement only if they are available for use by residents at all times.

4.

Parking. Off-street parking, including guest and employee parking, must be provided at the following rate:

a.

Senior Independent Living Units. As required by Section 17.37.040(F) for senior housing.

b.

Residential Care Facilities for the Elderly (excluding memory care/dementia beds). One space per two licensed beds plus one space per two employees on the largest shift.

c.

Skilled Nursing Facilities and Memory Care/Dementia beds. One space per two employees on the largest shift.

The operator must provide a parking management plan demonstrating how peak period demand (e.g., Mother's Day) will be accommodated, which may include shared parking agreements with neighboring properties. In addition, a plan for shuttle transportation to local shopping services for residents of assisted living facilities may be required as determined during project review.

5.

Deviations from these standards for unit size, open space and parking may be approved through the conditional use permit process based on a site-specific analysis. Any other deviation from applicable development standards will require approval of a variance pursuant to Chapter 17.66 of this Code.

6.

When a senior project includes more than one type of facility on the same campus, each component of the project must conform to the development standards applicable to that type of facility.

I.

Vending Machines.

1.

Vending machines are permitted as an accessory use to existing retail sales on a site. Such machines may not obstruct pedestrian access and may not be located within any required parking or landscape area.

J.

Low-Barrier Navigation Centers.

1.

For the purposes of this chapter, a "low-barrier navigation center" has the meaning set forth in Government Code section 65660. Within 30 days of receipt of an application for a low-barrier navigation center development, the department will notify the applicant whether the application is complete pursuant to Government Code section 65943. Within 60 days of receipt of a completed application for a low-barrier navigation center, the director will act upon the application.

2.

Performance Standards.

A low-barrier navigation center must comply with the following standards:

a.

Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

b.

Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as amended, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

3.

Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the California Welfare and Institutions Code.

4.

Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local homeless management information system, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

K.

Supportive Housing.

1.

Definitions. For the purposes of this chapter, the following definitions will apply:

a.

"Supportive housing" has the same meaning as defined in Health and Safety Code section 50675.14.

b

"Supportive services" has the same meaning as defined in Government Code section 65582.

c.

"Target population" the same has meaning as defined in Health and Safety Code section 50675.14.

2.

Supportive housing project must meet criteria in subsection (K)(2). Within thirty days of receipt of an application for a supportive housing project, the department will notify the applicant whether the application is complete pursuant to Government Code section 65943. Within sixty days of receipt of a completed application for a supportive housing project, the director will act upon the application.

3.

Criteria for approval of a supportive housing project. A supportive housing project must meet all of the following criteria:

a.

The project may not exceed fifty units.

b.

The units will be subject to a recorded affordability restriction for at least fifty-five years.

c.

One hundred percent of the units, excluding managers' units, are restricted to lower income households and are or will be receiving public funding to ensure affordability of the housing to lower income households.

d.

At least twenty-five percent of the units or twelve units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than twelve units, then one hundred percent of the units, excluding managers' units, must be restricted to residents in supportive housing.

e.

The applicant provides the department with all of the information required by Government Code section 65652.

f.

Nonresidential floor area must be used for onsite supportive services in the following amounts:

i.

For a development with twenty or fewer total units, at least ninety square feet must be provided for onsite supportive services.

ii.

For a development with more than twenty units, at least three percent of the total nonresidential floor area must be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

g.

The applicant agrees to a condition requiring the replacement of any units in the manner provided in Government Code section 65915(c)(3).

h.

The units, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

i.

The applicant must provide a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to residents in the project, as required by Government Code section 65651, and describing those services, which plan must include all of the following:

i.

The name of the proposed entity or entities that will provide supportive services.

ii.

The proposed funding source or sources for the provided onsite supportive services.

iii.

Proposed staffing levels.

iv.

No minimum parking requirements will be required for the units occupied by supportive housing residents for projects located within one-half mile of a public transit stop.

(Ord. No. 749, § 3A(Exh. A-1), 7-9-2024)

A.

Applicability.

1.

