Article 21 — MIXED-USE ZONES

Mixed-use zones are intended to provide for a wide range of development that contains a mix of functions, including commercial, office, services, and housing. The purposes of the individual mixed-use zones and the manner in which they are applied are as follows:

A. MU-1 (Mixed-Use 1) zone. The MU-1 zone applies to areas appropriate for commercial and high density attached dwelling units, including apartments. The allowable residential density ranges from twenty-five (25) to thirty (30) dwelling units per acre. The MU-1 zone is consistent with the Mixed-Use 1 land use designations of the General Plan.

B. MU-2 (Mixed-Use 2) zone. The MU-2 zone applies to areas appropriate for commercial and higher density attached dwelling units, including apartments. The allowable residential density ranges from thirty (30) to forty (40) dwelling units per acre. The MU-2 zone is consistent with the Mixed-Use 2 land use designations of the General Plan. (Ord. O-24-1415, 11-20-2024)

Table 1 identifies the uses of land allowed in each mixed-use zone and the zonings approval required to establish each use, whereas P is a permitted use, CUP requires a conditional use permit pursuant to the provisions of article 07 of this chapter, and is a prohibited use. Uses not specified in Table 1 are prohibited.

Table 1: Uses Permitted in Mixed-Use Zones

(Ord. O-24-1415, 11-20-2024)

This section establishes development standards and objective design standards for mixed-use developments that are intended to achieve and maintain high-quality site planning and building design and development and in a manner that conforms to community priorities. The development standards and objective design standards draw from and complement existing design and development criteria set forth in land policy and design documents adopted by the city, including the general plan.

Articles 1 through 23 of Chapter XXIII of the code of ordinances establish the City's zoning regulations. Where conflict between these standards and other provisions of Chapter XXIII exists, the provisions of this section shall govern. (Ord. O-24-1415, 11-20-2024)

The terms used in this section shall have the following meanings. Where conflict between these definitions and the definitions of article 01 exists, the definitions of this section shall apply.

WALKWAY: Any passageway constructed with pavers, concrete, or large flagstone intended for pedestrian travel. (Ord. O-24-1415, 11-20-2024)

A. Development within the mixed-use zones must include residential uses at a minimum density established for the respective zone.

B. The maximum Floor Area Ratio (FAR) for commercial uses in mixed-use zones shall be 0.50. (Ord. O-24-1415, 11-20-2024)

A. General requirements. Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2, in addition to the general development standards for mixed-use development established in section 23.21.03.04. Table 2: Standards for Mixed-Use Development in Mixed-Use Zones

• (Ord. O-24-1415, 11-20-2024)

The general development standards set forth in this subsection apply to all mixed-use development projects in the City's Mixed-Use Zones, with the exception of single-room occupancy developments, which are set forth in section 23.20.05.

• A. Site Planning and Orientation.

1. Street Frontage Elements.

a. At sidewalk level, non-residential buildings shall be primarily transparent (i.e., windows). At least fifty percent (50%) of the area of the non-residential building frontage facing a public right-of-way shall be devoted to pedestrian-oriented features (e.g., storefronts, pedestrian entrances to nonresidential uses; or transparent display windows).

b. At sidewalk level, residential buildings within ten feet (10') of a public right-of way, shall have unit front entries oriented to face the pubic right-of-way. For units that do not abut a public right-of-way, provide a clearly identifiable pedestrian path of entry to the units from the public right-of-way.

c. At sidewalk level, blank walls without windows, doors, or other articulation are strongly discouraged. The maximum length of any blank wall shall be limited to twenty feet (20').

d. Buildings on corner lots shall be oriented toward the primary intersection and the primary and secondary street frontages, while parking and auto access shall be located away from the primary intersection corners.

2. Entrances.

• a. Primary building entrances shall be visible from the adjoining public right-of-way.

b. The primary entrances of buildings shall be identified and highlighted through signage and contain

architectural monumentation framing the entry to include at least one of the following: trellis columns, archway, gate, or wall.

c. All building entrances shall be well-lit. Light fixtures shall be architecturally compatible with the building design.

d. When nonresidential and residential uses are located in a vertical mixed-use structure, separate pedestrian entrances shall be provided for each use.

e. The pedestrian entrance to residential portions of the building shall be accessed through a street level lobby, architecturally integrated entry corridor, from an adjacent alley, or from an internal parking area.

f. Street-abutting residential common building entrances and street-abutting individual residential unit entrances shall have transitions from the street consisting of stoops, porches, or other covered front entries with a minimum

recess or projection area of forty-eight (48) square feet.

• g. Building and unit entryways shall provide all of the following:

• (1) Unit number identification;

• (2) Lighting shielded downward and directed away from other residences;

• (3) Landing area of at least four feet by four feet (4' x 4') in size;

• h. Continuity in entry design between units to include at least two (2) of the following elements:

• (1) Doors to match between all units onsite.

• (2) Doors recessed at least three inches (3") from the building façade or doors recessed at least two feet (2') from the building façade to create a covered porch or landing area.

• (3) Awning of at least one foot (1').

• (4) Doors with window.

• (5) Paving material, pattern, or color that is differentiated from the pedestrian pathway.

• i. Street entryway accentuation by a minimum of one (1) of the following:

• (1) Change in roof pitch or form, such as a gable, that extends a minimum of one foot (1') past the sides of the door jamb.

