Chapter 18.14 — Mixed Use Zones (MU-NC, MU-CC, MU-RC, MU-MD, MU-VHD)

Sections

18.14.010 – Purpose of Mixed Use Zones

18.14.020 – Mixed-Use Land Uses and Permit Requirements

• 18.14.030 – Development Standards

• 18.14.040 – Other Applicable Regulations

• A. The purpose of this Chapter is to describe the character and intent of the City’s mixed-use zones, describe allowed land uses and permit requirements in mixed-use zones, identify any supplemental land use regulations applicable to mixed-use zones, and establish development standards for the same.

• B. The purpose of the individual mixed-use uses and the way they are applied are as follows:

  1. Mixed Use – Neighborhood Commercial (MU-NC). The purpose of the MU-NC Mixed Use Neighborhood Commercial Zone is to provide land areas for the construction, use, and occupancy for pedestrian oriented developments that focus on neighborhood-serving commercial uses (e.g., coffee shops, grocery stores, retail establishments). It is the intent of this zone to provide a mix of residential and commercial uses, with residential on the upper floors and commercial on the lower floors, as well as, stand-alone uses in certain circumstances. This zone has a minimum FAR of 0.1. The allowable residential density range is 20-36 dwelling units per acre.

  2. Mixed Use – Community Commercial (MU-CC). The purpose of the MU-CC Mixed Use Community Commercial Zone is to provide land areas for the construction, use, and occupancy for pedestrian- oriented developments that focus on communityserving commercial uses (e.g., grocery stores, banks, pharmacies, restaurants, retail establishments). It is the intent of this zone to provide a mix of residential and commercial uses, with residential on the upper floors and commercial and office on the lower floors, as well as, stand-alone uses in certain circumstances. This zone does not have a minimum FAR. The allowable residential density range is 20-36 dwelling units per acre.

  3. Mixed Use – Regional Commercial (MU-RC). The purpose of the MU-RC Mixed Use Regional Commercial Zone is to provide land areas for the construction, use, and occupancy for pedestrian- oriented developments that focus on regional-serving commercial uses (e.g., big box stores, entertainment establishments, restaurants, retail establishments). It is the intent of this zone to be located on high-traffic corridors and to provide a mix of residential and commercial uses, with residential on the upper floors and commercial and office on the lower floors. This zone has a minimum FAR of 0.2. The allowable residential density range is 37-50 dwelling units per acre.

  4. 4. Mixed Use – Very High Density (MU-VHD). The purpose of the MU-VHD Mixed Use Very High Density Zone is to provide for transit- and pedestrian-oriented mixed-

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5. use development comprising very high density housing in conjunction with local and regional serving commercial uses that link with existing and planned transit facilities to support and maximize transit use. This zone is intended to encourage high quality integrated development consisting of residential and commercial uses in a horizontal and or vertical arrangement to maximize open space of active and passive use and provide opportunities for place making. The allowable residential density range is 51120 dwelling units per acre.

• A. Table 2-10 Mixed-Use Zones Allowed Uses and Permit Requirements. Table 2-10 indicates the uses allowed within each mixed-use zone and any permits required to establish the use, in compliance with Article 6 (Permit Processing Procedures) and Article 7 (Zoning Ordinance Administration).

• B. Additional Regulations. Where the last column in Table 2-10 includes a chapter or section number, the regulations in the referenced chapter or section shall apply to the use. Provisions in other sections of this Zoning Code and City Code may also apply.

• C. Definitions. See Article 8 (Definitions) for land use definitions and explanations.

• D. Zoning Clearance required. Each land use specified in the following land use table as allowed with a “P” as a use permitted-by-right that involves/contains construction activities (e.g., additions, alterations, constructions, reconstruction, or remodeling) shall require the issuance of a Zoning Clearance in compliance with Chapter 1818.126 (Zoning Clearances).

• E. Uses not Listed. Uses not listed below may be reviewed by the Director to determine if they are similar to those listed and appropriate in this zone and if so, what type of permit is required, in compliance with Section 18.04.040 (Uses Not Classified).

• F. Temporary Uses. For all allowed temporary uses and specific standards see Chapter 18.122, Temporary Use Permits.

Table 2-11

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Table 2-11

Mixed Use Zones Allowed Uses and Permit Requirements

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Table 2-11

Mixed Use Zones Allowed Uses and Permit Requirements

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Table 2-11

Mixed Use Zones Allowed Uses and Permit Requirements

• A. Table 2-11 Mixed-Use Zone Development Standards. The intent of the mixed-use zone development standards table is to clearly and precisely establish the basic site and structure regulations that apply to all developments in each of the mixed-use zones. The table also indicates where additional site and structure requirements, including, but not limited to, off-

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street parking, landscaping, signage, fences and obstructions, and performance standards, apply to mixed-use zones.

