Chapter 17.260 — MIXED-USE ZONES

This Chapter provides development and land use regulations for the mixed-use zoning districts established by Section 17.200.010 . The purposes of the individual mixed-use zoning districts and the manner in which they are applied are as follows.

• A. Mixed-Use 36 Units/Acre (MU36) District. The MU36 district is intended to provide for a mix of compatible residential and nonresidential uses with densities up to 36 units per acre. The mix of uses can be integrated vertically (i.e., commercial on the ground floor with residential and/or office uses above) or horizontally (residential next to commercial and office uses). The MU36 zoning district is consistent with the Mixed-Use Westminster Boulevard/Downtown land use designation of the General Plan. Single-use projects (i.e., a project that is entirely residential or entirely nonresidential) are permitted.

• B. Mixed-Use 40 Units/Acre (MU40) District. The MU40 district is intended to provide for a mix of compatible residential and nonresidential uses with densities up to 40 units per acre. The mix of uses can be integrated vertically (i.e., commercial on the ground floor with residential and/or office uses above) or horizontally (residential next to commercial and office uses). The MU40 zoning district is consistent with the Mixed-Use Civic Center, Mixed-Use Corridor, Mixed-Use Little Saigon, and Mixed-Use Northwest District land use designations of the General Plan. Single-use projects (i.e., a project that is entirely residential or entirely nonresidential) are permitted.

• (Ord. 2593 § 6, 2022)

• A. General Requirements. Table 2-8 identifies the land uses permitted by this Title in the mixed-use zoning districts, and the land use permit required to establish each use, in compliance with Section 17.200.020.B, Determination of Permitted Land Uses and Permit Requirements .

Note: Where the last column in the table ("See Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Title may also apply.

Notes:

P = Permitted Use; AUP = Administrative Use Permit Required; CUP = Conditional Use Permit Required; – = Prohibited Use

• 1 See Article 7 for definitions of the land uses listed.

• 2 Limited to providing social services, education, training, medical, and dental assistance. Overnight stay prohibited.

• 3 Cafés, coffee houses and tea houses are permitted without a CUP if found in compliance with the provisions of Section 17.400.030 .

• 4 The sale of used vehicles, wholesale of new vehicles and auto repair/servicing are permitted as incidental uses to the primary retail sale of new vehicles.

• 5 All Conditional Use Permits for hotels and motels shall require City Council review and approval, following a public hearing review and recommendation by the Planning Commission.

• 6 Civic Center uses and facilities limited to (1) city owned and operated uses, structures, and functions including city buildings, offices, and buildings used for assembly, (2) local, State, Federal and special district offices and buildings, (3) public parks, (4) library, (5) publicly owned community colleges, and (5) theatres, auditoriums, and event spaces on city owned land.

(Ord. 2593 § 6, 2022)

• A. General Requirements. Subdivisions and new land uses and structures in the MU36 and MU40 zones shall conform to the requirements outlined in Table 2-9, except for single-family residential development, which shall conform to R2 Zoning District Development Standards. In addition, the applicable development standards (e.g., landscaping, parking and loading) outlined in Article 3 shall apply to all mixed-use zoning districts, unless modified in this Section. For standards not listed below, R5 Development Standards shall apply to projects with a residential component and C2 Development Standards shall apply to projects with no residential component.

For applicable design guidelines, please refer to the Commercial Design Guidelines and the Residential Design Guidelines in the Westminster Design Guidelines Manual. The commercial design guidelines should be considered in the design of mixed-use projects in order to implement the General Plan's vision for mixed-use areas. Where there is a conflict between the Westminster Design Guidelines Manual and the direction contained in Chapter 17.260 , the standards of Chapter 17.260 shall apply.

Note: For projects which include residential and nonresidential components, the density requirements shall apply to the residential component and the FAR requirements shall apply to the nonresidential component.

Notes:

• 1 Architectural features, including, but not limited to, awnings, entrance porticos, porches, patio walls, stoops, terraces, unenclosed stairs, balconies, eaves, cornices, canopies, entrance overhangs, trellises, signs, chimneys, fireplaces and other minor architectural design elements are permitted to exceed the maximum building height by up to 10 feet and to encroach up to 6 feet into the required street setback so long as they do not cross property lines or right-of-way boundaries.

• 2 A setback greater than identified in the above table may be required to effectively result in the required minimum sidewalk width as defined in Subsection C , Public

Notes:

Realm Standards , below.

• 3 A maximum of 20 percent of the 1st story front setback may exceed the maximum setback identified.

• 4 Maximum front setback applies to the building or structure on a property that fronts onto a street or public right-of-way. It is intended to help maintain continuity of the build line along a street. Maximum front setback would not apply to a building or structure that is behind the street-fronting building on the same property.

• 5 Private open space requires a minimum 5-foot dimension and common open space requires minimum 10-foot dimension.

• B. Building Design and Articulation Standards. The following building design and articulation standards shall apply in addition to the general development standards included in Table 2-9.