• (2) Increase in roof height of at least one foot (1') to accentuate the entry.

• (3) Wood, stone, tile, or brick accent materials covering a minimum of thirty percent (30%) of the entryway wall surface area, inclusive of windows and doors.

• j. Setback continuity. Notwithstanding the front and side yard setback standards established in this section, the

front and side yard setbacks of a new building shall either be the same as existing adjacent structures or vary no more than five feet (5') from the established front or side setback of adjacent existing structures.

• B. Circulation, Vehicular, and Pedestrian.

1. Vehicular Circulation.

• a. Vehicular access shall be provided through the alley when present. For lots without an alley, vehicular access shall be provided from the secondary street.

b. For lots without a secondary street frontage and without alley access, vehicular access may be permitted

from the primary street. In this case, reciprocal or shared access between property owners is encouraged to decrease the number of driveways taking access from the primary street frontage.

c. Unless otherwise specified in the fire code, driveways shall be at least twenty feet (20') wide for two-way traffic and ten feet (10') wide for one-way traffic and maintain a vertical clearance of at least ten feet (10').

d. No more than one driveway for every one hundred feet (100') of street frontage shall be provided for each parcel.

e. Parking areas shall be internally connected for vehicular purposes and shall use shared driveways within the development.

f. Where required for public safety, appropriate entrance, exit, and directional signs shall be posted at the driveways and parking areas and maintained by the property owner.

• g. Fire lanes shall be adequately marked and patrolled to prevent parking and other obstructions.

2. Pedestrian Circulation.

a. All structures, facilities, parking areas, amenities, common areas and open space areas within a development

shall be internally connected by pedestrian pathways. Such pathways shall connect the development to the public sidewalk along each street frontage, and to adjoining residential, commercial and public uses. Pedestrian pathways shall be ADA-compliant.

b. Pedestrian entrances and walkways shall be clearly identified through paving pursuant to section 23.21.03.04

N.2. and landscaping, and be separated by a physical barrier consisting of either a raised planting strip a minimum of

three feet (3') wide or grade separation of at least six inches (6") from vehicle access areas.

c. Enhanced or textured paving pursuant to section 23.21.03.04 N.2 shall be included where pedestrian crossing occurs in parking areas.

d. Vehicular driveways with access to the public right of way shall have sidewalks and pedestrian connections on both sides of driveway.

• C. Parking.

1. Permitted parking facilities include parking lots, on-grade or underground parking structures, and bicycle parking.

a. Carports may be used if sufficiently shielded from view from the public right-of-way. Carport shall be a permanent roofed structure that covers a minimum of two (2) contiguous parking stalls, built for the purpose of sheltering automobiles and/or supporting solar photovoltaic panels. A carport does not include any temporary or nonpermanent structure. There can be no enclosed use above a carport.

2. Parking Lots.

• a. Parking spaces shall be separated from buildings by a pedestrian sidewalk (minimum four feet (4')) and a landscape strip (minimum six feet (6')), measured from curb face, when in the right of way.

• b. Parking lots shall be located at the rear or interior of the block and shall not be located between the sidewalk and the building frontage facing the public right of way.

• c. Parking lots for developments with more than forty (40) residential units may provide a series of connected smaller parking lots of no more than seventy-five (75) spaces in lieu of a single parking area.

3. Parking Structures.

a. On-grade parking structure walls facing a public right-of-way and any other parking structure walls greater than twenty-five feet (25') in length shall include design features consisting of textured surfaces, articulation, and/or landscaping covering a minimum of fifty percent (50%) of the wall surface area at full growth. The design of all parking structure walls shall include the same materials, colors, and surfaces as other buildings associated with the development. For the purposes of this subsection, articulation includes faux windows, arches, grillwork, building offsets, and stone/tile building materials.

• b. Below-grade parking structures shall be screened from the street by landscaping, berming, low walls or fences, or buildings.

c. Gated, fenced, or underground parking facilities, and gated exterior stairwells, shall incorporate access control technology (e.g., access card or key). In cases where all units.

4. Bicycle Parking.

a. Short-term bicycle parking shall be provided in the form of an inverted "U" shape facility or other design as approved by the Community Development Director. Bicycle parking shall not be separated from building entrances by a road, parking area or structure.

b. If provided, long-term bicycle parking shall be provided on-site in a secure, enclosed structure, or in a secured location within a parking structure.

4. Parking facilities shall be located within five hundred feet (500') of building entrances.

5. General requirements established in section 23.10.05 A and section 23.10.05 B shall apply.

• D. Open Space and Common Areas.

1. Outdoor areas. Landscaping shall be located in all outdoor areas that are not specifically used for parking, driveways, pathways, walkways, patios, or other outdoor amenities described below.

2. Gathering space. Projects of more than ten (10) units shall feature a gathering space with a structure that permits group activities such as shared meals with reasonable amenities provided such as a kitchen, patio, or BBQ area, in addition to an outdoor passive recreation amenity which may include a community garden, outdoor seating

area, or multipurpose lawn. At least fifteen percent (15%) of the total gross development area shall be provided for gathering spaces, up to a maximum required area of twenty thousand (20,000) square feet.

• E. Roof Treatments.