• B. Density. Maximum density standards shall be consistent with the General Plan or applicable Master Plan, Specific Plan, or Area Plan.

• C. Zoning Map. The boundaries, designations, and locations of the zones established by this Zoning Code shall be shown upon the map(s) entitled "Zoning Map for City of Santa Clara " and referred to in this Zoning Code as the Zoning Map. Any additional maps adopted shall also be a part of this Zoning Code by reference. This Zoning Code, together with the Zoning Map, is hereby adopted in compliance with current State planning, zoning, and development laws. Changes in the boundaries of any identified zones shall be made by ordinance in compliance with Chapter 18.142 (Amendments).

Table 2-12 Mixed-Use Zone Development Standards

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Table 2-12 Mixed-Use Zone Development Standards

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Table 2-12 Mixed-Use Zone Development Standards

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In addition to the standards specified in Article 3 (Site Planning and General Development Standards) and Article 4 (Standards for Specific Land Uses), the following other applicable mixed-use regulations shall be applicable in the specific mixed-use zones:

• A. Balconies.

  1. Allowability. Balconies are only allowed on mixed-use structures greater than three stories in height on the front and rear elevations.

  2. Step-back Encroachment. Balconies are only allowed to encroach up to 50 percent into the required step-back area.

• B. Encroachments. The front setback shall be kept open, unobstructed, and unoccupied except by those allowable encroachments identified in Table 2-12 (Mixed-Use Zone Setback Encroachments).

Table 2-13 Mixed-Use Zone Setback Encroachments

• C. Live-Work Facilities. Permitted except along for properties fronting El Camino Real street frontage in the MU-RC Zone and shall not count towards commercial FAR requirements but shall count toward residential density.

• D. Mixed Use Development Types. All mixed-use zoned parcels are allowed either vertical or horizontal mixed-use development types unless otherwise prohibited in a Specific Plan or Master Plan. See Figure 2-1 (Vertical Mixed-Use) and Figure 2-2 (Horizontal Mixed-Use).

• E. Common Living Area Requirements. For all dwelling units, the minimum percentage of a dwelling devoted to common living area is twenty-five percent (25%).

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Figure 2-3 Vertical Mixed-Use

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Figure 2-4 Horizonal Mixed-Use

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• F. Multi-Story Step-backs. A minimum step-back of six feet is required for all structures greater than three stories on all elevations of the structure on no less than 60 percent of the first story structure wall length.

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G. Transition Standards.

1. Maximum Height Adjacent to Residential. Building Height Limits Abutting Residential Zoning Districts, 45-degree Daylight Plane height transitions are required for any new development adjacent to single family and duplex residential zoning districts, measured from the property line. Rear property daylight planes extend 40 feet from the rear property line; side property line daylight planes start at 15 feet above grade and extend the full height of the building. See Figures 2-1 and 2-2.

2. Maximum Height Across the Street from Residential. The following applies to portions of a development directly opposite a residentially zoned property where the street is less than 65 feet wide.

  - **a.** Wall plates and heights shall be no taller than one story above the maximum height allowed in the opposing residential zone. 

  - **b.** Uses shall be located entirely within structures occupied by the primary use. Building heights shall step up away from the street following a 45-degree Daylight Plane measured from the top of the building facade/wall plate. 

3. Massing and Design. New development abutting or across from residential zoned properties shall incorporate massing and design treatments to reduce their impacts on adjacent homes. Design treatments include height and/or bulk step downs and other architectural measures such as matching the form or roof style of adjacent properties.

• H. Outdoor Retail Displays. All Outdoor Retail Displays shall be consistent with the development standards in Section18.60.150 (Outdoor Displays and Sales).

• I. Placement of Parking Structures. In addition to the Off-Street Parking Regulations and Design Standards in Chapter 18.38, parking garages in mixed-use zones shall not be located on the ground floor of a structure unless the structure space designed for residential, commercial, or other nonresidential uses is located between the parking garage and the street. This requirement shall not prevent a parking garage entrance at the ground floor of a structure.

• J. Side Setbacks Exceptions. Parcels zoned Mixed-Use Community Commercial and MixedUse Regional Commercial are allowed a side setback of zero feet by the approval of the Review Authority.

• K. Live Entertainment, Standalone Use. Live Entertainment that meets the following separation and operation requirements requires the approval of a Minor Use Permit by the Review Authority. All other Live Entertainment venues that do not meet the following separation and operation requirements and/or are located outdoors shall require the approval of a Conditional Use Permit by the Commission.

