Chapter 18.54 — MIXED-USE OVERLAY ZONES (MX)

• A. The objective of the mixed-use (MX) overlay zone is to provide a framework that allows for the development of properties in a manner consistent with the general plan.

• B. The regulations of this chapter are intended to permit a diversity of uses, relationships and heights of buildings and open spaces in planned building groups while ensuring substantial compliance with the spirit, intent and provisions of this code.

• C. The provisions of this chapter shall not apply to property that has been, or is proposed to be, developed entirely under the base zone, except for the maximum permitted floor area ratio as noted in Section 18.54.050.C.2.b of this chapter.

• D. Development within the MX overlay zone shall subject to the approval of design review, in accordance with the requirements of Chapter 18.68 (Design Review) of this title and any other applicable land use approvals.

• E. Mixed-use projects shall be subject to the limitations set forth in the general plan.

• F. Properties in the MX overlay zone may be developed or modified to provide all residential, all commercial, or a mixed-use project.

• G. Mixed-use projects can be horizontally or vertically integrated. Horizontal mixed- use projects consist of two or more attached or detached buildings of differing use categories (e.g., residential and commercial) within the same project area. Vertical mixed-use projects consist of one or more different uses placed over another use within the same building (e.g., residential over commercial).

• H. A project area may encompass a single parcel or multiple parcels, planned and constructed as one, coordinated and unified project.

• (Ord. 1853, 12/18/2023)

See Chapter 18.06 , Section 18.06.040 , Table 18.06.040.A - Land Use Matrix. (Ord. 1853, 12/18/2023)

See Chapter 18.04 , Definitions. (Ord. 1853, 12/18/2023) (Ord. 1853, 12/18/2023)

The regulations set forth in this chapter shall apply to the development or modification of any property within the MX overlay zone, when a property owner chooses to develop or modify existing structures in accordance with the MX overlay zone.

• A. The regulations set forth in this chapter shall be in addition to those regulations set forth in the base zone.

• B. In the event of a conflict between the provisions of the MX overlay zone and the provisions of the base zone, the provisions of the MX overlay zone shall prevail. If the MX overlay zone is silent in relation to any development standard, the development standard identified in the base zone shall prevail.

• C. Regulations, development standards, and requirements of the base zone shall continue to apply to those projects that are currently developed according to said standards.

• D. Legal nonconforming uses (i.e., uses that do not comply with the provisions of the base zone or this chapter), shall be subject to the provisions set forth in Section 18.08.070 (Nonconforming buildings and uses) of this title.

• (Ord. 1853, 12/18/2023)

For property owners that choose to develop or modify their property in accordance with the MX overlay zone, the following special development standards shall apply. These standards do not apply if the property owner

chooses to develop or modify existing structures on their property in accordance with the base zone.

• A. Open Space/Common Area Amenities.

  1. Dwelling Units. Each dwelling unit shall have a minimum of two hundred fifty square feet of usable open space. This can be provided through private or common open space area. Mixed-use and residential projects shall provide private open space area such as patios or balconies adjacent to at least fifty percent of the units. Roof top decks may also be used to meet this requirement.

  2. Community Amenities. Indoor and outdoor community amenities shall be provided for passive and active recreation. These amenities shall enhance the overall quality of development and contribute to the character of the area.

• B. Parking. Residential and mixed-use projects shall comply with the provisions of Chapter 18.14 (Off-Street Parking Requirements) of this title. The following additional provisions shall apply:

  1. Guest parking and parking for nonresidential uses shall be located or assigned in such a way as to distinguish it from residential parking assigned to individual units.

  2. A reduction in the number of parking spaces required in Chapter 18.14 may be permitted subject to the approval of the planning commission, based upon information contained in a parking demand study prepared by a California-licensed, independent traffic engineer, at the developer's expense.

  3. Due to variations in parking demand and needs of mixed-use projects, vehicle parking requirements and the design of parking areas may be modified as part of the site plan review process based upon information contained in a circulation study prepared by a California-licensed, independent traffic engineer, at the developer's expense.

• C. Densities and Floor Area Ratios.

  1. Residential Densities. All developments exclusively involving residential units within the MX overlay zone shall be developed in compliance with the parcel's general plan land use maximum permitted density as summarized in Table 18.54.050.C.

  2. Floor Area Ratio (FAR).

     • a. Commercial development projects exclusively involving commercial buildings shall comply with the maximum permitted FAR as allowed by the parcel's general plan land use designation as summarized in Table 18.54.050.C.

• b. All mixed-use projects that include residential units shall have a maximum FAR of 1.5 for all of the combined uses. The maximum permitted residential densities do not apply to mixed-use development. The commercial uses shall not exceed the maximum permitted FAR for the parcel as specified in Table 18.54.050.C.

• D. Objective Design Standards. All multi-unit and mixed-use development must comply with the objective design standards set forth in Chapter 18.09 (Objective Design Standards for Multi-Unit Residential and Mixed-Use Development) of this title.

• (Ord. 1853, 12/18/2023)