1. Roof variation.

• a. Flat and low slope roof: Roof height shall be varied with a minimum of a two-foot (2') to maximum four-foot (4') vertical difference between a minimum thirty feet (30') and a maximum fifty feet (50') horizontally.

Figure 1 - Flat roof variation

• b. Pitched roof: For a roof structure that extends more than fifty feet (50') along any building wall, the roof line shall vary by incorporating variation in roof form, in either orientation, pitch or height.

2. Roof overhangs. Overhangs shall not exceed twenty-four inches (24") into the yard setbacks.

Figure 2 - Roof overhang.

3. Exterior roof ladders. Exterior roof ladders shall be prohibited. Roof access shall only be provided from the building interior.

4. Roof materials, colors and applications. Notwithstanding sections 23.20.03.03 K.2 and 23.20.03.03 L.2, projects shall comply with all applicable objective standards in the Pre-Approved Roof Materials, Colors, and Application list adopted by City Council Resolution No. R-10-11, or as may be later amended.

• F. Building Facades.

1. Architectural Articulation. All building façades facing a public right-of-way shall be articulated so that no wall segment shall run more than thirty feet (30'). Articulation shall consist of at least one of the major breaks and two (2) of the minor breaks listed below:

• a. Major.

• (1) A change in building materials and colors so that the building mass appears to be made up of multiple buildings;

• (2) Architectural features pursuant to section 23.01.01 that are at least four feet (4') wide and extend a minimum of one (1) floor in height;

• (3) Exterior arcades or other ground floor building recesses that provide sheltered walkways within the building footprint with a minimum width of four feet (4');

• (4) Notwithstanding the front and side yard setbacks established in Table 2, varied residential unit setbacks within the same structure of a minimum four feet (4'); or

• (5) Recessed or projected covered entries with a minimum of twenty-four (24) square feet.

• b. Minor.

• (1) Variations in wall plane (projection or recess) by a minimum of two feet (2') in depth for at least thirty percent (30%) of the façade;

Figure 3 - Minor articulation- wall plane recess.

• (2) Vertical pilasters that protrude a minimum of one foot (1') from the wall surface and extend the full height of the structure;

• (3) Porches, patios, or stoops;

• (4) Lower wall wainscots, or built-up or recessed reveals, trims and other projections along different levels of wall surface;

• (5) Cantilevers; or

• (6) Bay windows.

2. Floor variation. Buildings of two or more stories and wider than thirty feet (30') shall be designed to differentiate the ground floor and upper floor(s) through at least one of the following techniques:

• a. Changes in wall planes that protrude and/or recess with a minimum dimension of four feet (4') for a minimum seventy percent (70%) of the façade length;

• b. Balconies with a minimum of two feet (2') in depth for a minimum twenty-five percent (25%) of the façade length;

c. Horizontal and/or vertical recesses or projections of more than four inches (4") depth using shading and weather protection devices, decorative architectural details or a pattern or grouping of windows, panels or bay windows;

• d. At least two (2) sizes, proportions or patterns of fenestration; and

• e. At least two (2) sizes, textures, patterns or colors of façade material.

3. Detail articulation. Details, such as trim, shutters, and posts shall be articulated by the use of color and/or texture.

4. Unit types. Each unit type shall have the following minimum floor area:

• a. Single room occupancy: one hundred and fifty (150) square feet;

• b. Efficiency apartment: four hundred and fifty (450) square feet;

• c. One (1) bedroom unit: seven hundred and fifty (750) square feet; and

• d. Two or more (2+) bedroom unit: nine hundred and fifty (950) square feet.

5. Vertical elements. The vertical emphasis of architectural design elements shall be minimized by the use of a minimum of three (3) of the following approaches:

• a. Incorporating horizontal bands, reveals, trims, and overhangs along different levels of the wall surface;

• b. Limiting columns or pilasters to a maximum of one-story height;

• c. Limiting tower elements to one per building, and no more than two (2) stories in height;

• d. Varying the spacing and distribution of architectural elements and details along building façades; and

• e. Limiting entry treatments to the first story of the building.

6. Façade length. Building façades shall be no longer than one hundred and twenty-five feet (125'). Building

façades shall be divided into shorter modules a maximum of thirty feet (30') in width to give the appearance of an assemblage of smaller structures, with each of the units individually recognizable through employment of approaches listed in sections 23.20.03.03 F.1, 23.20.03.03 F.2 and 23.20.03.03 F.6 above.

Figure 5 - Building façade modules.

7. End units. End units shall include a minimum of fifteen percent (15%) fenestration area on their side elevations.

• G. Windows, Doors, and Balconies.

1. Horizontal window bands. Horizontal window bands over forty feet (40') in length shall be prohibited.

2. Street-facing windows. Windows shall be provided facing a public street for all units adjacent to the street to break up building mass.

3. Bay windows. Bay windows, if provided, shall project at least two feet (2'), but no more than three feet (3') from the façade.

4. Security bars. Security bars are prohibited.

5. Double glazed windows. At a minimum, windows shall be double glazed, consistent with energy code requirements.

6. Operable windows. Operable windows shall have screens.

7. Window frames. Raw or clear anodized aluminum window frames are prohibited.

8. Window materials. Window materials shall comply with all applicable objective standards of the City's PreApproved Window Material List.

