Rancho Palos Verdes Municipal Code Ch. 17.47 Mixed-Use Overlay District

The mixed-use overlay district (MUOD) implements various programs in the city's housing element by facilitating the development of a MUOD project of residential-only or mixed-use development with residential and commercial uses on select parcels that encourage:

A. A compact and infill development pattern that promotes efficient use of land and infrastructure, minimizes automobile dependency, and promotes vibrant and active lifestyles;

B. A compatible mix of uses including residential, commercial, and office land uses in a horizontal or vertical configuration that co-locates residents with pedestrian-oriented amenities;

C. A diversity of multi-family housing types in a residential-only or mixed-use configuration to increase housing choice and affordability; and

D. Revitalization of the city's commercial corridors as places to live, work, and play, thereby supporting the city's economic development initiatives.

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-18-2024)

A. Applicable parcels. The MUOD is an overlay district applicable to parcels with an underlying nonresidential base district designation. The MUOD shall only apply to the parcels identified in the mixed-use overlay district map on file with the community development department. Any new development or projects that are an addition by increasing the square footage to an existing development on property within this overlay district shall comply with the provisions of this chapter.

B. Relationship to the underlaying base district. The provisions of the underlying base district shall continue to apply to existing uses and development on a property; however, any new development or projects that are an addition by increasing the square footage to an existing development on a property within this overlay district shall comply with the provisions of this chapter.

C. Relationship to overlay control districts. If applicable, the objective provisions of any overlay control district shall continue to apply to a property unless specifically superseded by a MUOD project when a property owner initiates provisions of this chapter. In the event that the provisions of any overlay control district are in conflict with provisions of this chapter, this chapter shall govern.

D. Relationship to state density bonus law. A MUOD project is eligible for a density bonus in accordance with Chapter 17.11 (affordable housing).

E. Designation. The application of the MUOD shall be signified by the designation of a "MUOD" suffix following the base district designation on the official zoning map. For example, the use of the MUOD in conjunction with the commercial-general district would be designated as "CG-MUOD."

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-18-2024; Ord. No. 697U, § 5(Exh. A), 3-3-2026; Ord. No. 698, § 4(Exh. A), 5-19-2026)

A. Ministerial approval. MUOD projects for owner-occupied and rental multifamily residential uses where at least 20 percent of the units are affordable to lower income households, as determined by Government Code § 65589.5 and defined by Health and Safety Code § 50079.5, as it may be amended from time to time, are eligible for ministerial approval. Projects that meet that affordability requirement, comply with the provisions of this chapter, and do not require any of the approvals set forth in subsection B, shall be approved ministerially and are not subject to a conditional use permit, planned unit development permit, or other discretionary local government review or approval. The director shall approve an administrative permit to construct and operate a MUOD project under this chapter if the application complies with the provisions of this chapter. MUOD projects that do not meet the 20 percent affordability requirement must follow the conditional use permit application and approval process.

B. Need for additional approvals. If an applicant requires approval of an application for a lot line adjustment, merger of parcels, or subdivision in conjunction with approval of an application pursuant to this chapter, a separate application shall proceed in accordance with Title 16, subdivisions.

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-18-2024)

The objective provisions of Article VI (use and development standards) shall apply to all MUOD projects. For exceptions to those provisions and application of additional standards, the development standards contained in this section shall also apply to all MUOD projects. In the event that the provisions of Article VI are in conflict with applicable provisions of this section, this section shall govern.

A. Building standards.

1. Residential density.

a. Density standards shall be prescribed in Table 17.47.040(1) and in this subsection.

Table 17.47.040(1) Maximum Residential Density Standards for MUOD

b. For all new development or projects that are an addition by increasing the square footage to an existing development in a MUOD overlay, a minimum of 50 percent of the total gross floor area for the proposed new mixed-use project or addition shall be dedicated to residential uses.

c. A project in the MUOD may have up to 100 percent residential use of the total floor area of a project.

