§ 9-44.105. Mixed-Use (MU) Overlay District Standards

A.

Mixed-Use Overlay Development Standards. Subdivisions, new land uses and structures, and alterations to existing land uses shall be designed, constructed, and/or established in compliance with the requirements herein, in addition to those in Sections 9-25.050 through 9-25.100 as applicable, and the applicable standards in Article 3 (Development and Operational Standards).

1.

Maximum lot size. The maximum lot size is determined through the subdivision process per Section 9-61.020 (Tentative Map Preparation, Application Contents).

2.

Residential density. The allowed residential density is 20.1 to 35 units per acre.

3.

Setbacks.

a.

Residential:

Residential setbacks shall meet the requirements in Section 9-24.050 for Residential Very High developments.

b.

Non-residential:

Commercial setbacks shall meet the requirements in Section 9-26.040 depending on the underlying zoning district and the type of development proposed.

c.

Accessory structures:

Accessory structure setbacks shall meet the requirements in Section 9-30.080.

4.

Signage. Signs will be regulated according to the requirements in Section 9-37.060.B.

B.

Mixed-Use Overlay District Site Planning Requirements. The following minimum standards must be implemented for all new or modified developments within the Mixed-Use Overlay District.

1.

Percentage of project as residential uses. A minimum of 50% of the project's floor area must be developed and maintained as residential uses.

2.

Percentage of project as commercial uses. A minimum of 25% of the project's floor area must be developed and maintained as commercial uses.

3.

Ground floor uses. Only commercial uses are permitted on the ground floor of buildings fronting an arterial street. Residential units are permitted on the ground floor of buildings fronting non-arterial and internal streets and driveways.

C.

Mixed-Use Overlay District Primary Building Height Limit Exceptions.

1.

Height Limit. The following are the maximum height limits for buildings in the Mixed-Use District.

a.

Primary structures: 55 feet and four stories

b.

Accessory structures: 18 feet and one story

2.

Exceptions to height limits. A multi-story structure in the Mixed-Use District that exceeds 55 feet or four stories in height shall comply with the standards listed in Section 9-26.050.A.

D.

Mixed-Use Overlay District Operational Standards and Use Limitations. In addition to complying with all applicable standards contained within SVMC Chapter 9-30, the following standards shall also apply to all new or modified developments within the Mixed-Use District.

1.

Common entrances. Non-residential and residential uses located on the same floor shall not have common entrance hallways or balconies.

2.

Reasonable Accommodation. Refer to Section 9-52.110.

3.

Enclosed building requirements. All uses shall be conducted within a completely enclosed building, unless the use:

a.

Is specifically listed in Table 2-4.a as an outdoor use;

b.

Must be located outdoors due to safety, health, or welfare requirements; or

c.

Is specifically approved by a Planned Development Permit or Conditional Use Permit.

4.

Storage areas. For residential units with no garage, an enclosed lockable secure storage area attached to the unit or assigned carport parking space shall be provided.

5.

Affordable and senior housing projects. Affordable and senior housing projects shall have an Affordable or Senior Housing Agreement in compliance with the City's Affordable Housing Guidelines. Additionally, senior housing projects within the Mixed-Use Overlay District shall comply with the standards set forth in Section 9-24.060.B.4 (Senior housing projects).

6.

Optional residential development standards. The residential portions of all mixed-use developments shall provide optional standards as applicable to the type of residential project (senior housing, affordable housing, or market-rate projects with five or more units), per Section 9-24.060.D (Optional standards).

7.

Retail establishments. Retail establishments may include accessory wholesaling, but not wholesale distribution centers.

8.

Shopping carts. Shopping carts shall be regulated per Section 9-26.060.A.5.

9.

Roof equipment. All roof-mounted equipment, except solar energy equipment, shall not be visible from any abutting lot or any street. This shall be accomplished in a manner that is architecturally integrated with the main building. Solar energy equipment may be exposed to view from adjacent parcels and street rights-of-way provided the equipment is mounted flush with the roof plane.

10.

Refuse and Recyclable Container Enclosures. Containers for refuse and recyclables shall be provided per SVMC Section 9-35.050.A. In addition, the following standards apply to mixed-use developments.

a.

Residential units shall maintain separate refuse and recyclables containers from those used by the nonresidential uses, and these containers shall be clearly marked for residential use only.

b.

Refuse and recyclables containers shall be located no farther than 200 feet from any residential unit.

11.

Newspaper racks. Newspaper racks shall be consolidated into one rack and screened from the street on three sides with walls that complement other site furnishings in the area or the architecture of adjacent buildings. The racks shall be permanently anchored. Individual racks shall not be permitted.

12.

Noise/vibration.

a.