9. Window and door trim. Windows and doors shall either be trimmed or recessed. When trimmed, the trim material shall not be less than three and one-half inches (3.5") in width by three-quarter inch in depth when protruding from the wall. Foam trim is prohibited on the ground floor. When recessed, the building primary siding material shall cover the recessed edge faces and wrap toward the interior face of the window or door glazing by at least three inches (3") in depth.

10. Unit front door entryways. Exterior entrances at individual residential unit entries shall have weather protection by providing a minimum of one of the following treatments:

• a. Porch roofs;

• b. Overhangs;

• c. Awnings;

• d. Trellises; and

• f. Canopies.

11. Residential front doors. Knockers or door bells, and safety and security viewers, shall be provided on all residential front entrance doors.

• H. Garage Doors.

1. Garage door placement. For projects of more than two (2) residential units, garage doors shall not face a public street, but be oriented toward an alley or private street or driveway internal to the project.

2. Garage door treatments. Garage doors shall be recessed a minimum of six inches (2") from the surrounding building wall, and shall include a trim of a minimum of one and one-half inches (1.5") in depth. Garage doors shall also include at least one of the following detail treatments, to be consistent throughout all garage door design in the building:

• a. Windows;

• b. Paneled surface;

• c. Minimum of two (2) colors; and

• d. Minimum of two (2) textured surfaces.

I. Stairwells. Exterior stairwells. Exterior stairwells shall be designed as an integral part of the project's architecture by incorporating solid wall portions, columns, and/or a decorative balustrade. Stairwells shall not be oriented towards a public street, but shall face interior spaces such as plazas, gathering areas, parking areas and walkways and pathways shall not be separated from these areas by landscaping, fences or walls taller than three feet (3'). The design shall be of the same materials, color and detail of the building. Open metal and pre-fabricated stairwells are prohibited.

• J. Adjacent Buildings.

1. Residential adjacencies. The side and rear walls of any building within fifteen feet (15') of a required setback, or within fifteen feet (15') of a lot line where a setback is not required, shall be a maximum of fifteen feet (15') higher than an existing residential building on a directly adjacent property, or the exterior wall plane of each floor above the ground floor shall be stepped back by a minimum of eight feet (8') from the floor building plane just below along the full façade.

Figure 6 - Multi-story buildings adjacent to residential structures.

• K. Materials.

1. Exterior façade materials. The following materials are permitted, shall be maintained for exterior façades, and can be used in relation to their designation of primary, secondary, and accent. Materials listed as prohibited or omitted altogether are not permitted. At least two (2) materials shall be used on any building façade, in addition to glazing,

railings and trim. A primary material shall constitute a minimum of sixty percent (60%) of any building façade, excluding windows and railings. Buildings with false façades or false fronts, exclusive of parapets used to shield rooftop equipment, are prohibited.

2. Roofing material. Where not indicated otherwise in section 23.20.03.03 E.4, each structure shall have and maintain a roof constructed of wood shake, shingle, asphalt, composition, fiber cement, or tile (slate, concrete or clay). Metal roofing and roofing of a glossy or reflective surface are prohibited.

3. Material transitions. Material transitions along any façade shall only occur on the inside corner of plane change. When material changes occurs in the same plane, trims, cornices, or other architectural elements shall be used to create a corner for material transition.

• L. Colors.

1. The number of colors appearing on the entire building exterior, excluding the roof, shall be a minimum of two

(2) and a maximum of four (4) colors (or tones of the same color), including trim and accent colors. The selection of

colors shall be the same among multiple buildings within a project. Changes in color due to a change in building material are not considered an additional color. Stone materials shall not be painted.

2. Roof color treatment. Notwithstanding section 23.20.03.03 E.4., the colors of natural roofing materials, such as barrel tiles and slate, shall be left natural and not be altered by staining or painting. Colors of synthetic roofing materials shall simulate natural materials. The blending of more than two (2) colors on a roof is prohibited.

M. Landscaping. The following landscape design standards are in addition to the landscape standards in section 23.16.

1. Parking lots shall include a continuous six inch (6") concrete curbs to be provided at wheel stops where parking adjoins landscaping.

2. Native plants. New plant material in landscaped areas shall include at least twenty-five percent (25%) native plant species selected from those listed by the California Native Plant Society in the Calscape website specific to the Western San Gabriel Valley. Existing plant material, if preserved, shall not be subject to this requirement.

3. Drought tolerant plants. Notwithstanding section 23.16, at least fifty percent (50%) of new plant material in landscaped areas shall be low-water use plants. Plant selection shall reflect water conservation through the use and grouping of plants that are well adapted to the particular site and require similar water needs (same hydrozones), and climatic, geological and topographical conditions. Existing plant material, if preserved, shall not be subject to this requirement.

4. Areas to be landscaped. Landscaping shall be provided in all outdoor areas that are not specifically used for parking, driveways, walkways, patios, or other required amenities. Landscaping materials shall not be located such that at maturity they obstruct pedestrian paths and vehicular access along the public right-of-way, private streets, and private driveways. Landscaping adjacent to pedestrian and vehicular paths shall either be raised planting surfaces or separated by a minimum six-inch (6") concrete curb.

