City of Fountain Valley, CA Chapter 21.15 MIXED-USE ZONING DISTRICTS

§ 21.15.010 Purpose.

The mixed-use zone combines two or more types of uses, typically including residential, commercial, office, institutional, cultural, and entertainment uses, into one project or space, where those functions are physically and functionally integrated. The mixed-use zone implements several community aspirations, including:

(a) Conserving energy through efficient land use, facilitating non-motorized access, and reducing reliance on vehicles.

(b) Creating activity and gathering areas.

(c) Achieving usable and pleasant public open space.

(d) Resulting in shared infrastructure/facilities (e.g., parking), potentially reducing development and operating costs.

(e) Achieving greater long-term appreciation in land and property values.

(f) Stimulating revitalization and redevelopment activity in infill locations.

(g) Providing opportunities for increased use of public transit.

(h) Providing fiscally positive land uses while helping to achieve housing goals.

(Ord. 1582 § 4, 2022)

§ 21.15.020 Mixed-use zoning districts.

(a) MU-1 District (Small Sites <5.0 Acres). The MU-1 zoning district applies to sites that are less than five acres and accommodates a more intensive development than the MU-2 District. The MU-1 District allows higher density residential uses mixed with non-residential uses such as retail, dining, entertainment, and offices. The intent is to make redevelopment of infill parcels more economically feasible (e.g., account for higher costs due to structured or subterranean parking). The MU-1 zoning district is consistent with the MU-1 land use designation of the general plan.

(b) MU-2 District (Large Sites >5.0 Acres). The MU-2 zoning district applies to sites that are larger than five acres and, because of the size, is intended to achieve an integrated project area with a range of residential product types and densities mixed with ample non-residential uses, such as retail, dining, entertainment, and offices, and public spaces. The MU-1 zoning district is consistent with the MU-2 land use designation of the general plan.

(c) Mixed-use developments may be vertical in design, with multiple uses on different floors of the same structure, or horizontal, with different uses located within separate structures placed in the same master-planned development.

(Ord. 1582 § 4, 2022)

§ 21.15.030 Mixed-use district land uses and permit requirements.

Table 2-10 identifies the uses of land allowed in the mixed-use zone, and the land use permit required to establish each use, in compliance with Section 21.06.030 (Allowable land uses and permit requirements) of this title.

Note: where the last column in the tables ("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.

