Chapter 18.22
REGULATIONS FOR VARIOUS MIXED USE COMBINING ZONING DISTRICTS

Sections:

Article I. Regulations for MU – Mixed Use Combining Zoning Districts

18.22.010    Application.

18.22.020    Intent.

18.22.030    Permitted and conditional uses.

18.22.040    Development standards.

18.22.050    Additional development standards.

18.22.060    Architectural review.

Article II. Regulations for TMU – Transit-Oriented Mixed Use Combining Zoning Districts

18.22.110    Application.

18.22.120    Intent.

18.22.130    Permitted and conditional uses.

18.22.140    Development standards.

18.22.150    Additional development standards.

18.22.160    Architectural review.

Article III. Regulations for VHDMU – Very High Density Mixed Use Zoning Districts

18.22.210    Application.

18.22.220    Intent.

18.22.230    Permitted uses.

18.22.240    Conditional uses.

18.22.250    Development standards.

18.22.260    Parking requirements.

18.22.270    Additional development standards.

Article I. Regulations for MU – Mixed Use Combining Zoning Districts

18.22.010 Application.

The regulations in this article shall apply to each zoning district to which the zoning suffix MU is combined, creating a mixed use combining zoning district. (Ord. 1793 § 1, 8-24-04).

18.22.020 Intent.

The mixed use combining zoning district is intended to encourage quality multifamily residential development in conjunction with commercial development or redevelopment. This district also encourages the construction and use of housing without related commercial development. Mixed use districts encourage development that is consistent with the existing community because the districts are located in areas that have traditionally been zoned for commercial and office uses, but are adjacent to residentially zoned property. Combining housing with office and/or retail uses can increase the number and diversity of housing options available in the City, and is consistent with the City’s general plan policies for increasing housing. A variety of housing types and sizes may be provided in this zoning district. A percentage of the residential units should be affordable to low and/or moderate income households. A balance of ownership housing and rental housing is encouraged. The permitted density is from nineteen (19) up to twenty-five (25) dwelling units per acre, based on the total acreage of the site and in addition to any commercial use of the same property. Development standards for such residential use are set in SCCC 18.22.040. (Ord. 1793 § 1, 8-24-04).

18.22.030 Permitted and conditional uses.

Except as provided in this section, and subject to restrictions contained in this article, permitted and conditional uses for mixed use combining zoning districts are:

(a) Existing nonconforming uses and permitted and conditional uses specified by the thoroughfare commercial (CT) or community commercial (CC) zoning district with which the mixed use overlay zoning district is combined. The mix of residential uses and auto-oriented uses on the same property is not permitted.

(b) Multifamily dwellings with a minimum density of nineteen (19) units per acre and a maximum density of twenty-five (25) units per acre, based upon gross site acreage.

(c) Additional dwelling units may be permitted through the approval of a density bonus, subject to the regulations of Chapter 18.78 SCCC.

(d) Parking lot and/or parking structures associated with primary uses of the site.

(e) Home occupations as defined in Chapter 18.06 SCCC.

(f) Supportive housing, subject to the same standards and restrictions as other dwelling units under this chapter.

(g) Transitional housing, subject to the same standards and restrictions as other dwelling units under this chapter. (Ord. 1793 § 1, 8-24-04; Ord. 1935 § 9, 1-13-15).

18.22.040 Development standards.

Development standards include, but are not limited to, the following:

(a) Lot Area. Each lot shall contain a minimum area of twenty thousand (20,000) square feet.

(b) Lot Width. The minimum lot width shall not be less than one hundred (100) feet.

(c) Building Height Limits. Structures are limited to three stories plus depressed parking. Total building height measured from adjacent grade shall not exceed forty-five (45) feet.

(d) Front Yards. Each lot shall have a front yard of not less than ten feet in depth.

