In order to provide for the development of mixed-use areas within the city, the regulations set forth in this chapter shall be applicable to all properties classified in zones MU-1, MU-2 or MU-3. These zones are established to support a healthy, active area with a mixture of uses that support a full-service community along corridors and at activity nodes. The zones support multi-modal mixed-use corridors that provide daily needs, goods, and services in walkable proximity to established residential neighborhoods. These zones permit a mixture of residential and non-residential uses in a wide variety of configurations. The purpose of each zone is as follows:

A.

Mixed-Use 1 (MU-1) zone provides for medium-scale, mixed-use development as a transition between residential and mixed-use nodes.

B.

Mixed-Use 2 (MU-2) zone provides for neighborhood activity centers in proximity to bus routes and multi-modal corridors. This zone permits horizontal and vertical mixed-use appropriately scaled for adjacent neighborhoods.

C.

Mixed-Use 3 (MU-3) zone provides for the highest intensity neighborhood activity centers in proximity to bus routes and multi-modal corridors. This zone permits horizontal and vertical mixed-use developments scaled for the highest intensity uses that benefit from transit proximity and pedestrian activity. A two-tiered development system allowing for specific increased intensity, densities and building height is established for the MU-3 zones to promote development with added benefit to the community as outlined under Section 18.35.040.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

Principal Uses. Table 18.35.020 lists the permitted and conditionally permitted land uses for MU-1, MU-2, and MU-3 zoned lots indicating the type of approval required subject to compliance with all provisions of this title. Descriptions and definitions of the land uses can be found in Chapters 18.06 and 18.07. The specific use regulations and notes column in the table indicates a chapter or section where additional regulations may apply; and/or provides additional information specific to that use type.

B.

Accessory Uses. Accessory uses are those uses which are directly related, but clearly subordinate to a permitted or conditionally permitted principal use; where such use is already established, or the principal and accessory uses are established jointly.

C.

Stand-alone Residential. Stand-alone residential is allowed in any MU zone and not subject to floor area ratio (FAR) restrictions; however, all density limits for each MU zone are applicable regardless of the type of residential use as identified in Table 18.35.030.

D.

Use Not Listed. Any use that is not listed or has not been determined by the director of community development to be similar to a listed use, is prohibited in any mixed-use zone.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Table 18.35.030 contains the development standards applicable to the MU-1, MU-2 or MU-3 zones. These standards, along with other development standards as outlined within this Title, including objective design standards contained in Chapter 18.93, are intended to assist property owners and project designers in understanding the city's minimum requirements and expectations for high quality development. The following applies to the requirements of Table 18.35.030:

A.

Minimum and Maximum Density. The minimum and maximum density standards are only applicable to mixed use developments that include residential uses.

B.

Density, Floor Area Ratio, and Height. Increase to any of these standards in Table 18.35.030 is exclusive to the MU-3 zone subject to the requirements of the community benefits program outlined in Section 18.35.040.

C.

Predominant Use. Predominant uses are intended to establish the primary focus for development maximizing the land use intent and square footage for those uses in Table 18.35.020 identified as primary uses. Mixed-use zones allow some standalone uses that are not traditional mixed-use (e.g., medical services/hospitals, banks/financial institutions, lodging facilities, recreation, education, and public assembly uses).

D.

Accessory Structures. Includes parking structures, trash enclosures and similar supporting or separate structures from the primary structure.

E.

Development Standards. In addition to the standards outline in Table 18.35.030, mixed-use development shall comply with applicable requirements of Chapter 18.93.

F.

Building Step Back Requirements. Buildings located on MU zoned parcels shall provide a transitional element, a stepping back of the building at the third story and above, that is in addition to the minimum side and rear setback line. Taller elements of the building shall increasingly step back from adjacent single-family zones. No portion of the building, excluding parapets, shall extend above an imaginary plane drawn at the property line that is adjacent to the single-family zone, and extended at an angle of forty-five degrees toward the center of the MU zoned parcel as shown in Figure 18.35.030-F.

Figure 18.35.030-F: Building Step Back

G.

Building Frontage. New buildings are to be located in close proximity to the street for improved relationship to the street and pedestrians. For parcels less than fifteen acres in size, at least fifty percent of the lot width shall be occupied by primary building frontage and/or pedestrian features located between zero and thirty feet from the front property line. For parcels fifteen acres and greater in size, at least fifty percent of the lot width is occupied by primary building frontage and located between zero and eighty feet from the front property line.

H.

Open Space. The residential component of a mixed-use development shall provide open space areas subject to the following standards in addition to the requirements of Table 18.35.030.

1.