2. Setbacks.

a. The applicable objective provisions of Section 17.48.030 (setbacks) shall apply with the following exceptions and additional standards as prescribed Table 17.47.040(2).

Table 17.47.040(2) Minimum and Maximum Building Setback Standards for MUOD

Table 17.47.040(2) Notes:

(1) Residential units on the ground floor shall have a minimum front and street-side setback of five feet.

(2) A minimum interior side setback shall be the same as required for a residential use on the abutting RS-district lot. In cases where abutting property is outside of the city boundary, a minimum five-foot setback shall apply.

b. Setback encroachments. In addition to the applicable exceptions provided in Section 17.48.030 (setbacks), the following setback encroachments are allowed within setbacks not more than six inches for each foot of the required setback:

i. Landscaping per subsection 17.47.040(B) of this chapter;

ii. Fences, walls, and hedges per subsection 17.47.040(B) of this chapter;

iii. Shade structures, such as awnings, trellises, canopies, or sunshades, as approved by the director;

iv. Architecturally defined building entries, such as porches, stoops, or terraces, as approved by the director;

v. For mixed-use projects only, outdoor display and sales of merchandise per subsection 17.47.040(D) of this chapter.

3. Building height.

a. The applicable objective provisions of Section 17.48.050 (building height) shall apply with the following exceptions as prescribed in Table 17.47.040(3) and in this subsection.

Table 17.47.040(3) Maximum Building Height Standards for MUOD

4. Facade modulation and articulation.

a. Facade break. Building facades with frontage along a street shall provide for the entirety of the wall plane a projection or recess of five feet in depth for every 50 to 100 feet of continuous horizonal length of building facade, as shown in Figure 17.47.040(1).

[Figure]

Figure 17.47.040(1) Facade Break

b. Blank facades. Blank building facades shall be prohibited. Building facades without the use of windows or doors shall not span a continuous horizontal length greater than 20 feet across any story, as shown in Figure 17.47.040(2).

[Figure]

Figure 17.47.040(2) Blank Facades

c. Facade modulation and articulation. Building facades facing a street shall incorporate at least one of the following design features for at least 25 percent of the facade area, as shown in Figure 17.47.040(3).

i. Building step-backs, recesses/reliefs, and/or projections of at least 2 feet in depth,

ii. Use of balconies, decks, porches, patios, and/or terraces, and/or

iii. Use of awnings, lattices, louvers, and/or other shading devices as approved by the director.

[Figure]

Figure 17.47.040(3) Facade Modulation and Articulation

5. Ground floor.

a. Ground floor building entries. Building facades with frontage along a street shall provide a minimum of one ground floor building entry per building facade. The building entry shall be visible from the street, be oriented towards the street, and provide a pedestrian walkway to the sidewalk along each abutting public right-of-way. Building entries with no frontage along a street shall be oriented towards common areas, such as courtyards, plazas, and paseos.

b. Ground floor dwelling units. Each at-grade ground floor dwelling unit facing a street shall have its own ground floor building entry that is visible from the street, oriented towards the street, and provides a pedestrian walkway to the sidewalk along the street, as shown in Figure 17.47.040.4.

[Figure]

Figure 17.47.040(4) Ground Floor Dwelling Units

c. Ground floor facade treatment. Buildings of three or more stories in height shall incorporate one of the following design features along the building facade with frontage along a street, as shown in Figure 17.47.040(5).

i. A change in facade color between the ground floor and the upper floors.

ii. A change in facade material between the ground floor and the upper floors, where the ground floor is distinguished through the application of brick, stone, concrete masonry, or other distinct material as approved by the Director.

iii. Recess or projection of the upper floors from the ground floor of at least two feet in depth.

[Figure]

Figure 17.47.040(5) Ground Floor Facade Treatment

6. Transparency.

a. Nonresidential. Each ground floor facade shall dedicate at minimum of 50 percent of the facade area to facade openings, such as windows or doors. The use of tinted, mirrored, or reflective glass is prohibited.

b. Residential. Each ground floor facade shall dedicate a minimum of 25 percent of the facade area to facade openings, such as windows or doors. The use of tinted, mirrored, or reflective glass is prohibited.

