This chapter establishes use regulations and development standards for the City's mixed use districts. Mixed use districts are intended to provide suitable locations for a wide variety of interrelated and compatible commercial, office, residential, civic, and entertainment uses in a pedestrian oriented environment. Uses will vary in composition and intensity based on location, accessibility, and surrounding development context.
In addition, it is the intent of this chapter to establish use regulations and development standards for the provision of adequate sites for the development for affordable housing in compliance with General Plan Policy D.17: Provide Adequate Sites of Housing Development.
(Ord. 08-11, 2011)
Five mixed use zoning districts are established as follows:
A. 
Neighborhood Mixed Use District – 24 DU/AC. The NMU – 24 DU/AC zoning district is intended to provide local-and neighborhood-supporting mixed use activity centers and corridors. Commercial retail uses are the primary uses allowed on the ground floor. Professional office and residential uses are also allowed, either integrated with a commercial use, or as separate, free-standing uses. Along south Main Street, residential uses and uses supportive of a medical-related corridor are encouraged. Walkability and pedestrian orientation are key considerations. Density range: 16-24 DU/AC. Intensity range: 1.0-1.5 FAR.
B. 
Old Towne Mixed Use District – 15 DU/AC. The OTMU – 15 DU/AC zoning district surrounds the Plaza and lines much of Chapman Avenue, Glassell Street, and the Burlington Northern Santa Fe railroad corridor. It includes most of the eight block Downtown Core identified in the Historic Preservation Design Standards for Old Towne Orange. Commercial retail uses are the primary uses allowed on the ground floor. Residential development is encouraged either in conjunction with a commercial use or as a separate, freestanding use. Freestanding residential (100% residential) developments are allowed off the spoke streets (i.e., other than Chapman Avenue or Glassell Street). Density range: 6-15 DU/AC. Intensity range: 0.5 -1.0 FAR. Development shall conform to the standards outlined in the Historic Preservation Design Standards for Old Towne Orange and any other adopted design and land use guidelines and/or regulations.
C. 
Old Towne Mixed Use District – 15S. The OTMU – 15S zoning district includes areas of East and West Chapman near the edge of the Old Towne boundary, and North and South Glassell Street near the Old Towne boundary. Commercial retail uses are the primary uses allowed on the ground floor. Residential development is encouraged either in conjunction with a commercial use or as a separate, freestanding use when located off Chapman Avenue and Glassell Street. Density range: 6-15 DU/AC. Maximum intensity: 0.6 FAR. Development shall conform to the standards outlined in the Historic Preservation Design Standards for Old Towne Orange and any other adopted design and land use guidelines and/or regulations.
D. 
Old Towne Mixed Use District – 24 DU/AC. The OTMU – 24 DU/AC zoning district generally applies along Olive Street and Pixley Street south of Chapman Avenue. Commercial retail uses are the primary uses allowed on the ground floor. Residential development is allowed either in conjunction with a commercial use or as a separate, freestanding use. Freestanding residential developments are allowed off the Spoke Streets (i.e., other than Chapman Avenue or Glassell Street). Density range: 16-24 DU/AC. Intensity range: 1.0 -1.5 FAR. Development shall conform to the standards outlined in the Historic Preservation Design Standards for Old Towne Orange and any other adopted design and land use guidelines and/or regulations.
E. 
Urban Mixed Use District. The UMU zoning district is intended to provide urban, high-intensity, regionally-oriented activity centers. This zoning district provides for integrated commercial retail, professional office, residential, and civic uses. Commercial retail uses are the preferred uses allowed on the ground floor. Residential development is allowed, either as part of a mixed use project or as a freestanding use. Convenient transit access, innovative housing options, and pedestrian-oriented design are key considerations. Density range: 30-60 DU/AC. Intensity range: 1.5 - 3.0 FAR.
(Ord. 08-11, 2011)
Depending on the nature of the development, a proposed project, including residential projects, may require review and approval in compliance with Sections 17.10.060 (Site Plan Review) and 17.10.070 (Design Review). However, residential projects are not subject to other non-design related discretionary review in compliance with Policy D.17 of the General Plan Housing Element.