  1. Rooflines. Rooflines, whether pitched or flat, shall be vertically articulated at least every 50 feet, using architectural elements such as parapets, varying cornices, reveals, clerestory windows, and varying roof height and/or form.

  2. Screening. The screening and separation of adjoining residential uses, equipment, trash enclosures, accessory outdoor storage areas (i.e., storage for maintenance or landscaping supplies), and surface-parking areas from adjoining residential development shall be provided in accordance with Section 17.300.035 of this Title. See Subsection F below for additional refuse and recyclable materials storage requirements.

  3. Corner buildings. All corner buildings in the MU districts shall:

     • a. Incorporate visually interesting architectural elements such as towers, cornice features, roof shapes, or roofline variation.

     • b. 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.

  4. Massing relief for multistory buildings. All multistory buildings in the MU districts must incorporate at least one of the following building massing relief features:

     • a. Upper floor change in wall plane of at least 4 feet in depth (either recess or projection) for at least 30 percent of the front façade length. See Figure 2-1; or

     • b. A vertical façade break for all floors with a minimum depth of 6 feet for a minimum of 15 percent of the front façade length. Non-recessed building walls shall not exceed a width of 50 feet. See Figure 2-2.

5. Additional massing relief for buildings four stories or more. In addition to features required for all multistory buildings in Paragraph (4) above, buildings four stories or more must also incorporate at least one of the following additional features:

   • a. From the fourth story and above, a recessed stepback facing the primary street of at least 4 feet for the entire façade length. See Figure 2-3. Recessed area may be used as a balcony, terrace, or other usable open space.

   • b. From the fourth story and above, a recessed stepback facing the primary street of at least 10 feet for a minimum of 35 percent of the façade length. See Figure 2-4. Recessed area may be used as a balcony, terrace, or other usable open space.

   • c. Other alternative comparable method, as determined by the review authority through the development review process, to break down the massing of large building façades and complement the surrounding context.

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Figure 2-1: Upper Floor Change

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Figure 2-2: Vertical Façade Break

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Figure 2-3: Upper Story Stepback (Entire Façade Length)

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Figure 2-4: Upper Story Stepback (Partial Façade Length)

• C. Public Realm Standards. The public realm in MU districts consists of 3 areas: the frontage area, pedestrian area, and vehicular area. See Figure 2-5. The following public realm standards shall apply in addition to the general development standards included in Table 2-9 and in Subsection B above.

1. Frontage area. The frontage area consists of the area between the primary building façade and the sidewalk. The frontage area is located on private property. The following frontage area standards apply to development in the MU districts:

   • a. The frontage area along commercial or mixed-use frontages shall be an extension of the sidewalk, landscaped, used for outdoor dining space, or used for other purposes that enhance the pedestrian environment. The frontage area along buildings without doors or windows shall be enhanced with at least 2 pedestrian amenities for every 30 feet of frontage (e.g., potted plants, bench seating, or other pedestrian amenities).

   • b. The frontage area along residential frontages shall provide pathways connecting the sidewalk to the front door and to any parking areas, and shall otherwise be landscaped across the entire property frontage, with the exception of a pedestrian walkway, as described in Paragraph (2).

   • c. Ground floor retail storefronts shall provide a minimum of 60 percent of the front façade area as open exposure to the street through the use of windows, doors, and other openings in order to allow views of indoor space. Windows shall be transparent; opaque or reflective glazing is not permitted. For corner buildings, this requirement shall apply to both street-facing sides. See Figure 2-6.

• c. Ground floor retail storefronts shall provide a minimum of 60 percent of the front façade area as open exposure to the street through the use of windows, doors, and other openings in order to allow views of indoor space. Windows shall be transparent; opaque or reflective glazing is not permitted. For corner buildings, this requirement shall apply to both street-facing sides. See Figure 2-6.

2. Pedestrian area. The pedestrian area consists of the pedestrian walkway and an additional area adjacent to the curb for trees, planters, lighting, and other pedestrian amenities. This area is typically located in the public right-of-way. The following pedestrian area standards apply to development in the MU districts, as shown in Figure 2-7:

   • a. Public sidewalks abutting a development parcel shall have a minimum sidewalk width of at least 10 feet as measured from back of curb.

   • b. A minimum 6-foot clear and unobstructed path shall be provided in the pedestrian area to accommodate pedestrian movement.

   • c. The pedestrian area shall contain at least one irrigated curbside street tree for every 40 linear feet of sidewalk and shall comply with requirements set in Chapter 12.12 (Street Forestry Policy).

   • d. Curbside sidewalk tree wells shall be between 4 and 6 feet in width.

   • e. Landscape and street lighting shall be located within a minimum 4-foot wide area adjacent to the back of curb.

   • f. If the existing public right-of-way area between the curb and the property line is insufficient to meet the minimum standards above, extension of the sidewalk onto the property, with corresponding public access easement, shall be provided.