B. Open space standards.

1. Private open space.

a. Private open space standards shall be prescribed in Table 17.47.040(4) and in this subsection.

Table 17.47.040(4) Private Open Space Requirements per Unit Type for MUOD

b. Each residential unit shall provide at least one private open space that measures at least five feet in length in any direction.

c. Private open spaces shall not include any portion of required setback area, off-street parking area, driveways, turnaround areas, loading area, storage area or any accessory building.

2. Common open space.

a. Common open space requirements are prescribed in Table 17.47.040(5) and in this subsection.

Table 17.47.040(5) Common Open Space Requirements per Unit Type for MUOD

b. Any common open space shall measure at least 15 feet in length in any direction.

c. A minimum of 25 percent of the total area of common open spaces shall be landscaped per subsection 17.47.040(B) of this chapter.

d. A minimum of one tree for every 500 square feet of outdoor common open space area shall be provided within the common open space.

e. Common open spaces shall not include any portion of required street setback area, off-street parking area, driveways, turnaround areas, loading area, or storage area.

3. Landscaping.

a. The applicable objective provisions for landscaping of Chapter 15.34 (water efficient landscaping) shall apply.

4. Fences, walls, and hedges.

a. The applicable objective provisions for fences, walls, and hedges of Section 17.76.30 (fences, walls, and hedges) shall apply.

C. Parking standards.

1. Applicability.

a. The applicable objective provisions for parking per Chapter 17.50 (nonresidential parking and loading standards) shall apply to both residential and mixed-use projects in the MUOD with the following exceptions to those provisions and application additional standards in this subsection.

2. Minimum parking.

a. Minimum parking requirements are prescribed in Table 17.47.040(6) and in this subsection.

Table 17.47.040(6) Off-Street Parking Requirements for MUOD Residential Uses

Table 17.47.040(6) Notes:

(1) Guest residential parking may be shared with commercial parking in mixed-use projects subject to Section 17.50.030 (joint use and common parking facilities).

3. Parking reduction in proximity to transit.

a. Pursuant to Government Code § 65863.2, the required off-street vehicular parking may be waived for certain projects within one-half mile distance of public transit, as applicable.

4. Unbundled parking.

a. For dwelling units included in MUOD projects, vehicular parking spaces shall be leased or sold separately from dwelling unit rental or purchase fees, such that renters or buyers have the option of renting or buying the dwelling unit at a lower price than if the parking space was included. In addition, the following shall apply:

i. For deed-restricted affordable dwelling units, one parking space shall be included in the base rent of each unit. The tenant may choose to receive the parking space or receive a rent discount equivalent to half the amount charged for monthly lease of a parking space. Tenants of affordable dwelling units shall not sublease their parking spaces.

ii. Renters or buyers have the right of first refusal to parking built for their unit. Any remaining spaces may be leased to other users on a month-to-month basis. New occupants shall have the opportunity to lease or purchase parking built for their unit.

5. Screening.

a. Screening. All parking areas, including at-grade surface parking and above-grade structured parking, facing a street or abutting a residential use shall be screened by landscaping, buildings, or other screening treatments, such as fencing or green wall, as approved by the director, so as not to be visible from the street or other uses on the site. Entry/exit openings, driveways, drive aisles, curb cuts, and access lanes for vehicular, fire, utilities, and pedestrian access are exempt from screening.

b. Surface parking. At-grade surface parking shall be prohibited within the street setback, such that parking is located to the rear of the parcel or behind buildings.

c. Below-grade structured parking. Below-grade structured parking shall be exempt from street setback requirements.

D. Site standards.

1. Lot.

a. The applicable objective provisions for lots of Section 17.48.020 (lot area and dimensions) shall apply.