The City noise standards are 63db Ldn in outdoor living areas and 45db Ldn in interior living areas. To comply with these standards, all new projects or additions to existing projects must meet the minimum Sound Transmission Class (STC) 50 rating set forth in the California Building Code between residential units in the same building and the minimum STC 60 rating between residential units and non-residential uses in the same building. Applicants for these projects must, under the direction of the Director of Environmental Services, prepare an acoustical analysis report (prepared by an acoustical engineer) describing the acoustical design features of the structure required to satisfy the exterior and interior noise standards. The report must include satisfactory evidence that the measures specified in the report(s) have been, or will be, incorporated into the design of the project.

b.

No commercial use within a mixed-use development shall be conducted between 12 a.m. and 6 a.m. unless approved with Conditional Use Permit.

13.

Joint recorded Conditions, Covenants, and Restrictions (CC&Rs) and/or recorded Common Area Maintenance (CAM) Agreement required. A joint commercial/office/residential owners' association recorded Declaration of Conditions, Covenants and Restrictions (CC&Rs) and/or recorded Common Area Maintenance (CAM) Agreement is required for all mixed-use developments. The required CC&Rs or CAM shall address the assignment of required residential parking spaces and the identification of maintenance responsibilities.

E.

Mixed-Use Overlay District Open Space Requirements.

1.

Residential Private Open Space.

a.

Residential private open space shall be provided at a ratio of a minimum of 100 square feet per dwelling unit. The minimum private open space dimension shall be seven feet.

b.

Residential private open space shall be separated from adjoining units with a privacy wall, and shall be separated from public open spaces by a wall, fence, or landscaping that is at least 42 inches high, but not greater than 72 inches high.

2.

Residential Common Recreation Areas.

a.

Residential common areas for active recreation, such as pools, recreation rooms, playgrounds, etc., and/or for passive recreation, such as picnic tables and barbeque areas, shall be provided at a ratio of a minimum of 100 square feet per dwelling unit.

b.

Non-senior projects containing 25 or more residential units shall provide a tot lot with a minimum of 500 square feet of area and containing at a minimum: play equipment including climbing and sliding equipment; seating; and one, 48-inch box shade tree or a shade structure over the seating area.

c.

Residential common recreation areas can be outdoors or indoors, must be located within 500 feet of each dwelling unit on the site, and may incorporate any setback area except street side. Green roofs, plazas, and courtyards may fulfill common area requirements. Common areas shall consist of slopes less than 4:1.

d.

Residential common recreation areas shall be designed for project residents and their guests only.

3.

Public Open Space.

a.

Public open space (outdoor dining space, gathering areas, promenades, etc.) shall be provided at a ratio of 100 square feet of public open space per 1,000 square feet of gross commercial floor area.

b.

Public open spaces shall be designed with access and an unimpeded line-of-sight to and from the public sidewalk, and shall be integrated into pedestrian circulation systems.

F.

Mixed-Use Overlay District Landscape Requirements. In addition to complying with all applicable landscape standards contained within SVMC Sections 9-33.030.A, E-H and 9-33.040, the following standards shall also apply to all new or modified developments within the Mixed-Use Overlay District.

1.

Minimum landscape coverage. The minimum landscape coverage shall be 10 percent.

2.

Connecting walkways. Connecting walkways must be planted with either shade trees spaced 30 feet on-center or covered with a shade structure.

3.

Trees. A minimum of one, 36-inch box container size tree per 50 feet of lineal street frontage shall be planted within the required setback area adjacent to streets. In addition, a minimum of one, 36-inch box container size tree shall be planted in residential common areas for each ground level unit. Specimen palms may be used at a ratio of ¼-foot brown trunk height for each one inch of box tree size.

4.

Expandable tree grates. Expandable tree grates or guards shall be provided along sidewalks and in plazas where a continuous walking surface is needed.

5.

Landscape planters. Landscape planters must be at least three feet in width; however, planters less than six feet in width must use engineered soils or other mechanism with a circumference of at least three times the size of root ball of the tree to be planted within the planter, to allow for the planting and long-term health and maintenance of trees within the planters.

6.

Parking structure landscape requirements.

a.

One minimum 24-inch box container size tree is required at the end of each parking row, and per each five parking spaces in a single row and 10 spaces in double rows on all open-air parking structure decks.

b.

Planters for trees on parking structure open-air decks must be three feet deep and at least six feet in width by six feet in length, to allow for the planting and long-term health of trees within the planters.

G.

Mixed-Use Overlay District Parking Requirements.

1.

Parking space requirements. Off-street parking spaces for non-residential uses in the Mixed-Use District must be provided in compliance with SVMC Section 9-34.060 (Parking Space Requirements), Table 3-4 (Parking Requirements by Land Use). Off-street parking spaces for residential units in the Mixed-Use District must be provided in compliance with Table 4-3 (Parking Requirements for Residential Units in the Mixed-Use District), below.

