City of Westminster, CA Chapter 17.260 MIXED-USE ZONES

§ 17.260.005 Purpose.

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)

§ 17.260.010 Mixed-Use Zoning District Land Uses and Permit Requirements.

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.

Table 2-8 Permitted Uses and Permit Requirements For Mixed-Use Zoning Districts
Land Use1	Permit Requirements by District		See Specific Use Regulations
	MU36	MU40
Industry, Manufacturing and Processing
Research and development (R&D)	CUP	CUP
Recreation, Education, and Public Assembly
Broadcast facilities for radio and/or televisions	P	P
Clubs, lodges, and fraternal organizations	P	P
Commercial entertainment and recreation:
Amusement center/park	CUP	CUP
Entertainment – in conjunction with eating and drinking establishments	CUP	CUP	Section 17.400.055
Indoor amusement/entertainment facilities:
Bowling alley	CUP	CUP
Ice skating	CUP	CUP
Pool and/or billiard rooms	CUP	CUP
Other defined indoor amusement/entertainment facilities	CUP	CUP
Limited entertainment – in conjunction with eating and drinking establishments	AUP	AUP
Outdoor commercial recreation	CUP	CUP
Theaters and auditoriums	CUP	CUP
Dance halls, reception halls, banquet facilities or related uses	CUP	CUP
Family day care home:
Family day care home 14 children or less	P	P
Family day care home 15 children or more	CUP	CUP
Health/fitness facilities (with or without massage establishment)	AUP	AUP
Health/fitness facilities (without massage establishment) less than 5,000 square feet	P	P
Nonprofit service-provider facility2	CUP	CUP
Publicly owned recreational and cultural facilities and events	P	P
Private recreational and cultural facilities	CUP	CUP
Private schools	CUP	CUP
Religious places of worship	CUP	CUP
Studios – art, dance, music, photography, etc.	P	P	Section 17.400.153
Tutoring centers	P	P
Vocational and trade schools	AUP	AUP
Residential
Accessory dwelling units and junior accessory dwelling units (in conjunction with a single-family or multifamily residence)	P	P	Section 17.400.135
Boarding and lodging house	CUP	CUP
Conversion of apartments to condominiums	CUP	CUP	Section 17.400.045
Conversion of hotels and motels to apartments	CUP	CUP	Section 17.400.080
Family day care homes	P	P	Cal. H & S Code 1597.30 et seq.
Home schooling, without a fee or charge	P	P
Home-based business	P	P	Section 17.400.075 Chapter 17.530
Live/work	P	P	Section 17.260.015(d)
Manufactured/modular housing	P	P
Mixed-use development	P	P
Mobile-home park (minimum 10 acres)	CUP	CUP
Incidental model home sales complex established on the same site as an approved residential development	P	P
Multiple-family dwellings	P	P	Section 17.400.125
One-family dwellings	CUP	CUP	Section 17.610.010 Section 17.400.120
Residential care facilities, 6 or fewer clients	P	P
Residential care facilities, 7 or more clients	CUP	CUP
Senior housing	CUP	CUP	Section 17.400.085
Supportive housing	P	P
Dwelling unit (excluding residential group living and/or boarding house)	P	P
Residential group living, 6 persons or less	P	P
Residential group living, 7 persons or more	CUP	CUP
Transitional housing	P	P
Dwelling unit (excluding residential group living and/or boarding house)	P	P
Residential group living, 6 persons or less	P	P
Residential group living, 7 persons or more	CUP	CUP
Two-family dwellings	CUP	CUP	Section 17.400.125
Retail
Alcohol sales:
For off-site consumption	CUP	CUP
For on-site consumption	CUP	CUP
For on-site consumption associated with a bona fide eating place not containing a bar or lounge	AUP	AUP
Animal sales (see Animal Sales and Services):
Pet shop	P	P
Antique store	P	P
Apparel: clothing, shoes, and accessories	P	P
Art/photography stores and galleries	P	P
Bakery (retail) or delicatessen	P	P
Book and stationery stores	P	P
Department stores	P	P
Drive-in and drive-through facilities	–	CUP	Section 17.400.050
Drug stores and pharmacies	P	P
Eating and drinking establishments:
Bars, night clubs	CUP	CUP
Café, coffee house, tea house	CUP3	CUP3	Section 17.400.030
Restaurant, take out	P	P
Florist/flower shop	P	P
Food and beverage sales:
Convenience stores	P	P
Grocery stores	P	P	Section 17.400.065
Liquor stores	CUP	CUP
Specialty stores	P	P
Furniture (finished or unfinished), furnishings, and appliance stores	P	P
General retail stores	P	P
Home improvement stores – sales and service	P	P
Meat market	P	P
Plant nurseries (retail) and garden-supply stores	P	P
Second-hand stores (retail outlet only-no acceptance of donated products)	P	P
Shopping center	P	P
Sporting goods and equipment store	P	P
Stationery and office supplies	P	P
Vehicle sales, including automobiles and motorcycles:
New vehicles, retail4	P	P
Used vehicles	–	CUP
Vehicle parts sales – no installation and/or servicing	–	CUP
Vehicle parts sales – with installation and/or servicing	–	CUP
New recreational vehicle sales4	–	CUP
Wholesale vehicle dealer independently developed from a new vehicle dealership and involving the storage of vehicles on-site	–	CUP
Warehouse retail stores	P	P
Services
Acupressure	CUP	CUP
Acupuncture	P	P
Animal services (see Animal Sales and Services):
Pet day care	AUP	AUP	Section 17.400.025
Animal grooming	AUP	AUP	Section 17.400.025
Veterinary clinics and animal hospitals	–	CUP	Section 17.400.025
Astrology and fortunetelling establishments	P	P
Automated teller machines (ATMs)	P	P
Banks and financial institutions	P	P
With drive-thru	–	CUP
Without drive-thru	P	P
Bicycle repair, sales, and rental	P	P
Business and consumer-support services	P	P
Check-cashing business	CUP	CUP
Civic center uses and facilities	P	P
Day care facilities:
Adult day care centers	CUP	CUP
Child day care centers	CUP	CUP
Drive-thru facilities and services	–	CUP	Section 17.400.050
Hotels and motels5	CUP	CUP
Laundromat – coin operated	P	P
Massage establishments as defined in Title 5	P	P	Section 17.400.095
Medical services:
Clinics	AUP	AUP
Labs	–	CUP
Hospitals	CUP	CUP
Offices (medical or dental)	P	P
Offices:
Administrative/business	P	P
Government	P	P
Production	P	P
Professional	P	P
Offices for wholesale businesses	P	P	Section 17.400.100
Pawnshops	AUP	AUP
Personal services:
Barber	P	P
Dry cleaning – pick-up/drop-off only	P	P
Dry cleaning – with cleaning facilities	P	P
Hair/nail salon	P	P
Laundromat	P	P
Mail-box services	P	P
Medical spa	AUP	AUP
Shoe repair and service	P	P
Spa/sauna	AUP	AUP
Tailoring	P	P
Public safety facilities	CUP	CUP
Public utility facilities	CUP	CUP
Recycling facilities – incidental use
Reverse vending machines	P	P	Section 17.400.115
Small collection facility	CUP	CUP	Section 17.400.115
Large collection facility	CUP	CUP	Section 17.400.115
Service stations	CUP	CUP	Section 17.400.145
Tattoo parlor or dermatography studio	CUP	CUP	Section 17.400.155
Ticket and travel agency	P	P
Vehicle services:
Automobile broker – office only and no vehicle display	P	P
Transportation and Communications
Bus depot	CUP	CUP
Parking facility, public or commercial	P	P
Wireless communication facilities – screened and/or co-located	P	P	Section 17.400.175
Wireless communications facilities – unscreened	CUP	CUP	Section 17.400.175