For nonresidential and mixed use projects within the UMU zoning district subject to site plan and/or design review, the reviewing body shall make the additional finding that approval of the project will not reduce the amount of land available in mixed use zoning districts to a point where the City's affordable housing needs under the Regional Housing Needs Assessment (RHNA) cannot be met. In compliance with Policy D.17 of the General Plan Housing Element, at no time shall the capacity of available sites for affordable residential development be exceeded by the adjusted RHNA need.
(Ord. 08-11, 2011)
A. 
Generally.
1. 
Stand alone commercial development shall comply with the development standards in Section 17.19.120 and the following:
a. 
Provide direct pedestrian linkages to adjacent public sidewalks.
b. 
Provide enhanced pedestrian amenities throughout the project, including seating, pedestrian area lighting, special paving, public art, water features, common open space, directories, and similar items to create a pleasant pedestrian experience.
c. 
Incorporate architectural design elements and materials that relate to a pedestrian scale.
d. 
Locate uses in proximity to one another without large intervening parking lots so that it is convenient for people to walk between the various uses and their vehicles parking only once.
e. 
Create a pedestrian scale and character of development along the street by providing significant wall articulation and varying roof heights, incorporating pedestrian scale elements (e.g., doors, windows, lighting, landscaping), and locating storefronts and common open space areas (e.g., plaza, courtyard, outdoor dining) near the public sidewalk to contribute to an active street environment.
f. 
Incorporate variations in the front street level building plane through the use of building set-backs, variations in wall planes, and the inclusion of pedestrian amenities (e.g., plaza, courtyard, outdoor dining, landscaping). Long expanses of blank walls shall be prohibited.
g. 
The design of new infill development shall be sensitive to the scale and design characteristics of established structures in abutting residential neighborhoods, with the objective of achieving harmonious transition between the new development and existing neighborhood. Consideration shall be given to factors, including, but not limited to, orientation of architectural features, building articulation, and exterior building treatments.
h. 
Lighting shall be incorporated along sidewalks or other pedestrian walkways, plazas, paseos, courtyards, and other common open areas to enhance the pedestrian environment and increase public safety.
i. 
Projects shall be designed to minimize security risks to residents and to minimize the opportunities for vandalism and theft by maximizing visibility to common open space areas and internal walkways, and minimizing areas of concealment and dead spaces.
2. 
In the case of either a new single or new multiple building development, a minimum of 50% of the primary public street frontage shall be occupied by building frontages that incorporate any of the following: storefront entrances, display windows that provide views into the interior commercial space, plazas, courtyards, outdoor dining areas, or similar features. In the case of a secondary public street frontage, a minimum of 30% of the street frontage shall be occupied by building frontages that provide the same amenities as described above. These building frontage requirements only apply to lots/sites with primary or secondary street frontage. In the case of a multiple lot and/or building development, additional lots and/or buildings may be dispersed throughout the interior portions of the site with no street frontage requirements.
(Ord. 08-11, 2011)
A. 
Generally.
1. 
Mixed-use projects shall comply with the development standards in this section in addition to the standards in Table 17.19.120.
2. 
Mixed-use projects shall be subject to site plan review in compliance with Section 17.10.060. If a proposed mixed use development is located in an area covered by a specific plan the development standards of the specific plan shall take precedence over the standards of this section.
3. 
If a proposed mixed use project that includes residential units is located in a housing overlay zone the project will be subject to administrative review and approval to ensure the City's regional share of lower-income housing need can be met on the remaining sites.
B. 
Development Standards.
1. 
A mixed-use development project shall be designed and constructed to:
a. 
Be pedestrian in its focus by:
i. 
Providing direct pedestrian linkages to adjacent public sidewalks.
ii. 
Creating enhanced pedestrian connections throughout the project between residential and nonresidential uses and parking areas.
iii. 
Providing enhanced pedestrian amenities throughout the project, including seating, pedestrian area lighting, special paving, public art, water features, common open space, directories, and similar items to create a pleasant pedestrian experience.
iv. 
Incorporating architectural design elements and materials that relate to a pedestrian scale.
b. 
Locate uses in proximity to one another without large intervening parking lots so that it is convenient for people to walk between the various uses and park their vehicles only once;
c. 
Create a pedestrian scale and character of development along the street by providing significant wall articulation and varying roof heights, incorporating pedestrian scale elements (e.g., doors, windows, lighting, landscaping), and locating storefronts and common open space areas (e.g., plaza, courtyard, outdoor dining) near the public sidewalk to contribute to an active street environment.
d. 