TABLE 2-10
MIXED-USE DISTRICT LAND USE AND PERMIT REQUIREMENTS
Allowed Uses and Permit Requirements for Mixed-Use Zoning Districts	P CUP —	Permitted Use Conditional Use Permit required Use not allowed
	PERMIT REQUIRED	Specific Use Regulations
LAND USE (1)	MU-1 and MU-2
MANUFACTURING AND PROCESSING USES
Manufacturing and processing uses (see Chapter 21.10, Table 2-6, for expanded list of uses)	—
Recycling—Small collection facility	CUP
RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES
Accessory entertainment uses	CUP
Assembly facilities and nonprofit institutions	CUP
Billiard and pool halls	CUP	21.15.040(c)(3)
Clubs, lodges, membership meeting halls	CUP	21.15.040(c)(3)
Dance halls	CUP	21.15.040(c)(3)
Health and fitness centers	P
Indoor amusement/entertainment facilities	CUP	21.15.040(c)(3)
Libraries and museums	P
Night clubs and bars	—
Outdoor commercial recreation facilities	—
Private residential recreational facilities	P
Schools—Private	CUP
Schools—Specialized training and education	CUP
Studios (dance, martial arts, music, photography, etc.)	CUP	21.15.040(c)(3)
Theaters and auditoriums	CUP	21.15.040(c)(3)
RESIDENTIAL USES
Accessory dwelling units	P
Affordable housing	P
Caretaker's quarters	—
Cottage food operations	P
Duplexes	P (MU-2 only)
Emergency shelters (2)	—
Home businesses	P
Live-work units	P
Mobile home parks	—
Multi-family dwellings	P
Residential accessory uses and structures	P
Rooming and boarding houses	CUP
Residential care homes	CUP
Single-family dwellings	—
Single room occupancy (SRO)	—
Supportive housing	P
Transitional housing	P
RETAIL TRADE
Accessory retail sales	P
Alcoholic beverage sales, off-premises	CUP
Alcoholic beverage sales, on-premises	CUP/P (4)	21.10.060
Antiques, art galleries, collectibles	P
Auto parts sales	P
Auto sales and rental, new	—
Auto sales and rental, used	—
Bakeries, retail	P
Butcher shops	P
Building material stores	—
Convenience stores	P
Department stores	P
Drive-in and drive-through sales	—
Drug stores, pharmacies	P
Equipment sales and rental	—
Furniture, furnishings & appliance stores	P
Garden supply and equipment sales and services	—
General retail, primary use	P
Grocery stores	P
Heavy equipment sales and rental	—
Hydroponic stores	—
Lumber yards	—
Multi-use commercial centers	CUP
Pet shops (no kennels)	P
Plant nurseries and garden supply stores	—
Recreational vehicle sales and rental	—
Restaurants—Large format	CUP	21.10.060
Restaurants—Small format	P	21.10.060
Restaurants—Accessory cafeterias	CUP
Secondhand stores, pawn shops	CUP
Specialized sporting goods store	P
Tattoo establishments	—
SERVICES
Adult day care—Large	P	21.30.020
Adult day care—Small	P	21.30.020
Ambulance services	—
Automated teller machines (ATMs)	CUP
Auto repair and maintenance, minor	—
Auto repair and maintenance, major	—
Banks and financial services	P
Business support services	P
Car wash, full service	—
Car wash, self service	—
Catering services (stand-alone)	—
Child day care centers	CUP
Contractor's storage yard	—
Day care—Large family day care homes	P	21.30.020
Day care—Small family day care homes	P	21.30.020
Gunsmiths	—
Hotels and motels	P
Medical services—Clinics, offices, and laboratories	P
Medical services—Extended care	—
Medical services—Hospitals	—
Mortuaries	—
Offices—Administrative, business, professional	P
Personal services, accessory use	P
Personal services, primary use	P
Pest control services	—
Repair services for consumer products	P
Service stations	—
Storage, outdoor	—
Storage, personal self-service (mini-storage)	—
Veterinarians, animal hospitals, kennels, boarding	CUP	21.15.040(c)(3)
TRANSPORTATION AND COMMUNICATIONS USES
Broadcast studios	—
Heliports	—
Stand-alone parking lots and garages	—
Transit stations and terminals	—
Vehicle and freight terminals	—
Wireless telecommunications facilities (3)	Administrative wireless facilities permit (3)	21.28

Notes:
(1)	See Chapters 21.66 through 21.84 of this title for land use definitions. See Section 21.02.020 regarding uses not listed.
(2)	Emergency shelters are limited to no more than 30 occupants per site as a permitted use. Emergency shelters with more than 30 occupants per site are permitted subject to the approval of a CUP.
(3)	Wireless telecommunications facilities may also be permitted by a conditional use when the planning/building director determines that the project's complexity or the public interest warrants the referral.
(4)	On-premises beer and wine sales may be permitted per Section 21.10.060.

(Ord. 1582 § 4, 2022)

§ 21.15.040 Mixed-use district development standards.

(a) 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 2-11, in addition to the applicable development standards (e.g., landscaping and loading, etc.) in Chapters 21.16 through 21.30 of this title.