5. Trees, shrubs and groundcover. New trees shall consist of both evergreen and deciduous varieties, the distribution of which shall be the applicant's choice providing that no more than percent of trees shall be deciduous. Existing trees, if preserved, shall not be subject to this requirement. At least five (5') different species of shrubs and groundcover shall be used in planter areas.

6. Use of lawn. Notwithstanding the California State Model Water Efficient Landscape Ordinance, and section 23.16, the maximum area permitted for lawn shall be sixty percent (60%) of the total landscaped area on site. Lawn shall not be used in planting strips narrower than five feet (5') wide, and slopes over fifteen percent (15%) to ensure adequate irrigation.

7. Water Efficient Landscaping. New irrigation systems outlined in landscape and irrigation plans subject to the California State Model Water Efficient Landscape Ordinance shall conform to the requirements of such ordinance and section 23.16 to achieve water efficient landscaping.

8. Landscape architectural features. Landscape architectural features as defined in section 23.01.01, such as pilasters, walls, pergolas and trellises shall match the colors and materials of the closest buildings on-site. N. Pavement.

9. Type of Pavement. Asphalt is permitted, except in areas where pavement is visible from the public right-ofway.

10. Pedestrian paving. Pedestrian walkway materials shall consist of stamped or scored concrete, interlocking unit pavers, tiles, bricks, or stone, and shall also be used to delineate crossings at circulation drives and parking aisles. 3. Driveway entry treatment. The first twenty feet (20') of a vehicular driveway entry shall be composed of at least one of the following treatments and shall be provided for the full width of the driveway: pavers, stamped or scored concrete, stone, brick, exposed aggregate.

11. Paved areas in yard setbacks. Paved areas shall not exceed fifty percent (50%) of the required front or street side yard setback area.

• O. Refuse Collection Areas.

1. Screening. Trash, green waste, organic waste, and recycling collection areas shall be screened from public view.

2. Design. Enclosures shall be designed with the same primary wall materials and colors as the nearest building within the development. Enclosures shall be either opaque fencing or walls, and include an opaque gate. Corrugated metal, plastic, and chain link fencing with or without wooden/plastic slats, is prohibited. Enclosure dimensions shall conform to solid waste provider dimensions.

3. Proximity to residences. Enclosures shall not be located within twenty feet (20') of any adjacent property zoned for or occupied with residential use, and from any pedestrian path or vehicle driveway. Enclosures shall be located no more than one hundred feet (100') from a residential unit.

4. Enclosure buffers. Enclosures shall be buffered from adjacent parking with a minimum six-foot (6') wide landscape planter on all sides except the enclosure access or gate, or trellised vines on at least one side.

5. Lighting. Lighting of enclosures shall be provided for night-time security and use, and shall conform to section 23.20.03.03 R.

6. Access. Access to the enclosure shall conform to solid waste provider requirements.

• P. Utility and Mechanical Equipment.

1. Roof screening. Roof-mounted mechanical units shall be fully screened from view from adjacent public rightsof-way, and incorporated into the roof design through increased slope, screening or enclosures. Screening and enclosures shall match the materials, colors and style of the building architecture. New roof-mounted or installed air conditioner units are prohibited. Replacement of existing, legal roof-mounted air conditioner units with new units of the same dimensions of the original units are permitted.

2. Equipment in open space areas. Utility and mechanical equipment shall not be located within any required open space area.

3. Ground-mounted. Ground-mounted mechanical, electrical, and utility equipment shall be screened or hidden from view of the public street.

4. All vents, gutters and downspouts, louvers, and exposed flashing shall be concealed within the wall or roof, or, if exposed, shall be metal painted. Plastic material is prohibited.

• Q. Mailbox Locations. Mailboxes shall be placed either at an on-site location adjacent to or incorporated into a common area for all residents, or at individual units.

• R. Exterior Lighting.

1. Lighted areas. All pedestrian pathways, vehicle parking areas, bicycle parking areas, structure entries, trash enclosures, and landscaped areas, and common open space areas shall be illuminated for safety and security.

2. Fixture orientation. No outdoor lighting shall be permitted where the light source is directed toward, or results in direct illumination of, a parcel(s) other than that upon which such light source is physically located. Accent lighting of buildings, trees or other landscape features may be permitted, provided the lighting only accentuates those individual features, and not an entire structure or landscaped area. Accent lighting shall be directed onto the building façade or tree, and all lighting fixtures shall be fully shielded and mounted as close as possible to the architectural feature of the building or tree being illuminated. Uplighting and flood lighting is prohibited.

3. Illumination limits. No one fixture or luminaire shall exceed one thousand six hundred (1,600) lumens, however accent lighting shall not exceed eight hundred (800) lumens.

4. Correlated color temperature. For outdoor lighting, the maximum correlated color temperature (CCT) for each luminaire shall not exceed four thousand degrees Kelvin (4,000°K). Outdoor lights that exceed four thousand degrees

Kelvin (4,000°K), commonly referred to as cool color temperatures, are prohibited.