2. Access and circulation.

a. In order of priority and subject to approval by the director and the city's traffic engineer, vehicular access shall be provided from (a) an alley, rear street, or perimeter drive aisle, (b) a side street, (c) an existing or relocated access point on a front street, and (d) a new access point on a front street.

3. Slope and grading.

a. The applicable objective provisions for slope and grading shall apply.

i. Section 17.48.060 (extreme slope);

ii. Section 17.76.040 (grading permit);

iii. Section 17.76.060 (extreme slope permit); and

iv. Section 17.76.130 (geologic investigation permit).

4. Intersection visibility.

a. The applicable objective provisions for intersection visibility of Section 17.48.070 (intersection visibility) shall apply.

5. Exterior lighting.

a. The applicable objective provisions for exterior lighting of Chapter 17.56 (environmental protection) shall apply.

6. Underground utilities.

a. The applicable objective provisions for underground utilities of Section 17.54.020 (underground utilities) shall apply.

7. Trash and recycling.

a. The applicable objective provisions for trash and recycling of Section 17.54.030 (trash receptacle enclosures) and Section 17.58.030 (requirements and guidelines for collecting and loading of recyclable materials in development projects) shall apply.

8. Mechanical equipment, storage areas, and loading docks.

a. The applicable objective provisions for mechanical equipment, storage areas, and loading docks of Section 17.54.040 (screening of mechanical equipment, storage areas, and loading docks) shall apply.

9. Signs.

a. The applicable objective provisions for signs of Chapter 17.75 (sign code) shall apply.

10. Outdoor display and sales of merchandise.

a. For mixed-use projects only, The applicable objective provisions of Chapter 17.62 (special use permits) for the temporary outdoor display and sale of merchandise shall apply.

11. Dedications, ROW improvements, and off-site improvements.

a. The applicable objective provisions of Chapter 17.52 (dedications, right-of-way improvements, and off-site improvements) shall apply.

12. Development projects greater than three acres.

a. Development projects, whether on one parcel or across multiple adjoining parcels, with a total developable area of three acres or more shall provide the following:

i. Pedestrian accessways, such as walkways, and vehicular accessways with pedestrian access, such as sidewalks, that provide access to public rights-of-way shall be provided for approximately every two acres of developable area. Parking areas, passenger drop-off areas, loading zones, and trash storage areas shall not count as pedestrian accessways.

ii. A publicly accessible open space, defined as a privately owned space that is open and accessible to the public, such as a plaza or park, shall be provided for approximately every three acres of developable area per the following:

iii. Publicly accessible open spaces shall have a minimum area of 400 square feet with a minimum dimension of 20 feet in each direction.

iv. Publicly accessible open spaces shall be accessible to the general public and open at a minimum from 8:00 a.m. to 8:00 p.m.

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-18-2024; Ord. No. 697U, § 5(Exh. A), 3-3-2026; Ord. No. 698, § 4(Exh. A), 5-19-2026)

For properties not currently included in the MUOD, the following provisions apply:

A. A request for a MUOD designation may be initiated by an application by a property owner made in accordance with the procedures identified in Chapter 17.68 (zone changes and code amendments).

B. Application of the overlay district shall be consistent with the objectives of this chapter, the zoning ordinance, and general plan should be reasonably compatible with surrounding land uses, and promote the general health, safety and welfare.

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-18-2024)

A. Allowed uses and permit requirements in the MUOD are listed in Table 17.47.050(1).

B. A definition of each land use is listed in Chapter 17.96 (definitions).

C. Uses not listed in Table 17.47.050(1) are not allowed and subject to Section 17.86.030 (prohibited uses).

D. All nonconforming uses are subject to Chapter 17.84 (nonconformities).

Key

Table 17.47.050(1) Allowed Uses and Permit Requirements in MUOD

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-18-2024; Ord. No. 697U, § 5(Exh. A), 3-3-2026; Ord. No. 698, § 4(Exh. A), 5-19-2026)