Article II — Mixed-Use Overlay Districts — Moreno Valley Zoning Code

§ 9.07.091. Purpose and intent. ¶

A. Purpose. The purpose of this chapter to provide regulations that implement the goals and policies of the general plan, the Alessandro Boulevard Corridor Vision Plan (accepted by the Moreno Valley City Council on June 30, 2010), and other similar long-range planning documents aimed at encouraging mixed-use development within the city.
B. Intent. The mixed-use overlay districts are intended to:
1. Stimulate economic development and reinvestment through regulations based upon recognized urban design principles that allow property owners to respond with flexibility to market forces;
2. Create specific development nodes at street intersections with a pedestrian-oriented mix of uses with convenient access between area neighborhoods, housing, employment centers, and retail services;
3. Accommodate intensities and patterns of development that can support multiple modes of transportation including public transit, bicycles, and walking;
4. Facilitate well-designed new mixed-use development projects that combine residential and nonresidential uses (e.g., office, retail, business services, personal services, public spaces and uses, other community amenities, etc.) to promote a better balance of jobs and housing;
5. Ensure compatibility with adjacent existing single-family neighborhoods and harmonious integration with existing commercial areas;
6. Encourage the development of unique district character through a streetscape that provides attractive features (e.g., landscaping, street furniture, niche or linear parks, public places, courtyards, public transportation shelters, etc.) designed to integrate the public realm (e.g., streets, sidewalks, etc.) with adjacent development on private property; and
7. Provide additional property rights while preserving existing property rights. This intent is achieved by providing additional development rights in compliance with this chapter, which property owners may exercise under certain conditions, while retaining all development rights conferred by the underlying district to property owners in the mixed-use overlay districts. Incentives and advantages include allowing a greater range and mix of uses; more permissive dimensional specifications (e.g., greater floor area ratio, lot coverage ratio, and height; reduced setbacks; etc.); exemption from certain design review requirements; and fee reductions or waivers.
(Ord. 864 § 3.3, 2013; Ord. 981 § 3, 2021)

§ 9.07.092. Applicability. ¶

This section describes the applicability of mixed-use overlay district standards to a property when the property is located within two districts – a base district (e.g., commercial (C), office (O), business park/light industrial (BP), etc.) and a mixed-use overlay district.

A. Relationship Between Overlay District Standards and Base District Standards. For property within a mixed-use overlay district, the regulations in this chapter allow mixed-use development as an alternative to the type of development allowed under the base (underlying) district standards.
B. Base District Standards.
1. The provisions in this chapter shall apply to all properties within their respective mixed-use overlay districts, but the provisions do not supersede the underlying base district provisions until a property is developed in compliance with the provisions of this chapter.
2. New projects may be developed in compliance with the existing underlying base district, provided that all standards and requirements of the underlying base district are met.
3. Regulations, development standards, and requirements in the underlying base district shall continue to apply to those projects that are currently developed according to the existing standards.
4. For legal nonconforming uses (i.e., uses that do not comply with the provisions of the base district or this chapter), the provisions in Section 9.02.180 (Legal nonconforming uses, improvements, and parcels) shall apply.
C. Option to Apply Mixed-Use Overlay District Standards.
1. The owner or developer of any property within any mixed-use overlay district may choose to develop in compliance with the standards and procedures in this chapter that apply to the particular mixed-use overlay district in which the property is located.
2. In order to exercise the option to develop under the provisions in this chapter, approval of a development review application shall be required in compliance with Section 9.02.030 (Development review process). In granting the approval, the review authority shall find that:
  - a. The proposed development is in compliance with the provisions in this chapter; and
  - b. Approval of the project will not reduce the amount of land available in mixed-use overlay zone areas to a point where the city's affordable housing needs under the Regional Housing Needs Assessment (RHNA) cannot be met.
D. Other Applicable Regulations. Other applicable regulations can be found in Section 9.09.250 (Live-work development) and Section 9.09.260 (Mixed-use development).
E. Applicable Regulations After Completion of Development. Once a property is developed in compliance with the provisions in this chapter, the provisions of this chapter completely supersede the provisions of the underlying base district. Whenever the requirements of the overlay district impose a more or less restrictive standard than the provisions of the underlying base district, the requirements of the overlay district shall govern.

on of Development. Once a property is developed in compliance with the provisions in this chapter, the provisions of this chapter completely supersede the provisions of the underlying base district. Whenever the requirements of the overlay district impose a more or less restrictive standard than the provisions of the underlying base district, the requirements of the overlay district shall govern.