Construction of all new residential and residential mixed-use buildings, as permitted by Section 17.30.020, additions of full or partial floors or additional building height to existing buildings, must conform to the objective design standards (ODS) adopted by the city council. The intent of the ODS is to limit personal or subjective judgment by the department staff. The ODS provide guidance for site design, building design, context sensitivity, and landscaping.

B.

Review Process.

1.

Not less than one hundred eighty days prior to the submittal of any building permit for construction subject to the ODS, the applicant must request conformity review from the department to ensure that the project for which the permit is sought is in conformance with the ODS.

2.

Upon review of the conformity review submittal, the director will determine if the project conforms to the ODS. Within forty-five calendar days of the submittal, the director will provide the applicant with written findings and recommendations. The applicant must consider any recommendations made by the department and must resubmit the project for re-review, if necessary. Within thirty calendar days of the re-submittal, the director will provide the applicant with the written findings and recommendations. All subsequent re-reviews of the submittal will be allotted the same 30-day review.

3.

Should the applicant fail to address the recommendations of the department, the director will not approve the release of any building permit to construct the project. Should the applicant disagree with the recommendations of the department, the applicant may appeal the specific recommendations with which the applicant disagrees to the city council, which will consider the appeal within thirty calendar days. No special public notice to adjacent property owners of the appeal is required.

4.

The conformity review process outlined in this section will be a review of the application of the ODS only and will not include review by other city departments, which review will instead be conducted at the time of building permit submittal.

(Ord. No. 749, § 3A(Exh. A-1), 7-9-2024)

A.

An applicant for a development project in the CGMU District may seek (1) an increase in the maximum coverage ratio, building height, or number of residential units under Section 17.30.050, or (2) a decrease in any other applicable development standards under Section 17.30.050, by providing community amenities or benefits consistent with Section 17.30.090.

B.

To qualify for bonus level development, a community amenity or benefit must be significant and clearly beyond what would otherwise be required for the project under applicable code provisions, conditions of approval, and environmental review mitigation measures.

C.

All applications for bonus level development will be processed as part of an application for a development agreement pursuant to Chapter 17.82 (Development Agreements) of this Code.

(Ord. No. 749, § 3A(Exh. A-1), 7-9-2024)

A.

General Purpose and Intent. Bonus level development allows a project to develop at a greater level of intensity through an increased area coverage ratio, increased building height, or increased number of residential units in addition to, or as an alternative to, what may be provided under Chapter 17.76 (Density Bonus) of this Code, or by a reduction in certain development standards. There is a reasonable relationship between the increased intensity of development and the increased effects on the surrounding community. The required community amenities or benefits are intended to address identified community needs that result from the effect of the increased development intensity on the surrounding community. To be eligible for bonus level development, an applicant must provide one or more community amenities or benefits. Construction of the applicable amenity or benefit is preferable to the payment of a fee.

B.

Amenities/Benefits.

1.

The city council has adopted by resolution the identified community amenities or benefits that may be provided in exchange for bonus level development. The identified community amenities or benefits may be updated from time to time by city council resolution and an applicant may suggest alternative amenities or benefits as provided in subsection (E)(3) of this section.

2.

All community amenities or benefits, except for affordable housing, must be provided within the C-G district. Affordable housing may be located anywhere housing is allowed in the city. In addition, unless otherwise agreed to by the city council, all affordable housing must meet, at minimum, the terms and conditions applicable to affordable housing provided as part of a density bonus under Chapter 17.76 of this Code regardless of whether a separate density bonus is provided under that chapter.

C.

Application. An application for bonus level development is voluntary and must be made as part of an application for a development agreement pursuant to Chapter 17.82 of this Code. An applicant requesting bonus level development must provide the city with a written proposal, which includes, but is not limited to, the specific amount of bonus development sought, the value of the additional gross floor area and/or additional residential units resulting from the bonus level development, and adequate information identifying the value of the proposed community amenities or benefits, each as calculated pursuant to subsection (D) of this section.

D.

