Chapter 23.313 — Mixed-use Zoning Districts

The purpose of this chapter is to establish several mixed-use zoning districts in the city. These districts provide for the compatible integration of residential, commercial, office, and/or industrial uses on a single project site. These districts are consistent with and implement the city's following General Plan land use categories: residential mixed-use, commercial mixed-use, office mixed-use, light industrial, local town center, and regional town center.

(Ord. 27-2008 § 1 (Exh. A § 2.5.010); Ord. 12-2011 § 3 (Exh. A); Ord. 3-2017 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 1-2022 § 3 (Exh. A))

The following descriptions of each mixed-use zoning district identify the characteristic uses, intensity of uses, and level of development intended for that district:

• A. Residential Mixed-Use (RMU) Zoning District. This district is intended to designate property for the development of medium and high density housing (between 6.1 and 40 dwelling units per acre) that may incorporate office and/or commercial services. While the predominant use of the development is residential, the city encourages the vertical and/or horizontal integration of commercial and/or office uses that are compatible with the residential development.

• B. Commercial Mixed-Use (CMU) Zoning District. This district is intended to designate property for vibrant commercial and mixeduse development. While a predominantly commercial district, the CMU category is designed to provide for the integration of retail and service commercial uses with office and/or residential uses. In multiple-story buildings, retail uses are the predominant use on the ground floor.

• C. Office Professional Mixed-Use (OPMU) Zoning District. This district is intended to designate property primarily for the development of larger office buildings and business parks with supporting retail and service uses. The predominant use is office, but commercial, service and residential uses may be integrated into office buildings or located horizontally in freestanding buildings. This district also allows some standalone uses that are not traditional or predominant office uses, such as hospitals, banks/financial institutions, hotels/motels, and recreation, education, and public assembly uses.

• D. Office Industrial Mixed-Use (OIMU) Zoning District. This district is intended to designate property for a wide range of office and light industrial development. The OIMU district is intended for the seamless integration of office and light industrial uses with supporting retail and service uses. Offices may be developed in an office park setting, but most office and light industrial development stands alone. Commercial and other support services may be integrated vertically and/or horizontally in this district, but the predominant use of integrated developments is office and/or light industrial. This district also allows some standalone uses that are not traditional or predominant office or industrial uses, such as hospitals, banks/financial institutions, and recreation, education, and public assembly uses.

• E. Light Industrial Business Park (LIBP) Zoning District. This district is intended to designate property for the development of research and development, industrial, and/or manufacturing activities that occur primarily within an enclosed building. Development in this district may be integrated into a business park or campus setting with supporting retail services. This district also allows warehousing activities or distribution centers. Limited office and retail service uses may be integrated into the predominantly industrial use of the property horizontally or vertically. This district also allows public/quasi-public uses by right.

lding. Development in this district may be integrated into a business park or campus setting with supporting retail services. This district also allows warehousing activities or distribution centers. Limited office and retail service uses may be integrated into the predominantly industrial use of the property horizontally or vertically. This district also allows public/quasi-public uses by right.

• F. Village Center (VC) Zoning District. This district is intended to provide centers of activity that are within an easy walking distance from neighborhood homes and to provide local-serving commercial opportunities. A network of sidewalks, bicycle trails, and transit routes provides easy nonvehicular access to these centers, and buildings within this zone are appropriately scaled to fit in the neighborhood context and are placed to encourage the active use of public spaces and generate pedestrian activity.

• G. Local Town Center (LTC) Zoning District. This district is intended to provide vibrant activity centers that serve the major retail and entertainment needs for a collection of neighborhoods that form districts as defined by the city's community building block concept of the General Plan. Nightlife is an important component of this district. An extensive network of sidewalks, bicycle trails, and transit routes will connect these centers to the neighborhoods. The local town centers created in this zone will provide pedestrianoriented gathering places.

• H. Regional Town Center (RTC). This district is intended to provide locations for regional-serving retail, office, and residential uses that provide a vibrant mixed-use setting that fosters positive day and nighttime activity. Development may feature dynamic taller buildings and building complexes (over four stories in height) that are scaled appropriately to create a comfortable pedestrian environment and be compatible with adjacent neighborhoods. Mixed-use development can be designed horizontally (e.g., a grocery store next to a residential building) or vertically (e.g., a grocery store as the ground floor use with residential units above). Design characteristics include public plazas and other gathering places, open storefronts with expansive windows, and a rich mix of uses and tenants.