F. Use of Photographs. Photographs and illustrations are included in this chapter for illustrative purposes only. Specific development standards in this chapter are the controlling language for purposes of development regulation.
(Ord. 864 § 3.3, 2013; Ord. 981 § 3, 2021)

§ 9.07.093. Purposes of mixed-use overlay districts. ¶

This section describes the purpose and intent of each mixed-use overlay district.

A. Mixed-Use Institutional Anchor (MUI) Overlay District. The mixed-use institutional anchor (MUI) overlay district applies to areas around prominent anchor institutions, such as civic centers, medical centers, and educational campuses. The intent is to build upon the role of the institutions by providing opportunities for urban, high-intensity development that serves the needs of visitors, employees, and residents affiliated with the anchor institution and the surrounding region. Development is allowed up to five stories in height with building frontages near or at the sidewalk, wide sidewalks, and parking under or behind buildings. Vertical mixeduse development (ground-floor retail with offices or housing above) is required at important street intersections. Horizontally-integrated or vertically-integrated mixed-use development, with no requirement for ground-floor retail, is allowed in other locations. The overlay district name may be expanded to include the name of the type of anchor institution (e.g., "MUI—Medical Center"). See Figure 9.07.093-1 (Examples of Development in Mixed-Use Institutional Anchor (MUI) Overlay District).
B. Mixed-Use Community (MUC) Overlay District. The mixed-use community (MUC) overlay district applies to areas along major arterials and arterials. The intent is to provide opportunities for the development of pedestrian-oriented blocks with medium-intense development that serves the needs of residents, visitors, and employees from the surrounding community. Development is allowed up to four stories in height with building frontages near or at the sidewalk, wide sidewalks, and parking under or behind buildings. Vertical mixed-use development (ground-floor retail with offices or housing above) is required at important street intersections. Horizontallyintegrated or vertically-integrated mixed-use development, with no requirement for ground-floor retail, is allowed in other locations. The overlay district name may be expanded to include the community name (e.g., "MUC—East Alessandro"). See Figure 9.07.093-2 (Examples of Development in Mixed-Use Community (MUC) Overlay District).

above) is required at important street intersections. Horizontallyintegrated or vertically-integrated mixed-use development, with no requirement for ground-floor retail, is allowed in other locations. The overlay district name may be expanded to include the community name (e.g., "MUC—East Alessandro"). See Figure 9.07.093-2 (Examples of Development in Mixed-Use Community (MUC) Overlay District).

C. Mixed-Use Neighborhood (MUN) Overlay District. The mixed-use neighbor-hood (MUN) overlay district applies to areas along arterials and minor arterials. The intent is to provide an area for low-rise mixed-use development that serves the needs of residents, visitors, and employees from the surrounding immediate neighborhood. Development is allowed up to three stories in height with building frontages near or at the sidewalk, wide sidewalks, and parking under or behind buildings. Vertical mixed-use development (ground-floor retail with offices or housing above) is required at important street intersections. Horizontally-integrated or verticallyintegrated mixed-use development, with no requirement for ground-floor retail, is allowed in other locations. The overlay district name may be expanded to include the neighborhood name (e.g., "MUN—Lasselle Crossing"). See Figure 9.07.093-3 (Examples of Development in MixedUse Neighborhood (MUN) Overlay District).

Figure 9.07.093-1

Examples of Development in Mixed-Use Institutional Anchor (MUI) Overlay District

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Figure 9.07.093-2

Examples of Development in Mixed-Use Community (MUC) Overlay District

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Figure 9.07.093-3

Examples of Development in Mixed-Use Neighborhood (MUN) Overlay District

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(Ord. 864 § 3.3, 2013; Ord. 981 § 3, 2021)

§ 9.07.094. Permitted uses in mixed-use overlay districts.