(e) Side Yards. Each lot shall have one side yard of not less than ten feet in width. Where adjacent properties are designated single-family in the general plan, that side yard shall not be less than twenty (20) feet in width for the main building. If any part of the main building is adjacent to properties designated single-family and is more than two stories or twenty-five (25) feet in height, the third story shall be set back at least thirty (30) feet from that side yard property line. Single story accessory buildings such as carports or garages shall be set back at least five feet from the side property line.

Notwithstanding the above requirements, the side yard on the street side of each corner lot shall not be less than ten feet in width.

(f) Rear Yards. A rear yard is required at the rear of every lot. Such rear yard shall not be less than twenty (20) feet in depth. If any part of the main building is adjacent to properties designated single-family and is more than two stories or twenty-five (25) feet in height, the third story shall be set back at least thirty (30) feet from the rear property line. Single story carports or garages shall be set back at least five feet from the rear property line.

(g) Maximum Building Coverage. No restriction, but coverage is subject to parking, landscaping, and setback requirements.

(h) Open Landscaped Area. Each lot shall have not less than thirty percent (30%) of the lot area developed into permanently maintained open landscape areas. An irrigation system shall be installed and permanently maintained in each separate planter area.

Open landscaped areas shall exclude driveway area but include required front, side and rear setback areas, and usable common and private open space areas, including hardscape on parking podiums, roofs, decks and balconies.

(i) Lot Area Per Dwelling Unit. For every dwelling unit proposed, a minimum of one thousand seven hundred forty-two (1,742) net square feet of lot area shall be required. When calculating number of units, the total number of units shall be rounded down to the smaller number if the calculation produces insufficient minimum lot area for an additional unit.

(j) Minimum Parking Requirements. The minimum parking requirements for commercial uses are as specified in Chapter 18.74 SCCC. Parking for each residential unit shall be one space for each studio; one and one-half spaces for each one bedroom unit; two spaces for each two-plus bedroom unit.

Mixed use development, located near transit, and transportation demand management (TDM) can accommodate reduced parking because increased transit accessibility and mixed land uses can reduce vehicle trips and vehicle demand per household or by land use. Parking shared among uses is encouraged where an efficiency in shared use can be demonstrated. Modifications or reductions to the automobile parking space requirements of this section may be possible under the procedures set forth in SCCC 18.90.020. (Ord. 1793 § 1, 8-24-04).

18.22.050 Additional development standards.

Additional development standards include, but are not limited to, the following:

(a) Residential Development. Unless otherwise regulated within this article, the residential portion of a mixed use development shall meet the community ownership standards, as established in SCCC 18.54.080, and all applicable building code standards.

(b) Fencing. At the time of new construction of a building on property in this zoning district, the owner shall install and thereafter maintain a solid fence of masonry six feet high on all interior property lines where such a fence does not exist. In front yards and street side yards, fencing shall not exceed three feet in height.

The Director of Planning and Inspection is granted the authority as an administrative function to determine the probability of conflict between uses and, with regard to this subsection, to permit a suitable alternative for situations where construction of a masonry fence would not be warranted, such as jointly used driveway, parking or recreation areas, or adjacent minimum ten-foot yards.

(c) Landscaped Buffer. A planter, landscaped with shrubs and trees intended to provide a suitable visual screen, is required and shall be permanently maintained adjacent to all interior property lines unless two properties are developed concurrently with a common driveway at property line. Minimum width of soil area within the planter shall be five feet, or seven feet if adjacent to parking stalls.

(d) Lighting and Security.

(1) Open parking areas and common open space areas shall include lighting which provides a minimum illumination of one footcandle. Lighting fixtures shall be weather and vandal resistant. Lighting shall reflect away from residential areas and public streets.

(2) All main entrance doors to individual dwelling units shall be solid core type doors equipped with one hundred eighty (180) degree door viewers. Each main entrance door shall be equipped with a deadbolt lock with a cylinder guard, a minimum of one-inch bolt projection and a maximum security strike plate.

(3) All sliding glass doors and ground floor windows shall be equipped with auxiliary locks, as approved by the Chief of Police.