TABLE 2-11
MIXED-USE DISTRICT GENERAL DEVELOPMENT STANDARDS
Development Feature	Requirement by Zoning District
	MU-2 (14)	MU-1
Lot size	Minimum area and width for new mixed-use development projects.
Lot area	Greater than 5.01 acre	1.0-5.0 acres
Lot width	N.A.	N.A.
Floor area ratio (FAR)(2)(4)	2.2	2.25
Min. Non-Residential Floor Area (5)(6)	20% of ground floor footprint (must be publicly accessible)	10% of ground floor footprint (must be publicly accessible)
Lot coverage	N.A.	N.A.
Residential density	40 units per acre average over project site (13)	Maximum 65 units per acre
Variations of residential density	Variations from the maximum residential density are permitted as provided below: • In the MU-2 Zone, 55 du/ac average when at least 30% of ground floor footprint provided as commercial/retail uses. • When the following condition exists, the maximum residential density may be increased to 75 units per acre: the nearest property line of the perimeter of a mixed-use zone is either separated by the 405 freeway from or located at least 400 feet from the property line of an R1 Zone in the city.
Minimum density	30 units per acre Development in the MU Zone shall include a residential component at the min. residential density.	30 units per acre Development in the MU Zone shall include a residential component at the min. residential density.
Setbacks (7)(10) (11)	Minimum setbacks required on the ground floor from perimeter property lines of a project (does not include the sidewalk and curb).
Street Frontage	15 ft. average with min. 10 ft. (max. 40% of an elevation can be at 15 ft.)	10 ft. average with min. 5 ft. (max. 40% of an elevation can be at 10 ft.)
Interior property line (abutting non-res. zone)	None (a maintenance agreement shall be recorded on the deed prior to issuance of the certificate of occupancy)
Interior property line (abutting res. zone) (7)	• Abutting R1/GH zone, one of following options: (1) 30 ft. with a min. step-back of 20 ft. above the height of 35ft.; OR (2) 100 ft. setback with no step-back; OR (3) 30 ft. with height averaging as noted below in the height section. • Abutting R2, R3, and R4 zone, one of the following options: (1) 10 ft. setback with an average step-back of 10 ft. above the height of 45ft.; OR (2) 20 ft. setback with no stepback; OR (3) 10 ft. with height averaging as noted below in the height section. • Interior setback areas may be counted toward private open space (not public open space requirement) when landscaped and designed for functional use by the residents.
Upper Level Step-Back (7) (10) (11)	• MU-1 Zone: an upper level step-back of 15 ft. average of all street-facing upper floors above 35ft. • MU-2 Zone: an upper level step-back of 15 ft. average of all street-facing upper floors above 45ft. Exception: Average step-backs do not apply along interior property lines abutting R1/GH zones (See setbacks from interior property lines abutting residential zones).
Height (1) (3)	A baseline height is provided for the MU-1 and MU-2 zones and adjustments above the baseline are permitted as provided below:
Baseline Height	6 stories & 65ft. (see height modulation)	5 stories & 55ft. (see height modulation)
Height Modulation (9)(12)	A square box is not an acceptable design and the modulation of the heights is required to provide visual interest and reduce the scale of building mass. Accordingly, a proposal shall include a building step-back on the street frontage and at least two of the following elements:
	• Height variation: a change in roof heights of at least 10 ft. every 150 linear ft.
	• Height averaging: Height averaging where a portion of the building may exceed the baseline height provided that the height of the entire project is equal to or does not exceed the baseline height. Except that within 100 ft. of a R1 & GH Zone, the height of the building shall not exceed 45ft. and within 50 ft. of a R2, R3, & R4 Zone, the height of the building shall not exceed the baseline height (above). (12)
	• Corner: A ground level plaza or a prominent corner feature that is differentiated by height and design features from the primary massing of the building by a minimum of 10 ft. To qualify, corner feature shall have a measurement of at least 25 linear ft. in each direction.
Open Space (10)	Projects shall provide open space that is both accessible to the public and open space that is for the exclusive use of on-site residents based on the following formula: • 10% of gross site area (<2 acre site), OR 15% of gross site area (>2 acre site); PLUS • 100 square feet per residential unit (includes live-work units) The total open space requirement resulting from the above calculation shall be distributed between publicly accessible open space and private open space as noted below:
Publicly accessible open space	• A minimum of 50% of the required open space must be publicly accessible and located along the street frontage or directly accessed from a public sidewalk. • See additional standards in Section 21.15.040(b).
Private open space	• Private open space may be provided in any combination of the following three ways: Additional publicly accessible open space above the minimum requirement. Common open space for residents only (interior courtyards and decks). Private balconies and patios (min. dimension of 4 ft.) • A min. of 20% of the total required common open space for residents must be landscaped with live plant material.
Façade and Massing Variation	Blank expanses of walls and lack of variation in the façade is not an acceptable design. Recesses and projections of the façade in combination with changes in colors, materials, and articulation create the desired quality and visual interest. In every building frontage, at least one of the following elements shall be incorporated:
Modulation	Major recess/projection of at least 2 ft. depth and 4 ft. in width every 150 linear ft. plus a minor recess/projection of at least 1 ft. depth and 2 ft. in width every 50 linear ft.
Delineated base, middle, top	• Change in materials (acceptable street level materials include a preponderance of brick, wood, stone, or similar detailed materials. Above the first floor, no more than 80% of an elevation may be clad in EIFS or stucco); or • Design that creates distinct vertical and horizontal visual separation through color, material, cornice trim, and/or awnings; or • Upper level step-backs.
Building Separations (10)	A building separation shall be provided on each street facing building elevation of 250 linear feet or more through at least one of the following means: • A building separation of an average width of 40 ft. and an average depth of 25 ft. with a minimum 1,200 sf of area that extends to the street level and is open to the sky; OR • A building separation that begins at the second floor of an average width of 40 ft. and an average depth of 20 ft. that is open to the sky. The ground level floor within the separation area must be set back an average of 5 ft. from the main building façade.
Between separate structures	10 ft. min. with an average of 20 ft. except 15 ft. average between sidewalls and front or rear of other buildings. No setbacks are required between buildings with no openings on adjoining walls. See Section 21.08.050(b) for accessory structures.
Minimum residential floor area (8)	Minimum floor area requirements for residential units. Per Section 21.08.040, Residential zoning district general development standards, Table 2-4.
Minimum residential storage areas	Each dwelling unit shall have a minimum of 200 cubic feet of individually enclosed, weatherproofed and lockable storage space. Such space shall be for the sole use of the occupant of the dwelling unit and may be provided within individual storage lockers, cabinets or closets within the garage area if neither the space nor the doors leading thereto overhang a parking space assigned to another unit. Storage areas inside units must be separate from typical forms of interior storage including closets, pantries, linen closets, and kitchen/bathroom closets.
Landscaping	As required by Chapter 21.20 (Landscaping) excepting that the provisions of Section 21.20.040, Landscape area requirements, shall not apply.
Parking	Per Section 21.15.040(i)
Signs	As required by Chapter 21.24 (Signs). Prior to issuance of first sign permit, a master sign program shall be prepared and approved by the city that establishes site-specific standards.

Notes:
(1)	Maximum allowed height of structures. See also Section 21.18.050 (Height measurement and height exceptions).
(2)	For the purpose of calculating floor area, floor area shall not include carports, garages, parking garages, elevator shafts, mechanical rooms, and exterior patios associated with the use within the same development. Outdoor uses such as patios and dining areas shall not be counted as part of the floor area.
(3)	Underground parking and basements with non-habitable space are allowed and are not counted toward the height measurements.
(4)	Mezzanines/lofts allowed and are not counted as a floor/story if no more than 1/3 of the unit's total floor area.
(5)	The following uses are included in the calculation of nonresidential space: indoor retail, restaurant, service commercial, entertainment, lodging, commercial gym/fitness center, and other similar business/employment uses as determined by the director. Does not include dedicated outdoor seating for restaurants. Where public or publicly accessible non-residential space is provided above the ground floor, it shall be included in the calculation of the required non-residential space. Live-work units may count up to a maximum of 10% of the required minimum non-residential area of a project. Of the qualifying live-work units, 50% of the first floor of a live-work unit may be counted toward the minimum non-residential area except that the entire non-residential area of a live-work area may count toward the minimum non-residential area when clearly delineated on the floor plan. See Section 21.15.040(c) for additional live-work requirements.
(6)	A fiscal analysis will be required to show long-term fiscal benefit. If necessary, the minimum non-residential area shall be adjusted upwards to ensure a positive fiscal benefit to the community.
(7)	Step-backs: the minimum distance that the main exterior walls of the upper portion of a building that is located above the specified baseline height are set back from the exterior wall of the lower portion of the building (portion below the noted baseline height).
(8)	As part of a density bonus request, smaller unit sizes with taller ceiling heights may be considered as a waiver/concession as a way to increase affordability and maintain quality.
(9)	Elevator and stair overruns shall not be counted as part of the roofline modulation.
(10)	For purposes of measuring averages used in this chapter (setbacks, step-backs, building separations, open areas), measurements shall be taken from the exterior wall of the main habitable building and shall not be measured from the edges of covered and uncovered balconies, porches, and decks, nor measured from the edges of canopies, awnings, non-habitable architectural projections, and similar features.
(11)	See Section 21.15.040(m) for permitted encroachments.
(12)	The purpose of height averaging is to allow additional building height above the baseline height when it is counter-balanced by lower heights elsewhere in the same building. Height averaging shall not be applied to allow parking or accessory structures to exceed the applicable baseline height except when the parking structure is completely wrapped by residential or nonresidential portions of the building to at least the baseline height. Additional height above the baseline height shall be located on the opposite side of the building from existing residential zones immediately abutting the project site, except for the parking structure in a completely wrapped design.
(13)	The density of individual buildings may exceed 40 units per acre provided that the average density of the entire MU-2 zoned area or contiguous MU-2 zoned area does not exceed 40 units per acre except as noted under Variations of residential density.
(14)	A master plan for the development of the entire area within the boundaries of a MU-2 zoned area or a contiguous MU-2 zoned area shall be required to be approved prior to or in conjunction with the development of any individual parcel or phase within the particular MU-2 zoned area that contains the project. This applies even if individual parcels within the boundaries of a MU-2 zoned area or a contiguous MU-2 zoned area are under separate ownership. While a MU-2 zoned area may develop in phases or as individual parcels smaller than 5 acres, it is intended that MU-2 zoned areas be planned in a cohesive manner per the standards of the MU-2 zone and not as individual and unconnected projects.

(b) Publicly Accessible Open Space.

(1) Publicly accessible open spaces are outdoor spaces accessible to the public and designed to facilitate community gathering.

(2) Publicly accessible open spaces may accommodate freestanding shading elements (trellis, umbrellas, patio covers, etc.) provided that no more than fifty percent of the open space is covered; however, permanent building projections from the building wall shall not occupy publicly accessible open space.

(3) Publicly accessible open spaces can be publicly or privately owned and maintained. Maintenance responsibility shall be determined on a case-by-case basis. However, in all cases, control over the use and activities permitted within open space that is privately owned shall be held by the private property owner, and the private property owner shall assume all responsibility of maintaining such open space.

(4) All public open spaces shall abut and be at the same grade as the abutting public sidewalk or be otherwise connected to public sidewalks and shall be open to the public, at a minimum, during the operating hours of the project. At the discretion of the public works director/designee, public access to a public open space may be restricted after dark.

(5) The minimum average dimension of a publicly accessible open space in any direction shall be twenty feet (measured from back of property line).

(6) A special feature (public art, water feature, specimen tree, etc.) and convenience features (seating, trash receptacles, bike racks, etc.) shall be provided in each non-contiguous area used to satisfy the publicly accessible open space requirement.

(7) A minimum of ten percent of each non-contiguous area used to satisfy the publicly accessible open space requirement shall be landscaped with live plant material.

(8) The areas within the required street frontage setback may be used to satisfy the publicly accessible open space requirement only when such areas are designed and available as functional public open space. To be considered functional, the space must be publicly available during operating hours, used for activities such as common outdoor seating for adjacent businesses and the public, and contain public amenities such as fountains, art, outdoor games/activities. The remaining front setback area shall be landscaped. The intent of this provision is to ensure that front setback areas counted as publicly accessible open space are usable and functional to the public.

(9) The following do not qualify as publicly accessible open space:

(A) Areas dedicated to vehicular circulation, access, fire lanes, and parking;

(B) Portions of public sidewalk located on public or private property;

(C) Areas dedicated for the exclusive use of tenants;

(D) Areas dedicated as public right-of-way;

(E) Areas dedicated for exclusive use of utilities and utility access;

(F) Areas dedicated to trash collection, deliveries, and loading/unloading of passengers;

(G) Private outdoor dining areas;

(H) Areas occupied by subterranean garage ventilation;

(I) Circulation areas (paths of travel, etc.) that exceed ten percent of the total contiguous open space;

(J) Ground floor space under an upper floor balcony (not open to the sky);

(K) Areas with a dimension of less than ten feet (measured from back of sidewalk);

(L) Areas that do not contain public amenities.

(c) Design. The following design elements shall be incorporated into mixed-use projects.

(1) Ground Floor Residential Units. Ground floor residential units must have access from the street frontage or a pedestrian walkway. Ground floor access to the building shall be secured. All ground floor units shall include interior window coverings facing the public right-of-way.

(2) Residential Buffers. Residences shall be provided separation and/or screening from commercial uses, sidewalks, trash collection areas, and parking areas through considerations such as: building orientation, orientation of windows/private open space, privacy screening features/walls, landscaping, and perimeter walls. Windows shall face away from loading areas, docks, and trash storage areas.

(3) Residential Compatibility. Potential sources of disturbing noise, odors, vibration, and light and glare to the residential components of mixed-use projects shall be mitigated per the California Building Code. Studies may be required to verify compliance prior to issuance of a building permit.

(4) All building elevations shall be treated equally in terms of quality of materials, details of design elements.

(5) All projects shall include a combination of at least three colors and/or materials on each elevation.

(6) Ground level floors shall be visually separated from the upper floors through the use of architectural elements for a minimum fifty percent of each building frontage length. Awnings, canopies, lintels, cornice trims, or a variety of colors, materials, or upper story step-backs may be provided at varying heights to provide variety along each building elevation.

(7) Each building façade shall include elements such as changes in materials, textures, building recesses/projections, columns, recessed windows/entries, and awnings to avoid blank walls and unarticulated buildings.

(8) Nonresidential Ground Floors. Nonresidential uses along street frontages shall meet the following requirements:

(A) Minimum depth of twenty-five feet.

(B) Minimum of sixty-five percent of the building façade located between thirty inches and eighty-four inches from the ground floor shall be devoted to transparent windows and/or doors. Dark tinted, reflective, or opaque glazing shall not be counted towards the minimum percentage.

(9) A variety of window sizes shall be provided on each elevation to create visual interest. The top and base of windows shall be different.

(10) Live-work units shall be located on the ground floor and shall include stoops and storefronts on the street frontage.

(11) A valid business license shall be required for the occupants of each live-work unit. Property management shall provide an annual report to the planning director certifying that each occupied live-work unit has a valid business license associated with the unit.

(d) Laundry Facilities. Laundry facilities shall be provided for the residential component of any mixeduse development. Common laundry facilities for the exclusive use of the residents shall be provided on-site unless laundry facilities are provided within each unit. Common laundry facilities shall be secure and well lit from dusk until dawn. Washers and dryers shall be provided at the following ratios:

(1) One washer and dryer for every fifteen units where hook ups are not provided in each individual unit.

(2) One each washer and dryer for every twenty-five units where hook ups are provided in each individual unit.

(e) Mail distribution areas shall be well lit and secure but shall remain open to the tenants at all times.

(f) Private Amenities. Two private amenities for the use of all residents shall be provided for each fifty residential units. Multiple but separate amenities of the same type may be used to meet this requirement. Amenity features may include, but are not limited to:

(1) Indoor or outdoor recreation area;

(2) Gym/yoga;

(3) Swimming pool/hot tub;

(4) Lounge;

(5) Common area balcony or rooftop deck;

(6) Barbeque areas;

(7) Electronic game room;

(8) Similar non-required uses as determined by the director.

(g) Refuse/Recycling/Organics Collection.

(1) Per Section 21.18.100 except as noted herein or as shown in an approved trash management plan prepared by a professional trash management company.

(2) Separate collection facilities shall be provided for residential and non-residential uses.

(3) Trash collection shall be within enclosures so that trash bins are not visible. Trash chutes shall be placed in enclosed rooms with design consideration to minimize odors and noise. Trash bins shall be stored in an enclosed space except for trash pickup days. When trash chutes are utilized, the trash collection areas do not need to be located within a minimum distance from the doorway of the dwellings that they are in-tended to serve.

(4) Refuse/recycling/organics collection bins shall be stored in an enclosed space except for trash pickup days. On trash pickup days, bin collection shall occur on site or within newly created loading, drop off and pullout areas outside of the required public street and shall be located in areas that minimize noise impacts to residents. Bin collection areas shall not be located in required parking spaces and open space, or block vehicular access, bus stops, pedestrian access, deceleration lanes, and access to residential amenities.

(5) Trash, recycling and organics storage areas must be covered or stored under a structure to prevent storm water from coming in contact with the containers or the interior of storage area.

(6) A trash, recycling and organics storage area may be located below grade if the access ramp does not exceed fifteen percent, and the minimum clearance at every point along the path of access is seven feet. These requirements do not apply if the said trash, recycling and organics area is otherwise serviced by freight elevators.

(7) The trash, recycling and organics storage area shall be maintained in a good state of repair at all times.

(8) All trash, recycling and organics containers shall be stored in the designated storage area. No one shall store trash, rubbish or containers for trash, recycling or organics in any building, open area or any other area outside the designated storage area.

(h) Loading Zones. Loading and deliveries zones for commercial uses shall be provided on site in an area proximate to the commercial areas. Separate loading areas for residential purposes shall be provided on-site. Loading zones shall not be located in required parking spaces and open space, or block vehicular access, pedestrian access, access to residential amenities, deceleration lanes or bus turnouts.

(i) Parking Regulation.

(1) Parking requirements shall apply on a per unit basis for residential uses and, for non-residential use, on a gross leasable square footage basis. Excluded from the square footage calculation for non-residential parking requirements are parking garages, hallways, trash storage areas, utility areas, refrigerators, and food storage areas.

(2) Parking requirements shall be calculated for each separate use on a site as follows:

TABLE 2-12
MIXED-USE PARKING REQUIREMENTS
	Standard (1)
Retail sales and service, professional office, medical offices, convenience, personal service, and for initial development when uses are unknown (spaces per 1,000 s.f.)	4 min/6 max
Eating & drinking establishments
• Establishments with no seating (spaces per 1,000 s.f.)	3 min/6 max
• Other (spaces per 1,000 s.f.)	5 min/10 max
Entertainment & recreation (spaces per 1,000 s.f.)	4 min/10 max
Civic & cultural
• Public assembly (spaces per 1,000 s.f.)	15 min/30 max
• Other (spaces per 1,000 s.f.)	3 min/4 max
Lodging (spaces per guest room)	1 min/1.2 max
Live/work
• spaces per unit	See Residential uses
• spaces per non-resident employee	0.75 min/1 max
Residential
• spaces per studio unit	1 min/1.5 max
• spaces per 1 br unit	1.5 min/1.5 max
• spaces per 2 br unit	2 min/2 max
• spaces per additional br	0.5
• guest spaces per 4 units	1.5 min/1.7 max

Note:
Development applications shall specify each use and their respective parking amount based on these ratios. The total parking required will be the sum of all specific uses.
(1)	Parking maximums apply to surface (unstructured parking) only.

(3) Resident parking spaces shall be reserved for tenants of individual residential units and shall have separate and secured access from the parking for the commercial/retail uses and residential guests. Tandem parking is permitted if each residential unit has at least one parking space that is directly accessible at all times. Tandem parking must be assigned to individual units, and both the front and rear space must be assigned to the same unit.

(4) Parking Lot Design. Per Sections 21.22.070 and 21.22.080, except that parking for residential uses shall be located within two hundred fifty feet of and on the same floor as the unit it is intended to serve.

(5) Parking structures facing residential zones shall have all exterior walls designed to mimic the design of the design and treatment of the habitable building.

(6) Except for surface parking or the entry to a parking garage, ground level parking shall not be visible from the street.

(7) Parking garages at the street level shall be fronted by active retail or other habitable ground floor uses along the sidewalk.

(8) Garage doors/gates shall be set back from the face of the adjacent building wall by at least 4 ft. and unique paving shall be provided equal to the width of the driveway.

(j) Residential Bicycle Storage Areas. Secure, adequate and convenient storage shall be provided for the tenant's bicycles. Provide secure bicycle parking for five percent of the tenant-occupant vehicular parking spaces with a minimum of one bicycle parking facility. Acceptable bicycle parking includes covered, lockable enclosures with permanently anchored racks for bicycles; lockable bicycle rooms with permanently anchored racks; or lockable, permanently anchored bicycle lockers.

(k) Property Management. Management office(s) shall be mandatory for multifamily developments of ten or more units and shall be staffed daily and be located at a main, visible point within a multifamily project. Non-residential uses shall also be professionally managed. Covenants, conditions, and restrictions or an equivalent document as determined by the planning director shall be established for any multi-tenant commercial space.

(l) Use of Common Areas and Publicly Accessible Open Space. Temporary uses are permitted in common areas and publicly accessible open space with issuance of a temporary use permit in accordance with Chapter 21.48, subject to the following modifications:

(1) Arts and crafts exhibits, farmer's markets, festivals, and food events are permitted for up to ninety days within a twelve-month period.

(2) Minor Temporary Uses. Minor temporary uses such as sales booths/carts and food trucks are permitted when approved by the property manager.

(m) Encroachments. The following may encroach into the required setbacks and step-backs in the MU Zones:

(1) On the roof of a lower floor created by a required step-back: decks to the edge of the lower floor's main building wall.

(2) Unenclosed ground level porches: eight-foot encroachment.

(3) Non-habitable cantilevered architectural features from the exterior building wall of the main structure, including canopies, awnings, cornices, and eaves, may extend up to five feet into required setbacks and step-backs. On the ground floor facing a street, these features may extend ten feet into the required setbacks but in no case into the public right-of-way.

(4) Outdoor seating and dinning is permitted in street frontage setbacks.

(5) Private open space is permitted in interior setbacks.

(6) Mechanical, fire safety and electrical equipment when screened/camouflaged unless approved otherwise based on written requirements of the controlling agency.

(7) No more than forty percent of balconies shall extend beyond the main habitable building wall of each elevation and the maximum projections shall be twenty-five percent of the balconies' full depth. All other balconies shall be recessed behind the main habitable building wall of each elevation.

(8) No portion of a building shall encroach into the public right-of-way.

(Ord. 1582 § 4, 2022; Ord. 1588 § 4, 2022)