Commerce Municipal Code Ch. 19.49 Mixed Use Overlay Zone

The mixed use overlay zone (MU-O) is established to facilitate mixed-use development, encourage housing production, promote infill development, and attract desired commercial businesses while preserving existing opportunities for permitted uses and conforming development in the underlying base zone. The MU-O zone implements the policies and programs of the Commerce General Plan sixth cycle housing element (housing element) through increased residential densities and modified development requirements on identified sites.

(Ord. No. 828, § 7, 11-25-2025)

A. Applicability to Area. The MU-O zone is an overlay zone applied on sites identified for rezoning in the housing element, as identified in housing element Figure 4-6: City of Commerce Sites Inventory by Site Category. 1

B. Relationship Between Base Zone and Overlay Zone Use Regulations.

1. Use. For properties within the MU-O zone, the provisions of this chapter allow the uses set forth in Table 19.49.030A (Uses Allowed in Mixed Use Overlay Zone) in addition to uses allowed in the underlying base zone.

2. Development Standards.

a. The development standards in this chapter shall apply to all properties within the MU-O zone for which new construction is proposed to accommodate a use or uses allowed in the MU-O zone, per Table 19.49.030A (Uses Allowed in Mixed Use Overlay Zone).

b. For uses listed in the underlying base zone that are not part of a mixed-use project, the development standards in that zone apply.

c. For the adaptive reuse of an existing building, the development standards of the underlying base zone shall apply unless specifically stated otherwise.

3. After Completion of Development. Once a property has been developed in compliance with the development standards of this chapter, the development standards of this chapter shall supersede the standards of the underlying base zone.

C. State Law. Where a conflict between this overlay zone and state law arises, state law shall apply, including but not limited to income and affordability levels.

(Ord. No. 828, § 7, 11-25-2025)

1 A site identified for rezoning in the housing element is, as used in this chapter, a "City-owned Rezone Site (Mixed Use)" or "Opportunity Site—Rezone for Mixed Use" property identified in the City of Commerce 6th Cycle Housing Element to accommodate the Regional Housing Needs Assessment, as shown on Figure 4.2 (City of Commerce Sites Inventory by Site Category). These sites are subject to Government Code Section 65583.2, subdivisions (h) and (i), which generally include, but are not limited to, permitting housing developments with twenty percent affordability to lower-income households without discretionary action at minimum densities of twenty units per acre and meeting residential only performance standards. For more information, please see https://leginfo.legislature.ca.gov

A. Allowed Uses. In addition to the uses allowed in the underlying base zone of a given site, uses within the MU-O zone shall be regulated as set forth in Table 19.49.030A (Uses Allowed in Mixed Use Overlay Zone).

Table 19.49.030A

Uses Allowed in Mixed Use Overlay Zone

Key: P = Use Permitted by Right

B. Allowed Nonresidential Uses as Part of a Mixed-Use Project.

1. Use Standards. Nonresidential uses allowed in the underlying base zone (C/M-1) shall be allowed as part of mixed-use development, per Table 19.11.030A (Uses in Industrial Districts). Such uses shall be allowed either as a permitted use ("P"), a conditional use ("C"), or permitted/conditional ("P/C"), as indicated in Table 19.11.030A. All uses listed as permitted/conditional ("P/C") in Table 19.11.030A shall require a conditional use permit as part of a mixed-use project. The review authority shall have the discretion to determine the compatibility of any conditional uses proposed to be part of a mixed-use project.

2. Development Standards. All development associated with the mixed-use project, including both residential and nonresidential uses, shall be subject to the development standards of this chapter.

(Ord. No. 828, § 7, 11-25-2025)

A. General Property Development Standards. The general property development standards for the MU-O zone shall be as set forth in Table 19.49.040A (Mixed Use Overlay Zone Development Standards).

B. Project Tiers. An applicant may elect to comply with either tier 1 (base) or tier 2 development standards.

1. Tier 1 Projects. Projects electing tier 1 standards shall be allowed, subject to the base standards of this chapter as set forth in Table 19.49.040A (Mixed Use Overlay Zone Development Standards).

