Chapter 10-2 ZONING: PART II. Article 9 Mixed Use Planned Development District (M-U)

Article 9. Mixed Use Planned Development District (M-U)

10-2.2.901 Purpose and Intent.

The purpose of the Mixed Use Planned Development zone is to provide areas for the integrated development of high intensity office and residential uses, with ground floor retail shops. The intent is to promote apartments and condominiums to create a living/working environment in close proximity to BART. The Mixed Use Planned Development Zoning District encompasses the Golden Triangle which is the City's most urban area. The focus of this area will be to mix office and residential development and allow retail uses that complement the living/working environment. Any new development within the Mixed Use district will require a Planned Development Permit. Existing development, which does not have an approved Planned Development Permit, will be regulated in terms of use (in the Interim Uses Sec. 10-2.2.903.) to allow a reasonable functioning of the property without destroying the integrity of the future use of the property for mixed use development.

10-2.2.902 Land Use Regulations.

No use shall be permitted in the Mixed Use Planned Development district except in accord with a valid Planned Development Permit (P-D Permit) or Sec. 10-2.2.903. Interim Uses. Any permitted or conditionally permitted use authorized by this Title may be included in an approved P-D Permit, if consistent with the Mixed Use - Golden Triangle General Plan land use designation (which encourages a combination of high intensity office and residential uses with ground floor retail shops).

The number of residential units to be required for new project development shall be based on the following formula: 1 dwelling unit per 7,143 square feet of commercial development. New project development which does not intend to develop the required residential component, concurrently with any commercial component, shall not be approved. (§10, Ord. 2070, eff. 6/20/2008)

10-2.2.903 Interim Uses.

In existing buildings which do not have an approved P-D Permit, interim uses will be allowed as outlined in the following Use Regulation Table. Existing buildings may be structurally altered, only if there is no increase in number of dwelling units or floor area.

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

Letters in parentheses in the "Additional Regulations" column are described in the "Additional Regulations" section following the "Use Regulations". Where a Use Regulation or a letter in parentheses is opposite a use classification heading, the referenced regulations shall apply to all use classifications under the heading. Land uses not listed (indicated by strikeout) are not permitted.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(F)
1. Adult Day Care Home	P
2. Congregate Living Facility
3. Family Day Care Home
a. Small Family Day Care Home	P
b. Large Family Day Care Home	L(1)	(A)
4. Group Residential
5. Multiple Family Residential	P
6. Residential Care Home
7. Accessory Dwelling Units
a. Accessory Dwelling Unit	P	(I)
b. Junior Accessory Dwelling Unit
8. Single Family Residential
B. Commercial Use Classifications		(B)
1. Ambulance Services
2. Animal Sales and Service
a. Animal Hospital
b. Animal: Retail Sales and Grooming	P
c. Horse Stables
d. Kennel
3. Artist Studio	L(2)
4. Banks and Savings and Loans
a. Banks and Savings and Loans	L(3)
(1) With Drive-up Service
(2) With Automated Teller Machine	L(4)
5. Catering Services
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities	L(5)
8. Custom Manufacturing	L(2)
9. Eating and/or Drinking Establishments		(G)
a. Eating and/or Drinking Establishments	L(3)
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(6)
(2) With Wine and Beer Service Ending After 11:00 p.m.	L(7)
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(6)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.	L(7)
(5) With Live Entertainment
(6) With Dancing
(7) With Take-out Service	L(3)
(a) Drive-up
(8) With Permanent Outdoor Seating
(9) With Off-site Distribution
(a) Micro-brewery
10. Food and Beverage Sales
a. Food and Beverage Sales
b. Convenience Market
(1) With Gasoline Sales
c. Specialty Food Shops	P
(1) With Off-site Distribution
11. Funeral and Interment Services
12. Health Clubs	L(3)
13. Home Improvement Sales and Service
14. Horticultural Establishment
15. Lumber and Building Material Yard
16. Maintenance and Repair Service/Small Equip	L(2)
17. Mini Storage
18. Nursery
19. Offices, Business and Professional
a. Offices, Business and Professional	L(5)
(1) Offices, Medical	L(8)
20. Parking, Commercial Facility
21. Pawn Shop	P
22. Personal Improvement Services	L(9)
23. Personal Services	L(10)
24. Recreation and Entertainment, Commercial
a. Within a Building
b. Outside a Building
25. Research and Development Services
26. Retail Sales/Rental	P
27. Vehicle/Equipment Sales and Service
a. Automobile Rental/Leasing
b. Automobile Sales/New and Used
c. Automobile Washing
d. Automobile Wrecking
e. Service Stations
(1) Automobile Washing
f. Vehicle/Equipment Repair
(1) Limited Vehicle Service
g. Vehicle/Equipment Sales and Rentals
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns
b. Hotels
c. Motels
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facility
2. Child Day Care Facility (Day Care Center)
3. Clubs and Lodges
4. College, Public or Private
5. Cultural Institutions
a. Cultural Institutions
b. Natural History/Science Museum
6. Emergency Medical Care/No Inpatient
7. Government Offices	P
8. Hazardous Waste Management Facility
9. Heliports
10. Hospitals
a. Acute Care
b. Other
11. Housing for the Homeless/Emergency Shelters
12. Maintenance and Service Facilities
13. Park and Recreation Facilities
14. Public Parking Facilities
15. Public Safety Facilities	P
16. Public Transit Terminals
17. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(11)	(D)
(2) Small Collection Facility	L(11)	(D)
(3) Large Collection Facility
b. Processing Facility
18. Religious Assembly
19. Residential Care Facility
20. Schools, Public or Private
21. Skilled Nursing Facilities
22. Utilities, Major	L(12)
23. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters
2. Accessory Structure	L(13)
3. Accessory Uses	L(14)
a. Garage Sales
b. Home Occupations	L(14)	(E)
c. Personal Cannabis Cultivation	L(16)	(H)
G. Temporary Uses		(B)
1. Arts and Crafts Shows, Outdoor
2. Christmas Tree Sales
3. Civic/Community Events	L(15)
4. Farmers Markets
5. Live Entertainment Events
6. Outdoor Seating/Eating and Drinking Estab
7. Pumpkin Sales
8. Retail Sales, Outdoor	L(15)
9. Swap Meets, Non-Recurring
10. Swap Meets, Recurring
11. Street Fairs
12. Vendor Carts