(e) Trash Disposal. Each property shall provide accessible trash disposal areas. Each disposal area shall be screened from public view by a minimum seven-foot-high masonry enclosure with solid wood gates and a roof. Such enclosures shall provide area of sufficient size to accommodate trash bins for weekly pickup of the equivalent of one thirty-two (32) gallon container per bedroom. Enclosures shall also be of sufficient size to accommodate trash bins for any commercial uses on-site. Trash compactors shall be located within an enclosed building.

(f) Building Frontage. Buildings shall occupy a minimum of fifty percent (50%) of the property frontage. In the remaining street frontage, low walls and hedges are encouraged to maintain the continuity of the streetscape. (Ord. 1793 § 1, 8-24-04).

18.22.060 Architectural review.

Architectural review per Chapter 18.76 SCCC shall occur at the Planning Commission for any new construction that will include residential. Notice shall be given by posting in the time and manner set forth in SCCC 18.112.060. (Ord. 1793 § 1, 8-24-04).

Article II. Regulations for TMU – Transit-Oriented Mixed Use Combining Zoning Districts

18.22.110 Application.

The regulations in this article shall apply to each zoning district to which the zoning suffix TMU is combined, creating a transit-oriented mixed use combining zoning district. (Ord. 1794 § 1, 8-24-04).

18.22.120 Intent.

The transit-oriented mixed use combining zoning district is intended to encourage quality high density residential development in close proximity to multiple transit lines and in conjunction with commercial development or redevelopment. This district also encourages the construction and use of housing without related commercial development. Mixed use districts encourage development that is consistent with the existing community because the districts are located in areas that have traditionally been zoned for commercial and office uses, but are adjacent to residentially zoned property. Combining housing with office and/or retail uses can increase the number and diversity of housing options available in the City, and is consistent with the City’s general plan policies for increasing housing. A variety of housing types and sizes may be provided in this zoning district. A percentage of the residential units should be affordable to low and/or moderate income households. A balance of ownership housing and rental housing is encouraged. The permitted density is from twenty-six (26) up to forty-five (45) dwelling units per acre, based on the total acreage of the site and in addition to any commercial use of the same property. Development standards for such residential use are set in SCCC 18.22.140. (Ord. 1794 § 1, 8-24-04).

18.22.130 Permitted and conditional uses.

Except as provided in this section, and subject to restrictions contained in this article, permitted and conditional uses for mixed use combining zoning districts are:

(a) Existing nonconforming uses and permitted and conditional uses specified by the thoroughfare commercial (CT) or community commercial (CC) zoning district with which the mixed use overlay zoning district is combined. The mix of residential uses and auto-oriented uses on the same property is not permitted.

(b) Multifamily dwellings with a minimum density of twenty-six (26) units per acre and a maximum density of forty-five (45) units per acre, based upon gross site acreage.

(c) Additional dwelling units may be permitted through the approval of a density bonus, subject to the regulations of Chapter 18.78 SCCC.

(d) Parking lot and/or parking structures associated with primary uses of the site.

(e) Home occupations as defined in Chapter 18.06 SCCC.

(f) Supportive housing, subject to the same standards and restrictions as other dwelling units under this chapter.

(g) Transitional housing, subject to the same standards and restrictions as other dwelling units under this chapter. (Ord. 1794 § 1, 8-24-04; Ord. 1935 § 10, 1-13-15).

18.22.140 Development standards.

Development standards include, but are not limited to, the following:

(a) Lot Area. Each lot shall contain a minimum area of twenty thousand (20,000) square feet.

(b) Lot Width. The minimum lot width shall not be less than one hundred (100) feet.

(c) Building Height Limits. Structures are limited to four stories plus depressed parking. Total building height measured from adjacent grade shall not exceed fifty (50) feet.

(d) Front Yards. Each lot shall have a front yard of not less than ten feet in depth.