2. Tier 2 Projects. Projects electing tier 2 standards shall provide community benefits pursuant to Section 19.49.040(C) (Community Benefits—Required Enhancements for Tier 2 Increased Density).

Table 19.49.040A

Mixed Use Overlay Zone Development Standards

C. Community Benefits—Required Enhancements for Tier 2 Increased Density.

1. Purpose. The community benefits program is established to provide incentives for higher intensity development not otherwise allowed by this zoning ordinance, and to create new community benefits that may not otherwise result from development activity. The review authority, through a discretionary review, may grant increased density, as outlined in Table 19.49.040A (Mixed Use Overlay Zone Development Standards) in return for provision of specific community benefits, as listed below or subsequently identified by the city council. A variety of objectives are listed to ensure that proposed project features are appropriate for the site and surroundings, and to allow for a wide range of possible project types.

2. Tier 2—Number of Community Benefits. The city council may approve tier 2 projects if it determines that the project includes at least two community benefits from Section 19.49.040(C)4 (Community Benefit Options), one of which must be affordable and workforce housing (Section 19.49.040(C)4.a).

3. Tier 2 Project Findings. To approve a tier 2 project, the city council shall make the finding that the public benefits associated with the project significantly outweigh any detrimental impacts from the additional density. In weighing potential public benefits, the city council shall consider objectives related to affordable and workforce housing, economic development, and open space creation to be especially important.

4. Community Benefit Options.

a. Affordable and Workforce Housing. The project provides affordable or workforce housing in the form of one of the following:

i. Donation of land to the City of Commerce for the purposes of establishing permanent, community-controlled affordable housing by organizations such as community land trusts or other similar groups; or

ii. The project qualifies for, and utilizes, a density bonus in compliance with Chapter 19.07, Division 3 (Density Bonuses) of this zoning ordinance.

b. Public Plaza. The project provides a publicly accessible open space in the form of a plaza that complies with all of the following:

i. The minimum area of any public plaza shall be two thousand square feet, with a minimum dimension of twenty feet;

ii. The public plaza is dedicated to the city or owned, operated, and maintained by the project's developer or property manager in accordance with an approved maintenance plan to be reviewed and approved by the public works and community development director or their designees;

iii. The minimum area of the public plaza shall be one contiguous area; i.e. all parts of the public plaza must be accessible without leaving the plaza area;

iv. The public plaza shall be located on the ground level and directly accessible from the public sidewalk and be accessible to persons with disabilities;

v. The public plaza shall be open to the public, without charge, each day of the year, except for temporary closures for necessary maintenance or public safety;

vi. Each plaza shall contain trees and landscaping, pedestrian-scaled lighting, and signage that include hours of operation;

vii. Impervious surface coverage shall not exceed eighty percent; and

viii. Outdoor seating from adjacent retail, restaurant, and service uses is allowed on the plazas to activate the space.

c. Community-Serving Businesses. The project provides rent subsidies to provide below-market rent to small legacy and community-serving businesses, with priority for businesses owned by an individual or individuals with annual household incomes of "Moderate-Income" category or lower as defined by the California Department of Housing and Community Development (HCD).

d. Construction Workforce. The project provides jobs for residents of the City of Commerce, with at least thirty percent of the project's construction workforce comprised of residents currently living in Commerce and complies with all of the following:

i. The construction workers shall be paid state prevailing wages; and

ii. A minimum of sixteen percent of the construction workers shall be apprentices from a state certified apprenticeship program.

e. Food Establishment. The ground floor of the project is designed to accommodate a food establishment that complies with one of the following requirements:

i. Restaurant. The food establishment is a restaurant with at least fifty-five percent of its total sales comprised by the sale of food prepared on the premises and beverages consumed on the premises. This use shall not include taverns.

ii. General Market. The food establishment is a grocery, fruit/vegetable, or meat market and shall provide foods that are readily perishable. At least fifty-five percent of the grocery's total sales shall be comprised by the sale of food (not beverage). This use shall not include liquor stores.

