Article 23. Downtown Mixed Use District (MU-D)

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10-2.2.2301 Purpose and Intent.

The purpose of the Downtown Mixed Use District is to encourage the development of a combination of medium- to high-intensity commercial and residential uses within the Core Area. Development in the Downtown Mixed Use District is intended to be pedestrian oriented, generally close to the street, and vertical in nature, typically with structured parking. Residential, commercial, and community uses are appropriate, either alone or in mixed use developments. Restaurant, retail, and personal service uses are encouraged where feasible on the ground floor, but are not required except along Core Area retail streets. (§10, Ord. 2194, eff. 6/7/19)

10-2.2.2302 Land Use Regulations. Revised 4/20 Revised 3/21 Revised 11/21

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

 

(A)(B)(C)(D)(E)

1. Adult Day Care Home

P

 

2. Congregate Living Facility

L(1)

 

3. Family Day Care Home

a. Small Family Day Care Home

P

(F)

b. Large Family Day Care Home

L(2)

(F)

4. Group Residential

L(1)

 

5. Multiple Family Residential

L(1)

 

6. Residential Care Home

L(1)

 

7. Accessory Dwelling Units

 

 

a. Accessory Dwelling Unit

P

(M)

b. Junior Accessory Dwelling Unit

 

 

8. Single Family Residential

 

 

B. Commercial Use Classifications

 

(G)

1. Ambulance Services

 

 

2. Animal Sales and Services

a. Animal Hospital/Veterinary Services

L(3)

 

b. Animal: Retail Sales and Grooming

P

 

c. Horse Stables

 

 

d. Kennels

L(3)

 

3. Artist Studios

P

 

4. Banks and Savings and Loans

a. Banks and Savings and Loans

P

 

(1) With Drive-up Services

 

 

(2) With Automated Teller Machines

P

 

5. Catering Services

L(4)

 

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. Non-Storefront Medical Cannabis Delivery-Only Operation

 

 

f. Non-Storefront Recreational Cannabis Delivery-Only Operation

 

 

g. Commercial Cannabis Testing Laboratory

 

 

7. Communication Facilities

L(1)

8. Custom Manufacturing

L(1)

 

9. Eating and/or Drinking Establishments

a. Eating and/or Drinking Establishments

L(5)

 

(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.

 

 

(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.

 

 

(5) With Live Entertainment

 

 

(6) With Dancing

 

 

(7) With Take-out Services

L(5)

 

(a) Drive-up

 

 

(8) With Permanent Outdoor Seating

L(7)

 

(9) With Off-site Distribution

U

(I)

(a) Micro-breweries

U

(I)

10. Food and Beverage Sales

a. Food and Beverage Sales

L(8)

 

b. Convenience Markets

L(8)

 

(1) With Gasoline Sales

 

 

c. Specialty Food Shops

L(8)

 

(1) With Off-site Distribution

U

(I)

11. Funeral and Interment Services

 

 

12. Health Clubs

U

 

13. Home Improvement Sales and Services

L(3)

 

14. Horticultural Establishments

 

 

15. Lumber and Building Material Yards

 

 

16. Maintenance and Repair Services/Small Equipment

P

 

17. Mini Storage

 

 

18. Nurseries

 

 

19. Offices, Business and Professional

a. Offices, Business and Professional

L(1)

 

(1) Offices, Medical

L(1)

 

20. Parking, Commercial Facilities

U

(J)

21. Pawn Shops

P

 

22. Personal Improvement Services

L(9)

 

23. Personal Services

P

 

24. Recreation and Entertainment, Commercial

a. Within a Building

U

 

b. Outdoor Facilities

 

 

25. Research and Development Services

 

 

26. Retail Sales/Rentals

L(8)

 

27. Vehicle/Equipment Sales and Services

a. Automobile Rental and Leasing

L(3)

 

b. Automobile Sales/New and Used

L(3)

 

c. Automobile Washing

 

 

d. Automobile Wrecking

 

 

e. Service Stations

 

 

(1) With Automobile Washing

 

 

f. Vehicle/Equipment Repair

 

 

(1) Limited Vehicle Service

 

 

g. Vehicle/Equipment Sales and Rentals

L(3)

 

h. Vehicle Storage

 

 

28. Visitor Accommodations

a. Bed and Breakfast Inns

L(1)

