Chapter 17.12 — RESIDENTIAL OFFICE AND OFFICE DISTRICTS (RO, OC, OM) (§ 17.12.010 – §…

In addition to the general purposes listed in Chapter 17.02, the specific purposes of the residential-office and office districts include the following:

A.

Residential Office (RO). The residential office district implements the residential office land use category of the General Plan. It applies to existing mixed residential and office areas primarily along arterials and collectors. This district is meant to retain and encourage residential uses; office conversions of existing residential uses are discouraged and shall be evaluated. Uses include residential uses, offices oriented to provision of business and professional services, live/work, residential/office mixed use developments, bed and breakfast inns and public and quasi-public uses. Design is to be compatible with design characteristics of the surrounding neighborhood.

B.

Commercial Office (OC). The commercial office district implements the business professional land use category of the General Plan. It is meant to encourage concentrations of administrative, professional and business offices, public and quasi-public uses and similar compatible uses, such as retail commercial uses oriented to the needs of nearby businesses. Intensive residential uses may also be allowed at appropriate locations. Conversions of residential rental units to nonresidential uses require review.

C.

Medical Office (OM). The medical office district also implements the business professional land use category of the General Plan. It is intended to assure an adequate supply of land near the Queen of the Valley for supporting medical/dental offices, medical laboratories, pharmacies and similar related uses. It provides for general office uses on a temporary basis if it can be demonstrated that demand for medical office space is satisfied. (O2003-12)

implements the business professional land use category of the General Plan. It is intended to assure an adequate supply of land near the Queen of the Valley for supporting medical/dental offices, medical laboratories, pharmacies and similar related uses. It provides for general office uses on a temporary basis if it can be demonstrated that demand for medical office space is satisfied. (O2003-12)

(O2003-12)

A.

Design Guidelines. Design guidelines shall be referred to where applicable.

B.

Parking and Loading. On-site parking and loading shall be provided in accord with provisions of Chapter 17.54. C.

Accessory Structures. Accessory structures in the RO district shall meet accessory standards for residential districts in Chapter 17.52. Accessory structures for the CO and MO districts shall meet the same standards as for principal buildings. Walks or similar types of surfaced areas constructed at grade, parking (See subsection G

below), fences (See Chapter 17.52, Site and Use Regulations) and signs (See Chapter 17.55, Sign Ordinance) may be located in setback areas.

D.

Transitional Standards. Where RO, CO or MO district development is proposed on land which abuts Residential RS, RI, or RT District lands, the standards below shall be observed:

1.

RO District transitional standards shall be the same as for the multifamily (RM) district.

2.

In the CO or MO districts, front and side setbacks shall be those required in the adjacent residential district, except when properties abut along rear lot lines; and design review shall identify potential impacts of the proposed project on the residential use (e.g., noise, privacy, visual) and utilize landscaped buffers consisting of a mix of trees and shrubs, six-foot solid masonry walls, building setbacks/stepbacks and/or other effective techniques to address such impacts.

E.

Screening of Trash, Outdoor Storage. See Chapter 17.52 for outdoor storage screening requirements.

F.

Rooftop Equipment. Rooftop equipment shall be screened and integrated into the building architecture. Screens shall not disproportionately increase the mass of the building.

G.

Landscaping. All planting strips, yards, setbacks and other required open space areas shall be landscaped in accord with a landscape plan addressing city standards, approved by the decision-making body as part of the design review or other discretionary permit. In the commercial office and medical office districts, parking may be located in the front setback provided a minimum of 15 feet is landscaped. All landscaping shall be maintained in a healthy, weed-free condition. Landscape maintenance agreements with the city may be required on sensitive sites.

H.

Street Trees. Street trees may be required to be installed by the Community Resources Director in accordance with city standards.

I.

Public Works Improvements. Curb, gutter, sidewalks, street, drainage, utility undergrounding and similar improvements may be required to be installed by the Public Works Director in accordance with Policy Resolution 27 or Public Works Department standard specifications.

K.

Lighting. Exterior lighting shall be directed or shielded so as to prevent glare onto public streets and residential properties.

L.

Noise. See Section 17.52.310, Noise standards.

M.

Conversion or Loss of Residential Uses to Nonresidential Uses in the Residential-Office District. A use permit is required where a project proposes to convert any residential use to a nonresidential use; the application was submitted after the effective date of the ordinance codified in this chapter and there would be loss of one or more dwelling units.

1.

Tenant Provisions. The applicant shall notify any tenants of the application for conversion as follows:

a.

Notice of Intent. A notice of intent to convert shall be delivered to each existing tenant's apartment 60 days prior to the filing of a use permit application. This notice shall contain:

(1)

Name and address of the current owner;

(2)

Name and address of the proposed applicant;

(3)

Notice of the tenant's right to speak at any public hearing;

(4)

Notice that tenant will receive 180 days notice to vacate;

(5)

Statement of terms and conditions of tenancy;

(6)

Provisions for moving expenses;

(7)

Other information as required by the Community Development Department.

b.

Notice to Vacate. Each tenant shall receive written notice to vacate the unit. Such notice shall provide at least 180 days from the first notice of intent, including at least 30 days from the filing of the use permit, provided that approval of a use permit shall not impair the length of term or any other rights of a tenant under a validly existing lease or tenant agreement.

c.

Tenancy Terms. The tenancy shall be continued on the same terms and conditions after the date of approval of the use permit.

d.

Expenses. Each lower income household forced to relocate due to conversion shall receive moving expenses equal to one and one-half times their current monthly rent.

e.

Ineligible Tenants. All persons becoming tenants after filing of the application to convert, shall be informed of the application to convert and shall not be eligible for moving expenses.

2.

Housing Impact Fees. Pursuant to Chapter 15.94 shall be imposed for all converted nonresidential square footage 3.

Periods of Several Rental Housing Shortage. If at the time the use permit is submitted, the vacancy rate, as established annually pursuant to Section 17.52.080(B)(2), is less than three percent, residential uses may not be converted to a nonresidential use unless the applicant submits a plan acceptable to the Housing Director that demonstrates how new dwelling units will be added.

4.

Finding Required. In approving a conversion use permit, the decision-making body shall make the following finding in addition to standard use permit findings:

The proposed project demonstrates how residential units will be added to the city's housing stock to mitigate the loss of units to be converted.

(O2003-12; O2019-001, 1/15/19)

New nonresidential or mixed use structures, additions and exterior remodels of any building or structure, or the subdivision of any lot shall require design review as described in Chapter 17.62 (Design Review Permits). The painting of walls with murals, wall graphics or unusual paint colors compatible with their context also requires design review. Residential development is subject to design review in accordance with Chapter 17.62. Signs require review in accordance with Chapter 17.55, Sign Ordinance.

(O2003-12; O2019-001, 1/15/19)