f. Community-Serving Art, Education, and Meeting Spaces. The ground floor of the project provides publicly accessible spaces for meetings (private or public), educational enrichment, and/or specialized programs in personal growth and development served in an individual or group setting. Typical uses include classes or instruction in music, fitness, art, academics, or maker spaces where participants can gather to create, invent, tinker, explore, and discover using a variety of tools and materials.

g. Parks and Open Space. The project provides one of the following:

i. Additions and improvements to existing public parks, such as new playgrounds, sports courts, or recreational facilities; or

ii. Funds towards land acquisition and/or capital costs for the creation of new public parks, community gardens, pocket parks, plazas, walkways, or other types of public open spaces.

h. Zero Net Energy. The project provides one hundred percent of total building energy load measured as kilowatt per square foot through solar panels or other renewable sources.

i. Three-Bedroom Dwelling Units. At least twenty percent of all dwelling units in the project contain three or more bedrooms per dwelling unit.

j. Mobility and Street Improvements. The project includes mobility/street improvements limited to the following:

i. Projects that enhance safety and/or connectivity for people walking, bicycling, and accessing transit; or

ii. Transit supportive infrastructure, such as: access improvements to transit stations; enhanced bus stops and shelters; protected bike lanes; sidewalks and crosswalk improvements; and other infrastructure that provides key connections to the transit system. On-site and off-site infrastructure should be developed in close coordination with Los Angeles County Metropolitan Transportation Authority (Metro) and Commerce Public Works Department.

k. Public Art. The project includes a public art component, consisting of creation of an original work for a publicly accessible space which could be, but is not limited to, earthworks, mosaics, murals, and sculpture. The public art component shall have a value not less than two percent of the total project cost (and shall otherwise be subject to the conditions and requirements of Chapter 19.31, Division 3 (Art in Public Places)).

(Ord. No. 828, § 7, 11-25-2025)

A. Shadow Standards.

1. Purpose and Applicability. The intent of this section is to minimize impacts of shadows cast on single-family homes adjacent to the MU-O zone. This section shall apply to any portion of property located in the MU-O zone that is adjacent to or abuts an R-1 or R-2 zone.

2. Exceptions.

a. Where any portion of property located within the MU-O zone abuts or adjoins any portion of property within the R-1 and/or R-2 zones and all properties within the R-1 and/or R-2 zones are developed with legally allowed nonresidential uses, the requirements of this section shall not apply.

b. The requirements of this section shall not apply to development of a wireless communications facility.

3. Shadows Cast on Principal Use and/or Structure. New buildings within the MU-O zone shall not cast shadows on any portion of a principal use or principal structure within the R-1 and/or R-2 zones for more than three hours between the hours of nine a.m. and three p.m. Pacific Standard Time between October 15 and April 14 and for more than four hours between the hours of nine a.m. and five p.m. Pacific Standard Time between April 15 and October 14. Accessory structures, such as garages, sheds, and other accessory spaces shall not be considered principal uses or structures.

Figure 19.49.050-1: Shadow Requirements (Alley Condition Example) [Figure: Figure 19.49.050-1: Shadow Requirements (Alley Condition Example)]

B. Open Space Requirements for Residential Uses.

1. Purpose. This section provides additional standards applicable to minimum open space required by Table 19.49.040A (Mixed Use Overlay Zone Development Standards) for residential uses. All required open space shall be usable as defined in Section 19.45.160 ("O" Definitions) and shall include no obstructions other than devices and structures designed to enhance its usability, such as swimming pools, changing facilities, fountains, planters, benches, walkways, and landscaping.

2. Private Residential Open Space. The minimum dimension, width or depth, of any private residential open space shall be five feet. Private residential open space attached to residential units shall be designed to avoid direct visibility into the interiors of adjacent units. Ground level open spaces that front onto Atlantic Boulevard or Washington Boulevard may be enclosed and secured but shall contain an open gate or fence with a maximum height of three feet that allows visibility to and from the space.