  1. Shall be located a minimum of 150 feet from all residential.

  2. Shall be conducted within an enclosed structure.

  3. Shall be restricted to hours of operations between 11:00 AM to 12:00 AM (Midnight).

• L. Wireless Telecommunication Facilities. For height exceptions for Wireless Telecommunications Facilities see Chapter 18.66.

• M. Utilities, Facilities, and Infrastructure. A CUP is required for private utility facilities and infrastructure. Public utilities and infrastructure are permitted uses.

• N. Additional Regional Commercial Mixed Use. The following additional requirements shall be applied to all parcels zone MU-RC:

  1. 75 percent of the structure façade shall be located within the minimum and maximum setback lines.

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2. Setbacks in Open Space. Setback areas are not considered useable open space unless they are at least 20 feet wide. Up to 50 percent of the required private open space may be provided as common private outdoor areas.

3. Publicly Accessible Open Space. All MU-RC properties shall include ground floor publicly accessible open space. New public open space should have a minimum 30foot dimension in at least one direction and a minimum total area of 3,000 square feet.

• O. Additional Very High-Density Mixed-Use Standards. The following additional requirements shall apply:

  1. Conditional Uses. Any use identified as a use requiring a Conditional Use Permit shall be subject to the following regulations:

  - **a.** Such uses are conditionally permitted only on the ground floor of multi-family dwelling structures. 
  
  - **b.** Such uses are conditionally permitted in structures intended solely for retail use, provided that the development of the retail structure would not make it infeasible to achieve the minimum residential density specified in this Article over all contiguous parcels within the VHDMU zone. 
  
  - **c.** On the ground floor of multi-family dwelling structures, live-work facilities that meet the glazing and entry door requirements performance standards, but that do not meet one or more of the following minimum performance standards: 
  
     - **(1)** A minimum first floor to ceiling height of 12 feet; 
  
     - **(2)** A minimum front room depth of 35 feet; or
  

(3) Live-Work facility units occupy a maximum of 25 percent of an individual structure’s ground floor retail frontage.

• d. Stand-alone parking garage.

• e. Live entertainment as a primary use.

• f. Cocktail lounges, bars, taverns not associated with a restaurant or hotel/motel use.

2. Hotels and Motels. Full-service hotels and motels may include restaurants, bars and lounges, massage and spa services, administrative offices, and meeting and banquet rooms.

3. Lighting and Security.

• a. Open parking areas and common open space areas shall include lighting which provides a minimum illumination of one-foot candle. Lighting fixtures shall be weather and vandal resistant. Lighting shall reflect downward and away from residential areas and public streets.

• b. All main entrance doors to individual dwelling units shall be equipped with 180degree door viewers. Each main entrance door shall be equipped with a deadbolt lock with a cylinder guard, a minimum of one-inch bolt projection and a maximum-security strike plate.

  • c. All sliding glass doors and ground floor windows shall be equipped with auxiliary locks, as approved by the Chief of Police.

4. Live-Work Facilities. Ground live-work facilities units are subject to the following requirements:

• a. A minimum first floor to ceiling height of 12 feet;

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• b. A minimum front room depth of 35 feet;

• c. A minimum of 65 percent glazing along the front elevation;

• d. Double entry doors with a minimum of 80 percent transparent glass surface area; and

• e. Live-work facility units shall occupy a maximum of 25 percent of an individual structure’s ground floor retail frontage.

5. Mortuaries. Mortuaries and similar facilities as determined by the Review Authority are prohibited.

6.

Parking Requirements.

• a. Minimum Parking Requirements.

  • (1) The minimum parking requirements for all commercial uses, including restaurants, is three parking spaces per 1,000 square feet of structure area.

  • (2) Hotel rooms: 0.75 space per lodging unit.

  • (3) Studio and one-bedroom residential units: One parking space per unit.

  • (4) Residential units with two or more bedrooms: One and half parking spaces per unit.

• b. Shared Parking. Parking shared among uses is encouraged, and a maximum of 20 percent of the parking spaces provided may be shared between two uses. For the purposes of this Article, those parking spaces shared between two uses count towards the parking requirements of both.

7. Parking Structures. Parking structures are allowed in the MU-VHD only as accessory to the primary uses of the site.

8. Outdoor Dining, Seating, and Walk-up Facilities. All outdoor-oriented facilities and designated areas shall be incidental to the primary retail or restaurant use.

9. Restaurants. Restaurants are permitted to include on-premise sales and service of beer, wine, and/or distilled spirits.

10. Trash Disposal. Each property shall provide accessible trash disposal areas. If not placed within a garage or other structure, each disposal area shall be screened from public view. Such enclosures shall provide area of sufficient size to accommodate trash and recycling bins for residential and commercial uses on-site. Trash compactors shall be located within an enclosed building.

11. Vehicle-Oriented Uses . All vehicle-oriented uses are prohibited.

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