Provide a transition to adjacent residential uses by reducing building height and increasing building setbacks where possible.
2. 
Consistent use of architectural details and materials. Architectural style and use of quality materials shall be compatible and consistent throughout an entire mixed-use project. However, differences in architectural details and materials may occur to differentiate between the residential and nonresidential portions of the project. The overall project design and site layout shall be one that promotes a strong pedestrian environment and active street frontage. This can be accomplished by incorporating features into the project as outlined below:
3. 
Features.
a. 
Street Level Features. Variations in the front building plane shall be incorporated through the use of varying building setbacks, variations in wall planes, and the inclusion of pedestrian amenities (e.g., plaza, courtyard, outdoor dining, landscaping). Long expanses of blank walls shall be prohibited.
b. 
Pedestrian-Oriented Features. At least 75% of the building frontage facing a public street, primary pedestrian way, or parking lot shall be devoted to pedestrian-oriented features (e.g., storefronts, pedestrian entrances to nonresidential uses; transparent display windows; landscaping).
c. 
Upper Level Features. Upper floor balconies, bays, and windows shall be provided whenever opportunities exist for these types of features.
d. 
Entrances. When nonresidential and residential uses are located in a vertical mixed use structure, separate pedestrian entrances shall be provided for each use. The entrances for nonresidential uses shall be designed to be visually distinct from the entrances for residential uses. Entrances to individual residential units in a vertical mixed use project shall not be allowed along a street frontage. Instead shared entrances to residential units located above the ground floor shall be from lobbies that serve multiple units.
e. 
Neighborhood Interface. The design of new infill development shall be sensitive to the scale and design characteristics of established structures in abutting residential neighborhoods, with the objective of achieving a harmonious transition between the new development and existing neighborhood. Consideration shall be given to factors including, but not limited to, orientation of architectural features, building articulation, and exterior building treatments.
f. 
Lighting. Lighting shall be incorporated along sidewalks or other pedestrian walkways, plazas, paseos, courtyards, and other common open areas to enhance the pedestrian environment and increase public safety.
g. 
Security. Projects shall be designed to minimize security risks to residents and to minimize the opportunities for vandalism and theft. This may be accomplished by:
i. 
Maximizing visibility to common open space areas, internal walkways, and public sidewalks. Use opportunities for natural surveillance to increase visibility.
ii. 
Using walkways, low fences, lighting, signage, and landscaping to clearly guide people and vehicles to and from the proper entrances.
iii. 
Eliminating areas of concealment, hiding places, and dead spaces.
iv. 
Using lighting to improve the visibility of common areas while enhancing the pedestrian environment. Lighting should not be overly bright and should provide a uniform level of light over the subject area to eliminate dark spaces.
C. 
Site Organization Standards.
1. 
Location of Nonresidential Uses Along Street Frontages.
a. 
For vertical mixed use projects, only nonresidential uses shall be located on the ground floor along public/private street frontages. Residential uses may be located above the ground floor and in areas that do not have frontage on a street. Up to 20% of the ground floor frontage may be occupied by lobby entrances to multiple residential units and pedestrian amenities (e.g., plaza, paseo, or courtyard).
b. 
For horizontal mixed use projects, the residential portion of the project may have frontage on a public/private street.
c. 
On corner parcels, the nonresidential space shall turn (wrap around) the corner for a distance of at least 30 feet along secondary/side streets.
2. 
Primary building entrances shall be oriented to the major street on which the structure has frontage, street corner, courtyard, plaza, park, or other structures on the site, but not to interior blocks or parking lots/structures.
3. 
Site planning shall integrate the street pedestrian environment with the nonresidential uses through the provision of pedestrian-oriented features (e.g., courtyard, plaza, paseo, street furniture, enhanced walkways, lighting, and landscaping).
D. 
Lighting Standards. Lighting for nonresidential uses shall be designed, located, and shielded to ensure that they do not impact the residential uses. The provisions of Section 17.12.030 shall also apply to mixed use development.
E. 
Open Space Standards.
1. 
Common and private open spaces shall be provided for projects with five units or more as follows:
a. 