3. Common Residential Open Space. The minimum dimension shall be ten feet in any direction for any common residential open space.

4. Public Open Space.

a. General. Required open space may be designed to be accessible to the public, in addition to residents of a mixed-use development.

b. Design. Public open space shall be accessible and fully visible from the public right-of-way. Public open space shall be located in front of buildings and shall not be located where views of the space from the public right-of-way would be obstructed by buildings or other structures. The provision of public open space, including restrictions on use and access and other aspects of the management of the space, shall be required at the discretion of the review authority.

c. Shadow Standards. Not less than eighty percent of public open space shall be unobstructed to the sky. Trellises, pergolas, umbrellas, and similar structures shall be considered unobstructed to the sky for the purposes of this measurement.

5. Roof Decks. Roof decks are permitted and may be used to meet minimum open space requirements, provided the following development standards are met:

a. Location. Roof decks shall be set back five feet from all building lines of the structure. The building line shall be measured from the roof edge of the story directly below the deck. The minimum required setback for any roof deck shall be increased by ten feet on the building side facing an adjacent or abutting R-1 or R-2 zone.

b. Height Limits. The guardrail and other objects, whether permanent or temporary, that rest upon the roof deck such as patio furniture, landscaping, swimming pool features, and storage, shall be allowed to exceed the maximum height limit specified in Table 19.49.040A (Mixed Use Overlay Zone Development Standards) by up to eight feet. Exterior stairways and other access features such as stairwells or elevators for access to roof decks shall not exceed the maximum height limit specified in Table 19.49.040A (Mixed Use Overlay Zone Development Standards) by more than ten feet and shall be architecturally integrated into the design of the structure.

c. Furniture. All furniture and accessories located on a roof deck shall be secured as necessary to prevent wind damage or dislocation.

C. Parking and Service Area Requirements.

1. Purpose. Parking and service area requirements promote safe and efficient storage of motor vehicles and bicycles, minimize design impacts that can result from parking lots and driveways, and offer flexible means of minimizing the area devoted to vehicle parking where appropriate.

2. General Vehicle Parking Requirements. Parking, access, and loading shall conform to the standards in Chapter 19.21 (Off-Street Parking and Loading) of this zoning ordinance, except as provided in this section.

a. Each land use shall provide at least the number of onsite parking spaces stated in this section and Table 19.49.050A (Number of Parking Spaces Required by Use), except projects utilizing State Density Bonus Law (Government Code Section 65915 et seq.) may be allowed further reduced standards. There is no minimum parking requirement for projects located within one-half mile of a major transit stop, consistent with Government Code Section 65863.2(a).

Table 19.49.050A

Number of Parking Spaces Required by Use

b. Uses not listed in Table 19.49.050A, including all nonresidential uses associated with a mixed-use project, shall comply with the standards in Chapter 19.21 (Off-Street Parking and Loading) for minimum number of parking spaces required.

3. Shared Parking Reduction. Where a shared parking facility serving more than one use will be provided, the total number of required parking spaces may be reduced by up to twenty percent with review authority approval via modification of standards (Chapter 19.39, Division 9), if the review authority finds that:

a. A parking demand study conducted and prepared under procedures set forth by the review authority supports the proposed reduction and determines that the shared parking provided will be adequate to serve each use and/or project;

b. The peak hours of use will not overlap or coincide to the degree that peak demand for parking spaces from all uses or projects will be greater than the total supply of spaces; and

c. In the case of a shared parking facility that serves more than one property, a parking agreement has been prepared and recorded with the Office of the County Recorder, requiring the parking to be operated on a nonexclusive basis, to be open and available to the public for shared use, short-term parking during normal business hours.

4. Other Parking Reductions. Required parking for any use may be reduced by up to ten percent through review authority approval of a modification of standards (Chapter 19.39, Division 9). Required parking may be reduced by more than ten percent through Planning Commission approval. However, no reduction shall be made in addition to any reductions for shared parking permitted through 19.49.050(C)3 (Shared Parking Reduction) of this section, above. The review authority may only approve a request for reduced parking if it finds that:

a. Special conditions, including but not limited to, the nature of the proposed operation; proximity to frequent transit service; proximity to a general market, transportation characteristics of persons residing, working, or visiting the site; or because the applicant has undertaken a transportation demand management program that provides justification of innovative design components and strategies to reduce single-occupant vehicle travel to and from the site and will reduce parking demand at the site; and

b. The use will adequately be served by the proposed onsite parking.