 

b. Hotels

P

 

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 Facilities

L(1)

 

2. Child Day Care Facilities (Day Care Center)

L(1)

(F)

3. Clubs and Lodges

L(1)

 

4. Colleges, Public or Private

L(1)

 

5. Cultural Institutions

a. Cultural Institutions

P

 

b. Natural History/Science Museums

P

 

6. Emergency Medical Care/No Inpatient

 

 

7. Government Offices

L(1)

 

8. Hazardous Waste Management Facilities

 

 

9. Heliports

 

 

10. Hospitals

 

 

a. Acute Care

 

 

b. Other

 

 

11. Housing for the Homeless/Emergency Shelters

U

 

12. Maintenance and Service Facilities

 

 

13. Park and Recreation Facilities

L(9)

 

14. Public Parking Facilities

P

 

15. Public Safety Facilities

P

 

16. Public Transit Terminals

 

 

17. Recycling Facilities

 

 

a. Collection Facilities

 

 

(1) Reverse Vending Machine Facilities

L(10)

(K)

(2) Small Collection Facilities

L(10)

(K)

(3) Large Collection Facilities

 

 

b. Processing Facilities

 

 

18. Religious Assembly

L(9)

 

19. Residential Care Facilities

L(1)

 

20. Schools, Public or Private

L(1)

 

21. Skilled Nursing Facilities

L(1)

 

22. Utilities, Major

L(11)

 

23. Utilities, Minor

P

 

F. Accessory Uses

1. Accessory Living Quarters

 

 

2. Accessory Structure

L(12)

 

3. Accessory Use

L(13)

 

a. Garage Sales

 

 

b. Home Occupations

L(14)

(B)

c. Personal Cannabis Cultivation

L(15)

(L)

G. Temporary Uses

 

(G)

1. Arts and Crafts Shows, Outdoor

L(16)

 

2. Christmas Tree Sales

L(16)

 

3. Civic/Community Events

L(16)

 

4. Farmers Markets

L(16)

 

5. Live Entertainment Events

L(16)

 

6. Outdoor Seating for Eating and Drinking Establishments

L(7)

 

7. Pumpkin Sales

L(16)

 

8. Retail Sales, Outdoor

L(16)

 

9. Street Fairs

L(16)

 

10. Swap Meets, Non-Recurring

L(16)

 

11. Swap Meets, Recurring

L(16)

 

12. Vendor-Carts

L(17)

 

USE REGULATIONS

L(1)

Permitted on floors above the ground floor of a multistory building; permitted on the ground floor of a multistory building when located more than fifty (50) feet from the street line of a Core Area retail street; otherwise not permitted.

Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within fifty (50) feet of a Core Area retail street when not occupying more than ten percent (10%) of the gross floor area of the ground floor, nor more than ten percent (10%) of the ground floor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than fifteen (15) feet in width.

L(2)

Permitted subject to the issuance of a Large Family Day Care Home Permit by the Zoning Administrator.

L(3)

Permitted on floors above the ground floor of a completely enclosed multistory building; permitted on the ground floor of a completely enclosed multistory building when located more than fifty (50) feet from the street line of a Core Area retail street; otherwise not permitted.

Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within fifty (50) feet of a Core Area retail street when not occupying more than ten percent (10%) of the gross floor area of the ground floor, nor more than ten percent (10%) of the ground floor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than fifteen (15) feet in width.

L(4)

Permitted as an accessory use associated with food and beverage sales or an eating and/or drinking establishment, and subject to the provisions of Section 10-2.3.123, Offsite Distribution for Eating and Drinking Establishments and Specialty Food Shops. Otherwise not permitted.

L(5)

Permitted subject to review and approval of the Design Review Commission. In granting design review approval, the Design Review Commission shall find that:

a) The ventilation equipment has been designed and located to mitigate the impact of objectionable noise and odor on existing and future residential uses in the surrounding area;

b) The garbage collection facilities have been designed and located to mitigate the impact of objectionable odor on existing and future residential uses in the surrounding area, including that resulting from garbage pickup.

L(6)

Permitted upon approval of an Administrative Use Permit pursuant to Part III, Article 12, Alcoholic Beverage Sales.