3. Vehicular area. The vehicular area consists of vehicular travel lanes and may include bike lanes and parking lanes. The vehicular area is located in the public right-of-way. The following vehicular area standards apply to development in the MU districts:

   • a. Development shall implement the Mobility Element of the City of Westminster General Plan.

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Figure 2-5: Public Realm Standards

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Figure 2-6: Open Exposure (Transparency) Standards

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Figure 2-7: Pedestrian Area Standards

• D. Live/Work Use Standards. The following standards shall apply to live/work development. All other provisions of Article 3 shall apply.

  1. The minimum square footage of a live/work unit shall be 1,000 square feet.

  2. All living space within the live/work unit shall be contiguous with, and an integral part of, the working space, with direct access between the 2 areas.

  3. At least one of the workers of the live/work unit shall reside in the unit. The residential area shall not be rented separately from the working space. The business activity occupying the live/work unit may have employees in addition to residents, as necessary.

  4. Complete kitchen space and sanitary facilities shall be provided for each unit in compliance with all applicable codes.

5. The nonresidential ground floor portion of the unit shall comprise no less than one-third of the ground floor space, not including stairwells.

   6. All work activities and workspace shall be limited to the first floor.

   7. The nonresidential component of a live/work unit shall only be a nonresidential use allowed within the mixed-use district.

   8. All activities related to the "work" component of the live/work unit shall be conducted within the interior of the same live/work unit.

   9. Retail space may be integrated with working space.

   10. A live/work unit shall be used for both residential and nonresidential purposes; use of a live/work unit exclusively for nonresidential use is prohibited.

   11. A business license shall be obtained in compliance with the WMC for business activities conducted within the live/work unit.

   12. The ground floor of the live/work unit shall provide a minimum 40 percent open exposure to the street through the use of windows, doors, and other openings in order to allow views of indoor space. Windows shall be transparent; opaque or reflective glazing is not permitted.

   13. Signage shall be a maximum of 3 square feet; illumination is prohibited.

• E. Mixed-Use Parking Requirements. The following parking standards shall apply to development in mixed-use districts, except for residential projects subject to State statutes which conflict with and preempt the parking requirements set forth in the section. All other provisions of Article 3 shall apply.

  1. Number of spaces required by use.

2. Tandem parking (i.e., one vehicle parked behind another vehicle) is allowed for residential off-street parking so long as tandem spaces are designated for the same unit. Tandem parking is not allowed for nonresidential uses and cannot be shared between residential and nonresidential uses.

   3. Nonresidential parking provided as part of a mixed-use development may be shared between uses (i.e., between nonresidential and residential uses and between nonresidential uses) pursuant to a shared parking study, parking agreement, and/or Parking Management Plan as approved by the City of Westminster. All parties to a shared parking arrangement shall enter into a covenant with the City which shall be recorded in the Office of the County Clerk/Recorder. This covenant shall bind this parking arrangement until such time that it can be demonstrated, to the satisfaction of the Director, that other off-street parking has been provided in compliance with the Westminster Municipal Code requirements.

. All parties to a shared parking arrangement shall enter into a covenant with the City which shall be recorded in the Office of the County Clerk/Recorder. This covenant shall bind this parking arrangement until such time that it can be demonstrated, to the satisfaction of the Director, that other off-street parking has been provided in compliance with the Westminster Municipal Code requirements.

4. Parking spaces serving residential uses shall be conveniently located near the dwelling units they serve, and in no case shall they be more than 300 feet from an entrance to the residential building.

5. If enclosed parking, including parking garages and structures, is provided for residential and non-residential portions of a mixed-use development, separate areas/levels and entrances should be provided for each use whenever possible, or as otherwise determined pursuant to a shared parking study, parking agreement, and/or Parking Management Plan as approved by the City of Westminster.

6. Loading areas for nonresidential uses shall be located away from residential units and shall be completely screened from view from public streets, adjacent residential uses, and onsite residential uses provided as part of the mixed-use development. Loading areas shall be compatible in architectural design and details with the overall project. The location and design of loading areas shall mitigate nuisances from noise when residential uses might be impacted.

• F. Refuse and Recyclable Materials Storage Requirements for Mixed-Use Districts. In addition to requirements set in Section 17.300.045 (Refuse and Recyclable Materials Storage Requirements), the following shall apply to all mixed-use districts:

  1. Refuse and recycling enclosures for nonresidential uses shall be located away from residential units and shall be completely screened from view from the residential portion of the project, from public streets, and from adjacent residential uses.

  2. The location and design of refuse and recycling enclosures shall mitigate nuisances from noise and odors.

• G. Undergrounding of Utilities. All utilities, including telephone, cable television, and electric systems, required within the limits of all mixed-use districts shall be located underground. The undergrounding of utilities shall apply to any new building or structure constructed on a parcel of land or when substantial reconstruction of an existing building or structure results in an addition exceeding 50 percent of the total square footage of the existing building or structure.

• (Ord. 2593 § 6, 2022)