5. Vehicle Parking Design Requirements.

a. Location of Parking. Surface and/or structured parking areas shall be located on the interior side or rear of the site and, wherever feasible, placed behind buildings.

Figure 19.49.050-2: Acceptable Parking Locations [Figure: Figure 19.49.050-2: Acceptable Parking Locations]

b. Parking Structure Integration.

i. Primary Street.

(a) Atlantic Boulevard. Any parking structure that contains primary property frontage on Atlantic Boulevard shall, at a minimum, incorporate residential or nonresidential uses along the ground floor on Atlantic Boulevard to screen the parking structure.

(b) Washington Boulevard. Any parking structure that contains primary property frontage on Washington Boulevard shall, at a minimum, incorporate residential or nonresidential uses along the ground floor on Washington Boulevard to screen the parking structure.

[Figure: Figure 19.49.050-3: Parking Structure Screened with Residential/Nonresidential Uses]

Figure 19.49.050-3: Parking Structure Screened with Residential/Nonresidential Uses

Figure 19.49.050-3: Parking Structure Screened with Residential/Nonresidential Uses

ii. Secondary Street. Any parking structure that contains primary property frontage on a street other than Atlantic Boulevard or Washington Boulevard shall incorporate residential or nonresidential uses along the ground floor, or two or more of the following features: (a) display or shopping windows; (b) landscape material (such as foundation plantings, vertical trellis with vines, planter boxes with cascading landscape material) that results in the parking structure being adequately screened from adjoining parcels; (c) architectural detailing and articulation that provides texture on the façade or structure openings and effectively integrates the parking structure into the basic building design; and/or (d) artwork such as sculptures, murals, and mosaics.

c. Driveway Frequency and Curb Cuts. Parking, loading, and service areas shall be accessed from alleys and/or side streets, wherever feasible. Curb cuts shall be minimized and located in the location least likely to impede pedestrian circulation. Along Atlantic Boulevard and Washington Boulevard, for parcels of less than two hundred feet in length along the street front, only one vehicular access point shall be permitted. For larger parcel frontages along Atlantic Boulevard and Washington Boulevard, a maximum of one vehicular access point for each two hundred feet of street frontage is permitted.

6. Mechanical Equipment and Loading Areas. Service and loading areas shall be screened from R-1 and/or R-2 zones. When located in proximity to residential uses in R-1 and/or R-2 zones, techniques such as block walls, enhanced setbacks, or enclosed loading or equipment shall be used to minimize adverse impacts from vehicular noise and noise from mechanical equipment.

D. Façade Composition and Architectural Requirements.

1. Purpose. The façade composition and architectural requirements help to create an active pedestrian environment by maintaining attractive and approachable frontages to residential and commercial uses.

2. Building Orientation and Entrances.

a. Building Transparency.

i. Commercial Ground Floor Uses. Windows and openings facing Atlantic Boulevard and Washington Boulevard shall constitute a minimum of fifty percent of street-facing building faces. Windows shall provide a clear and transparent view into ground floor uses or shall display merchandise to reinforce a pedestrian scale. Tint lower than seventy percent visible light transmission (VLT), mirrored, or reflective glass shall be prohibited. Piling inventory up against ground floor windows facing any street is prohibited, unless it is part of a display area visible from the street.

ii. Commercial Upper Floor Uses. Windows and openings facing streets shall constitute a minimum of twenty-five percent of street-facing building faces for commercial upper floor uses.

iii. Live/Work Uses. Windows and openings facing streets shall constitute a minimum of forty percent of street-facing building faces for live/work uses.