TABLE 4-3 - PARKING REQUIREMENTS FOR
RESIDENTIAL UNITS IN THE MIXED-USE DISTRICT

Unit Type	Requirement
Studios and seniors-only units	One space per unit
One-bedroom units	1.5 spaces per unit
Two-bedroom units	2 spaces per unit
Units with three or more bedrooms	2.5 spaces per unit
A minimum of one guest parking space shall be provided for every five units, regardless of unit type. A minimum of one guest parking space shall be provided for complexes with fewer than five units.

 

2.

Covered parking required. A minimum of one parking space for each residential unit must be covered.

3.

Location of assigned spaces for residential units. Off-street parking shall be located no more than 200 feet from the dwelling unit for which the parking is provided.

4.

Separate parking facilities. Separate parking facilities shall be provided for non-residential uses and assigned residential parking, or separate levels shall be provided if located within a parking structure. Assigned residential parking spaces shall be specifically designated by posting, pavement markings, distinctive architectural elements, landscape features, and/or by physical separation.

5.

Visitor parking. The sharing of visitor parking for residential and nonresidential uses within the same mixed-use development is permitted.

6.

Facilities for vehicles with alternative fueling systems. Facilities for vehicles with alternative fueling systems (such as electric vehicle charging stations, etc.) shall be provided in all parking areas at a ratio of one alternative fueling facility per 100 parking spaces. Parking lots with fewer than 100 parking spaces shall be provided with a minimum of one alternative fueling facility.

7.

Reciprocal access and parking. Reciprocal ingress/egress access and parking shall be provided between all parcels within a project area.

8.

Parking structures. The following requirements apply to all parking structures proposed within the Mixed-Use District.

a.

Parking structures shall not be located along arterial streets unless retail, restaurants, offices, or similar pedestrian-oriented land uses occupy the ground floor portion of the parking structure fronting the street, with the exception of the vehicular entrance/exit to the structure.

b.

Subterranean parking will not count as a building story when measuring overall building height.

9.

Bicycle parking provisions. The following requirements for bicycle parking apply to all new or modified projects.

a.

Covered, secure bicycle parking shall be provided at a ratio of one bicycle per residential unit without a garage.

b.

Directional signage within the public right-of-way shall be installed for public bicycle parking areas.

10.

Loading Zone Standards. Loading zones shall be provided in accordance with SVMC Section 9-34.100, except that:

a.

Loading zones for retail commercial and restaurant uses less than 20,000 square feet in gross floor area may be reduced in size to 11 feet in width by 35 feet in length.

b.

Loading spaces shall be located within 100 feet to the side or rear of the business being served by the loading space and have direct access from the business served by the space.

H.

Mixed-Use Overlay District Parcel Consolidation Program. The purpose of the Mixed-Use District Parcel Consolidation Program is to encourage the consolidation of several smaller, contiguous parcels into one, larger project, to provide for additional design flexibility.

1.

Program thresholds. Consolidation of one or more parcels entitles two of the following incentives:

a.

Graduated Density: Allow a 10% increase in the number of dwelling units per acre over the maximum density for mixed-use Planned Developments.

b.

Allow up to 75% of the project's floor area to be developed as nonresidential uses.

c.

Allow a reduction of a maximum of two of the optional residential development standards required per Section 9-24.060.D for all types of residential projects in a mixed-use project.

I.

Mixed-Use Overlay District Design Guidelines. The following design guidelines are strongly encouraged for use in the design of mixed-use development applications. Note that all design guidelines appear in italics to distinguish them from standards, which are mandatory requirements.

1.

Site design guidelines. The following guidelines should be incorporated into the site planning for a mixed-use development.

a.

Site design should relate to surrounding properties with respect to building locations, orientation, massing, setbacks, and the arrangement of driveways, pedestrian pathways, parking, and open space.

b.

The location of structures and site improvements should create a pedestrian-oriented environment. Pedestrian pathways should be provided throughout mixed-use projects and should connect to on-site uses, parking areas, adjacent uses, and to existing and future transit stops within or adjacent to the project site.

c.

Developments should be designed to minimize motor vehicle circulation through local single-family neighborhood streets.

d.

Where feasible, traffic calming features should be used to encourage the pedestrian-oriented nature of a mixed-use development. Examples of appropriate traffic calming measures include: lighted and clearly marked crosswalks; horizontal deflections such as landscaped center islands, street bulb-outs, road narrowing, chicanes and roundabouts; vertical deflections such as raised and textured intersections and crosswalks; and street trees and parkway planters that provide visual interest and buffer pedestrians from motor vehicles on public streets.

e.

Mixed-use projects should include clear and well-designed entries into the project. Such entries should incorporate the use of walls, signage, landscaping, and decorative paving to visually link the site entry to the buildings.

f.