Private Open Space. Private open space shall be provided at each unit in the form of a patio, yard, balcony, immediately adjacent deck, or combination thereof and shall be directly adjacent to and accessible from each unit. Every private open space area that is provided shall have a minimum area of sixty square feet, a minimum dimension of six feet in any direction, and a minimum vertical clearance of eight feet.

2.

Active Common Open Space/Recreation Areas. Common open space/recreation areas shall be designed to provide specific amenities as outlined below based on the number of units proposed in the development. The list of amenities is both cumulative and additive, requiring that the base amenity type and minimum size be satisfied for the applicable number of units threshold, plus all preceding amenities, plus any additional increase in number or size of the amenity based upon the additional minimum ratio to be provided, where applicable.

As an example, a development consisting of twenty units shall provide a business center with at least two workstations OR a two hundred fifty square foot gym OR a one hundred fifty square foot meeting/study room OR a thirty-six square foot community garden; PLUS, either one barbeque with table seating for twelve adults OR an outdoor active use area a minimum of four hundred five square feet (Base Amenity of 400 sf + 5 sf for 10 additional du above the base). All fractional values shall be rounded up. Additional amenity types and square feet of amenities beyond the minimum required may be provided.

¹ Ratios to be applied for the additional number of units in the project that is above the amount listed in the "number of units" column, resulting in an increase in the amenity square footage or number in the "base amenity type and minimum size" column.

sf = square feet; du = dwelling unit

3.

Common Open Space Dimensions. Common open spaces shall have a minimum horizontal dimension in any direction of twenty feet on the ground floor level. Upper story decks shall be no less than ten by ten feet in horizontal dimension. Roof decks shall be no less than fifteen by fifteen feet in horizontal dimension. The minimum vertical dimension shall be fifteen feet.

4.

Common Open Space Location. Active common open spaces shall not be located in any required setback area. Active common open spaces may be located at ground level, on upper story decks, on roof decks, indoors, or outdoors. Areas located at upper story decks or on roof decks may contribute one hundred percent towards the required common open space area. Areas located indoors shall not contribute more than fifty percent of the required common open space area.

5.

Parking. The number of parking spaces provided for the allowed uses contained in Table 18.35.020, and the design of such parking areas shall satisfy the applicable requirements of Chapters 18.48 and 18.99. Shared parking for residential mixed-use development, either vertical or horizontal, shall be permitted, subject to review and approval of a parking study prepared in accordance with Section 18.48.030 for mixed occupancy requirements and Section 18.48.040 joint use authorization.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

Purpose. To promote added amenities on MU-3-zoned lots, a tiered development system using a community benefits program as provided herein may be applied. The program provides the city with tools to evaluate and determine how a development contributes to the urban fabric and creates special places that enhance the city. A two-tier system of benefits allows development to achieve higher densities and intensities in return for certain public and community-serving amenities being provided.

B.

Relationship to State Density Bonus Law. Any such density bonuses associated with the provisions outlined herein are supplementary to density bonus provisions established by state law.

C.

Relationship to the General Plan. At a minimum and in accordance with the general plan, development utilizing this program must provide a measurable and/or clearly identifiable community benefit in the form of affordable housing, jobs creation, parkland or open space.

D.

Eligibility. Multi-family and mixed-use residential development within the MU-3 zone are eligible for participation in the community benefits program. To be eligible for the program, mixed-use development must have at least two-thirds of the total floor area developed with residential uses.

E.

Types of Community Benefits. Table 18.35.040-E provides a list of community benefits and a general description of the minimum criteria to evaluate the community benefit that reflects public input on desired types of development, project features and amenities within the city.

F.

Increased Density/Intensity. Table 18.35.040-F outlines the maximum allowable increase to residential density and/or intensity of non-residential development within a two-tier program for qualifying community benefits. The city may grant such increases up to the maximum by tier only when the community benefits or amenities offered satisfy the minimum amount and are not otherwise required by this title or any other provision of local, state or federal law.

G.

Required Approvals. Approval of an eligible development participating in the community benefits program requires the following review and approvals in conjunction with any other approvals as required by this title.

1.

Tier 1. A development that proposes to utilize the allowable increases to density, intensity, and/or height under the tier 1 community benefits program shall require planning commission review and approval.

2.

Tier 2. A development that proposes to utilize the allowable increase in density, intensity, and/or height under the tier 2 community benefits program shall require a recommendation of the planning commission to the city council for final review and approval. If a development agreement is utilized by the city to negotiate project design that maximizes community benefits, then such agreement shall be prepared and approved consistent with this title and Government Code Sections 65864 through 65869.5, including all required public noticing and hearings.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)