Walnut City Zoning Code
CHAPTER 6
20 MIXED USE/HOUSING OPPORTUNITY OVERLAY ZONE
§ 6.20.010 Purpose.
The purpose of the Mixed Use/Housing Opportunity Overlay Zone (MU/HOO) is to designate certain areas of the City of Walnut as suitable for higher density residential uses to ensure that the City of Walnut meets its state housing law RHNA (Regional Housing Needs Assessment) obligation and to provide a variety of commercial and retail uses that are integrated as a cohesive development with higher density residential uses. The Mixed Use/Housing Opportunity Overlay Zone will encourage the production of affordable dwellings in addition to any uses permitted and existing in the underlying zone.
§ 6.20.020 Applicability.
A.
The Mixed Use/Housing Opportunity Overlay Zone shall be designated on the official zoning map and shall be applied to three areas of the City as follows:
1.
MU/HOO-1: twenty-one acres of primarily developed land located on the north side of Valley Boulevard; from the west City boundary to Lemon Creek Channel.
2.
MU/HOO-2: twelve acres of vacant and underdeveloped land located east of Pierre Road and west of Suzanne Road generally referred to as 20931 Valley Boulevard.
3.
MU/HOO-3: forty-nine acres of vacant land located directly northeast of the City of Walnut Maintenance Department and Recreation Services Yard at 21701 Valley Boulevard and southwest of 22166 Roundup Drive.
B.
The zoning designation of MU/HOO-1 Zone, MU/HOO-2 Zone and MU/HOO-3 Zone, designating Mixed Use/Housing Opportunity Overlay Zone, shall be appended to the base zoning district on the official zoning map. The Mixed Use/Housing Opportunity Overlay Zone shall be a layer on top of the established base-zoning regulations that creates an additional set of development options in addition to any uses permitted or existing in the underlying zone.
§ 6.20.030 Uses permitted.
A.
MU/HOO-1:
1.
Any use permitted in the underlying zone (C-1 Light Commercial Zone and C-3 Heavy Commercial Zone).
2.
Multifamily residential dwellings (townhomes, apartments, or condominiums) on a lot with a minimum lot area of one acre or larger subject to the adoption of a specific plan that provides development standards (setbacks, building heights, parking ratios, etc.), architectural standards, and affordability ratios. Multifamily residential developments that are developed on parcels of land that exceed one acre in size shall be constructed with minimum density of 12 dwelling units per acre and a maximum density of 36 dwelling units per acre. Residential developments on parcels of land that are less than one acre is size shall be constructed at a maximum density of 20 dwelling units per acre.
B.
MU/HOOZ-2:
1.
Any use permitted in the C-3 Zone.
2.
Multifamily residential dwellings (townhomes, apartments, or condominiums) and retail/commercial uses integrated as a cohesive development. A minimum of two acres of the total site shall be retail/commercial uses to provide a range of employment, shopping, and dining opportunities for residents within close proximity to the proposed development. Multifamily residential developments shall be developed at a minimum density of 12 dwelling units per acre and a maximum density of 28 dwelling units per acre subject to the adoption of a specific plan that provides development standards (setbacks, building heights, parking ratios, etc.), architectural standards, and affordability ratios. Mixed use or residential developments on parcels of land that are less than one acre is size shall be constructed at a maximum density of 20 dwelling units per acre.
C.
MU/HOOZ-3 (Figure 1-Map):
1.
Area 1. Any use permitted in the R-1 Zone, under the same limitations and conditions including area requirements, front, side, and rear yards, garages and auxiliary uses, with a specific minimum lot size of 16,800 square feet.
2.
Area 2. Any multifamily residential use permitted in the R-3 Zone, subject to the adoption of a specific plan that provides development standards (setbacks, building heights, parking ratios, etc.), architectural standards, and affordability ratios. Multifamily residential developments shall be constructed with a minimum density of 12 dwelling units per acre and a maximum density of 36 dwelling units per acre. Residential developments on parcels of land that are less than one acre is size shall be constructed at a maximum density of 20 dwelling units per acre.
3.
Area 3. Retail uses and service commercial uses, subject to the adoption of a specific plan that provides for development standards and design guidelines to guide future development.
§ 6.20.040 Additional uses by conditional use permit.
All uses conditionally permitted in the underlying zone. The Mixed Use/Housing Opportunity Overlay Zone does not prohibit any uses conditionally permitted in the underlying zone(s). No conditional use permit shall be required for a multifamily residential development.
§ 6.20.050 Development standards.
A.
Existing Uses. All existing uses shall continue to be subject to the development standards in the underlying zone.
B.
New Mixed Use or Higher Density Residential Uses. All mixed use development or higher density residential (multifamily) developments shall be subject to development standards that are established in a specific plan adopted by the Walnut City Council. The development standards of the specific plan shall be similar in nature to the development standards of the R-3 Multiple Family Residential Zone (Chapter 6.32 of the Walnut Municipal Code); however, additional benefits and incentives shall be included in the specific plan that encourages the production of affordable housing. The Mixed Use/Housing Opportunity Overlay Zone incentives may include: flexibility in development standards, increased densities, financial incentives (i.e., waiver of fees) or expedited processing procedures (i.e., priority plan checking).
§ 6.20.060 Incentives and density bonus.
The purpose of the Mixed Use/Housing Opportunity Overlay Zone is to encourage and direct, through the provision of development incentives, the construction of projects containing substantial numbers of affordable housing units coupled with supportive commercial use on those sites identify by the City of Walnut Zoning Map as Mixed Use/Housing Opportunity Overlay Zones. Development incentives for affordable housing may include the following:
A.
