Chapter 17.59
MIXED-USE OVERLAY DISTRICT (MUOD)

Sections:

17.59.010    Intent, purpose, and applicability.

17.59.020    Definitions.

17.59.030    Permitted and conditional uses.

17.59.040    Accessory uses.

17.59.050    Uses not listed.

17.59.060    Property development standards and special development regulations.

17.59.070    Statement of intent for the objective design and architectural standards.

17.59.080    Objective design and architectural standards.

17.59.090    Submittal requirements and applications.

17.59.100    Review process, approval authority, and appeal procedures.

17.59.010 Intent, purpose, and applicability.

A. The intent of this mixed-use overlay district (MUOD) is to guide and regulate future mixed-use development in accordance with the policies and objectives of the mixed-use land use designation as established in the Covina general plan. The MUOD establishes specific development regulations and design criteria/standards with the goal of achieving high-quality mixed-use projects, which can be applied on a project-by-project basis to areas that are designated general commercial or industrial in the general plan.

B. The purpose of this MUOD is to:

1. Encourage mixed-use projects that combine residential with nonresidential uses in the same building or project/building site area as a means to create an active street life, enhance the vitality of businesses, and reduce the need for automobile travel.

2. Create cohesive yet diverse neighborhoods with increased economic and cultural opportunities, contributing to greater livability and a healthier local economy.

3. Provide walkable neighborhoods with pedestrian-oriented amenities and connections.

4. Enhance the appearance of the city by considering the creative design of buildings, structures, and facilities.

5. Provide a meaningful blend of residential and nonresidential uses that ensure compatibility within the project area and with surrounding uses and development patterns.

6. Encourage and facilitate in-fill development. Encourage consolidation of small parcels into larger, more viable, block-sized areas for mixed-use projects.

7. Provide a diversity of housing options and affordability, and accommodate live/work units and spaces that enable residents to live closer to where they live, work and recreate.

8. Create more opportunities for residential development in the city.

C. Applicability.

1. The MUOD is an overlay zone. Uses allowed in the underlying zoning classification will continue to be allowed. The MUOD establishes regulatory standards and procedures that are flexible enough to review and approve future mixed-use developments that benefit the city and future applicants. Applicants can choose to either comply with the development and design standards and requirements established with the underlying zoning classification per the existing zoning code or comply with the mixed-use development and design standards and requirements described in this chapter.

2. Property classified with a MUOD shall be identified on the city’s official zoning map by both the underlying zone and the MUOD by listing the (MUOD) classification in parenthesis after the underlying zoning classification. (Ord. 22-12 § 4 (Exh. A), 2022.)

17.59.020 Definitions.

The following definitions apply to mixed-use development within the MUOD:

A. Floor Area Ratio. The floor area ratio (FAR) regulates the amount of use (the intensity) allowed on a building lot. FAR is the measurement of a building’s floor area relative to the size of the lot/parcel on which the building is located. FAR is expressed as a decimal number and is derived by dividing the total area of the building by the total area of the parcel (building area divided by lot area).

B. “Lot coverage” means the percentage of the lot area covered by structures or buildings, including all accessory buildings such as detached recreation buildings, laundry buildings, carports or garages and other similar detached structures. Not included in the lot coverage are trellises, patios, patio covers within common open spaces, and trash enclosures areas.

C. “Live-work unit or space” means a rental or ownership unit consisting of both living spaces and work areas, where the live-work unit is the primary dwelling of the occupant. Typical uses include artist lofts, studio spaces, small offices, or similar low-intensity uses.

D. “Maker space activities and uses” means uses such as artist studios and galleries, incubator industrial uses, 3-D printing services, wholesale and retail coffee with on-site roasting and cafe, and research and technology (invention, design and improvement of products and equipment) uses such as artificial intelligence, software, audio and visual technology.