iv. Residential Ground Floor Uses. Windows and openings facing streets shall constitute a minimum of thirty percent of street-facing building faces for residential ground floor uses.

v. Residential Upper Floor Uses. Windows and openings facing streets shall constitute a minimum of twenty percent of street-facing building faces for residential upper floor uses.

vi. Blank Walls. No street frontage wall may run in a continuous plane for more than twenty feet without an opening. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.

vii. Windows. All windows along any façade facing a property in the R-1 and/or R-2 zones shall, at the second story and above, be offset horizontally at least twelve inches (edge to edge) from any windows on buildings on an adjacent property in the R-1 and/or R-2 zones, with the intent of preserving privacy and avoiding having windows immediately opposite each other.

b. Elevation of First Floor. First floor elevations shall contribute to the pedestrian experience at the public right-of-way interface.

i. Commercial and Live/Work Ground Floor Uses. The first habitable floor of commercial and live/work ground floor uses shall be located no more than two feet above or below the existing grade at any point along a street property line.

ii. Residential Ground Floor Uses. The first habitable floor of a standalone residential building shall be located no more than six feet above existing grade and no more than two feet below existing grade along a street property line.

c. Street-Level Entrances.

i. Orientation.

(a) Atlantic Boulevard. For properties with frontage on Atlantic Boulevard, primary street-level entrances shall orient toward Atlantic Boulevard, rather than a parking lot or secondary streets.

(b) Washington Boulevard. For properties with frontage on Washington Boulevard, primary street-level entrances shall orient toward Washington Boulevard, rather than a parking lot or secondary streets.

(c) Both Atlantic and Washington Boulevard. For properties with frontage on both Atlantic Boulevard and Washington Boulevard, primary street-level entrances shall orient toward either Atlantic or Washington Boulevard, rather than a parking lot or secondary streets.

ii. Building Entries Within Façade Design

(a) Dimensions. Building entries, inclusive of doorway and facade plane, shall meet the following minimum dimensions:

(1) Individual residential and live/work entries: five feet in width

(2) Shared residential entry: eight feet in width

(3) Commercial/storefront entry: eight feet in width

(b) Façade Modulation. Primary building entries shall include a façade modulation that includes at least one of the following:

(1) A recess or projection from the primary façade plane with a minimum depth of two feet.

(2) Primary entries shall include weather protection that is a minimum four feet wide and four feet deep by recessing the entry, providing an awning or using a combination of these methods.

(c) Commercial Entrances.

(1) Atlantic Boulevard. For properties with frontage on Atlantic Boulevard, primary entrances shall face Atlantic Boulevard and be unlocked and accessible to the public during business hours.

(2) Washington Boulevard. For properties with frontage on Washington Boulevard, primary entrances shall face Washington Boulevard and be unlocked and accessible to the public during business hours.

(3) Both Atlantic and Washington Boulevard. For properties with frontage on both Atlantic Boulevard and Washington Boulevard, primary entrances shall face Atlantic Boulevard or Washington Boulevard and be unlocked and accessible to the public during business hours.

d. Building Articulation. Street-facing facades for buildings adjacent to a public street shall comply with this section for visual interest along primary corridors.

i. Variable Wall Plane. All façades facing public streets shall include variation that cumulatively equals at least twenty-five percent of the total façade plane area that faces the public right-of-way. Façade plan variation may be met either via recess or projection, with a minimum depth of two feet. Façades facing alleys are exempt from this requirement.

ii. Colors, Materials, and Textures. At least fifty percent of building facades facing public streets shall be articulated by use of a change in plane, color, arrangement of facade elements, or a change in materials (including glazing) to break the building mass. Façades facing alleys are not included in this calculation.

E. Atlantic Boulevard and Washington Boulevard Tree Requirements.

1. Purpose. Tree requirements are intended to facilitate creation of corridors that have a strong, welcoming landscaped character and comfortable pedestrian environment.