L(7)

Outdoor seating which requires the construction of permanent structures or alterations to existing buildings shall be subject to design review (see Part IV, Article 12, Design Review). A Temporary Encroachment Permit is required for the temporary use of the public right-of-way for the placement of tables and chairs.

L(8)

Facilities which include the sale of alcoholic beverages (including beer and wine) or tobacco products are conditionally permitted; otherwise permitted. In approving the Conditional Use Permit, the Planning Commission shall find that:

a) The proposed use will not cause adverse noise, odor, and litter impacts.

b) The proposed use (including hours of operation) will be compatible with existing and future residential uses in the surrounding area.

L(9)

Permitted on floors above the ground floor of a multistory building; permitted on the ground floor of a multistory building when located more than fifty (50) feet from the street line of a Core Area retail street; otherwise conditionally permitted. In approving a Conditional Use Permit, the Planning Commission shall find that:

a) The proposed use is compatible with active pedestrian activity on the adjacent public right-of-way;

b) The proposed use is compatible with retail uses.

Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within fifty (50) feet of a Core Area retail street when not occupying more than ten percent (10%) of the gross floor area of the ground floor, nor more than ten percent (10%) of the ground floor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than fifteen (15) feet in width.

L(10)

Permitted in a Convenience Zone (as defined by Section 10-2.1.303, Definitions) subject to the approval of the Community Development Director.

L(11)

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(12)

Accessory structures are permitted subject to Section 10-2.2.2103, Property Development Regulations.

L(13)

See the use regulations for the primary use classification.

L(14)

Home occupations are permitted subject to the approval of a Home Occupation Permit pursuant to Section 10-2.3.107, Home Occupations.

L(15)

Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.

L(16)

Permitted subject to the approval of a Temporary Activity Permit pursuant to Section 10-2.3.118, Temporary Activity Permits.

L(17)

Permitted if they are operating under the same business license as an immediate adjacent eating and drinking establishment or immediate adjacent retail establishment, and are not within the public right-of-way.

ADDITIONAL USE REGULATIONS

(A)

See Section 10-2.3.103, Accessory Structures.

(B)

See Section 10-2.3.107, Home Occupations.

(C)

See Section 10-2.3.108, Animals.

(D)

See Part III, Article 9, Inclusionary Housing.

(E)

See Part III, Article 10, Density Bonus Ordinance.

(F)

See Part III, Article 6, Child Day Care Facilities.

(G)

See Section 10-2.3.121, Regulations for Outdoor Sales, Service, Display.

(H)

See Title 4, Chapter 11, Public Dance Permits.

(I)

See Section 10-2.3.123, Offsite Distribution for Eating and Drinking Establishments and Specialty Food Shops.

(J)

See Part III, Article 2, Off-Street Parking and Loading Regulations.

(K)

See Part III, Article 7, Recycling Facilities.

(L)

See Part III, Article 14, Personal and Commercial Cannabis Activities Ordinance.

(M)

See Part III, Article 5. Accessory Dwelling Units.

(§10, Ord. 2194, eff. 6/7/19; §19, Ord. 2210, eff. 10/22/21)

10-2.2.2303 Property Development Regulations. Revised 4/21

The following schedule prescribes development regulations for the Downtown Mixed Use 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

10,000 sq. ft.

 

B. Minimum Lot Width

80 feet

 

C. Minimum Lot Frontage

80 feet

 

D. Minimum Lot Depth

100 feet

D(1)

E. Minimum Setbacks

 

D(2) D(3)

1. Front

 

D(4)

2. Side

 

D(5)

3. Corner Side

 

D(4)

4. Rear

 

D(5)

F. Maximum Height

 

D(6)

G. Density

 

D(7)

H. Maximum Lot Coverage

NA

 

I. Maximum Floor Area Ratio

 

D(8)

J. Minimum Floor Area Ratio

1.0

 

K. Minimum Ground Floor Height

 

D(9)

L. Minimum Ground Floor Depth

 

D(10)

M. Courts

 

D(11)

N. Design Review

See Section 10‑2.4.1202.

 

O. Landscaping

See Part III, Article 11.

D(12)

P. Fences and Walls

See Section 10-2.3.104.

D(13)

Q. Antennas

See Section 10-2.3.120.

 

R. Nonconforming Conditions

See Part III, Article 3.

 

S. Elevators

See Section 10-2.3.124.

 

T. Recycling Facilities

See Part III, Article 7.

