Chapter 17.58 — MIXED USE (MU) OVERLAY ZONE

• A. Purpose. The Mixed Use (MU) overlay zone, in combination with any other zone, requires a mix of residential and nonresidential uses on the same site where mixed-use development would otherwise be at the discretion of the property owner. The primary purpose of the MU overlay zone is to provide a means for the City to identify areas where the public health, safety, and welfare will be enhanced by requiring that all allowed development be in the form of mixed-use projects, where ground-floor street frontages are occupied by retail, business, or personal services uses and residential uses are located above or to the rear of a site. The MU overlay zone is intended to promote a compact city, to provide additional housing opportunities—including affordable housing opportunities— which is the first priority, and to reduce vehicle travel by providing services, jobs, and housing in proximity. The City desires the safety provided by having residential components in commercial areas.

B. Application.

1. General. The requirements of this Chapter shall apply to all new construction projects, but shall not apply to additions to existing buildings, expansion of an existing use, or change of use.

2. Initiation. Application of the MU overlay zone may be initiated by the Council or Planning Commission to ensure that mixed residential and commercial uses will be included when certain parcels are developed or redeveloped, or by a property owner.

Each land use proposed on a site subject to the MU overlay zone shall be authorized in compliance with the permit requirements of Section 17. 221 0. 012 0 (Use Regulations By Zon es allowed by zones) that apply to the underlying zone, except that new mixed-use projects that the Director determines are consistent with the standards of this Section shall not require a Minor or Conditional Use permit for mixed uses.

Property development standards shall be those of the underlying zone, except that the application of the MU overlay zone to a property may include establishing a higher height limit than the underlying zone to more effectively accommodate the residential component of a mixed-use project. Any such request for a higher height limit shall be set forth in the subject application and shall be reviewed by the applicable review authority as part of the overall application. Proposed development and new land uses shall also comply with all applicable provisions of Section 17. 08. 70.13 0072 (Mixed- u Use Development s ).

• A. Ordinance Contents. An ordinance adopting a MU overlay zone shall specify the following items and may include any other standard that would further the purpose and intent of this Chapter:

  1. The types of uses which are required or allowed to be combined;

  2. Any standards for the uses locations or their relationships to each other; and/or

  3. Any issues specific to the site or the intended combination of uses which must be resolved by the design of the project.

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CITY OF SAN LUIS OBISPO ZONING REGULATIONS – TITLE 17