5. Fixture height. No outdoor lighting shall be permitted where the light source or fixture, if located on a building, is above the eave line. If the light source or fixture is located on a building with no eaves, the light source or fixture shall not be more than ten feet (10') above existing grade, adjacent to the building or pole. Free-standing light standards for pedestrian and parking lot lighting shall be a maximum of fourteen feet (14') high, including the pole and light fixture. The light fixture, separate from the light pole, shall not be more than two feet (2') in height.

building with no eaves, the light source or fixture shall not be more than ten feet (10') above existing grade, adjacent to the building or pole. Free-standing light standards for pedestrian and parking lot lighting shall be a maximum of fourteen feet (14') high, including the pole and light fixture. The light fixture, separate from the light pole, shall not be more than two feet (2') in height.

6. Light trespass. The maximum illumination level at the project site property line shall be no more than a 0.07 foot as measured at grade. Light trespass that results in glare to neighboring properties or public/private streets is prohibited unless the director determines that there is no other alternative to provide such security lighting required by the California Building Code, or approves the use of alarm or motion-activated security lighting. For the purposes of this section, "glare" means stray, unshielded lighting striking the eye that results in discomfort, such as bright light causing squinting of the eyes; and/or disabling glare, such as bright light that reduces the ability to drive or see into shadows.

7. Fixture types. All light fixtures, including pole-mounted and wall-mounted light fixtures, shall be fully shielded so that the light bulb is invisible from the adjacent neighbors or streets. Light fixtures shall be "cut-off" where lenses, refractors or lamp sources do not extend below the surface of the fixture housing, and no light shall be directed at or above the lowest horizontal plane of the light fixture. Louvered light fixtures shall not qualify as fully shielded fixtures.

8. Extinguishment of lights. With the exception of approved security lighting, or operational lighting conditions approved through a conditional use permit, all exterior lighting and parking lot lighting shall be extinguished by ten o’clock (10:00) P.M.

9. Exemptions. The following outdoor lights shall be exempted from the requirements of this section:

• a. Temporary construction or emergency lighting;

• b. Exterior lighting for a permitted temporary activity; and

• c. Landscape lighting that does not require a permit from building and safety.

• S. Signage: All signage shall comply with the requirements set forth in section 23.12.01.

• T. Fences and Walls:

1. All fences and walls shall comply with the requirements set forth in section 23.13.01, section 23.13.02, and section 23.13.03. (Ord. O-24-1415, 11-20-2024)

If the proposed project cannot meet any of the foregoing development standards, the applicant may propose an alternative means of complying with the development standard. The Community Development Director or his/her designee, upon determining that the alternative achieves the intent of the development standard, may approve the alternative means of compliance in satisfaction of the development standard. (Ord. O-24-1415, 11-20-2024)

A. Application Approval: Any application for a mixed-use project that meets the objective development standards contained in this section shall be approved by the Community Development Director or his/her designee following a ministerial review for compliance, and within sixty (60) days after submission of a complete application, and shall not be subjected to the design review committee approval process established in Article 15 of this chapter. B. Submittal Requirements And Application Processing:

1. An application for a mixed-use project shall be submitted to the planning and building department concurrently with the submittal of an application for a building permit. The Director of Community Development shall prescribe the form of application, documents to be submitted and the type of information to be provided by the applicant.

2. The Director of Community Development or his/her designee shall issue a building permit if the application conforms to the specific standards set forth in this section.

3. An application that does not conform to the specific standards set forth in this section, including the development standards set forth in this section shall not be approved ministerially but shall require design review, a conditional use permit, or variance, as applicable. (Ord. O-24-1415, 11-20-2024)

A. All sites within the MU-1 and MU-2 Zones shall comply, where applicable, with the by-right requirements of Government Code section 65583.2 established in article 23.

B. Sites listed as lower-income sites in the adopted housing element site inventory shall comply with the by-right requirements of Government Code section 65583.2(h) and (i), including:

1. Permit owner-occupied and rental multi-family uses by-right for developments in which twenty percent (20%) or more of the units are affordable to lower-income households;

2. Accommodate a minimum of sixteen (16) units per site;

3. Require a minimum density of twenty (20) units per acre;

4. Allow one hundred percent (100%) residential use in the MU zone; and

5. Require at least fifty percent (50%) of the floor area to be for residential uses. (Ord. O-24-1415, 11-20-2024)

ARTICLE 22 DENSITY BONUS LAW

This Article is intended to implement the State Density Bonus Law in accordance with California Government Code Sections 65915 - 65918. The purpose of this Article is to provide density bonuses, incentives and concessions, requested waivers, and parking reductions for the production of housing for very low-, low-, and moderate-income households, senior households, and other housing types as provided by state law. (Ord. O-24-1415, 11-20-2024)

A. An applicant for a "housing development" as defined in State Density Bonus Law shall be eligible for a density bonus and other regulatory benefits that are provided by State Density Bonus Law when the applicant seeks and agrees to provide housing as specified in Government Code Section 65915(b), (c), (f), (g), (h) and (v), or in Government Code Section 65195.5, or successor provisions. The density bonus calculations shall be made in accordance with State Density Bonus Law.

B. The granting of a density bonus, incentive, or concession, pursuant to this chapter, shall not be interpreted, in and of itself, to require a general plan amendment, development code amendment, zone change, other discretionary approval, or the waiver of a City ordinance or provisions of a City ordinance unrelated to development standards. C. All requests for density bonuses, incentives, and concessions for a housing development shall be filed with and on a form provided by the Community Development Director, or their designee, concurrently with the filing of the planning application for the first discretionary or ministerial permit required for the housing development, whichever permit is earliest. The applicant shall be informed whether the application is complete consistent with Government Code Section 65943.