2. Nonresidential Ground Floor Use. Properties with frontage on Atlantic Boulevard or Washington Boulevard shall comply with this subsection, the Tree Ordinance (Municipal Code Chapter 12.06) and implementing Tree Policy, and Section 19.23.060.

a. Nonresidential Ground Floor Street Tree Requirements within the Public Right-of-Way. On Atlantic Boulevard and Washington Boulevard, drought-tolerant shade trees, as set forth in the City's Approved Plant List, shall be provided at regular intervals within the right-of-way per requirements of the Tree Ordinance (Chapter 12.06) and Tree Policy. Tree type and locations must be approved by Tree and Streets Maintenance Supervisor before planting. See also Figure 19.49.050-3: Tree Requirements for Nonresidential Ground Floor Use.

Figure 19.49.050-3: Tree Requirements for Nonresidential Ground Floor Use [Figure: Figure 19.49.050-3: Tree Requirements for Nonresidential Ground Floor Use]

3. Residential Ground Floor Use. Properties with frontage on Atlantic Boulevard or Washington Boulevard shall comply with this subsection, the Tree Ordinance (Municipal Code Chapter 12.06) and implementing Tree Policy, and Section 19.23.060.

a. Residential Ground Floor Street Tree Requirements within the Public Right-of-Way. On Atlantic Boulevard and Washington Boulevard, drought-tolerant shade trees, as set forth in the City's Approved Plant List, shall be provided at regular intervals within the right-of-way per requirements of the Tree Ordinance (Chapter 12.06) and Tree Policy. Tree type and locations must be approved by Tree and Streets Maintenance Supervisor before planting.

b. Residential Ground Floor Tree Requirements within the Required Setback. On Atlantic Boulevard and Washington Boulevard, drought-tolerant shade trees, as set forth in the City's Approved Plant List, shall be provided within any required setback at a ratio of at least one tree for every thirty feet of frontage on Atlantic Boulevard and Washington Boulevard, as set forth in Table 19.49.040A (Mixed Use Overlay Zone Development Standards). Trees may be placed at regular intervals along the setback or may be clustered within the setback. See also Figure 19.49.050-4: Tree Requirements for Residential Ground Floor Use.

Figure 19.49.050-4: Tree Requirements for Residential Ground Floor Use [Figure: Figure 19.49.050-4: Tree Requirements for Residential Ground Floor Use]

F. Drainpipes and Roof Gutters. Drainpipes and roof gutters shall be architecturally integrated into the structure or structures. No drainpipe or roof gutter shall be designed and operated to discharge directly onto any public right-of-way.

G. Nonconforming Uses and Structures. Nonconforming uses and structures within the MU-O zone shall comply with the standards in Chapter 19.37 (Nonconforming Uses and Structures).

(Ord. No. 828, § 7, 11-25-2025)

A. Processing.

1. Tier 1.

a. Projects with at least 20 percent affordable units are allowed by right, as defined by California Government Code Section 65583.2(i).

b. Projects with less than 20 percent affordable units are subject to Chapter 19.39 Division 10 (Site Plan Review), as applicable.

2. Tier 2. Tier 2 projects are subject to Chapter 19.39 Division 10 (Site Plan Review), with a recommendation to city council for approval of identified community benefits and density bonuses.

B. No Net Loss.

1. Finding of No Net Loss. To ensure compliance with state housing law by preventing a reduction in citywide housing capacity for lower-income units, the following projects proposed within the MU-O zone shall require a finding of no net loss:

a. Applications for residential or mixed-use development that propose an overall residential density for that site that is less than the residential density and number of units that was assumed in the housing element.

b. Applications for nonresidential development (i.e., projects that do not contain residential uses).

2. Required Finding. Before a project application consistent with Sections 19.49.060(B)(1)(a) or 19.49.060(B)(1)(b) may be granted approval, the review authority shall make the finding from the evidence as submitted that one of the following conditions exists in reference to the property being considered:

a. The project does not limit the remaining sites identified in the housing element sites inventory from accommodating the city's remaining unmet rhna by each income category, due to adequate surplus; or

b. It has been identified that an additional specific site is being allocated to accommodate the city's required residential unit capacity.

(Ord. No. 828, § 7, 11-25-2025)