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)

§ 17.260.015 Mixed-Use Zoning District Development Standards.

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.

Table 2-9 Mixed-Use District Development Standards
Development Feature	Requirements by District
	MU36	MU40
Minimum lot size	No minimum	No minimum
Maximum residential density	1 unit per 1,210 SF (36 du/ac)	1 unit per 1,089 SF (40 du/ac)
Maximum building height:1
Mixed-use development (residential and nonresidential component)	5 stories not to exceed 75 feet	6 stories not to exceed 95 feet
All other types of development	5 stories not to exceed 60 feet	6 stories not to exceed 75 feet
Maximum nonresidential floor area ratio (FAR)	1.0
Minimum dwelling unit sizes	Studio: 550 SF 1 bedroom: 600 SF 2 bedroom: 800 SF 3 bedroom: 1,000 SF
Setbacks:1
Front, 1st story2, 3	Minimum: 5 Maximum: 15 feet4	Minimum: 7 Maximum: 20 feet4
Front, 2nd and upper stories	See 17.260.015(B)
Side, interior lot	None required	None required
Side, corner lot	Minimum: 5 Maximum: 15 feet	Minimum: 7 Maximum: 20 feet
Rear	Minimum: 10 feet	Minimum: 15 feet
Distance between buildings on the same lot	Minimum 10 feet
From Garden Grove Boulevard	Minimum additional 20 feet beyond standard setback
Minimum vertical clearance	9 feet above pedestrian pathways; 13.5 feet above vehicular travel ways
Off-street parking and loading	As required by Section 17.260.015(E), and Chapter 17.320
Open space:5
Multiple-family residential (no nonresidential component)	Minimum of 40 SF of private open space per unit for at least 75 percent of units; the remaining 25 percent of the units may use common open space only to satisfy this requirement if desired; and Minimum of 60 SF of common open space per unit
Nonresidential development (no residential component)	20 percent of the site; a maximum of 80 percent of the open space area may be decorative hardscape
Mixed-use development (residential and nonresidential components)	Shall provide private open space consistent with the requirements for multiple-family residential; and For horizontal mixed-use development, common open space consistent with the greater requirement of either a multiple-family residential or a nonresidential development; or For vertical mixed-use development, common open space consistent with the lesser requirement of either a multiple-family residential or a nonresidential development
Landscaping	As required by Chapter 17.310; a maximum of 20 percent of the landscape requirement may be met through plants on rooftops, porches or in boxes attached to buildings
Signs	As required by Chapter 17.330
Storage and loading of recyclable materials	As required by Section 17.300.045
Fences, walls used as fences, latticework screens, hedges, or thick growths of shrubs or trees, and open-mesh wire fences	As required by Section 17.300.030

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 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.

Figure 2-1: Upper Floor Change

Figure 2-2: Vertical Façade Break

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

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.

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.

Figure 2-5: Public Realm Standards

Figure 2-6: Open Exposure (Transparency) Standards

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.

Table 2-10 Number of Parking Spaces Required by Use for Mixed-Use Districts
Use	Requirements by District
	MU36	MU40
Multiple-family residential	1 or fewer bedrooms: 1.5 spaces per unit 2 bedrooms: 2.0 spaces per unit 3 bedrooms or more: 2.5 spaces per unit
Live/work	3.0 spaces per unit
All other uses	Section 17.320.020

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 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 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.

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)