For the mixed-use overlay districts, unless otherwise expressly provided in this title, permitted uses are limited to those described in Table 9.02.020-2 in Section 9.02.020 (Permitted uses) of this title. Any use not listed in Table 9.02.020-2 as a permitted use, conditional use, or accessory use shall be prohibited.

(Ord. 864 § 3.3, 2013; Ord. 981 § 3, 2021)

§ 9.07.095. Mixed-use overlay district site development standards. ¶

This section provides standards that govern development on properties located in the mixed-use overlay districts. See Table 9.07.095-10 (Mixed-Use Overlay District Development Standards) and related illustrations. For the purpose of this title, mixed-use projects shall comply with nonresidential standards when no mixed-use standards exist.

Table 9.07.095-10 Mixed-Use Overlay District Development Standards	Table 9.07.095-10 Mixed-Use Overlay District Development Standards	Table 9.07.095-10 Mixed-Use Overlay District Development Standards	Table 9.07.095-10 Mixed-Use Overlay District Development Standards
Development Features	MUI	MUC	MUN
Density Standards	Maximum density for residential uses expressed as dwelling units per net acre. See §9.08.060(Development density).
Residential Uses	40 du/ac	30 du/ac	30 du/ac
Intensity Standards	Maximum foor area ratio (FAR) for nonresidential uses.
Nonresidential Uses (1)	1.0 (less than 50% residential) 1.25 (greater than 50% residential)	1.0	1.0
Block Standards	Maximum dimensions required for each newly created block as measured from edge of right-of-way line. See "Block" in §9.15.030 (Defnitions). See Figure 9.07.095-4.
Block Length(A)	600 ft (max)	500 ft (max)	500 ft (max)
Block Perimeter(B)	1,800 ft	1,600 ft	1,500 ft
Building Placement Standards
Build-to-Zone	The area between the minimum and maximum setbacks within which the principal building's front façade (building façade line) is to be located. See "Build-to-Zone" in §9.15.030(Defnitions). See Figure 9.07.095-5.
Front Along Alessandro Blvd. (C)	0 - 15 ft	0 - 10 ft	0 - 10 ft
Front All other streets(D)	0 - 15 ft	0 - 10 ft	0 - 10 ft
Street Side Setback(E)	0 - 15 ft	0 - 10 ft	0 - 10 ft
Setback	Minimum and maximum required setbacks. See §9.08.030 (Accessory structures) for allowed projections into setbacks. See Figure 9.07.095-6.
Front Setback Along Alessandro Blvd. (F)	0 ft (min); 15 ft (max)	0 ft (min); 10 ft (max)	0 ft (min); 10 ft (max)
Table 9.07.095-10 Mixed-Use Overlay District Development Standards	Table 9.07.095-10 Mixed-Use Overlay District Development Standards	Table 9.07.095-10 Mixed-Use Overlay District Development Standards	Table 9.07.095-10 Mixed-Use Overlay District Development Standards
---	---	---	---
Development Features	MUI	MUC	MUN
Front Setback All other streets(G)	0 ft (min); 15 ft (max)	0 ft (min); 10 ft (max)	0 ft (min); 10 ft (max)
Street Side Setback(H)	0 ft (min); 15 ft (max)	0 ft (min); 10 ft (max)	0 ft (min); 10 ft (max)
Interior Side Setback (2) (I)	5 ft (min); No max	5 ft (min); No max	5 ft (min); No max
Rear Setback (2)(J)	10 ft (min); No max	10 ft (min); No max	10 ft (min); No max
Building Frontage Length	% of building built to BTZ. See "Build-to-Zone" in §9.15.030 (Defnitions). See Figure 9.07.095-7.
Within 300 ft of street intersections(K)	65%	65%	65%
Over 300 ft from street intersections(L)	50%	50%	50%
Building Standards	See "Underground Levels" and "Mezzanines/Lofts" in §9.15.030 (Defnitions). See Figure 9.07.095-8.
Number of Stories (3)(M)	5 max	4 max	3 max
Maximum Height (3)(N)	60 ft	55 ft	45 ft
Underground Levels(O)	Allowed	Allowed	Allowed
Mezzanines/Lofts (4)(P)	Allowed	Allowed	Allowed
Building Frontage Types	See §9.07.096(Building frontage type standards).
Along Alessandro Blvd. within 300 ft of intersections(Q)	Live-Work Offce Storefront	Live-Work Offce Residential Storefront	Live-Work Offce Residential Storefront
Elsewhere(R)	Live-Work Offce Residential Storefront	Live-Work Offce Residential Storefront	Live-Work Offce Residential Storefront
Site Planning Standards
Parking Standards	See Ch.9.11(Parking, Figure 9.07.095-9.	Pedestrian and Loading Requirements) and
Surface Parking(S)	20 ft min setback from front lot line; 15 ft min setback from side lot line	20 ft min setback from front lot line; 15 ft min setback from side lot line	20 ft min setback from front lot line; 15 ft min setback from side lot line
Garage/Tuck-Under Parking(T)	Prohibited along front lot lines	Prohibited along front lot lines	Prohibited along front lot lines
Underground/Podium Parking(U)	Allowed beneath building footprint	Allowed beneath building footprint	Allowed beneath building footprint
Above-Ground Parking Structure (5)(V)	Allowed if screened from views from public right-of-way and adjacent single-family residential districts	Allowed if screened from views from public right-of-way and adjacent single- family residential districts	Allowed if screened from views from public right-of-way and adjacent single-family residential districts
Open Space Standards
Table 9.07.095-10 Mixed-Use Overlay District Development Standards	Table 9.07.095-10 Mixed-Use Overlay District Development Standards	Table 9.07.095-10 Mixed-Use Overlay District Development Standards	Table 9.07.095-10 Mixed-Use Overlay District Development Standards
---	---	---	---
Development Features	MUI	MUC	MUN
Publicly Accessible Open Space	See §9.07.097(Open space standards—Publicly accessible open space)
(nonresidential)	15% of net lot area	10% of net lot area	10% of net lot area
Private Open Space (multifamily residential)	See §9.07.098(Open space standards—Private/common open space).
1st foor	150 sq ft per unit	150 sq ft per unit	150 sq ft per unit
Upper foors	100 sq ft per unit	100 sq ft per unit	100 sq ft per unit
Common Open Space (multifamily residential)	300 sq ft per unit	300 sq ft per unit	300 sq ft per unit