(e) Side Yards. Each lot shall have one side yard of not less than ten feet in width. Where adjacent properties are designated single-family in the general plan, that side yard shall not be less than twenty (20) feet in width for the main building. If any part of the main building is adjacent to properties designated single-family and is more than two stories or twenty-five (25) feet in height, the third and fourth stories shall be set back at least thirty (30) feet from that side yard property line. Single story accessory buildings such as carports or garages shall be set back at least five feet from the side property line.

Notwithstanding the above requirements, the side yard on the street side of each corner lot shall not be less than ten feet in width.

(f) Rear Yards. A rear yard is required at the rear of every lot. Such rear yard shall not be less than twenty (20) feet in depth. If any part of the main building is adjacent to properties designated single-family and is more than two stories or twenty-five (25) feet in height, the third and fourth stories shall be set back at least thirty (30) feet from the rear property line. Single story carports or garages shall be set back at least five feet from the rear property line.

(g) Maximum Building Coverage. No restriction, but coverage is subject to parking, landscaping, and setbacks requirements.

(h) Open Landscaped Area. Each lot shall have not less than thirty percent (30%) of the lot area developed into permanently maintained open landscape areas. An irrigation system shall be installed and permanently maintained in each separate planter area.

Open landscaped areas shall exclude driveway area but include required front, side and rear setback areas, and usable common and private open space areas, including hardscape on parking podiums, roofs, decks and balconies.

(i) Lot Area Per Dwelling Unit. For every dwelling unit proposed, a minimum of nine hundred sixty-eight (968) net square feet of lot area shall be required. When calculating number of units, the total number of units shall be rounded down to the smaller number if the calculation produces insufficient minimum lot area for an additional unit.

(j) Minimum Parking Requirements. The minimum parking requirements for commercial uses are as specified in Chapter 18.74 SCCC. Parking for each residential unit shall be one space for each studio; one and one-half spaces for each one bedroom unit; two spaces for each two-plus bedroom unit.

Mixed use development, located near transit, and transportation demand management (TDM) can accommodate reduced parking because increased transit accessibility and mixed land uses can reduce vehicle trips and vehicle demand per household or by land use. Parking shared among uses is encouraged where an efficiency in shared use can be demonstrated. Modifications or reductions to the automobile parking space requirements of this section may be possible under the procedures set forth in SCCC 18.90.020. (Ord. 1794 § 1, 8-24-04).

18.22.150 Additional development standards.

Additional development standards include, but are not limited to, the following:

(a) Residential Development. Unless otherwise regulated within this article, the residential portion of a mixed use development shall meet the community ownership standards, as established in SCCC 18.54.080, and all applicable building code standards.

(b) Fencing. At the time of new construction of a building on property in this zoning district, the owner shall install and thereafter maintain a solid fence of masonry six feet high on all interior property lines where such a fence does not exist. In front yards and street side yards, fencing shall not exceed three feet in height.

The Director of Planning and Inspection is granted the authority as an administrative function to determine the probability of conflict between uses and with regard to this subsection, to permit a suitable alternative for situations where construction of a masonry fence would not be warranted, such as jointly used driveway, parking or recreation areas, or adjacent minimum ten-foot yards.

(c) Landscaped Buffer. A planter, landscaped with shrubs and trees intended to provide a suitable visual screen, is required and shall be permanently maintained adjacent to all interior property lines unless two properties are developed concurrently with a common driveway at property line. Minimum width of soil area within the planter shall be five feet, or seven feet if adjacent to parking stalls.

(d) Lighting and Security.

(1) Open parking areas and common open space areas shall include lighting which provides a minimum illumination of one footcandle. Lighting fixtures shall be weather and vandal resistant. Lighting shall reflect away from residential areas and public streets.

(2) All main entrance doors to individual dwelling units shall be solid core type doors equipped with one hundred eighty (180) degree door viewers. Each main entrance door shall be equipped with a deadbolt lock with a cylinder guard, a minimum of one-inch bolt projection and a maximum security strike plate.