• (Ord. 27-2008 § 1 (Exh. A § 2.5.020); Ord. 4-2011 § 3 (Exh. A); Ord. 12-2011 § 3 (Exh. A); Ord. 3-2017 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 1-2022 § 3 (Exh. A))

Table 23.313-1 identifies allowed uses and corresponding permit requirements for the mixed-use districts subject to compliance with Chapter 23.304 RCMC (Land Use Classification) and all other provisions of this title. Descriptions/definitions of the land uses can be found in Article 11 of this title (Definitions). The specific use regulations column in the table identifies the specific chapter or section where additional regulations for that use type are located within this title.

Use regulations in the table are shown with a representative symbol by use classification listing: "P" symbolizes uses allowed by right, "AUP" symbolizes uses that require approval of an administrative use permit, "C" symbolizes uses that require approval of a conditional use permit, and "N" symbolizes uses that are not permitted.

(click here to view the full table)

Notes:

2. This use is permitted or permitted with a use permit as specified only in conjunction with the predominant use of the mixed-use district. In other words, this use is only allowed as part of an integrated development and not as a standalone use. Other uses in the table are allowed as standalone uses.

3. All forms of speaker amplification exterior to the building shall be prohibited unless authorized in combination with project approval or amendment thereto. 4. All activities shall occur within a completely enclosed building or shall be located behind a solid/screened enclosure directly adjacent to the building. 5. Maximum gross floor area is less than 5,000 square feet. 6. Limited to a maximum of 25 percent of the gross floor area of the integrated development. 7. Maximum tenant space shall be 25,000 square feet. 8. Maximum tenant space shall be 50,000 square feet. 9. Uses 25,000 square feet and over require a conditional use permit. 10. Limited to less than 50 percent of the gross floor area of the integrated development. 11. Maximum tenant space shall be 15,000 square feet. 12. All activity and storage must be located within an enclosed structure. 13. No portion of the use shall be located within 500 feet of an intersection. 14. All activity must be entirely screened from public view and not within 500 feet of a residential use. The 500-foot separation from residential uses may be waived if the storage yard adheres to the standards in RCMC § 23.728.030(C)(1). 15. A crematory is prohibited in all zones with the exception of LIBP, where it is permitted in association with a mortuary or funeral home. 16. Only establishments that sell alcoholic beverages for off-site consumption require a conditional use permit. 17. See additional provisions in RCMC § 23.901.080 , Family day care (large). 18. See additional provisions in RCMC § 23.901.090 , Residential care home (large). 19. This use is not permitted if incidental to and not a primary part of the operation of the primary use. Rentals that are an integral part of a primary use are subject to the additional provisions of RCMC § 23.913.040 . 20. Drive-throughs that are added to existing buildings may be processed with an AUP. 21. Conditional use permit required if any portion of proposed facility is within 500 feet of a residential zoning district or existing residential use. 22. All commercial activity, display and storage shall occur within a building or within a screen enclosure. A temporary use permit, administrative use permit, or conditional use permit may be obtained to deviate from this requirement. 23. Uses which serve alcohol for on-site consumption and which have an "on-sale" license from the California Department of Alcoholic Beverage Control must be located at least 250 feet from any adult live theater at which live nude dancing is performed and which is subject to Section 143.3 of the California Code of Regulations . 24. Private community gardens and market gardens are allowed in the city's mixed-use districts up to a maximum three acres in size and pursuant to applicable regulations in RCMC § 23.904.030 . Approval of an administrative use permit is required for said uses greater than three acres in size. 25. On-site urban agriculture stands are allowed up to 120 square feet, on the site of an urban agricultural use consistent with applicable regulations in RCMC § 23.904.030 . 26. See RCMC § 23.910.020 (Convenience stores). 27. See Chapter 23.915 RCMC (Storage, Personal Storage Facility Development Standards). 28. Massage parlors and massage establishments must be located at least 1,000 feet from other massage parlors and massage establishments, as measured from the entrance of each establishment. This shall not apply to any home occupation massage business that is in full compliance with home occupation requirements in Chapter 23.901 RCMC. 29. Over 20,000 square feet requires an administrative use permit. 30. Bingo games and parlors are regulated by Chapter 4.26 RCMC. The city has a limit of no more than two bingo parlors in the city limits at any given time. 31. Dormitories on any parcel that is part of a contiguous campus are permitted as an accessory use to a public or private school. 32. On-site consumption of food is considered a permitted use if the related primary use is a permitted use. 33. On-site consumption of alcohol, as an accessory use to a permitted use, requires approval of an administrative use permit. 34. All storage yards proposed in the OIMU zoning district require a conditional use permit and are not subject to RCMC § 23.728.020 (Permit requirements and exemptions).

consumption of food is considered a permitted use if the related primary use is a permitted use. 33. On-site consumption of alcohol, as an accessory use to a permitted use, requires approval of an administrative use permit. 34. All storage yards proposed in the OIMU zoning district require a conditional use permit and are not subject to RCMC § 23.728.020 (Permit requirements and exemptions).