Notes:

(1) Podium and underground parking is not counted toward floor area ratio (FAR). Includes residential FAR.
(2) Wherever a lot abuts a lot in any single-family residential district, a minimum setback equal to the building height, but not less than 10 feet shall be required.
(3) Wherever a lot abuts a lot in any single-family residential district, a 15 foot upper story stepback is required for those portions of buildings that are above 30 feet from finished grade.
(4) Mezzanines and lofts shall not be counted as a floor if less than one-third of the unit's floor area.
(5) Minimum interior depth of building liner space that wraps above-ground parking structures facing Alessandro Boulevard shall be 30 feet from the building façade line, as defined in Section 9.15.030 (Definitions).

Figure 9.07.095-4

Block Standards

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Figure 9.07.095-5

Build-to-Zone Standards

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Figure 9.07.095-6 Setback Standards

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Figure 9.07.095-7

Building Frontage Length

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Figure 9.07.095-8

Building Standards and Building Frontage Types

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Figure 9.07.095-9 Parking Standards

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(Ord. 864 § 3.3, 2013; Ord. 981 § 3, 2021)

§ 9.07.096. Building frontage type standards. ¶

This section provides frontage type standards for buildings in the mixed-use overlay districts. Table 9.07.095-10 specifies allowable building frontage types for each mixed-use overlay district.