Value of Bonus Level Development and Value of Amenities or Benefits. The value of the community amenities or benefits to be provided should equal at least twenty-five percent of the fair market value of the additional gross floor area and/or additional residential units resulting from the bonus level development ("bonus development value"), although the city council has discretion to agree to raise or lower this target bonus development value based on the unique circumstances of each proposed project. The value will initially be calculated as follows: The applicant must provide, at its expense, an appraisal performed within ninety days of the application date by a licensed appraisal firm that: (1) establishes a fair market value in cash of the gross floor area and/or additional residential units resulting from the bonus level development, and (2) establishes a fair market value or estimated costs of constructing or providing the proposed community amenities or benefits. The form and content of the appraisal, including any appraisal instructions, must be approved by the community development director.

E.

Form of Amenity or Benefit. A community amenity or benefit must be provided utilizing any combination of the following mechanisms:

1.

Include the community amenity or benefit as part of the project. The community amenity or benefit designed and constructed as part of the project may be from the list of approved community amenities or benefits adopted by city council resolution. Once any of the single community amenities or benefits on the list adopted by city council resolution has been fully provided, with the exception of affordable housing, it will no longer be an option available to other applicants. Prior to approval of final inspection for the building permit for any portion of the project, the applicant must complete (or bond for) the construction and installation of the community amenities or benefits included in the project and must provide documentation sufficient forthe community development director to certify compliance with this section.

2.

In-lieu payment.

a.

An applicant for bonus development may elect to pay the bonus development value determined pursuant to subsection (D) of this section as an in-lieu payment. An in-lieu payment may also be made in combination with the provision of a community amenity or benefit as a part of the project, as long as the in-lieu payment portion plus the value of the community amenity or benefit provided results in the cumulative amount of the bonus development value calculated or agreed upon by the city council pursuant to subsection (D) of this section.

b.

An applicant who elects to make an in-lieu payment for all or a portion of the bonus development value, must also provide an additional payment of at least ten percent of the in-lieu payment amount to cover the city's costs associated with administering the in-lieu payment and causing the construction and implementation of the community amenity or benefit to be developed with such funds.

c.

The applicant must provide documentation sufficient for the community development director to certify compliance with this section.

d.

In-lieu payments must be made prior to building permit issuance for the project.

e.

The city will place all in-lieu payments in a restricted community amenities/benefits fund to be used to implement community amenities or benefits identified in the list adopted by city council resolution or as approved under a development agreement.

3.

As part of the development agreement. An applicant may implement community amenities or benefits that are not on the list of community amenities adopted by city council resolution or due to special circumstances may not satisfy the target bonus development value calculated pursuant to subsection (D) of this section through the requisite development agreement that must be approved pursuant to Chapter 17.82 (Development Agreements) of this Code.

F.

Preliminary Review of Community Amenities or Benefits. An applicant's proposal for community amenities or benefits will be subject to a preliminary review by the city council at a noticed public hearing prior to consideration by the planning commission or city council of the development agreement and applicable conditional development permit or approval so that such amenities or benefits may be included in the project description for purposes of environmental review under the California Environmental Quality Act (CEQA). Such preliminary review of the proposed community amenities or benefits is solely for the purposes of determining whether the project qualifies for bonus level development, and if so, establishing a stable project description for analysis of the entire project as required under CEQA. Such preliminary determination will not create a binding commitment on the part of the city with respect to approval of the proposed project, including the bonus level development and associated development agreement.

G.

Enhanced Notice of Bonus Level Development. To provide enhanced transparency regarding the proposed application of bonus level development, the following notice procedures will apply:

1.

All required public notices for the project must include a notice in bold and all caps substantially similar to the following: THE PROPOSED PROJECT INCLUDES BONUS LEVEL DEVELOPMENT CONSISTING OF: [DESCRIBE INCREASE OR REDUCTION IN APPLICABLE DEVELOPMENT STANDARDS]. IN EXCHANGE FOR THIS BONUS LEVEL DEVELOPMENT, THE APPLICANT IS PROPOSING TO PROVIDE: [DESCRIBE IMPLEMENTATION OF FORM OF AMENITY OR BENEFIT].

2.

All agenda reports for the project must include a separate section summarizing the terms of the proposed bonus level development.

(Ord. No. 749, § 3A(Exh. A-1), 7-9-2024)