(Ord. 27-2008 § 1 (Exh. A § 2.5.030); Ord. 12-2011 § 3 (Exh. A); Ord. 8-2015 § 4 (Exh. B); Ord. 15-2015 §§ 2, 3; Ord. 1-2016 § 4; Ord. 3-2017 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 5-2017 § 3 (Exh. A); Ord. 4-2018 § 3 (Exh. A); Ord. 15-2018 § 4 (Exh. A); Ord. 172018 § 4 (Exh. A); Ord. 3-2019 § 5 (Exh. A); Ord. 5-2019 § 3 (Exh. A); Ord. 1-2020 § 3 (Exh. A); Ord. 1-2021 § 3 (Exh. A); Ord. 112021 § 3 (Exh. A); Ord. 1-2022 § 3 (Exh. A); Ord. 12-2022 § 3 (Exh. A); Ord. 4-2024 § 3 (Exh. A); Ord. 5-2025 § 3 (Exh. A))

The following development standards are applicable to the mixed-use zoning districts. These standards, along with other development standards (e.g., landscaping requirements, parking standards) in this title and citywide design guidelines, are intended to assist property owners and project designers in understanding the city's minimum requirements and expectations for high quality development. Where identified, the downtown shall be that area identified as the downtown planning area in the city's General Plan and as illustrated in Figure 23.313-1.

Figure 23.313-1: Downtown Planning Area

==> picture [480 x 474] intentionally omitted <==

Development standards for the village center (VC), local town center (LTC), and regional town center (RTC) zoning districts are listed in Article 5 of this title (Form-Based Zoning Provisions). Because of their unique character and location within the city, these zoning districts benefit from the application of these form-based standards. The Downtown Planning Area is denoted by the outlined darkorange colored area on the map.

Notes:

1. VC, LTC, and RTC development standards are provided in Article 5 of this title, Form-Based Zoning Provisions.

2. The minimum and maximum density standards are only applicable to mixed-use and integrated developments that include residential uses. Residential projects shall include a minimum of four units. The director may approve residential densities below 10 dwelling units per acre if the units are located above retail or office uses.

3. Predominant use standards for the OPMU and OIMU districts are intended to establish maximum square footage allowances for those uses in Table 23.313-1 that are allowed only as accessory or secondary to a primary use. Both OPMU and OIMU districts allow some standalone uses that are not traditional or predominant office uses (e.g., hospitals, banks/financial institutions, hotels/motels, recreation, education, and public assembly uses). This standard does not apply to standalone uses allowed by right or with a use permit consistent with Table 23.313-1.

4. Excludes square footage of structured parking.

5. Includes residential uses and square footage. See Article 11 of this title for definition of floor area ratio (FAR).

6. At no time shall any portion of the structure be located within a designated public utility easement.

7. Garages may also be accessed from an alley with a minimum three-foot rear setback.

8. Consistent with the setback provisions in the design guidelines, the city requires new commercial and mixed use buildings to be located in close proximity to the street for improved relationship to the street and pedestrians. Therefore, for lots less than 15 acres in size, at least 50 percent of the lot width is occupied by primary building frontage and/or pedestrian features located between zero and 30 feet from the front property line. Similarly, for lots 15 acres and greater in size, at least 50 percent of the lot width is occupied by primary building frontage and/or pedestrian features located between zero and 80 feet from the front property line. The following figure, from the design guidelines, is provided to help illustrate this concept:

==> picture [486 x 369] intentionally omitted <==

----- Start of picture text -----
Notes:
9. A zero lot line home allows a zero side-yard minimum setback on one side with a corresponding 10-foot minimum side-yard setback on the other side.
10. The maximum height may be increased in conjunction with design review when the proposed structure includes a parking structure or a combination of uses
(e.g., commercial with residential and/or office) in the same structure.
11. While there is no height maximum in the downtown, the regulations of the Federal Aviation Administration (FAA) limit the height of structures to between 150 and
350 feet based on location. See the safety element of the General Plan for more information. FAA approval is required for all structures over 150 feet in height.
12. Accessory dwelling units are subject to the square footage limitations provided within this zoning code (see RCMC § 23.901.060 ). Accessory dwelling units may
be located above the garage.
----- End of picture text -----

(Ord. 27-2008 § 1 (Exh. A § 2.5.040); Ord. 12-2011 § 3 (Exh. A); Ord. 3-2017 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 1-2022 § 3 (Exh. A))