A. Types of Building Frontages.
1. Live-Work/Office Fronts. A frontage that reinforces both residential and work activities that can occur in the building. The elevation of the ground floor is located at or near the grade of sidewalk to provide direct public access to the building. Entrances and windows are provided on the front of the façade to provide eyes on the street and direct sidewalk access to commercial and office uses. The front setback (if provided) may be improved with landscaping or as an extension of the public sidewalk to create a more pedestrian-friendly environment. See also Section 9.09.250 (Livework development).
2. Residential Fronts. A frontage that reinforces the residential character and use of the building. The elevation of the ground floor is elevated above the grade of the lot to provide privacy for residences by preventing direct views into the home from the sidewalk. Entrances and windows are provided on the front of the façade to provide eyes on the street and direct sidewalk access to the building. Stoops are allowed to project into the front setback to enhance entrances. The front setback is primarily improved with landscaping.
3. Storefronts. A frontage that reinforces the commercial character and use of the ground floor of the building. The elevation of the ground floor is located at or near the grade of sidewalk to provide direct public access into the building. Large storefronts display windows are provided on the front of the façade to encourage visual access to merchandise displays and to encourage window shopping. Awnings or marquees are provided over storefront windows and entrances. The front setback (if provided) is primarily improved as an extension of the public sidewalk to create a more pedestrian friendly environment.
B. Live-Work/Office Frontage Standards.

Live-Work/Offce Frontage Standards (1)	Figure 9.07.096-10
Elevation of Ground Floor(A)	The ground foor elevation shall be located near the elevation of the sidewalk to minimize the need for external steps and external ADA ramps at public entrances.
Minimum Ground Floor Interior Height(B)	12 feet minimum, foor-to-foor height (commercial ready).
Ground Floor Unit Entrances(C) Upper Floor Unit Entrances Recessed Entrances	All ground foor tenant spaces that have street frontage shall have entrances on a façade fronting a street. All other ground foor uses may have a common lobby entrance along the front façade or private entrances along other façades. Entrances to upper foor units may be provided through a common lobby entrance and/or by a common entrance along a façade fronting a street. Entrances may be recessed into the façade.
Ground Floor Windows(D)	At least 40% of the surface area of the ground foor façade (2) shall be occupied by windows (3).
Upper Floor Windows(E)	At least 25% of the surface area of each upper foor façade (2) shall be occupied by windows (3).
Awnings and Marquees(F)	Awnings or marquees may be provided over storefront windows and entrances. Awning and marquees may project up to 6 feet from the façade and extend over the sidewalk provided that at least 8 feet of vertical clearance is provided.
Projecting Elements (Balconies, Roof Overhangs, Shade Structures, and Bay Windows) (G)	Projecting elements on upper foors may project three feet from the façade and project into the setback.
Sidewalk and Setback Treatment (H)	The public sidewalk shall be improved with street trees with an average spacing of 30 feet on-center and pedestrian-scaled street lights (no taller than 14 feet). If the front façade is set back from the public sidewalk, the setback shall be landscaped and/or improved as an extension of the public sidewalk.

Notes:

(1) See Section 9.09.250 (Live-work development).

Notes:

(2) As measured by multiplying the width of the façade by the floor-to-floor height. Opening in the façade (such as entrances to parking facilities or covered outdoor hallways/entrances) shall be subtracted from the surface area calculation.
(3) All parts of the window (e.g., head, jamb, frame, sash, sill, muntin bars, and panes) that are visible on the elevation drawing shall be included as "window" in the calculation. Portions of the window that are not visible on the elevation drawing (such as a window that is blocked by a solid balcony wall) shall not be included in the calculation.

Figure 9.07.096-10 Live-Work/Office Frontage Standards

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C. Residential Frontage Standards.

Residential Frontage Standards	Figure 9.07.096-11
Elevation of Ground Floor(A)	The ground foor elevation shall be located within 6 feet of the ground surface of the adjacent sidewalk or walkway.
Minimum Ground Floor Ceiling Height(B)	10 feet minimum (foor-to-foor height)
Ground Floor Unit Entrances(C) Upper Floor Unit Entrances Recessed Entrances	Entrances to ground foor units that have street frontage may be provided through a common lobby entrance and/or by private entrances from the adjacent sidewalk. Entrances to upper foor units may be provided through a common lobby entrance and/or by a common entrance along a façade fronting a street. Entrances may be recessed into the façade.
Ground and Upper Floor Windows(D)	At least 25% of the surface area of the ground and upper foor façade (1) shall be occupied by windows (2).
Stoops and Front Porches(E)	Stoops and front porches may be provided in front of building and unit entrances. Stoops and front porches may project up to 5 feet from the façade and project into the setback.
Projecting Elements (Balconies, Roof Overhangs, Shade Structures, and Bay Windows) (F)	Projecting elements on upper foors may project 3 feet from the façade and project into the setback.
Sidewalk and Setback Treatment (G)	The public sidewalk shall be improved with street trees with an average spacing of 30 feet on-center and pedestrian-scaled street lights (no taller than 14 feet). If the front façade is set back from the public sidewalk, the setback shall be landscaped (excluding stoops/front porches and paved paths to building entrances).