E. “Mixed-use development” means projects that combine residential uses with other types of uses such as commercial, office, light industrial, and institutional uses, as well as pedestrian amenities and connections in a single cohesive project. Both horizontal and vertical mixed-use development will be allowed as follows:

1. Horizontal Mixed Use. Horizontal mixed-use projects allow a range of uses in a single development project area where uses are adjacent to one another, either in separate buildings or on separate parcels included in a single project application. Internal streets and drives connect the separate but adjacent uses with pedestrian connections and pathways. The buildings and individual project components may have common features and support services such as parking, servicing, loading, and utility areas.

2. Vertical Mixed Use. Vertical mixed-use projects allow for a mix of uses in the same building where nonresidential uses occupy the ground floor and residential uses occupy the upper levels. A vertical mixed-use project may have a surface parking lot, subterranean parking decks, and/or aboveground parking decks.

F. “Net acre” means the total land area after the land dedication for a public street.

G. “Research and development” means work and activities directed toward the innovation, introduction, and improvement of products and processes. (Ord. 22-12 § 4 (Exh. A), 2022.)

17.59.030 Permitted and conditional uses.

A. If a mixed-use development project is located within an industrial zone and proposes to develop a mix of residential and nonresidential uses within the same project area, the following uses are permitted:

1. Residential Uses.

a. Multiple-family dwellings such as townhouses, stacked flats, open floor plan lofts, apartments, condominiums, and similar housing types.

b. Accessory dwelling units and junior accessory dwelling units, subject to the provisions of Chapter 17.69 CMC.

c. Live-work units. The living (dwelling) space shall occupy a minimum of 80 percent of the total gross floor area of the unit, while the workspace shall occupy a minimum of 500 square feet. The workspace area within the live-work unit is prohibited from converting the space into an accessory dwelling unit. The following are permitted uses within live-work units:

i. Professional, administrative, and business uses;

ii. Studios (art, photography, copywriter, film video, podcasting);

iii. Arts and craft studios, including sales and galleries;

iv. Tutoring services such as music, math, and other academic subjects with a maximum of two students attending the tutoring service at any one time; and

v. Home-based cottage food business.

d. Small family day care (up to eight children) and large family day care (up to 14 children).

2. Industrial Uses.

a. Light manufacturing uses, including manufacturing of crafts, art, sculpture, stained glass, jewelry, apparel, small household furniture, and similar items.

b. Furniture upholstery activities, including custom household upholstery of chairs, couches, sofas, etc.

c. Craft brewery or winery production, without on-site testing or sales.

d. Research and development uses and activities, including businesses that result in new technology that could be used to create new products, services, and/or systems that could either be used or sold.

e. Technology-related uses, such as computer and software development, electronics, etc.

f. Podcast and small-scale video production.

g. Small-scale food preparation and/or packaging.

h. Bicycle sales and service.

i. Makerspace activities and uses per subsection (A)(4) of this section.

3. Commercial Uses.

a. Shared food and retail facilities, such as food halls.

b. Cafes, tea shops, and restaurants (without serving alcohol).

c. Small neighborhood markets (less than 5,000 square feet).

d. Florists and plant shops.

e. Interior decorating services (without warehousing of products).

f. Professional, administrative, and nonmedical office uses.

4. Community Spaces and Areas.

a. Community spaces and areas including plazas, open spaces, co-working spaces, and recreation areas.

b. Community spaces and areas within live-work buildings.

5. Uses permitted subject to a conditional use permit (Chapter 17.62 CMC).

The establishment of the following conditionally permitted uses shall require approval of a conditional use permit pursuant to Chapter 17.62 CMC as part of a mixed-use development project, in addition to the site plan review approval required pursuant to this chapter and Chapter 17.64 CMC:

a. Craft brewery and winery with on-site tasting and sales.

b. Personal training, gym and fitness centers, gymnastic schools, and health clubs (less than 5,000 square feet).

c. Religious and public assembly.

d. Catering services.

e. Research and development (R&D), and manufacturing of biotech, pharmaceutical, and nutritional supplements. Incidental retail of the on-site manufactured product is allowed. The floor area for incidental retail spaces shall not exceed 10 percent of the gross floor area of the R&D and manufacturing use.