D. The application shall include the required fee and the following minimum information:

1. For a requested density bonus.

a. Summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.

b. Subparagraph of Government Code Section 65915(b)(1) under which the housing development qualifies for a density bonus and reasonable documentation demonstrating that the housing development is eligible for a bonus under that subparagraph.

c. Where the housing development is seeking an additional bonus, the subparagraph of Government Code Section 65915(v)(1) under which the housing development qualifies for an additional density bonus and reasonable documentation demonstrating that the housing development is eligible for the additional bonus under that subparagraph.

d. A tentative map or preliminary site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed affordable units and density bonus units.

e. The zoning and general plan designations and assessor's parcel number(s) of the housing development site. f. A description of all dwelling units existing on the site in the five (5)-year period preceding the date of submittal of the application and identification of any units rented in the five (5)-year period; subject to any form of

rent control through a public entity's valid exercise of its police power; or subject to a recorded covenant ordinance, or law restricting rents to levels affordable to households of lower or very low income.

g. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five (5)-year period but are not currently rented, the income and household size of residents occupying the dwelling units when the site contained the maximum number of dwelling units, if known.

• h. The phasing of the construction of the affordable housing units in relation to the nonrestricted units in the housing development.

i. If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in Government Code Section 65915 (g) can be met.

2. For a requested incentive. Incentives are those defined by Government Code Section 65915 (k). The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to Government Code Section 65915 (d)(2). Incentives also include reduced or waived development fees, reduced parking requirements, and expedited permitting and approval processes, as determined appropriate by the Community Development Director. The application shall include the following minimum information for each incentive requested, shown on a site plan (if appropriate).

• a. The City's usual regulation and the requested regulatory incentive or concession.

b. Except where mixed-use zoning is proposed as a concession or incentive, reasonable documentation to show that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.

c. If approval of mixed-use zoning is proposed, reasonable documentation that nonresidential land uses will reduce the costs of the housing development, that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed-use zoning will provide for affordable housing costs and rents.

3. For a requested waiver. For each waiver requested, the applicant shall include, shown on a site plan, and shown for each existing or proposed parcel (if applicable), the City's required development standard and the requested development standard.

4. For parking reductions. If a housing development is eligible for a density bonus pursuant to State Density Bonus Law, the applicant may request an on-site vehicular parking ratio specified in Government Code Section 65915(p). An applicant may request this parking reduction in addition to the incentives and waivers permitted by paragraphs (2) and (3) of this subsection. The application shall include a table showing parking required by the zoning regulations, parking proposed under State Density Bonus Law, paragraph under Government Code Section 65915(p) (or other statute) under which the project qualifies for the parking reduction, and reasonable documentation that the project is eligible for the requested parking reduction.

raphs (2) and (3) of this subsection. The application shall include a table showing parking required by the zoning regulations, parking proposed under State Density Bonus Law, paragraph under Government Code Section 65915(p) (or other statute) under which the project qualifies for the parking reduction, and reasonable documentation that the project is eligible for the requested parking reduction.

5. For density bonus or inventive for a child care facility in a housing development. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915(h) can be met.

6. For a density bonus or inventive for a condominium conversion. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met. (Ord. O-241415, 11-20-2024)

A. All requests under State Density Bonus Law shall be part of the planning application and shall be applied for, reviewed, and acted upon concurrently with the planning application by the approval body with authority to approve

the development, within the timelines prescribed by California Government Code Section 65950 et seq. or other statute or expedited review and approval process determined the Community Development Director (if applicable). Appeals of the planning application in accordance with the requirements of San Marino Municipal Code Section 23.09.06 shall include all requests under State Density Bonus Law if appeals are authorized for the discretionary or ministerial permit applied for.

B. To ensure that an application for a housing development conforms with the provisions of State Density Bonus Law, the staff report presented to the decision-making body shall state whether the application conforms to the following requirements of State Density Bonus Law, as applicable:

1. The housing development provides the housing required by State Density Bonus Law to be eligible for a density bonus and any incentives, parking reduction, or waivers requested, including housing required to replace units rented or formerly rented to very low- and low-income households as required by California Government Code Section 65915(c)(3).

2. If applicable, the housing development provides the housing required by State Density Bonus law to be eligible for an additional density bonus under Government Code Section 65915(v)(1).

3. If an incentive is requested, reasonable documentation has been presented showing that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing or costs or rents; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of Government Code Section 65915(k)(2).

4. If a waiver is requested, the development standards for which a waiver is requested would have the effect of physically precluding the construction of the housing development at the densities or with the incentives permitted.

5. The housing development is eligible for any requested parking reductions under Government Code Section 65915(p) or other statute.

6. If the density bonus is based all or in part on donation of land, the requirements of Government Code Section 65915(g) have been met.

7. If the density bonus or incentive is based all or in part on the inclusion of a child care facility or condominium conversion, the requirements included in Government Code Section 65915(h) or 65915.5, as appropriate, have been met.