Notes:

(1) As measured by multiplying the width of the façade by the floor-to-floor height. Opening in the façade (such as entrances to parking facilities or covered outdoor hallways/entrances) shall be subtracted from the surface area calculation.
(2) All parts of the window (e.g., head, jamb, frame, sash, sill, muntin bars, and panes) that are visible on the elevation drawing shall be included as "window" in the calculation. Portions of the window that are not visible on the elevation drawing (such as a window that is blocked by a solid balcony wall) shall not be included in the calculation.

Residential Frontage Standards

Figure 9.07.096-11

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D. Storefront Standards.

Storefront Standards	Figure 9.07.096-12
Elevation of Ground Floor(A)	The ground foor elevation shall be located near the elevation of the sidewalk to minimize the need for external steps and external ADA ramps at public entrances.
Minimum Ground Floor Ceiling Height(B)	15 feet minimum, foor-to-foor height (commercial ready).
Storefront Entrances(C) Lobby Entrances Recessed Entrances	All ground foor tenant spaces that have street frontage shall have storefront entrances on the façade fronting a street. Lobby entrances to upper foor uses shall be located on a façade fronting a street. Storefront and lobby entrances may be recessed into the façade.
Ground Floor Windows(D)	At least 50% of the surface area of the ground foor façade (1) shall be occupied by windows (2).
Upper Floor Windows(E)	At least 25% of the surface area of each upper foor façade (1) shall be occupied by windows (2).
Awnings and Marquees(F)	Awnings or marquees are required over storefront windows and entrances. Awning and marquees may project up to 6 feet from the façade and extend over the sidewalk provided that at least 8 feet of vertical clearance is provided.
Projecting Elements (Balconies, Shade Structures, and Bay Windows)(G)	Projecting elements on upper foors may project 3 feet from the façade and project into the setback.
Sidewalk and Setback Treatment (H)	The public sidewalk shall be improved with street trees with an average spacing of 30 feet on-center and pedestrian-scaled street lights (no taller than 14 feet). If the front façade is set back from the public sidewalk, the setback shall be improved as an extension of the public sidewalk.

Notes:

(1) As measured by multiplying the width of the façade by the floor-to-floor height. Opening in the façade (such as entrances to parking facilities or covered outdoor hallways/entrances) shall be subtracted from the surface area calculation.
(2) All parts of the window (e.g. head, jamb, frame, sash, sill, muntin bars, and panes) that are visible on the elevation drawing shall be included as "window" in the calculation. Portions of the window that are not visible on the elevation drawing (such as a window that is blocked by a solid balcony wall) shall not be included in the calculation.

Figure 9.07.096-12

Storefront Standards

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(Ord. 864 § 3.3, 2013; Ord. 981 § 3, 2021)

§ 9.07.097. Open space standards—Publicly accessible open space.

This section provides standards for publicly accessible open space areas in order to ensure a high level of pedestrian connectivity and activity between the public realm and the private realm, as defined in Chapter 9.15 (Definitions).

