Chapter 7 — OVERLAY DISTRICTS

ARTICLE A. MEDIUM DENSITY RESIDENTIAL (MDR) OVERLAY ZONE

SECTION:

15-7A-1: Purpose 15-7A-2: Activation 15-7A-3: Development Standards 15-7A-4: Live/Work Development Standards

A. To provide for an area within the Smoky Hollow Specific Plan area that is appropriate for and capable of sustaining residential uses.

B. Moreover, it is the intent in identifying the long-term potential for residential use in the area designated to establish that residential use is explicitly excluded from the remainder of the Smoky Hollow specific plan area, except for single caretaker dwelling units provided for elsewhere in the plan.

C. The MDR Zone shall be considered a "floating zone" in that once a need is identified, this zone can be activated. This floating zone for the Smoky Hollow Specific Plan area attempts to recognize that future residential market forces are anticipated in certain portions of the specific plan area and sensible land use planning dictates their exact locations given adjacent land uses and proximity to arterial streets.

D. In effect, this zone is not a true "floating zone" in that it does not add more regulations over the existing Smoky Hollow East base zone. Rather, it is a "holding zone" which can be activated and used in place of the base zone. (Ord. 1580, 2-5-2019; Ord. 1648, 6-21-2023)

The following processes activate the MDR Zone:

A. A General Plan amendment to change the designation for proposed activated property from Smoky Hollow Specific Plan to Multi-Family Residential;

B. A Specific Plan amendment to remove the proposed activated property from the Smoky Hollow Specific Plan; and

C. A Zone Change application to change the zone of the proposed activated property from Smoky Hollow East with MDR Overlay to Multi-Family Residential (R-3) without MDR Overlay. (Ord. 1580, 2-5-2019)

The development standards that apply to the underlying base zone shall apply unless and until the MDR is activated. If the MDR is properly activated, Multi-Family Residential (R-3) zoning standards shall apply to the activated property along with the following additional standards:

A. The setback along Grand Avenue shall be 30 feet minimum for properties east of Kansas Street, whether it is for a front or side yard.

B. Vehicular access to MDR activated properties may not be taken directly from Grand Avenue. (Ord. 1580, 2-52019; Ord. 1648, 6-21-2023)

Live/work uses are in addition to residential uses and must comply with all the following:

• A. Live/work uses cannot be open to walk-in trade or client visits other than by appointment;

• B. Only one employee, other than the resident, may be employed on site;

• C. Work activity must be conducted entirely within the individual unit;

• D. Outdoor storage is not permitted;

• E. Live/work uses cannot generate hazardous materials or employ hazardous processes;

• F. The live/work use cannot be publicly observed;

G. Live/work impacts, such as noise, vibration, dust, odors, fumes, smoke, heat, electrical interference or other similar nuisances, cannot be perceptible beyond the individual unit;

H. Live/work activities cannot increase pedestrian or vehicle traffic beyond that ordinarily associated with residential occupancy nor can it reduce the number of required off street parking spaces available for residential use; I. One wall sign is permitted at the entrance of each individual unit. The wall sign cannot exceed six square feet and cannot extend above or out from the wall. Signs cannot emit sounds, odor, or visible matter, such as smoke or steam. Signage may be lighted from another source such as gooseneck lamps. Internally illuminated and neon signs are not allowed. Rooftop signage is not allowed within the zone. Signs cannot contain any revolving, fluttering, flashing or spinning elements. All signage is subject to city requirements for sign permits. (Ord. 1648, 6-21-2023)

ARTICLE B. MULTIMEDIA OVERLAY (MMO) DISTRICT

SECTION: 15-7B-1: Purpose 15-7B-2: Permitted Uses 15-7B-3: Permitted Accessory Land Uses 15-7B-4: Uses Subject To Administrative Use Permit

15-7B-5: Uses Subject To Conditional Use Permit 15-7B-6: Prohibited Uses 15-7B-7: Site Development Standards 15-7B-8: Landscaping 15-7B-9: Off Street Parking And Loading Spaces 15-7B-10: Signs

A. The purpose of this district is to provide consistency with and implement policies related to those locations, which are designated for the Multimedia Overlay (MMO) District. The MMO District is established to provide creators of multimedia (film, television, music video, multimedia, digital artists, web authors, etc.) and their support elements the opportunity to obtain the space, equipment and personnel necessary to conceive, produce and deliver their work in one location. It is the intent of the MMO District to allow for the coexistence of uses permitted in the underlying zone along with the possibility of multimedia uses.

