Westminster Municipal Code § 17.260.005 Purpose

(Note: Chapter 17.260, Mixed-Use Zones, derived from Ord. 2593, was repealed and replaced by Ord. 2634, 5/13/2026.)

A. This Chapter provides development and land use regulations for the Mixed-Use (MU) zoning district established by Section 17.200.010. The MU zone is intended to accommodate a range of compatible residential and nonresidential uses, either individually or in combination, in areas generally located along major corridors and activity centers of the City. The MU zone is designed to support housing opportunities, long-term reinvestment, and economic activity while providing flexibility in site design and development configuration.

B. Development within the MU zone may be integrated vertically (for example, commercial or office uses on the ground floor with residential or office uses above) or horizontally (for example, residential uses located adjacent to commercial or office uses on the same site). Single-use projects, including developments that are entirely residential or entirely nonresidential, are also permitted, except for properties lying within the Housing Overlay zone.

C. The MU zone implements the mixed-use land use designations of the General Plan. Maximum residential density, building intensity, and development standards applicable to the MU zone are established in this Chapter and may vary based on site characteristics, parcel size, and applicable development standards.

(Ord. 2634, 5/13/2026)

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

B. Where the last column in the table ("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.

C. All uses listed shall be conducted within a completely enclosed building unless specifically provided otherwise in this Title. The letters in the columns beneath the "Permit Type" mean the following:

1. "P" - The use is permitted as a principal use within the zone.

2. "AUP" - The use is conditionally permitted as a principal or accessory use if an Administrative Use Permit is approved by the Community Development Director.

3. "CUP" - The use is conditionally permitted as a principal or accessory use if a Conditional Use Permit is approved by the Planning Commission.

4. "X" - The use is prohibited in the district.

Table 2-8 Permitted Uses and Permit Requirements

Notes:

(Ord. 2634, 5/13/2026)

A. General Requirements. Subdivisions and new land uses and structures in the MU zone 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 of this Title shall apply to all MU zones, unless modified in this Section.

Table 2-9 Mixed-Use Zoning District Development Standards

B. Additional Provisions and Interpretive Standards.

1. Architectural Projections. 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, may exceed the maximum building height by up to 10 feet and may encroach up to six feet into a required street setback, provided that such features do not cross property lines or encroach into the public right-of-way.

2. Sidewalk Width and Public Realm Requirements. Where necessary to achieve the minimum sidewalk width required under Section 17.260.020C, Public Realm Standards, a greater front setback than that identified in Table 2-9 shall be required.

3. First-Story Setback Encroachments. Up to 20% of the first-story building frontage may exceed the maximum front setback identified in Table 2-9.

4. Maximum Front Setback Applicability. The maximum front setback shall apply only to buildings or structures that front onto a public street or right-of-way and is intended to maintain a consistent build-to line along the street. The maximum front setback shall not apply to buildings or structures located behind a street-fronting building on the same property.

C. Nonresidential Space Development Incentive.

1. Purpose. This subsection establishes a Nonresidential Space Development Incentive intended to encourage the inclusion and long-term viability of nonresidential uses within mixed-use developments by allowing additional residential density when qualifying nonresidential area is provided.

2. Eligibility. A mixed-use development within the MU zone shall be eligible for up to an additional 10 dwelling units per acre above the applicable base maximum residential density, as established in Table 2-9, provided the project incorporates a minimum amount of qualifying nonresidential area in accordance with Subsection C.3.

3. Minimum Nonresidential Area Required. To qualify for the Nonresidential Space Development Incentive, a project shall include on-site nonresidential area meeting or exceeding the following minimums, based on total site size:

a. Sites under two acres: minimum 2,500 square feet of nonresidential area.

b. Sites between two and three acres: minimum 5,000 square feet of nonresidential area.

c. Sites three acres or greater: minimum 7,500 square feet of nonresidential area.

4. Qualifying Nonresidential Uses.

a. Qualifying nonresidential area shall consist of active commercial, office, retail, restaurant, service, recreational, artisan, or other employment-generating uses permitted within the MU zone and may include indoor or outdoor areas designed and operated for independent commercial activity accessible to the public.

b. Qualifying nonresidential area may include shared, flexible, or rotating commercial spaces, including but not limited to pop-up retail, shared commercial kitchens, food preparation facilities, artisan marketplaces, food truck courts, or similar outdoor or indoor commercial gathering spaces, provided the space is permanently designed and improved to accommodate ongoing independent commercial activity, and is accessible to the public or intended to serve the public.

c. The following shall not qualify as nonresidential area for purposes of this subsection:

i. Residential amenities or common areas primarily serving residents;

ii. Leasing or management offices serving the residential portion of the project;

iii. Storage areas, mechanical rooms, parking structures, or loading areas; or

iv. Spaces not designed or intended for independent nonresidential occupancy or commercial activity.

5. Design and Location Requirements. The qualifying nonresidential area shall be:

a. Integrated into the overall project design;

b. Oriented toward a public street or publicly accessible area, unless an alternative configuration is approved through a Development Review application.