(3) All sliding glass doors and ground floor windows shall be equipped with auxiliary locks, as approved by the Chief of Police.

(e) Trash Disposal. Each property shall provide accessible trash disposal areas. Each disposal area shall be screened from public view by a minimum seven-foot-high masonry enclosure with solid wood gates and a roof. Such enclosures shall provide area of sufficient size to accommodate trash bins for weekly pickup of the equivalent of one thirty-two (32) gallon container per bedroom. Enclosures shall also be of sufficient size to accommodate trash bins for any commercial uses on-site. Trash compactors shall be located within an enclosed building.

(f) Building Frontage. Buildings shall occupy a minimum of fifty percent (50%) of the property frontage. In the remaining street frontage, low walls and hedges are encouraged to maintain the continuity of the streetscape. (Ord. 1794 § 1, 8-24-04).

18.22.160 Architectural review.

Architectural review per Chapter 18.76 SCCC shall occur at the Planning Commission for any new construction that will include residential. Notice shall be given by posting in the time and manner set forth in SCCC 18.112.060. (Ord. 1794 § 1, 8-24-04).

Article III. Regulations for VHDMU – Very High Density Mixed Use Zoning Districts

18.22.210 Application.

The regulations set forth in this article apply to all parcels in the VHDMU zoning districts. (Ord. 2004 § 1, 8-27-19).

18.22.220 Intent.

This district is designed to provide for transit- and pedestrian-oriented mixed use development comprised of very high density housing over fifty (50) dwelling units per acre and up to and including one hundred twenty (120) dwelling units per acre in conjunction with local and regional serving commercial uses that link with existing and planned transit facilities to support and maximize transit use. This district is intended to encourage high quality integrated development consisting of residential and commercial uses in a horizontal and or vertical arrangement to maximize open space for active and passive uses and provide opportunities for place making. (Ord. 2004 § 1, 8-27-19).

18.22.230 Permitted uses.

(a) Multiple-family dwellings with a minimum density of fifty-one (51) dwelling units per acre up to and including a maximum density of one hundred twenty (120) dwelling units per acre, based on gross site acreage.

(b) Parking structures associated with the primary uses of the site.

(c) Home occupation as defined under Chapter 18.06 SCCC.

(d) Supportive housing, subject to the same standards and restrictions as other dwelling units under this chapter.

(e) Transitional housing, subject to the same standards and restrictions as other dwelling units under this chapter.

(f) Any use permitted in the CC community commercial district (Chapter 18.36 SCCC), CN neighborhood commercial district (Chapter 18.34 SCCC), or OG general office district (Chapter 18.32 SCCC), each as may be amended and subject to the regulations set forth in this article and the following:

(1) Such uses are permitted on the ground floor of multifamily dwelling structures.

(2) Such uses are permitted in buildings intended solely for retail use; provided, that the development of the retail building would not make it infeasible to achieve the minimum residential density specified in this article over all contiguous parcels with the VHDMU zoning designation.

(3) No auto service uses, mortuaries, lodges, or clubs are permitted.

(g) On the ground floor of multifamily dwelling structures, live/work units subject to the following performance standards:

(1) A minimum first floor to ceiling height of twelve (12) feet;

(2) A minimum front room depth of thirty-five (35) feet;

(3) A minimum of sixty-five percent (65%) glazing along the front elevation;

(4) Double entry doors with a minimum of eighty percent (80%) transparent glass surface area; and

(5) Live/work units occupy a maximum of twenty-five percent (25%) of an individual building’s ground floor retail frontage.

(h) Hotel, full service that may include restaurant(s), bar/lounge, massage and spa services, administrative offices, and meeting and banquet rooms.

(i) Restaurants, including on-premises sale and service of beer, wine and/or distilled spirits.

(j) Outdoor seating and dining areas appurtenant to restaurant and retail uses.

(k) Live entertainment that is wholly incidental to an otherwise permitted commercial use.