B. It is anticipated, although not required, that each type of use will be from two (2) or more of the following categories: office, sound stages and support offices, post production, craft shops, services, rentals, theaters and performance, commissary, or archive. It is further intended to ensure that adequate open space and development regulations will create a favorable environment for abutting uses as well as ensuring the compatibility and harmonious

existence of development within MMO District property. Businesses located within this district are encouraged to provide street level uses which allow for, and facilitate, pedestrian activity for area workers and visitors and opportunities for easy interface. (Ord. 1307, 4-20-1999; amd. Ord. 1573, 10-2-2018)

The following uses would be permitted in the proposed MMO District:

• A. Commissary.

• B. Craft shops and rentals.

• C. Movie and entertainment facilities.

• D. Multimedia archive facilities.

• E. Multimedia related office and postproduction facilities.

• F. Picture equipment sales.

• G. Special effects studios.

• H. Studio/sound stage(s) and other support facilities.

I. Other similar uses approved by the Director of Community Development, as provided by chapter 22 of this title. (Ord. 1447, 10-5-2010; amd. Ord. 1573, 10-2-2018; Ord. 1620, 11-17-2020; Ord. 1639, 9-20-2022)

The following uses would be permitted as accessory uses in the MMO District:

• A. Drive-through or walk-up services, including financial operations, but excluding drive-through restaurants.

• B. Employee recreational facilities and play area.

• C. Open storage of commodities sold or utilized on the premises.

• D. Outdoor dining areas pursuant to the standards contained in sections 15-2-7 and 15-2-16 of this title.

• E. Parking structures and surface parking lots.

• F. Other similar uses approved by the Director, as provided by chapter 22 of this title. (Ord. 1307, 4-20-1999; amd. Ord. 1315, 1-18-2000; Ord. 1573, 10-2-2018; Ord. 1620, 11-17-2020; Ord. 1639, 9-20-2022; Ord. 1648, 6-21-2023)

The following uses would be permitted subject to the approval of an administrative use permit in the proposed MMO District:

• A. Employee daycare facilities.

• B. The off site sale of alcohol at retail establishments.

• C. The on site sale and consumption of alcohol at restaurants, drive-through restaurants, delicatessens, and commissaries.

D. Other similar uses approved by the Director of Community Development, as provided by chapter 22 of this title. (Ord. 1307, 4-20-1999; amd. Ord. 1315, 1-18-2000; Ord. 1395, 5-16-2006; Ord. 1573, 10-2-2018; Ord. 1620, 11-172020; Ord. 1639, 9-20-2022)

The following uses are allowed subject to obtaining a conditional use permit, as provided by chapter 23 of this title:

• A. Assembly halls.

B. Other similar uses approved by the Director of Community Development, as provided by chapter 22 of this title. (Ord. 1447, 10-5-2010; amd. Ord. 1573, 10-2-2018; Ord. 1620, 11-17-2020; Ord. 1639, 9-20-2022)

All uses prohibited in the underlying zone(s). (Ord. 1307, 4-20-1999; amd. Ord. 1573, 10-2-2018)

A. All uses within the MMO District shall comply with the site development standards of the underlying zone(s); provided, however, that a maximum of one million five hundred thousand (1,500,000) square feet of development shall be allowed in the entire MMO District area.

B. The total net "floor area" of all buildings, as defined in section 15-1-6 of this title on any parcel or lot in the underlying O-S, P, and P-F Zones shall not exceed the total square footage of the parcel or lot area multiplied by 1.3, thereby giving a floor area ratio of 1.3:1. (Ord. 1307, 4-20-1999; amd. Ord. 1573, 10-2-2018)

Landscaping in the MMO District will be provided as required in the underlying zone(s). (Ord. 1515, 12-15-2015; amd. Ord. 1573, 10-2-2018)

Off street parking and loading spaces in the proposed MMO District will be provided as required in the underlying zone(s) and as required by chapter 15 of this title. (Ord. 1307, 4-20-1999; amd. Ord. 1573, 10-2-2018)

Signs in the MMO District will be in compliance with the requirements of the underlying zone(s). (Ord. 1307, 4-201999; amd. Ord. 1573, 10-2-2018)