B. If a mixed-use development project is located within a commercial or administrative/professional zone and proposes to develop with a mix of residential and nonresidential uses within the same project area, as set forth in CMC 17.59.060, the following uses are permitted:

1. Residential Uses.

a. Single-family attached, duplexes, triplexes, or fourplexes.

b. Multifamily dwellings such as townhouses, stacked flats, apartments, condominiums, and similar housing types.

c. Accessory dwelling units and junior accessory dwelling units, subject to the provisions of Chapter 17.69 CMC.

d. Live-work units. The living (dwelling) space shall occupy a minimum of 80 percent of the total gross floor area of the unit, while the workspace shall occupy a minimum of 500 square feet. The workspace area within the live-work unit is prohibited from converting the space into an accessory dwelling unit. The following are permitted uses within live-work units:

i. Professional, administrative, and business uses;

ii. Studios (art, photography, copywriter, video production, podcasting);

iii. Arts and craft studios, including sales and galleries;

iv. Tutoring services such as music, math, and other academic subjects with a maximum of two students attending the tutoring service at any one time; and

v. Home-based cottage food business.

e. Small family day care (up to eight children) and large family day care (up to 14 children).

2. Commercial Uses.

a. All permitted uses under Chapter 17.34 CMC, C-P Commercial, Administrative and Professional Office Zone, and Chapter 17.38 CMC, C-2 Commercial Zone (Neighborhood Shopping Center), are permitted as part of a mixed-use development project.

3. Conditionally Permitted Uses.

a. The conditionally permitted uses identified in CMC 17.34.030 and 17.38.030 shall be allowed with the approval of a conditional use permit pursuant to Chapter 17.62 CMC as part of a mixed-use development project, in addition to the site plan review approval required pursuant to this chapter and Chapter 17.64 CMC. (Ord. 22-12 § 4 (Exh. A), 2022.)

17.59.040 Accessory uses.

The following accessory uses are permitted within a mixed-use project:

A. Parking lots associated with a mixed-use project.

B. Electric vehicle charging stations.

C. Public and private recreation facilities.

D. Mechanical utility equipment (refer to screening requirements in CMC 17.59.060(B)(10) and (B)(12)).

E. Dog parks.

F. Smart electronic lockers system, self-service package lockers system, or package lockers system kiosks. (Ord. 22-12 § 4 (Exh. A), 2022.)

17.59.050 Uses not listed.

The director of community development (director) may determine that a proposed use not listed in CMC 17.59.030 may be allowed, subject to the following use findings:

A. The characteristics of and activities associated with the proposed use are equivalent to those of one or more of the uses listed in the underlying zoning classification and this chapter. The proposed use will not involve a higher activity or population density level than the uses listed in the underlying zoning classification and this chapter.

B. The proposed use will meet the purpose or intent of the underlying zoning classification and this chapter as applied to the site.

C. The proposed use will be consistent with the goals and visions of this chapter and the general plan and any applicable specific plan. (Ord. 22-12 § 4 (Exh. A), 2022.)

17.59.060 Property development standards and special development regulations.

The following property development standards and special development regulations shall apply to any project developed pursuant to this chapter.

A. Development Standards.

1. Minimum project area size 20,000 square feet.

2. Density and Intensity.

a. Residential Density. A minimum of 22 and a maximum of 40 dwelling units per net acre.

b. Nonresidential Floor Area Ratio.

i. Less than one acre: 1.0 FAR (excluding any residential areas).

ii. One acre or greater: 1.25 FAR (excluding any residential areas).

c. Mixed-use projects may develop under the maximum FAR for nonresidential development and maximum density for residential development within the same project area provided all standards in this section, and other applicable sections in this title are met. Notwithstanding the foregoing, a mixed-use project must dedicate at least 25 percent of the total gross floor area to nonresidential use.