A. Minimum Size. All new nonresidential development shall provide publicly accessible open spaces as a percentage of the total development site area as indicated in Table 9.07.095-10 (Mixed-Use Overlay District Development Standards).
B. Eligible Areas. Publicly accessible open space areas shall not include parking, driveway, or rear setback areas, but may include front and side setback areas provided that they are integrated into the overall design of the project.
C. Ground-Level Installation. Plazas, courtyards, or other similar publicly accessible open space areas shall be installed at ground level and shall be incorporated into the design of the development.
D. Visibility and Accessibility. Public open space areas shall be visible and accessible from the public rights-of-way to engage the interest of pedestrians and encourage public use.
E. Landscaping and Hardscapes. Landscaping shall comply with Chapter 9.17 (Landscape and Water Efficiency Requirements). In addition, a combination of landscape and hardscape materials shall be used in the design of these areas and shall include the following components:
1. Hardscape paving may include brick, stone, interlocking concrete pavers, textured concrete, and/or impressed patterned concrete. Hardscape elements may include, but are not limited to, seating areas, potted plant materials, water features, and public art installations.
2. The balance of the open space areas shall be landscaped with turf, shrubs or groundcover, and trees. All plant materials shall be in proportion to the height and mass of the building and shall be permanently maintained.
F. Minimum Height to Width Ratios. In order to achieve sunlight and air circulation in required publicly accessible open space areas, the following minimum height to width ratios shall be provided:
1. Enclosed open space (i.e., open space that is enclosed on four sides, such as a courtyard): two to one ratio. The required open space shall have a width of at least one-half the height of the adjacent building façade (measured perpendicularly from the façade). This requirement shall apply to all sides of the required open space.
2. Open space that is open on one or more sides: three to one ratio. The required open space shall have a width of at least one-third the height of the adjacent building façade (measured perpendicularly from the façade). This requirement shall apply to all sides of the required open space.
G. Design Configuration.
1. In the mixed-use institutional anchor (MUI) overlay district, sharing of the required publicly accessible open space ("quasi-public space") for nonresidential uses and the required common open space for residential uses, indicated in Table 9.07.095-10 (Mixed-Use Overlay District Development Standards), may be allowed by the applicable review authority when it is clear that the open space will provide direct benefit to residents of the project and the public in general subject to the following limitations:
  - a. Up to 30% of the required open space for residential uses in a horizontal mixed use project may be provided as quasi-public open space within the nonresidential component of the project; or
- b. Up to 50% of the required open space for residential uses in a vertical mixed use project may be provided as quasi-public open space within the nonresidential component of the project.
c. The minimum dimension (length and width) of shared common open space areas shall be twenty (20) feet. These areas shall be located at grade and shall be accessible for use by the general public.
- d. Quasi-public open space areas shall not include outdoor dining areas or other outdoor activity areas for exclusive use by an individual business.
- e. Quasi-public open space areas are areas located on private property and accessible to the general public. These areas shall include pedestrian oriented amenities, including enhanced seating, lighting, paving, landscaping, public art, water features, and other similar features deemed appropriate by the community development director.

Publicly accessible open space areas shall be located and configured as any one of the following:
- a. Forecourt. The publicly accessible open space area is located along a recessed center section of the front façade of the building as illustrated in Figure 9.07.097-13a (Publicly Accessible Open Space— Forecourt).
- b. Front. The publicly accessible open space area is located along the street facing frontage of the building as illustrated in Figure 9.07.097-13b (Publicly Accessible Open Space—Front).
- c. "L" Shaped. The publicly accessible open space area is located along the front and side of the lot as illustrated in Figure 9.07.097-13c (Publicly Accessible Open Space —"L" Shaped).
- d. Paseo or Central Courtyard. The publicly accessible open space area is located on the side of the building or along a center pedestrian paseo or courtyard as illustrated in Figure 9.07.097-13d (Publicly Accessible Open Space—Paseo or Central Courtyard).

Figure 9.07.097-13a

Publicly Accessible Open Space—Forecourt

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Figure 9.07.097-13b

Publicly Accessible Open Space—Front

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Figure 9.07.097-13c Publicly Accessible Open Space—"L" Shaped

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Figure 9.07.097-13d Publicly Accessible Open Space—Paseo or Central Courtyard

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(Ord. 864 § 3.3, 2013; Ord. 981 § 3, 2021)

§ 9.07.098. Open space standards—Private/common open space. ¶

This section provides standards for private and/or common open space for residential uses. Private and/or common open space shall be provided in addition to the required publicly accessible open space in Section 9.07.097 (Open space standards—Publicly accessible open space).