C. The decision-making body shall grant an incentive requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

1. The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5; or for affordable rents, as defined in Health and Safety Code Section 50053;

2. The proposed incentive would be contrary to state or federal law; or

3. The proposed incentive would have a specific, adverse impact upon the public health or safety or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, "specific, adverse impact" means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5.

D. The decision-making body shall grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

1. The proposed waiver would be contrary to state or federal law;

2. The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources; or

3. The proposed waiver would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, "specific, adverse impact" means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5.

E. If a child care center complies with the requirements of Government Code Section 65915(h), the decisionmaking body may deny a density bonus or incentive that is based on the provision of child care facilities only if it makes a written finding, based on substantial evidence, that the City already has adequate child care facilities.

F. A request for minor modification of an approved density bonus housing plan may be granted by the Community Development Director, or their designee, if the modification substantially complies with the original density bonus housing plan and conditions of approval. Other modifications to the density bonus housing plan shall be processed in the same manner as the original plan. (Ord. O-24-1415, 11-20-2024)

A. If a density bonus, incentive, parking reduction, or waiver is approved pursuant to this chapter, the applicant shall enter into a binding affordable housing agreement or restrictive covenant, as described below, with the City, which sets forth the conditions and guidelines to be met in the implementation of State Density Bonus Law and that ensures compliance with all of the provisions of this chapter. The agreement will also establish specific compliance standards and remedies available to the City upon failure by the applicant to comply with State Density Bonus Law, this chapter, or the affordable housing agreement.

B. For rental projects, the applicant shall enter into an affordable housing agreement with the City, running with the land, in a form approved by the City Attorney, to be executed by the City Attorney, or their designee. The agreement shall require the continued affordability of all rental units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction for a minimum of fifty-five (55) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; shall identify the type, size and location of each affordable unit; shall specify the eligible occupants; shall specify phasing of the affordable units in relation to the market-rate units; and shall contain other relevant provisions approved by the City Attorney. Rents for the lower income density bonus units shall be set at an affordable rent as defined in State Density Bonus Law.

C. For for-sale projects, the applicant shall enter into an affordable housing agreement with the City, running with the land, in a form approved by the City Attorney, to be executed by the City Manager, or their designee. The affordable housing agreement shall require that, the initial purchasers of those for-sale units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction are persons and families of lower or moderate income, as applicable, or if any for-sale unit is not purchased by an income-qualified household within one-hundred eighty (180) days after the issuance of the certificate of occupancy, then the unit(s) must be sold pursuant to a contract that satisfies the requirements of Revenue and Taxation Code Section 402.1(a)(10) to a qualified nonprofit housing corporation as defined in State Density Bonus Law and that the units are offered at an affordable housing cost, as that cost is defined in Health and Safety Code Section 50052.5; and shall contain other relevant provisions approved by the City Attorney. The City shall enforce an equity sharing agreement consistent with State Density Bonus Law unless it is in conflict with the requirements of another public funding source or law.

ensity Bonus Law and that the units are offered at an affordable housing cost, as that cost is defined in Health and Safety Code Section 50052.5; and shall contain other relevant provisions approved by the City Attorney. The City shall enforce an equity sharing agreement consistent with State Density Bonus Law unless it is in conflict with the requirements of another public funding source or law.

D. Where a density bonus, waiver or parking reduction is provided for a market-rate senior housing development, the applicant shall enter into a restrictive covenant with the City, running with the land, in a form approved by the City Attorney, to be executed by the City Manager, or their designee, to require the housing development to be operated as "housing for older persons" consistent with state and federal fair housing laws.

E. The executed affordable housing agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development, whichever is earliest. The affordable housing agreement shall be binding on all future owners and successors in interest. (Ord. O-24-1415, 11-20-2024)

A. In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number. B. When calculating the number of affordable units needed to qualify for a given density bonus, any fractions of affordable dwelling units shall be rounded up to the next whole number.

C. Except where a housing development is eligible for an additional bonus pursuant to Government Code Section 65915(v), each housing development is entitled to only one density bonus. If a housing development qualifies for a density bonus under more than one category, the applicant shall identify the category under which the density bonus is requested to be granted.

D. In determining the number of affordable units required to qualify a housing development for a density bonus pursuant to State Density Bonus Law, units added by a density bonus are not included in the calculations.

E. The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of affordable units required by State Density Bonus law. Regardless of the number of affordable units, no housing development shall be entitled to a density bonus greater than what is authorized under State Density Bonus Law.

F. Nothing in this Article requires the provision of direct financial incentives from the City for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The City, at its sole discretion, may choose to provide such direct financial incentives. (Ord. O-24-1415, 11-20-2024)

A. Affordable units shall be comparable in exterior appearance and overall quality of construction to market rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the City.

B. To comply with fair housing laws, the affordable units shall contain the same proportional mix of bedroom sizes as the market-rate units. In mixed-income buildings, the occupants of the affordable units shall have the same access to the common entrances and to the common areas, parking, and amenities of the project as the occupants of the market-rate housing units, and the affordable units shall be located throughout the building and not isolated on one floor or to an area on a specific floor. (Ord. O-24-1415, 11-20-2024)

If any portion of this Article conflicts with State Density Bonus Law or other applicable state law, state law shall supersede this Article. Any ambiguities in this Article shall be interpreted to be consistent with State Density Bonus Law. (Ord. O-24-1415, 11-20-2024)