A decorative treatment (i.e., special paving) should be used to delineate pedestrian pathways and crossings at circulation drives and within parking areas.

g.

Public open space designed as gathering areas (courtyards, plazas, etc.) should include amenities such as fountains, seating, enhanced landscaping, decorative pavement, etc.

2.

Architecture. The following guidelines should be incorporated into the design of all buildings within a mixed-use development.

a.

The corners of buildings at intersections should receive special architectural treatment, including but not limited to towers, arcades, unique color, materials and window treatments, etc.

b.

To encourage pedestrian activity, a minimum of 60% of the building frontage facing a street or pedestrian way should incorporate pedestrian-oriented features (i.e., pedestrian entrances, display windows, etc.).

c.

All buildings within a mixed-use development should be designed to a human scale and be connected by a uniform architectural theme.

d.

The architectural style and use of materials should be consistent throughout the entire mixed-use project. Differences in materials and/or architectural details should only occur on a structure where the intent is to differentiate between the residential scale and character of the structure and the commercial scale and character.

e.

Building wall planes should be vertically and horizontally offset or otherwise articulated every 10 feet on all sides. To articulate the wall planes, facades should incorporate arcades, colonnades, recessed entrances, window details, bays, variation in building materials, balconies, porches, vines on trellises, roofline trim detail, etc. The wall offsets should vary in depth of the building wall by a minimum of four feet or a series of offsets, projections or recesses, including balconies, that vary the depth of the building wall by a minimum of four feet.

f.

Window placement for street level businesses should be located along public street frontages at a height that pedestrians can easily look into and see the business activities, products, etc.

g.

Upper floors should incorporate windows, bays, and balconies that overlook the street wherever feasible.

h.

Windows of residential units should be offset when facing other residential units and should face away from loading areas, docks, and trash enclosures when feasible.

i.

Building entries with high activity levels should be illuminated. Appropriate treatments include: bathing entry surfaces with light; allowing the building interior light glow through glazing; or using decorative lighting fixtures to announce entries.

j.

Projects three stories or less in height should incorporate full roofs on at least 50% of the roof area.

k.

At a minimum, the roofline at the top of the structure should not run in a continuous plane for more than 50 feet without offsetting or jogging the roof plane and/or incorporating design features such as gables, decorative cornices, etc. Roof materials should be appropriate to the style of the building, roof slope and form. Corrugated metal, composition shingles, illuminated roofing, and highly reflective surfaces that create glare are not allowed.

l.

All roof-mounted equipment shall be screened. Special consideration should be given to the location and screening of noise generating equipment such as refrigeration units, air conditioning, and exhaust fans. Noise reducing screens and insulation may be required where such equipment has the potential to impact residential uses.

3.

Accessory Structures. Accessory structures, such as bus shelters, kiosks, gazebos, etc., should be architecturally compatible with the principal structure on the site through the use of consistent architecture, colors and materials, and landscaping.

4.

L andscaping. The following guidelines should be incorporated into the design of the overall landscape plan for a mixed-use development.

a.

One species of street tree should be used for the sidewalk planting area with an additional type for any on-street parking and median plantings.

b.

Vines and climbing plants should be used to break up large expanses of blank building walls, and on garden walls, refuse enclosures, etc., to enhance the aesthetic value of the project and to deter graffiti.

c.

Regular up-lighting of walls and focal landscape features, such as specimen trees, should occur throughout the project site to create a consistent and dramatic effect.

5.

Parking. The following guidelines should be considered when designing the parking areas (open and/or structured parking areas) for a mixed-use development.

a.

Where feasible, parking structures should be constructed rather than open parking lots.

b.

Parking structures should be architecturally integrated with the project design.

c.

Parking aisles should be separated from pedestrian access routes whenever possible.

d.

Parking areas should be located and designed to be convenient for all visitors and users of the mixed-use development, in order to minimize parking in adjacent neighborhoods.

e.

Open parking areas shall be screened from the street by a 30-inch high wall, fence, berm, or landscaping that is measured above the highest adjacent grade.

f.

In parking lots for mixed-use developments containing over 100 parking stalls, pedestrian walkways that are separated from vehicular traffic shall be provided through parking areas, to provide safe access for pedestrians through the site.

6.

Refuse and Recyclable Container Enclosures. Loading areas and trash enclosures should be located and designed for convenient access by service vehicles and by tenants and residents of the project.

7.

Pedestrian Access. Primary building entries and courtyards abutting a street shall be directly accessed from the street to facilitate pedestrian access and movement between adjacent uses. Where primary building entries do not abut a street, connecting walkways shall link the building entrance to street sidewalks. Connecting walkways must have a minimum six-foot clear paved width and any covered structure, such as a trellis, must have at least 10 feet clear height.

(Amended during 3-07 supplement as amended by § 3 (Exh. B), Ord. No. 1193, eff. July 19, 2012)