A. Required Amount of Open Space.
1. Minimum Required Open Space. Private open space and common open space shall be provided in the amounts indicated in Table 9.07.095-10 (Mixed-Use Overlay District Development Standards).
2. Residential Developments. Private open space and common open space shall be provided on a per unit basis for residential projects and shall be a combination of the total required space divided between private areas (e.g., balconies, patios, etc.) and common areas (e.g., courtyards, playgrounds, recreation facilities, multi-purpose rooms, etc.) designed for the common use of residents as specified below.
3. Nonresidential or Mixed-Use Developments. Private open space and common open space shall be provided as a percentage of the total lot area for nonresidential projects and may be used to provide site amenities such as rooftop decks, courtyards, or similar features. Mixed-use developments shall combine the residential standards and the nonresidential standard to satisfy this provision.
B. Exclusive Use. Private and common open space areas shall be located and designed for the exclusive use of the residents or tenants of the property and their guests and shall not be publicly accessible, except in the civic center mixed-use (CVMU) overlay district and the medical center mixed-use (MDMU) overlay district where sharing of the required publicly accessible open space ("quasi-public space") for nonresidential uses and the required common open space for residential uses may be allowed in compliance with Section 9.07.097(G) (Open space standards—Publicly accessible open space, Design configuration).
C. Types of Open Space. A combination of private and common open space shall be provided to satisfy the following requirements:
1. Common open space amenities shall include, but are limited to, one or more of the following amenities: courtyards, plazas, tennis courts, swimming pools, spas, permanently equipped gym/exercise rooms, or other permanent amenity. Rooftop decks and terraces

may be used to satisfy this requirement; however, these areas shall be easily accessible to all residents within the building, and face the public rights-of-way where possible.

Private open space areas may include balconies, patios, terraces, or rooftop decks. These areas shall be integrated into the overall architectural design of the building. Architectural elements (e.g., railings, trellises, short walls, roof-top enclosures, etc.) shall be consistent with the architectural style of the structure to which they are attached.

D. Materials and Design. Open space areas shall be constructed of permanent materials and be permanently integrated into the design of the building.
E. Building Height to Open Space Width Ratios. In order to achieve sunlight and air circulation in outdoor common open space areas, the following building height to open space width ratios are required:
1. Enclosed open space (i.e., open space that is enclosed on four sides, such as a courtyard): one to one ratio.

The required open space shall have a width of at least one-half the height of the adjacent building façade (measured perpendicularly from the façade). This requirement shall apply to all sides of the required open space.

Open space that is open on one or more sides: two to one ratio. The required open space shall have a width of at least one-third the height of the adjacent building façade (measured perpendicularly from the façade). This requirement shall apply to all sides of the required open space.

(Ord. 864 § 3.3, 2013; Ord. 981 § 3, 2021)

§ 9.07.099. Lot area requirements and lot consolidation incentives. ¶

A. Lot Area Requirements. In addition to the lot area requirements provided in Table 9.07.095-10 (Mixed-use Overlay District Development Standards), the size and shape of each newly created lot shall be adequate to allow the full development of the allowed uses in a manner consistent with the following:
1. Adequate provision shall be made to promote safe and orderly access and circulation of pedestrian and vehicular traffic within the site and from public streets and adjacent developments;
2. Adequate provision shall be made for buildings to be sited to allow for functional use of space between structures and to provide areas for parking, access, and landscaping;
3. Adequate provision shall be made to ensure the compatibility of the site development with surrounding development in regard to size, scale, building and site design, and limitation of over-shadowing effects; and
4. The proposed development shall not limit or adversely affect the growth and development potential of adjacent properties or the general area in which the proposed development will be located.
B. Lot Consolidation Incentives.
1. Allowable Incentives for Lot Consolidation. In order to encourage the assembly of smaller existing lots into larger lots that can be more efficiently developed into a mixed-use project, the following incentives are offered:
  - a. Reduction in required parking for a mixed-use project when approved in compliance with Section 9.11.070 (Adjustments to off-street parking requirements).
  - b. Increase in maximum floor area ratio (FAR), up to a maximum of 10%.
  - c. Reduction in common and/or private open space requirements, up to a maximum of 10%.
2. Eligibility for Incentives.
  - a. Consolidation of existing small lots into a development project site of one acre or greater up to two acres shall be eligible for any two of the allowable incentives identified above.
b. Consolidation of existing small lots into a development project site of two acres or greater shall be eligible for any four of the allowable incentives identified above.
(Ord. 864 § 3.3, 2013; Ord. 981 § 3, 2021)