3. Lot Coverage, Building Setbacks, Building Heights, and Step-Back Standards for Horizontal and Vertical Mixed Uses – Table 17.59.060-A3.

a. For Residential Uses. Except as established in this section, all other regulations and standards of the RD residential zone (multifamily) shall apply.

b. For Commercial Uses. Except as established in this section, all other regulations and standards of the underlying zone, either C-P or C-2, shall apply.

c. For Industrial Uses. Except as established in this section, all other regulations and standards of the underlying M-1 zone shall apply.

d. The following lot coverage, building setbacks, building heights, and step-back requirements shall apply:

Table 17.59.060-A3

Lot Coverage, Building Setbacks, Building Heights, and Step-Back Requirements

Standards

Horizontal Mixed Use (1)

Vertical Mixed Use (1)

 

Residential

Commercial

Industrial

 

Lot Coverage (Maximum)

45%

60%

60%

60%

Building Setbacks (Feet) From Property Lines

 

 

 

 

Front setback

15

10

10

10

Street side setback

10

10

10

10

Alley setback

5

5

5

5

Interior side setback, adjacent to single-family residential zones

10

10

10

10

Interior side setback, adjacent to multifamily zones

10

10

10

10

Interior side setback, adjacent to nonresidential zones

10

5

5

5

Rear setback, adjacent to single-family residential zones

15

15

15

15

Rear setback, adjacent to multifamily zones

10

10

10

10

Rear setback, adjacent to nonresidential zones

10

10

10

10

Accessory Structures (Feet) Within Front Yard

15

10

10

10

Accessory Structures (Feet) From Rear, Street Side, and Interior Side Property Line

 

 

 

 

Detached garages or carports, other detached accessory structures such as trash enclosure areas, covered patio, etc.

5

5

5

5

Building Height (Feet)

 

 

 

 

Maximum building height

50

50

50

50

Building Step-Back (Feet) From Property Line

 

 

 

 

Third story and above: step-back from street side and interior side when adjacent to single-family residential zones

15

15

15

15

Third story and above: step-back from rear when adjacent to single-family residential zones

20

20

20

20

Notes:

(1) See definitions of “horizontal mixed use” and “vertical mixed use.”

4. Minimum separation between buildings within project site area for residential, nonresidential or mixed-use buildings, pursuant to Table 17.59.060-A4 below:

Table 17.59.060-A4

Minimum Separation Between Buildings Within Project Site

Residential, Nonresidential, or Mixed-Use Buildings

1- or 2-Story (distance in feet)

3-Story (distance in feet)

4-Story or More (distance in feet)

Residential buildings adjacent to commercial, industrial or mixed-use buildings

20

20

20

Building side to building side

10

15

15

Building front to building front

15

20

25

Building rear to building rear

10

15

15

Building side to drive aisle curb

5

10

15

Garage, carports or accessory structures to habitable buildings

10

10

10

Other

10

10

10

B. Special Development Regulations.

1. A licensed architect, landscape architect and/or civil engineer shall prepare the development plans for any mixed-use project.

2. Ground Floor Height. The minimum ground floor height of all nonresidential spaces within vertical mixed-use projects shall be 15 feet. The ground floor height shall be measured from the first story’s finished floor to the second story’s floor. Plans must demonstrate that the floor space will accommodate equipment and ventilation for the nonresidential tenant use.

3. Grease Interceptors and Vertical Mechanical Vents. All commercial spaces shall provide grease interceptors and vertical mechanical chases for venting. The grease interceptor(s) shall be underground and “stubbed in” the infrastructure. Residential units above commercial spaces shall be constructed with mechanical shafts to the roof. The development plans must show the location(s) of grease interceptors and the vertical mechanical chase.

4. Sound and Vibration Insulation. Provide sound and vibration insulation between floors for vertical mixed-use projects to ensure that noise levels do not exceed 60 decibels between 7:00 a.m. and 10:00 p.m.; and 45 decibels between 10:00 p.m. and 7:00 a.m. An acoustical study shall determine the sound and vibration attenuation measures for reducing noise from the ground floor tenant(s).