 

U. Parking and Loading

See Part III, Article 2.

D(14) D(15)

V. Signs

See Title 10, Chapter 8.

 

W. Preservation of Trees

See Title 3, Chapter 8.

 

X. Hillside Performance Standards

See Part III, Article 4.

 

Y. Stormwater Control

See Title 9, Chapter 16.

 

 

ADDITIONAL DEVELOPMENT REGULATIONS

D(1)

Any existing lot having a depth of less than one hundred (100) feet may be developed pursuant to all provisions of this chapter.

D(2)

See Section 10-2.3.106, Exclusion of Rights-of-Way.

D(3)

Refer to the Zoning Map for future street line setbacks.

D(4)

Minimum front and corner side setbacks shall be provided as follows:

a) For the portions of a building located within forty (40) vertical feet of the base elevation, the greater of the following:

1) On Core Area retail streets, a setback sufficient to provide a minimum fifteen (15)-foot-wide public sidewalk area (as measured from the vertical face of curb of the adjacent street) with a minimum ten (10)-foot-wide unobstructed pedestrian path of travel;

2) On other than Core Area retail streets, a setback sufficient to provide a minimum ten (10)-foot-wide public sidewalk area (as measured from the vertical face of curb of the adjacent street) with a minimum seven (7)-foot-wide unobstructed pedestrian path of travel;

3) As specified by the General Plan or an applicable specific plan.

b) For the upper portions of a building located more than forty (40) vertical feet from the base elevation, five (5) feet more than what is required in subsection (a) above.

D(5)

None required except as follows:

a) For any side or rear yard that abuts a residential district, except where a larger setback is required pursuant to subsection (b) below:

1) For the portions of a building located within thirty (30) vertical feet of the existing or finished grade (whichever is lower) at the adjacent lot line: ten (10) feet.

2) For the portions of a building located more than thirty (30) vertical feet in height from the existing or finished grade (whichever is lower) at the adjacent lot line: fifteen (15) feet.

3) The Design Review Commission may designate such additional landscaping and setback requirements necessary to protect and promote appearance, safety and welfare of surrounding properties.

b) For portions of buildings containing uses described in Section 10-2.1.403(A), Residential Use Classifications:

1) A yard measured as a horizontal plane with minimum dimensions of twenty (20) feet in length and twenty (20) feet in width shall be provided adjacent to the bottom of any primary living room window.

2) A yard measured as a horizontal plane with minimum dimensions of ten (10) feet in length and ten (10) feet in width shall be provided adjacent to the bottom of any primary bedroom window.

3) The required yards or courts for multiple primary windows in the same dwelling unit may overlap one another. The required yards or courts for multiple primary windows in different dwelling units may overlap one another only if the primary windows are facing in the same direction and are located on the same wall of a building.

4) Eaves and awnings projecting from the wall containing a primary window may project up to two (2) feet into the yard required adjacent to the primary window.

5) Cantilevered balconies projecting from the wall containing a primary window may project up to two (2) feet into the yard required adjacent to a primary bedroom window, and up to four (4) feet into the yard required adjacent to a primary living room window.

6) In cases where a primary window is recessed not more than four (4) feet into the face of the wall and the recessed area is not large enough to accommodate the required yard, the yard may be measured from the face of the wall into which the primary window is recessed.

 

7) In cases where a primary window opens onto a covered patio or balcony serving that same dwelling unit, the covered patio or balcony may project up to four (4) feet into the required yard.

8) Notwithstanding the foregoing, the Design Review Commission may allow exceptions to the dimensional standards and overlap restrictions for yards and courts which are specified above. In granting Design Review approval, the Design Review Commission shall find that the interior(s) of the dwelling unit(s) will be provided with visual access to open sky, access to direct or indirect sunlight, and visual privacy, all equal to or better than what would otherwise be provided through compliance with the standard requirements.

D(6)

Within the plan area boundaries of the West Downtown Specific Plan: Refer to the Zoning Map. Notwithstanding the foregoing, approval by the Planning Commission or City Council of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements, is required for any building with a top elevation greater than sixty-five (65) feet.

Outside of the plan area boundaries of the West Downtown Specific Plan: Refer to the Zoning Map.