(l) Outdoor walk-up facility appurtenant to retail uses. (Ord. 2004 § 1, 8-27-19).

18.22.240 Conditional uses.

(a) Any use identified as a conditional use in the CC community commercial district (Chapter 18.36 SCCC), CN neighborhood commercial district (Chapter 18.34 SCCC), or OG general office district (Chapter 18.32 SCCC), each as may be amended, subject to the regulations set forth in this article and the following:

(1) Such uses are conditionally permitted on the ground floor of multifamily dwelling structures;

(2) Such uses are conditionally permitted in buildings intended solely for retail use; provided, that the development of the retail building would not make it infeasible to achieve the minimum residential density specified in this article over all contiguous parcels with the VHDMU zoning district.

(b) On the ground floor of multifamily dwelling structures, live/work units that meet the glazing and entry door requirements of the performance standards set forth in SCCC 18.23.030(j) but that do not meet one or more of the following minimum performance standards:

(1) A minimum first floor to ceiling height of twelve (12) feet;

(2) A minimum front room depth of thirty-five (35) feet; or

(3) Live/work units occupy a maximum of twenty-five percent (25%) of an individual building’s ground floor retail frontage.

(c) Stand-alone parking garage.

(d) Live entertainment as a primary use.

(e) Cocktail lounges, bars, or taverns not associated with a restaurant or hotel use. (Ord. 2004 § 1, 8-27-19).

18.22.250 Development standards.

(a) Dwelling Unit Density. For the VHDMU district, the minimum dwelling unit density shall exceed fifty (50) dwelling units per acre and the maximum dwelling unit density is one hundred twenty (120) dwelling units per acre.

(b) Minimum Lot Area. None.

(c) Minimum Lot Width. None.

(d) Building Height Limits. The maximum height limit in the VHDMU district shall be limited by FAA restrictions, as may be amended.

(e) Front Yard Requirements. None.

(f) Side Yards Requirements. None.

(g) Maximum Building Coverage. No maximum, subject to providing adequate pervious area to meet stormwater requirements. (Ord. 2004 § 1, 8-27-19).

18.22.260 Parking requirements.

(a) Minimum Parking Requirements.

(1) The minimum parking requirements for all commercial uses, including restaurants, is three parking spaces per one thousand (1,000) square feet of building area.

(2) Hotel rooms: 0.75 spaces per each lodging unit.

(3) Studio and one bedroom residential units: one parking space per unit.

(4) Residential units with two or more bedrooms: one and one-half parking spaces per unit.

(b) Shared Parking. Parking shared among uses is encouraged, and a maximum of twenty percent (20%) of the parking spaces provided may be shared between two uses. For the purposes of this article, those parking spaces shared between two uses count towards the parking requirement of both.

(c) Modifications or reductions to the automobile parking space requirements of this section may be permitted under the procedures set forth in SCCC 18.90.020. (Ord. 2004 § 1, 8-27-19).

18.22.270 Additional development standards.

(a) Lighting and Security.

(1) Open parking areas and common open space areas shall include lighting which provides a minimum illumination of one foot-candle. Lighting fixtures shall be weather and vandal resistant. Lighting shall reflect downward and away from residential areas and public streets.

(2) All main entrance doors to individual dwelling units shall be equipped with one hundred eighty (180) degree door viewers. Each main entrance door shall be equipped with a deadbolt lock with a cylinder guard, a minimum of one-inch bolt projection and a maximum security strike plate.

(3) All sliding glass doors and ground floor windows shall be equipped with auxiliary locks, as approved by the Chief of Police.

(b) Trash Disposal. Each property shall provide accessible trash disposal areas. If not placed within a garage or other structure, each disposal area shall be screened from public view. Such enclosures shall provide area of sufficient size to accommodate trash and recycling bins for residential and commercial uses on site. Trash compactors shall be located within an enclosed building. (Ord. 2004 § 1, 8-27-19).