5. Access, Circulation and Mobility. The design of access and circulation improvements must accommodate multiple users with different abilities and transportation mode preferences such as driving, biking, walking, ride share, and taking transit. Use shared driveway access to serve more than one property. Each driveway access shall be aligned with the driveway across the street or at a median opening. If alignment is not possible, driveways access shall be offset a minimum of 150 feet from those on the opposite side of the street. Design must not create vehicle and pedestrian conflicts.

6. Pedestrian Orientations, Connections, and Amenities. Provide clear delineation of pedestrian walkways or bike trails with decorative pavement materials, landscaping, and lighting for safety. Incorporate a minimum of five pedestrian amenities, including but not limited to decorative pavement, trellises and arbor features, site furniture, shade structures, wider sidewalks, curb extensions, parklets, benches, and canopy-shaped evergreen shade trees. Decorative pavement materials shall be either heavy broom-finished integral color concrete, acid-finished natural concrete or brick pavers, or a combination of the mentioned materials.

7. Fences and Walls. The maximum fence and wall height shall be six feet. Within front yard area, the maximum fence and wall height shall be three feet and shall be of open fence design with wrought iron and decorative pilasters. Fences and walls shall use the same materials, finished textures, and colors as the primary buildings and structures in the project. Fences and walls shall incorporate at least two of the following features: a minimum of two-foot change in plane for at least every 25 lineal feet; use of pilaster at 50 lineal feet intervals; use block with stucco, or split face block, or slump block; or pilaster with wrought iron.

8. Off-Street Parking. Parking standards for residential and nonresidential uses shall follow the parking requirements set forth in Chapter 17.72 CMC. Parking incentives are as follows:

a. The first 1,000 square feet of commercial or nonresidential floor area are exempt from parking requirements.

b. Two-car tandem parking shall be allowed to meet the residential parking requirements.

c. For horizontal mixed-use development, the residential project is allowed to share the nonresidential parking spaces as residential guest parking spaces up to a maximum of 50 percent of the total required residential guest parking. Pedestrian pathways with direct and safe route to the shared parking spaces from the residential project to the nonresidential project shall be provided.

d. For vertical mixed-use projects, required parking spaces can be reduced by 10 percent if the mixed-use project includes all of the following features: a minimum of two parking spaces designated for pick-up and drop-off spots for ride-hailing services, at least one loading space (14-foot width by 25-foot length) for parcel delivery services, at least one smart electronic lockers system, and at least three four-space bike racks.

9. Signs. Signage can be of varying shapes, types, styles, and color combinations. Canister and box signs are prohibited. A sign program shall be required to describe sign types, locations, sizes, colors, materials, and text and lettering for each building and use. A sign program shall be approved prior to issuance of building permit.

10. Screening of Equipment, Refuse Storage, and Loading Areas. Roof-mounted equipment shall be totally screened by parapet walls. Ground-mounted equipment, wall-mounted equipment, refuse collection areas, and loading areas shall be hidden from public view. Screening design, including colors, materials, and finishes, shall be the same as the architecture and design of the primary building(s).

11. Lighting. Exterior building lighting provides visibility and safety by illuminating sidewalks, pedestrian paths, and plazas. The light fixtures shall match the architectural style of the primary buildings. The maximum height of light poles from the finished surface to the top of the light fixture shall be 20 feet. Energy-efficient LED lights with shields shall be installed. The light illumination shall not exceed one foot-candle at the property line. Applicant shall submit a photometric plan/diagram prepared by an licensed engineer to demonstrate compliance with the standard of one foot-candle at the property line.

12. Placement of Utilities, Meters, and Transformers. All utility, meter, and transformer equipment shall be hidden from public view and must be shown on the site plan. All ground-mounted equipment including but not limited to transformers and AC units must be totally screened by a decorative screen wall, landscaping, or a combination. Wall-mounted equipment shall match the building architectural style in terms of colors and materials.

13. Roof access shall be within the building. Any proposed exterior ladder for roof access must be hidden from public view and integrated into the design of the building.

14. Common Open Spaces. Horizontal and vertical mixed-use developments are required to provide common open spaces at a minimum of five percent of the total project site area. Setback areas shall not be used to satisfy common open space requirements. Common open space shall have 60 percent landscaping improvements. Common open spaces must provide at least three different types of the following list of common open space:

a. Outdoor Plazas. Outdoor plazas shall incorporate all of the following amenities: drinking fountains, water features, trash cans, accent lighting, and other similar enhancements that encourage public use and social gathering. Outdoor plazas for vertical mixed-use projects shall be cited at locations with a visual connection with the public realm.

b. Rooftop gardens.

c. Passive open space areas.

d. Community gardens.

e. Recreation centers.

f. Courtyards.

15. Incentive for Public Art. The installation of one piece of public art within an outdoor plaza is allowed a one percent reduction of the required common open space, which reduces the percentage of the common open space from five percent to four percent of total project site area. Public art may be in the form of a stand-alone sculpture or statue, or integrated into the building facade, or applied to a surface such as a mural, and shall be maintained for the life of the project. Public art must be three-dimensional and monumental in scale. “Monumental in scale” means that at least one dimension is five feet or larger.

16. Residential Private Open Spaces. Residential units require 100 square feet of private open space per unit. Private open space may include balconies, ground-level patios, or a combination of both.

17. Permitted height projections above limit for vertical mixed-use developments are as follows:

a. A maximum of 10 feet of vertical height projections above the otherwise applicable building height limit is allowed for decorative features including spires, cupolas, or rooftop open space features (including sundecks, trellises and landscaping). Such decorative features may cover a maximum of 20 percent of the roof area. The decorative features must be set back from the exterior wall of the building by one foot for every foot of projection above the height limit.

b. A maximum of 16 feet of vertical height projections above the otherwise applicable building height limit is allowed for elevators and stair towers. Elevators and stair towers may cover a maximum of 10 percent of the roof area. The elevator and stair tower must be set back from the exterior wall of the building by one foot for every foot of projection above the height limit. (Ord. 23-11 §§ 8, 9, 2023; Ord. 22-12 § 4 (Exh. A), 2022.)

17.59.070 Statement of intent for the objective design and architectural standards.

A. Promote diversity of uses. Increase the diversity and range of uses and activities, such as housing, retail, services, offices, and civic and community facilities. The diversity of uses will attract activities at different times of the day and at appropriate locations. It strengthens the connection between people and places and promotes better urban design.

B. Integrate with existing neighborhoods. Minimize potential negative impacts on neighboring properties by transitioning the size, scale, and character of the mixed-use development with adjacent uses and neighborhoods.

C. Promote pedestrian orientation. Incorporate a pedestrian-friendly site design with direct walking and bicycling connections within the site and to surrounding areas. The design shall provide pedestrian-oriented architecture, well-defined street edges, active ground floors, and attractive building details.

D. Provide flexible transportation and parking approaches. Consider reducing parking requirements if a mixed-use development meets or provides the following measures: adjacent to local or regional transit lines or routes within one-half mile; provide creative solutions such as shared parking, car sharing, and electric vehicle charges; and provide transportation demand measures (TDM) to reduce vehicle miles traveled (VMT).

E. Promote attractive design and create a focal point for the community. Mixed-use developments are typically located at higher-profile locations and along major arterial and secondary roads. This serves as a community focal point for the neighborhood(s). Features shall provide easy access by foot; provide transit, bicycle, gateway, or landmark elements; and incorporate inviting gathering places that allow community activities.

F. Promote environmental sustainability. Incorporate green building techniques and infrastructure in building design for the efficient use of energy, water, construction materials, and waste reduction. (Ord. 22-12 § 4 (Exh. A), 2022.)

17.59.080 Objective design and architectural standards.

Mixed-use developments subject to this chapter are required to comply with the required threshold of the objective design and architectural standards listed under Table 17.59.080.

Table 17.59.080

Table of Objective Design and Architectural Standards 

 

Objective Design and Architectural Standards

Included (Yes/No/NA)

I. Integrate With Existing Neighborhoods – must comply with all standards in this subsection I to meet threshold

1.

Front porches and individual entries shall face the street or common open space.

 

a. 

All ground-level units shall include an individual entry, porch, patio or terrace.

 

b. 

A minimum of 50 percent of the upper-story units shall include a balcony or terrace.

 

II. Site Planning and Parking – must comply with three of five standards of this subsection II to meet threshold

1.

Parking areas shall be located in the rear or interior of the lot/parcel or shall be screened from public right-of-way with landscaping and hedgerows (five-gallon-size evergreen shrubs planted at four feet on center).

 

2.

Loading areas shall be hidden from the street.

 

3.

Vertical mixed-use buildings with three stories or more shall provide a minimum of 20 feet distance buffering from any property line adjacent to property zoned as a single- family residential zone. Landscaping, drive aisle, parking, or a combination of any of these features may encroach within the 20-foot distance buffering.

 

4.

Parking areas shall include at least two of the following shade elements such as trees, vine-covered trellises, and overhead solar panels.

 

5.

For residential projects, a cluster or a row of units shall have a lateral shift or a complete break of at least three feet after every three units to avoid one continuous monotonous building setback.

 

III. Architectural Standards – must comply with seven of 10 standards of this subsection III to meet threshold

1.

Eliminate large blank exterior walls by providing varied building plane articulation. A long continuous building plane of up to 30 feet in length must have a three-foot recess or pop-out architectural feature.

 

2.

Incorporate into building facades human-scale detailing such as reveals, belt courses, cornices, structural and architectural bays, recessed windows or doors, mullions, awnings, covered arcades or porticos, arched columns, etc. Building design must incorporate at least a minimum of four mentioned detailing types.

 

3.

Provide vertical roof plane variation. Rooflines shall be vertically articulated at least every 48 feet along the street frontage through one of the following techniques: a change in wall or roof height of a minimum of four feet; a change in roof pitch; a change in roof form with respect to the direction of slopes; or the inclusion of dormers, towers, or parapets.

 

4.

Provide nonhabitable front porches and/or patios, which may project into the front yard setback by five feet for residential uses. Area of the front porch shall be a minimum of 45 square feet.

 

5.

For nonresidential use, building design shall include all of the following required architectural elements: awnings, towers, covered arcades, or porticos.

 

6.

Locate all entries and entryways to be directly visible and accessible from the public sidewalk. Corner buildings shall have comer entries.

 

7.

For nonresidential or mixed use buildings, incorporate at least three building materials to add color, texture, variation, and interest. Acceptable building materials are stucco, tiles, concrete, stone or brick veneer, steel or glass.

 

8.

For residential buildings, incorporate at least three building materials to add color, texture variation, and interest. Acceptable building materials are stucco, tiles, culture stones or brick veneer, wood or simulated wood sidings, or authentic and natural (granite) river rock.

 

9.

Employ accent materials such as tile insets, terra-cotta, natural or cultured stone medallions, roof cornices, brackets, window trims, etc., to add color, textures, and visual interest. Must incorporate at least three accent materials.

 

10.

Buildings that are three stories or taller and wider than 30 feet shall be designed to differentiate the ground floor, middle body (i.e., all of the floors between the ground floor and top floor or cornice/parapet cap), and the top floor or cornice/parapet cap. Each of these elements shall be distinguished from one another through the use of the techniques listed in (10)(a), (10)(b), and (10)(c):

 

a.

Variation in building modulation for a minimum of 70 percent of the length of the facade through changes in wall planes that protrude or recess with a minimum dimension of three feet.

 

b.

Variation in facade materials through the use of at least two of the following: size, texture, pattern, or color.

 

c.

Variation in fenestration, through the following: incorporating a step-back. recession or projection with a minimum depth of three feet, and a change in surface area occupied by windows, doors, balconies, or trim by a minimum of 15 percent.

 

IV. Project Landscape and Hardscape – must comply with all standards of subsection IV to meet the threshold

1.

Landscaping design and density shall incorporate the following features and requirements:

 

a.

One tree per 30 lineal feet of building perimeter and project boundaries.

 

b.

Fifteen-gallon minimum for tree size; 30 percent of the total trees at 24-inch box-size trees; five-gallon size shrubs; and ground cover at 12 inches on center.

 

c.

Provide a mix of 35 percent evergreen trees, 35 percent deciduous trees and 30 percent flowering accent trees.

 

d.

Provide evergreen trees for shade along the south and west sides, and deciduous trees along the north and east sides.

 

e.

Provide evergreen and canopy shade trees for parking areas. Plant parking lot trees at a rate of one tree per seven parking spaces and provide shade for over 50 percent of the parking area within 15 years (CALGreen Code).

 

2.

Use drought-tolerant planting and water-efficient irrigation.

 

3.

Require special paving material such as interlocking pavers or stamped, integral colored concrete with patterns, or equivalent for hardscape within common open space.

 

V. Project Amenities – must comply with two of five standards of subsection V to meet the threshold

1.

Incorporate one piece of public art within the outdoor plaza area.

 

2.

Provide at least one innovative community feature including, but not limited to, a dog park for the project, outdoor dining and gathering areas, or at least one or more secured parcel and package locker areas or other similar community features.

 

3.

All buildings are Energy Star Certified.

 

4.

Commercial use: Incorporate rooftop decks for restaurants, which will be counted towards the required common open space for total project site area.

 

5.

Residential use or vertical mixed-use buildings: Incorporate a minimum of 500 square feet of interior community and shared co-workspace with office equipment and high-speed Wi-Fi.

(Ord. 22-12 § 4 (Exh. A), 2022.)

17.59.090 Submittal requirements and applications.

Submittal of new construction, additions, renovations, and alterations of existing structures and site area shall comply with the requirements described in Chapter 17.64 CMC (Site Plan Review) and any other requirements as deemed necessary by the director. All submitted plans, including elevations, site plans, design plans, grading plans, utility plans, etc., shall be prepared by licensed architects and engineers. The applicant shall be responsible for submitting written materials demonstrating that the proposed project is in conformance with all property development standards and special development regulations (CMC 17.59.060) and objective design and architectural standards (CMC 17.59.080) and in the format or checklist as prescribed or issued by the Director. (Ord. 22-12 § 4 (Exh. A), 2022.)

17.59.100 Review process, approval authority, and appeal procedures.

A. Mixed-use projects that meet the requirements of this chapter shall be reviewed in accordance with the site plan review process in Chapter 17.64 CMC. If there is a conflict between the provisions of Chapter 17.64 CMC and this chapter, this chapter shall prevail.

B. Applicant’s Responsibility. The applicant shall prepare and submit plans, materials, studies, and reports according to the city’s submittal checklists. All submitted plans, including elevations, site plans, design plans, grading plans, utility plans, etc., shall be prepared by licensed architects and engineers. The applicant shall be responsible for submitting written materials demonstrating that the proposed project is in conformance with all property development standards and special development regulations (CMC 17.59.060) and objective design and architectural standards (CMC 17.59.080) and in the format or checklist as prescribed or issued by the director.

C. Planning Commission’s Authority. Pursuant to CMC 17.64.050, the planning commission shall have the authority to approve, approve with conditions, or deny a project application under the MUOD.

D. Appeal Process and Procedures.

1. All decisions of the planning commission shall be final unless appealed to the city council. An appeal shall be filed with the city clerk within 10 calendar days after the decision by the planning commission. The city council may affirm, reverse, or modify the planning commission’s decision. The decision of the city council on such appeal shall be final.

2. All appeals shall be made in writing and filed during regular business hours at the designated location with the city clerk. The appeal shall specify the decision appealed from, the specific action or relief sought by the appellant in the appeal, and the reasons why the planning commission’s action should be modified or reversed. All appeals are subject to public hearings.

3. A deposit or fee required by city council resolution or ordinance shall accompany the appeal request. (Ord. 22-12 § 4 (Exh. A), 2022.)