D(7)

The maximum density is one (1) dwelling unit per seven hundred fifty (750) square feet of net lot area. This base density shall be used for purposes of calculating any density bonus pursuant to Part III, Article 10, Density Bonus Ordinance, and Government Code Section 65915.

Notwithstanding the foregoing, in areas with a maximum floor area ratio of not more than 2.5, the Planning Commission or City Council may permit a density up to one (1) dwelling unit per five hundred (500) square feet of net lot area upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. In areas with a maximum floor area ratio in excess of 2.5, the Planning Commission or City Council may permit a density up to one (1) dwelling unit per three hundred seventy-five (375) square feet of net lot area upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements.

D(8)

In areas with a maximum height limit of up to fifty (50) feet, except on the west side of Oakland Boulevard: Maximum FAR is 1.5. Notwithstanding the foregoing, the Planning Commission or City Council may permit a FAR up to 2.5 upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements.

In areas with a maximum height limit greater than fifty (50) feet, or on the west side of Oakland Boulevard: Maximum FAR is 1.5. Notwithstanding the foregoing, the Planning Commission or City Council may permit a FAR up to 3.0 upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements.

D(9)

The ground floor height, as measured from the surface of the ground floor to the surface of the floor directly above it, shall be a minimum of eighteen (18) feet for portions of buildings within fifty (50) feet of a Core Area retail street, and a minimum of twelve (12) feet elsewhere.

D(10)

The minimum depth of all ground floor tenant spaces abutting the street on a Core Area retail street shall be the lesser of the following:

a) Fifty (50) feet; or

b) Ten (10) feet less than the lot depth.

This requirement shall not apply to lobbies and entrance areas serving the upper floors of a building or the portions of the ground floor located more than fifty (50) feet away from the street line.

D(11)

Courts shall be provided for all uses described in Section 10-2.1.403(A), Residential Use Classifications, as follows:

a) A court measured as a horizontal plane with minimum dimensions of twenty (20) feet in length and twenty (20) feet in width shall be provided adjacent to the bottom of any primary living room window.

b) A court measured as a horizontal plane with minimum dimensions of ten (10) feet in length and ten (10) feet in width shall be provided adjacent to the bottom of any primary bedroom window.

c) The required yards or courts for multiple primary windows in the same dwelling unit may overlap one another. The required yards or courts for multiple primary windows in different dwelling units may overlap one another only if the primary windows are facing in the same direction and are located on the same wall of a building.

d) Eaves and awnings projecting from the wall containing a primary window may project up to two (2) feet into the court required adjacent to the primary window.

e) Cantilevered balconies projecting from the wall containing a primary window may project up to two (2) feet into the court required adjacent to a primary bedroom window, and up to four (4) feet into the yard or court required adjacent to a primary living room window.

f) In cases where a primary window is recessed not more than four (4) feet into the face of the wall and the recessed area is not large enough to accommodate the required court, the court may be measured from the face of the wall into which the primary window is recessed.

g) In cases where a primary window opens onto a covered patio or balcony serving that same dwelling unit, the covered patio or balcony may project up to four (4) feet into the required yard.

h) Notwithstanding the foregoing, the Design Review Commission may allow exceptions to the dimensional standards and overlap restrictions for yards and courts which are specified above. In granting Design Review approval, the Design Review Commission shall find that the interior(s) of the dwelling unit(s) will be provided with visual access to open sky, access to direct or indirect sunlight, and visual privacy, all equal to or better than what would otherwise be provided through compliance with the standard requirements.

D(12)

No building shall be constructed or moved onto any building site, nor shall any building be enlarged unless landscaping is provided and is approved by the Design Review Commission.

D(13)

All sites shall be fenced for the purpose of screening loading facilities or other uses which may be unsightly. Solid fences shall be required along any property line abutting a residential zone as deemed necessary by the Design Review Commission to screen loading areas, accessory buildings, or other activities from the streets.

D(14)

Parking spaces for uses described in Section 10-2.1.403(A), Residential Use Classifications, shall be separated from parking spaces for all other uses in a manner approved by the Transportation Administrator by means of signs, gates, or other appropriate methods.

D(15)

No surface, ground level, or aboveground parking spaces shall be located within twenty (20) feet of a street line or within fifty (50) feet of a street line for a Core Area retail street.

(§10, Ord. 2194, eff. 6/7/19; §12, Ord. 2209, eff. 3/19/21)