USE REGULATIONS
L(1)	Permitted subject to the issuance of a Large Family Day Care Home Permit by the Zoning Administrator.
L(2)	Permitted provided that the primary use of the facility is retail sales, otherwise not permitted.
L(3)	Permitted upon approval of a Conditional Use Permit. In approving the Use Permit, the Planning Commission shall find that there is adequate on-site parking in accordance with Part III, Article 2. Parking and Loading.
L(4)	If the ATM is to be located on the exterior wall of an existing bank or an off-site building it shall be reviewed and approved by the Community Development Director. In approving the exterior ATM, the Community Development Director shall find that the ATM has appropriate lighting and that queuing for the ATM does not impede pedestrian or vehicle traffic flow.
L(5)	On the ground level the use is permitted upon approval of a Conditional Use Permit, subject to the findings in L(3). On floors above the ground level, the use is permitted.
L(6)	Permitted subject to L(3) and an additional finding by the Planning Commission that the use is consistent with the Administrative Use Permit Compliance Checklist Conditions of Approval pursuant to Article 12 of Part III of the Zoning Ordinance.
L(7)	Permitted upon approval of a Conditional Use Permit pursuant to both L(3) and to Article 12 of Part III of the Zoning Ordinance.
L(8)	Services of an optometrist in conjunction with retail sales of prescription and non-prescription eyeglasses is a permitted use. Other medical offices are permitted subject to L(3).
L(9)	Business and Trade Schools are not permitted. Fine arts, crafts, dance or music studios, exercise or aerobic studios, driving schools, and diet centers are permitted subject to L(3).
L(10)	Permitted with the exclusion of self-service laundries which are not permitted.
L(11)	Permitted subject to the approval of the Community Development Director.
L(12)	Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(13)	Accessory structures are permitted subject to Sec. 10-2.2.905 Property Development Regulations.
L(14)	Home Occupations are permitted subject to the approval of a Home Occupation Permit (see Sec. 10-2.3.107. Home Occupations). For all other accessory uses, see the use regulation for the primary use classification.
L(15)	Permitted subject to the approval of a Temporary Activity Permit (see Sec. 10-2.3.118. Temporary Activity Permits).
L(16)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.