Density Bonus. A developer of a housing development that is eligible for a density bonus based upon the contribution of affordable units may receive a higher amount of density if the percentage of very low, low, and moderate income housing units exceeds the base percentages established in Chapter 6.100.
B.
Reduced/Relaxed Development Standards. The specific plan adopted for the project area should provide for greater flexibility in development standards than residential developments located outside of the Mixed Use/Housing Opportunity Overlay. Development standards incentives may include reduced parking requirements, relaxed building height limits, setback reductions, or allow an increase in lot coverage.
C.
Financial Incentives. A developer of a housing development that contains substantial numbers of affordable housing units may request a reduction in application fees, development fees, or park in-lieu fees.
D.
Expedited Processing. The City of Walnut shall give qualifying projects that provide substantial numbers of affordable housing units the highest processing priority and provide the fastest turnaround time available in determining application completeness.
§ 6.20.070 Standards of review.
A.
Proposed development and new construction within the Mixed Use/Housing Opportunity Overlay Zone that results in a change of land use shall be evaluated by the Planning Commission to determine consistency with the housing element goal of providing new housing and addressing affordable housing needs. Development in the Mixed Use/Housing Opportunity Overlay Zoning District shall be subject to site plan and architectural review as prescribed in Chapter 6.84. A site plan and architectural review application shall be processed concurrently with any other application for development on the same parcel of land within the Mixed Use/Housing Opportunity Overlay Zoning District. Proposed developments and new construction may also be subject to the adopted objective design standards contained within Specific Plan No. 2, Specific Plan No. 3 or Specific Plan No. 4 as adopted by the Walnut City Council, relative to the location.
B.
Low and very-low income units must be constructed concurrently with market-rate units and shall be integrated into the project. Low and very-low income units shall be comparable in construction quality and exterior design to any market rate units. Low and very-low income units may be smaller in size and have different features than market rate units so long as the features are of good quality, durable, and consistent with contemporary standards for new housing as determined by the Planning Commission.
§ 6.20.080 Specific plan requirements.
A.
All mixed use developments and higher density residential uses (multifamily) developments shall be subject to development standards that are established in a specific plan adopted by the Walnut City Council. The format and content of each specific plan shall be based upon the needs of the area for which a specific plan is being prepared. The minimum content requirements of each specific plan shall be as established in Section 65450 of the California Government Code. A specific plan may reference the allowed use provisions and development standards of the base zoning district; however, in the event there are conflicts between the provisions, the specific plan shall prevail. Where a specific plan is silent regarding a citywide standard (e.g., sign regulations), the City standard shall apply. Where a specific plan establishes unique standards that are in conflict with the standards of the underlying zone, the specific plan standards shall prevail.
B.
The specific plan is a mechanism to guide development within an area, insuring that a comprehensive land plan is adopted. Given the built-out character of the City, the majority of the land use locations, classifications and densities reflect the existing development patterns of the community. New commercial developments that are of a scale and character compatible with the residential character of the community are encouraged to serve the needs of the community and to provide services to residents of new affordable housing developments. A specific plan is a tool that the City can use to promote the development of a livable community.
C.
Content of Specific Plans. Specific plans shall be prepared only under direct supervision of department and shall include the following information in the form of text and diagrams:
1.
Proposed Land Uses. The distribution, location and extent of land uses proposed within the area covered by the plan, including open space areas and recreational areas;
2.
Infrastructure. The proposed distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities to be located within the specific plan area and needed to support the proposed land uses;
3.
Land Use and Development Standards. Standards and criteria shall be provided in the specific plan by which the development will proceed. The development standards shall provide for recreation and open space areas in each residential development with more than five dwelling units. Each dwelling unit shall have a private outdoor open space area of 100 square feet or larger. Adequate parking provisions shall be provided in each multiple family residential development for guest parking, overflow parking, and storage of recreational vehicles. The architecture of the proposed development shall be consistent with the surrounding neighborhood. Retail and commercial services shall be integrated as a cohesive development with higher density residential uses. Retail and commercial developments shall be designed to provide services to the surrounding neighborhood.
4.
Implementation Measures. A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria;
5.
Additional Information. The specific plan shall contain any additional information determined to be necessary by the City because of the characteristics of the area to be covered by the plan, applicable policies of the general plan, or any other issue determined to be significant.
D.
Review and Adoption of Specific Plan—Public Hearings. A proposed specific plan shall be subject to public hearings before both the Commission and Council before its adoption, as follows:
1.
Commission. The Director shall schedule a public hearing on the proposed specific plan after completion of a staff report and any required environmental documents. The hearing shall receive public notice and be conducted in compliance with Section 6.80.040 (Public hearings). After the hearing, the Commission shall forward a written recommendation to the Council.
2.
Council. After receipt of the Commission recommendation, a public hearing on the specific plan shall be scheduled. The hearing shall be noticed and conducted in compliance with Section 6.80.040 (Public hearings). After the hearing, the Council may adopt the specific plan, may disapprove the plan, or may adopt the plan with changes, provided that any changes to the plan that were not considered by the Commission shall be referred to the Commission for its recommendation. Failure of the Commission to report within 45 days after the referral, or any longer period set by the Council shall be deemed a recommendation for the approval of the changes.
3.
Adoption. The adoption of a proposed specific plan shall be entirely at the discretion of the Council. The Council shall adopt a specific plan only if it first determines that the plan: