The mixed use districts provide for the compatible and beneficial
mixture of commercial, office and residential uses in a single structure
or on a single site. These districts are designed to achieve a convenient
business and residential environment in areas where multiple activities
and an increased degree of pedestrian orientation are considered to
be desirable. The districts also provide a transitional or buffering
zone between exclusive nonresidential and residential districts. Residences
in the Mixed Use District provide housing near sources of employment
or commercial and professional services—an alternative to exclusively
residential districts. This alternative housing is intended to add
to the City's supply of affordable housing, reduce commutes between
home and work, and promote a strong, stable, and desirable pedestrian-oriented
business environment.
(a) Commercial/Residential
(C/R). The Commercial/Residential (C/R) district provides for compatible
mixtures of commercial and office uses, and residential units in the
same building or on the same parcel. Allowable commercial and office
uses include those that are typically permitted in the Community Commercial
(CC) districts. These uses provide for a commercially-oriented environment
that also offers compatibility for residential uses. The only projects
allowed in this district are commercial or mixed use (commercial/residential)
projects. Residential development is only permitted in conjunction
with commercial development as part of a mixed use project.
(b) Residential/Commercial-18 (R/C-18). The Residential/Commercial-18 (R/C-18) district provides for a mixture of residential uses with commercial and office uses in the same building or on the same parcel. Allowable commercial and office uses include those which are visitor serving in nature and at the same time are compatible with residential uses such as bed and breakfast inns, restaurants, specialty and convenience shops and recreation/open space uses such as coastal recreation equipment, rental shops and environmental education facilities related to coastal ecology. This district provides for a residential density of 18 units per acre. New development within Residential/Commercial-18 shall be sited in a manner that minimizes the residential development residents' vehicle miles traveled (VMT). VMT siting considerations shall include, but not be limited to: close proximity of the new development to existing or planned transit stops (efforts should be made to site residential development within one-half mile to existing or planned transit stops); walkability to commercial development like restaurants, grocery stores and cultural venues; and close proximity to, and/or provision of, bicycle amenities like bicycle racks and bicycle lanes or dedicated bicycle pathways. It implements the State's Mello Act and the City's goals, objectives and policies for production of affordable housing by requiring that any project of new construction with more than ten residential units, which is located within the Coastal Overlay District, shall be required to provide a minimum 10% of the total housing units as "affordable units," as defined in the Housing Element of the City's General Plan and pursuant to the provisions of the aforementioned State's Mello Act. The only projects allowed in this district are mixed use (residential/commercial) projects. The gross floor area for commercial uses is limited to a maximum of 10% of the total site area. Properties fronting Pacific Coast Highway are required, at a minimum, to provide visitor serving commercial uses on the ground floor of all the buildings fronting Pacific Coast Highway, for a minimum depth of 40 feet. (Visitor serving uses are those allowed under the Visitor/Recreation Commercial (V/RC) zoning designation in Sections
9.11.010 and
9.11.020(b)).
(c) Professional/Residential
(P/R). The Professional/Residential (P/R) district includes a mixture
of professional offices and residential use in the same building or
on the same parcel. Allowable professional uses typically include
those that are permitted in the Professional/Administrative (P/A)
district. These uses provide for a professional office-oriented environment
that also offers compatibility for residential uses. The only projects
allowed in this district are professional or mixed use (professional/residential)
projects. Residential development is only permitted in conjunction
with professional development as part of a mixed use project.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 09-06, 7/27/09; Ord. 12-05, 5/1/12)
(a) Several
classes of use are allowed in Mixed Use Districts. Each of these classes
must promote the mixed use character of the districts. These classes
of uses are:
(1) Permitted Use — allowed by right if no discretionary review is required. Certain permitted uses, indicated by a P*, are also regulated by provisions contained in Chapter
9.07.
(2) Accessory Use — allowed by right if accessory to a permitted
or conditional use.
(3) Temporary Use — allowed on a temporary basis in accordance with the provisions of Chapter
9.39.
(4) Conditional Use — allowed subject to the approval of a Conditional Use Permit in accordance with the provisions of Chapter
9.65. Certain conditional uses, indicated by a C*, are also regulated by provisions contained in Chapter
9.07.
(5) Prohibited Use — not allowed in the subject mixed use district.
(b) Certain uses other than permitted uses may not be suitable or desirable in every location within Mixed Use Districts and, therefore require a Temporary Use Permit as described in Chapter
9.39, or discretionary review through the Conditional Use Permit process described in Chapter
9.65.
(c) The
following Table lists the classification of allowable uses in Mixed
Use Districts. Any use not expressly allowed is prohibited.
SECTION 9.13.020(c) MIXED USE DISTRICTS
|
---|
LAND USES
|
C/R
|
R/C-18
|
P/R
|
---|
Administrative Office Uses
|
P
|
P
|
P
|
Adult Day Care Facility
|
C
|
X
|
C
|
Alcoholic Beverage Outlet
|
P*/C*
|
P*/C*
|
P*/C*
|
Automotive Sales and Rental Uses
|
C* (1)
|
C* (1)
|
X
|
Bed and Breakfast Inn
|
|
C
|
|
Business Service Uses
|
P
|
X
|
P
|
Caretaker's Residence
|
C
|
C
|
C
|
Civic Uses
|
C
|
C
|
P
|
Clinical Service Uses
|
P
|
C
|
P
|
Commercial Antenna
|
C
|
C
|
C
|
Community Care Facility
|
C
|
X
|
C
|
Congregate Care Facility
|
C
|
X
|
C
|
Congregate Living Health Facility
|
C
|
X
|
C
|
Convalescent Facility
|
C
|
X
|
C
|
Cultural Uses
|
P
|
P
|
P
|
Day Care Centers
|
P
|
X
|
C
|
Day Treatment Facility
|
C
|
X
|
C
|
Drinking Establishments
|
P*/C*
|
P*/C*
|
X
|
Drive Through Uses
|
C (5)
|
X
|
X
|
Drug Abuse Recovery or Treatment Facility
|
C
|
X
|
C
|
Dwelling Unit, Multiple Family
|
A (2)
|
P (3)
|
C (2)
|
Dwelling Unit, Single Family
|
P (4)
|
P (4)
|
C (2)
|
Educational Uses
|
X
|
X
|
C
|
Family Day Care Home, Large
|
C
|
C
|
C
|
Family Day Care Home, Small
|
C
|
C
|
C
|
Food Service Uses, Specialty
|
P
|
P
|
C
|
Group Dwelling/Group Home
|
C
|
X
|
C
|
Hospital, Acute Psychiatric
|
C
|
X
|
C
|
Hospital, Chemical Dependency Recovery
|
C
|
X
|
C
|
Hospital, General Acute Care
|
C
|
X
|
X
|
Hospital, Special
|
C
|
X
|
C
|
Intermediate Care Facility
|
C
|
X
|
C
|
Live Entertainment Uses
|
C*
|
C*
|
X
|
Medical Office Uses
|
P
|
P
|
P
|
Membership Organizations
|
P
|
P
|
C
|
Minor Repair Service Uses
|
P
|
C
|
P
|
Mixed Use Center
|
P
|
P
|
P
|
Mobilehome Park
|
P (6)
|
X
|
X
|
Open Space
|
P
|
P
|
P
|
Park, Public
|
P
|
P
|
P
|
Personal Service Uses
|
P
|
P
|
P
|
Photographic, Reproduction and Graphic Service Uses
|
P
|
P
|
P
|
Professional Office Uses
|
P
|
P
|
P
|
Public Utility Uses
|
C
|
X
|
X
|
Recreational Uses
|
C
|
C
|
C
|
Religious Uses
|
C*
|
C*
|
C*
|
Research and Development Uses
|
P
|
X
|
P
|
Residential Care Facilities for the Elderly
|
C
|
X
|
C
|
Residential Facility
|
C
|
X
|
C
|
Restaurant
|
P
|
P
|
C
|
Restaurant, Take-Out
|
P
|
P
|
C
|
Restaurant, Walkup
|
P
|
P
|
C
|
Retail Sales Uses
|
P
|
P
|
C
|
Sanitarium, Health
|
X
|
X
|
C
|
Sanitarium, Mental
|
X
|
X
|
C
|
Senior Citizen Housing
|
C
|
C
|
C
|
Single Room Occupancy
|
C
|
C
|
C
|
Skilled Nursing Facility
|
C
|
X
|
C
|
Small Family Home
|
C
|
X
|
C
|
Social Day Care Facility
|
C
|
X
|
C
|
Social Rehabilitation Facility
|
C
|
X
|
C
|
Temporary Uses
|
T*
|
T*
|
T*
|
LEGEND:
|
|
---|
P = Permitted Use
|
P* = Permitted Use subject to special use standards (see Chapter 9.07)
|
C = Conditional Use
|
C* = Conditional Use subject to special use standards (see Chapter 9.07)
|
T = Temporary Use
|
T* = Temporary Use subject to special use standards (see Chapter 9.39)
|
X = Prohibited Use
|
A = Accessory Use
|
|
---|
(1)
|
Accessory repair or service of motor vehicles is prohibited,
but the incidental installation of parts or accessories, excluding
mechanical components, is permitted.
|
(2)
|
Permitted only as an accessory use to commercial or professional
uses in a mixed use project and located on the second floor only.
|
(3)
|
Permitted only as part of a mixed use project. In compliance
with the Mello Act, new construction projects of more than ten residential
units which are located within the Coastal Overlay District are required
to provide a minimum 10% of the units as "affordable units."
|
(4)
|
A single family detached unit may only be permitted to replace
an existing nonconforming single family residence. The replacement
residence shall be developed in accordance with the development standards
of the RSF 7 district. Single family attached units may be constructed
as an accessory use in a mixed use project.
|
(5)
|
Permitted with a Conditional Use Permit which shall be reviewed and approved by the Planning Commission and precludes restaurant/food uses, and liquor establishments, and permits such uses, but not limited to, dry cleaners, banks and pharmacies. (See Section 9.07.240)
|
(6)
|
Only those mobilehome parks in existence as of November 23,
1993 shall be permitted.
|
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-02, 1/11/94; Ord. 94-09, 5/24/94; Ord. 94-21, 12/13/94; Ord. 96-11, 8/27/96; Ord. 99-07, 8-10-99; Ord. 03-14, 8/27/03; Ord. 09-06, 7/27/09; Ord. 12-05, 5/1/12)
The following general development standards Table provides the minimum acceptable standards for development within the mixed use districts necessary to assure quality development and attractive local mixed use areas. The development standards are supplemented, and where applicable, superseded by the special development standards described in Chapter
9.05, Chapter
9.07, and Section
9.13.040. Parking standards are provided in Chapter
9.35.
SECTION 9.13.030
|
---|
MIXED USE DEVELOPMENT STANDARDS
|
---|
Development Standards (1)
|
Mixed Use Zoning Districts
|
---|
C/R
|
R/C-18
|
P/R
|
---|
(a) Minimum Lot Size (2)
|
5,000 sf
|
5,000 sf
|
5,000 sf
|
(b) Minimum Lot Width (2)
|
50 ft
|
50 ft
|
50 ft
|
(c) Minimum Lot Depth (2)
|
100 ft
|
100 ft
|
100 ft
|
(d) Maximum Lot Coverage
|
40%
|
40%
|
35% (3)
|
(e) Maximum Residential Density
|
10 du/net ac
|
18 du/net ac
|
10 du/net ac
|
(f) Maximum Height
|
31-35 ft (4)
3 stories (5)
|
31-35 ft (4)
3 stories (5)
|
31 ft
2 stories
|
(g) Standard Floor Area Ratio (nonresidential) (6)
|
.5:1
|
N/A
|
.5:1
|
(h) Standard Floor Area Ratio for Mixed Use Projects (6)
|
.7:1
|
N/A
|
.5:1
|
(i) Minimum Front Yard Setback
|
|
From Ultimate Public Street R/W Line
|
5 ft
|
5 ft
|
0 ft
|
(j) Minimum Side Yard Setback
|
|
|
|
Interior Side
|
0 ft
|
5 ft
|
0 ft
|
Street Side
|
5 ft
|
5 ft
|
5 ft
|
(k) Minimum Rear Yard Setback
|
|
|
|
Standard Lot
|
15 ft
|
15 ft
|
15 ft
|
Adjacent to Alley or Street
|
10 ft
|
10 ft
|
10 ft
|
(l) Minimum Open Space (required for residential portion of
development only)
|
|
|
|
Private:
|
100 sf per du
|
100 sf per du
|
100 sf per du
|
Common:
|
100 sf per du
|
100 sf per du
|
100 sf per du
|
(m) Minimum Landscape Coverage (7)
|
10%
|
15% (8)
|
15% (8)
|
(n) Minimum Building Separation
|
10 ft
|
10 ft
|
10 ft
|
(o) Minimum lockable, enclosed storage per residential unit
provided in garage or carport area
|
250 cubic feet
|
250 cubic feet
|
250 cubic feet
|
(p) Separate trash and recycling facilities areas shall be provided
for the residential component and the nonresidential component of
C/R and P/R developments
|
Yes
|
Yes
|
Yes
|
|
---|
(1)
|
See Chapter 9.75 for definitions and illustrations of development standards.
|
(2)
|
Development standard applies to proposed subdivisions of land. The standards may be waived by the Planning Commission when necessary to accommodate the parcel configuration for an integrated commercial development subject to approval of a Conditional Use Permit pursuant to Chapter 9.65.
|
(3)
|
An increase in lot coverage may be permitted with a Site Development Permit (pursuant to Chapter 9.71) provided that the development demonstrated exceptional design quality and improvements.
|
(4)
|
|
(5)
|
A maximum of 3 stories may be permitted in accordance with Section 9.05.200.
|
(6)
|
A maximum FAR of 1.5:1 may be permitted in accordance with Section 9.05.210.
|
(7)
|
All residential units shall be provided with 20 square feet
of private landscaped area which shall not be calculated in the minimum
landscape coverage.
|
(8)
|
A decrease in landscape coverage may be permitted with a Site
Development Permit with an approved landscape plan.
|
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 94-21, 12/13/94; Ord. 03-14, 8/27/03; Ord. 09-06, 7/27/09; Ord. 12-05, 5/1/12)
(a) Maximum
Density. The maximum residential density in the mixed use districts
is subject to the following requirements:
When residential dwelling units are combined with office, or
retail commercial uses in a single building or on the same parcel,
the maximum density shall be 10 dwelling units per net acre. The Floor
Area Ratio requirements do not apply to the residential portion(s)
of the structure.
The maximum residential density in the R/C-18 district shall
be 18 dwelling units per acre. Proposed development does not have
any presumptive development right or "entitlement" to the maximum
residential density of 18 dwellings units per acre; the actual development
allowed may be less than the maximum density due to localized conditions
identified during the development review process. Projects of new
construction with more than 10 residential units, which are located
within the Coastal Overlay District and in the R/C-18 district, are
also required to provide a minimum 10% of the total housing units
as "affordable units" in compliance with the Mello Act. Any affordable
housing units provided pursuant to
Government Code Section 65590(d)
shall be counted toward compliance with affordable housing requirements
of this Zoning district and the City's General Plan. The affordable
housing units are not counted in the density calculations of a project.
(b) Accessory Uses and Structures. Accessory buildings or structures are subject to the same height and setback requirements described for primary buildings and structures in Section
9.13.030 except as modified by Section
9.05.080, Maximum Projections into Required Yard Areas.
(c) Design
Compatibility. New improvements or uses to the site or structure shall
be sensitive to the fact that the new improvement or use will be within
a district that may act as a transition or buffer between intensive
nonresidential districts and residential neighborhoods. The new structure
or use shall be designed so that it does not impact the adjacent uses,
yet enhances the site's use as a buffer or transition.
The new improvement or use shall recognize internal compatibility
and create mutual enhancement with adjacent uses on-site. In order
to properly mix residential and nonresidential uses on the same site,
potential noise, odors, glare, excessive pedestrian traffic, or other
significant impacts shall be reduced to a level of insignificance.
New improvements shall be subject to the following additional standards:
(1) Sound Mitigation. All residential dwellings shall be designed to
be sound attenuated against present and future project noise. New
projects, additions to existing projects, or new nonresidential uses
in existing projects shall, under the discretion of the Director of
Community Development, prepare an acoustical analysis report (by a
City-certified acoustical engineer) describing the acoustical design
features of the structure required to satisfy the exterior and interior
noise standards (65db CNEL in outdoor living areas and an interior
standard of 45db CNEL). The report shall include satisfactory evidence
that the measures specified in the report(s) have been, or will be,
incorporated into the design of the project.
(2) Lighting Compatibility. All new projects, additions to existing projects,
and new nonresidential uses, shall mitigate any light and glare impacts
that may be directed towards on-site residential units. This may require,
at the discretion of the Director of Community Development, the preparation
of a photometric study which addresses the potential lighting impacts
upon the residential units, any proposed mitigation measures, and
evidence that the measures will be incorporated into the design of
the project.
(3) Design Standards. The design of the structure and site shall encourage
integration of the street pedestrian environment with the nonresidential
uses through the use of plazas and street furniture, yet use its design
to hinder the street pedestrian from direct access to the on-site
residential units.
The design of a mixed-use project shall ensure that the residential
units are of residential character, creating a home and not simply
a place to live. The design of the project shall ensure that privacy
between other residential units and between other uses on site shall
be maintained.
For projects in the R/C-18 zone, the ground floor area of any
building fronting Pacific Coast Highway, for a minimum depth of 40
feet, is restricted to visitor serving commercial uses. Projects are
also encouraged to coordinate visual and circulation linkages between
adjacent developments to create design continuity. Emphasis should
be on pedestrian orientation and pedestrian opportunities through
widened sidewalks and street facing plazas, courtyards and richly
planted landscape focus points oriented to the street. Appropriate
landscape buffers should be provided between street and pedestrians
and building sites.
(4) Parking Standards. Parking areas for mixed use projects shall incorporate
the following provisions:
(A) Reserved parking stalls and appropriate signage indicating so, shall
be required for each residential unit. This provision shall be included
within the association bylaws.
(B) Each residential unit shall be assigned a minimum 45 cubic foot exterior
storage space and bicycle locker capable of securing two bicycles.
(C) All parking areas shall be well lighted at all times.
(D) The design of the structure will incorporate safe passages from the
parking areas to the units. Enclosed corridors for pedestrian access
between parking areas and residential units, in excess of 10 feet
long, shall be prohibited.
(E) Surface parking shall not be located to front Pacific Coast Highway.
(5) Hours of Operation/Performance. In mixed use projects, nonresidential
uses shall be restricted from operation between the hours of 10:00
p.m. to 7:00 a.m.
(6) Joint Owners' Association. A joint resident/commercial/office owner's
association shall be formed in all mixed use projects to ensure the
well-being of each tenant on-site. The association shall be formed
of equal voting rights according to type of use (i.e., residential,
commercial, office). The association's bylaws at a minimum shall include
the following: determination of the maintenance and landscaping responsibilities,
trash facility responsibilities, parking facility maintenance responsibility,
assignment of parking spaces per each use, relationship between uses
regarding association representation, voting procedures, and ways
that problems are solved between the different on-site uses. The association
bylaws shall be subject to review and approval by the Director of
Community Development and City Attorney.
(7) Signage Standards. All site signage shall minimize potential impacts of light, glare and noise, upon the on-site residential units. Signage for all uses shall be compatible with each other, and appropriately integrated into the structure/site design. All proposed signage shall conform to Chapter
9.37, Sign Regulations.
(d) Sign Programs. Multi-tenant mixed use developments shall be required to obtain approval for a project sign program pursuant to Chapter
9.37.
(e) "Art-in-Public-Places" Program. All new development projects located in the zoning districts described in this Chapter are subject to the provisions of the "Art-in-Public-Places" Program as described in Section
9.05.240.
(f) In
addition to the Special Development Standards located above, the following
shall also apply to the site located at 34202 Del Obispo Street:
(1) There shall be at least a 25 foot setback from the property line
adjacent to the San Juan Creek Bike Trail. Only development necessary
to provide landscape features, pedestrian and bicycle uses and for
passive park purposes are allowed within this setback area.
(2) Public pedestrian and bicycle access to the San Juan Creek Bike Trail
shall be provided on-site.
(3) All streets and pedestrian and bicycle accessways shall be ungated
and available to the general public for parking, vehicular, pedestrian,
and bicycle access. All public entry controls (e.g., gates, gate/guard
houses, guards, signage, etc.) and restrictions on use by the general
public (e.g., preferential parking districts, resident-only parking
periods/permits, etc.) associated with any streets, on-street parking
areas, or pedestrian and bicycle accessways shall be prohibited.
(4) An adequate buffer shall be established during the development review
process between the South Orange County Wastewater Authority (SOCWA)
parcel and development located on the subject parcel. The buffer must
be located on the subject parcel and not the SOCWA parcel. Where necessary
to accommodate an adequate buffer, the amount/density of residential
development on-site shall be reduced and/or eliminated, as opposed
to reducing the amount/density of allowed commercial/visitor serving
uses on-site.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-13, 8/23/94; Ord. 09-06, 7/27/09; Ord. 12-05, 5/1/12)