6. Timing of Construction. The qualifying nonresidential area shall be constructed concurrently with the residential development unless an alternative phasing plan is approved as part of the Development Review application.

D. Mixed-Use Parking Requirements. The following parking standards shall apply to development in the MU zone, except for residential projects subject to State statutes which conflict with and preempt the parking requirements set forth in this section. All other provisions of Chapter 17.320 shall apply.

1. Number of Spaces Required by Use.

Table 2-10 Mixed-Use Zoning District Minimum Parking Standards

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.

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 nonresidential 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 on-site 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.

E. Mixed-Use Open Space Standards.

1. Multiple-Family Residential Projects.

a. A minimum of 40 square feet of private open space per dwelling unit shall be provided for at least 75% of the units.

b. The remaining 25% of units may satisfy the open space requirement through common open space, if desired.

c. A minimum of 60 square feet of common open space per dwelling unit shall be provided.

2. Nonresidential Projects. A minimum of 20% of the site area shall be provided as open space. Up to 80% of the required open space may consist of decorative hardscape.

3. Mixed-Use Projects.

a. Private open space shall be provided consistent with the requirements for multiple-family residential development.

b. For horizontal mixed-use developments, required common open space shall be consistent with the greater of the residential or nonresidential open space requirement.

c. For vertical mixed-use developments, required common open space shall be consistent with the lesser of the residential or nonresidential open space requirement.

4. Open Space Dimensions. Private open space areas shall have a minimum horizontal dimension of five feet, and common open space areas shall have a minimum horizontal dimension of 10 feet.

(Ord. 2634, 5/13/2026)

A. Design Guidelines.

1. Development within the MU zone shall be designed in accordance with the applicable Westminster Design Guidelines Manual.

2. For mixed-use development projects which are not governed by the Civic Center Area Design Guidelines, or the Little Saigon Area Design Guidelines, the Commercial Design Guidelines shall apply to the overall site and building design, including ground-floor nonresidential components, and shall be used to implement the General Plan's vision for mixed-use areas. Residential Design Guidelines shall apply to residential components of the project, as applicable.

3. Where there is a conflict between the Westminster Design Guidelines Manual and the standards contained in this Chapter, the standards of Chapter 17.260 shall prevail.

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 E below for additional refuse and recyclable materials storage requirements.

3. Corner Buildings. All corner buildings 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 zone must incorporate at least one of the following building massing relief features:

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

b. A vertical façade break for all floors with a minimum depth of six feet for a minimum of 15% 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 Subsection B.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 four 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% 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.

C. Public Realm Standards. The public realm in MU zone consists of three 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 zone:

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 two 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 Subsection C.2.

c. Ground floor retail storefronts shall provide a minimum of 60% 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 zone, 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 curb face.

b. A minimum six-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 four and six feet in width.

e. Landscape and street lighting shall be located within a minimum four-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 dedication, 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 zone:

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

D. Public Art Requirement.

1. Purpose. The purpose of this requirement is to encourage incorporation of public art into mixed-use development in a manner that contributes to the public realm and community identity.

2. Applicability. Development projects within the MU zone that require Development Review approval shall incorporate a public art element as part of the project design.

3. Exemptions. The public art requirement shall not apply to:

a. Residential projects consisting of nine dwelling units or fewer; or

b. Nonresidential projects that add less than 10,000 square feet of new building floor area.

4. Public art required pursuant to this Section shall comply with all of the following:

a. Integration. The public art shall be permanently integrated into the project site or building design.

b. Visibility. The public art shall be clearly visible from a public street, sidewalk, or publicly accessible area.

c. Minimum Size. The public art shall meet the following minimum size requirements:

i. Wall-mounted or façade-integrated art, including murals or similar installations, shall have a minimum surface area of 150 square feet. For development sites with more than 1,000 linear feet of street frontage, the required minimum surface area shall be increased to at least 300 square feet, which may be provided as a single installation or as multiple coordinated installations distributed along the street frontage.

ii. Ground-mounted or freestanding art, including sculptures, decorative fountains, decorative seating or benches, or water features, shall occupy a minimum footprint of 50 square feet.

d. Exclusions. Decorative architectural finishes, supergraphics, branding elements, logos, signage, or sign copy regulated under this Title shall not be considered public art for purposes of this Section, regardless of size, color, or artistic treatment.

E. Refuse, Organic, and Recyclable Materials Storage Requirements. In addition to requirements set in Section 17.300.045, the following shall apply to all MU zones:

1. Refuse, organic, 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, organic, and recycling enclosures shall mitigate nuisances from noise and odors.

F. Undergrounding of Utilities. All utilities, including telephone, cable television, and electric systems, required within the limits of all MU zones 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% of the total square footage of the existing building or structure.

G. Live/Work Use Standards. The following standards shall apply to live/work development. All other provisions of Article 3 of this Title 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 two 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 MU zone.

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% 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 three square feet; illumination is prohibited.

(Ord. 2634, 5/13/2026)