ADDITIONAL USE REGULATIONS
(A)	See Part III, Article 6. Child Day Care Facilities.
(B)	See Sec. 10-2.3.121. Regulations for Outdoor Sales, Service, Display.
(C)	See Municipal Code, Title 4. Chapter 11. Public Dance Permits.
(D)	See Part III, Article 7. Recycling Facilities.
(E)	See Sec. 10-2.3.107. Home Occupations.
(F)	See Part III, Article 9. Inclusionary Housing.
(G)	See Part III, Article 12. Alcoholic Beverage Sales.
(H)	See Part III, Article 14. Personal and Commercial Cannabis Activities.
(I)	See Part III, Article 5. Accessory Dwelling Units.

(Amended by §2, Ord. 1975, eff. 11/2/00; §§20, 21, 22, Ord. 2109, eff. 6/15/12; §13, Ord. 2129, eff. 7/3/14; §§7(1), (30)—(32), Ord. 2183, eff. 9/8/18; §3, Ord. 2188, eff. 3/8/19; §12, Ord. 2210, eff. 10/22/21; §5(1), Ord. 2216, eff. 7/2/22)

10-2.2.904 Permit Required.

Except as provided in Section 10-2.2.903. Interim Uses, any property zoned Mixed Use Planned Development shall not be developed until a P-D Permit has been approved pursuant to Part IV, Article 10. Planned Development Permits of this chapter.

10-2.2.905 Property Development Regulations.

The following schedule prescribes development regulations for the Mixed Use Planned Development District. The symbol "NA" indicates that there is no restriction for that particular development regulation or it is not applicable in this District. Numbers in parentheses refer to the "Additional Development Regulations" following the schedule. If the Development Regulation column is blank, the development regulation is then outlined in the "Additional Regulation" footnote.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	40,000 sq. ft.	D(1)
B. Minimum Lot Width	150'	D(1)
C. Minimum Lot Frontage	150'	D(1)
D. Minimum Lot Depth	150'	D(1)
E. Minimum Setbacks		D(2) D(3) D(4)
1. Front	NA
2. Side	NA
3. Corner Side	NA
4. Rear	NA
F. Maximum Height		D(5)
G. Density
1. Residential		D(6)
2. Commercial		D(7)
3. Mixed Use		D(6) D(7)
H. Maximum Lot Coverage	NA
I. Maximum Floor Area Ratio		D(7)
J. Design Review	See Sec. 10-2.4.1202.
K. Landscaping	See Part III, Article 11.
L. Storage Space for Residential Units	200 cubic feet	D(8)
M. Fences and Walls	See Sec. 10-2.3.104.
N. Antennas	See Sec. 10-2.3.120.
O. Non-Conforming Conditions	See Part III, Article 3.
P. Elevators	See Sec. 10-2.3.124.
Q. Recycling Facilities	See Part III, Article 7.
R. Parking and Loading	See Part III, Article 2.
S. Signs	See Title 10, Chapter 8.
T. Preservation of Trees	See Title 3. Chapter 8.
U. Hillside Performance Standards	See Part III, Article 4.
V. Stormwater Control	See Title 9, Chapter 16.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	The minimum requirements may be reduced by the City Council in approval of a Planned Development Permit subject to a finding that the proposed lot size provides adequate and appropriate circulation, setbacks, landscaping and open space.
D(2)	See Sec. 10-2.3.106. Exclusion of Rights of Way.
D(3)	Refer to the Zoning Map for Future Street Line Setbacks.
D(4)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.4 (Building Setbacks) of the North Downtown Specific Plan. Outside of the plan area boundaries of the North Downtown Specific Plan: Refer to the General Plan—Chapter 4, Figure 11 (Building Setbacks).
D(5)	Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional building height upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements.
D(6)	The maximum residential density shall be determined by the Planning Commission when making a recommendation to the City Council on the Planned Development Permit.
D(7)	For commercial development refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional FAR upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements.
D(8)	The private storage space for a residential unit shall be weather-proofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Community Development Department, but shall not be divided into two or more locations.

(§4, Ord. 1975, eff. 11/2/00; §2, Ord. 2037, eff. 12/17/04; §11, Ord. 2070, eff. 6/20/2008; §13, Ord. 2108, eff. 4/7/12; §9, Ord. 2200, eff. 12/6/19; §7, Ord. 2209, eff. 3/19/21)