A freestanding residential project within a horizontal mixed use development (not part of a vertical mixed use development) shall provide common and private open space in compliance with the requirements in Section 17.19.090(D) (open space standards); and
b. 
Residential units that are part of a vertical mixed use project (i.e., located above the ground floor and above nonresidential uses) shall provide open space as required below. Residential units that are part of a horizontal mixed use project shall provide open space as required for multi-family residential in compliance with Section 17.19.090(D).
i. 
A minimum of 15% of the total floor area of the dwelling units shall be provided as private and/or common open space. Up to 25% of the total open space requirement may be met by counting any private open space areas (patios and balconies) provided within the project.
ii. 
The minimum area of any private open space shall be 40 square feet. This may be in the form of patios or balconies accessible only to the abutting unit.
iii. 
The minimum dimension (length and width) of eligible common open space areas shall be 20 feet. These may be located at grade or above grade and may include terraces, courtyards, rooftop gardens, or other similar areas.
iv. 
Common open space areas shall include amenities for residents. Examples of facilities are listed in Section 17.14.110.
2. 
Common and private open spaces shall be designed to limit intrusion by nonresidents.
3. 
Sharing of common open space between residential and nonresidential uses may be allowed by the applicable reviewing body when it is clear that the open space will provide direct benefit to residents of the project and the public in general subject to the following limitations:
a. 
Up to 30% of the required open space for residential uses in a horizontal mixed use project may be provided as quasi-public open space within the nonresidential component of the project; or
b. 
Up to 50% of the required open space for residential uses in a vertical mixed use project may be provided as quasi-public open space within the nonresidential component of the project.
c. 
The minimum dimension (length and width) of shared common open space areas shall be 20 feet. These areas shall be located at grade and shall be accessible for use by the general public.
d. 
Quasi-public open space areas shall not include outdoor dining areas or other outdoor activity areas for exclusive use by an individual business.
e. 
Quasi-public open space areas are areas located on private property and accessible to the general public. These areas shall include pedestrian oriented amenities, including enhanced seating, lighting, paving, landscaping, public art, water features, and other similar features deemed appropriate by the Community Development Director.
F. 
Operational Standards.
1. 
Outdoor nonresidential uses in a mixed-use project that includes residential uses shall be prohibited from operating between the hours of 10:00 p.m. and 6:00 a.m. Approval of a conditional use permit may modify these hours.
2. 
Loading and unloading activities, including refuse, shall not take place after 10:00 p.m. or before 7:00 a.m. on any day of the week.
3. 
Owners' Association.
a. 
An owners' association shall be formed to ensure the well being of each tenant and owner in a mixed-use project.
b. 
The association bylaws shall be subject to approval by the City Attorney. The association's bylaws shall include the following in addition to any requirements of the City Attorney:
i. 
Identification of maintenance responsibilities for landscaping, parking facilities, and recycling and refuse storage facilities;
ii. 
Noise notification procedures in compliance with subsection (F)(4), below;
iii. 
Relationship between uses regarding association representation;
iv. 
Voting procedures; and
v. 
Procedures for solving problems that may arise between the different types of uses or residents.
4. 
Noise Notification Procedure.
a. 
Residents, whether owners or tenants, of a mixed-use development project shall be notified in writing before taking up residence that they will be living in an urban environment and that the noise levels may be higher than a typical residential area.
b. 
The covenants, conditions, and restrictions of a mixed-use project shall require that the residents acknowledge their receipt of the written noise notification. Their signatures shall confirm receipt and understanding of this information.
5. 
The location and design of recycling and refuse storage facilities shall mitigate nuisances from odors when residential uses might be impacted.
6. 
Residential dwelling unit interiors and private open space areas shall be designed to be sound attenuated against present and future project noise. New vertical mixed use projects shall provide an acoustical analysis report, by an acoustical engineer, describing the acoustical design features of the structure required to satisfy the exterior and interior noise standards.
G. 
Parking, Loading, and Circulation.
1. 
The total number of parking spaces shall comply with the requirements of Chapter 17.34 (Off-Street Parking and Loading). Applicants for a mixed-use project may be required to submit a parking study for review and decision by the applicable reviewing body.
2. 
Parking facilities shall be separated for nonresidential uses and residential uses, except that guest parking for the residential use may be shared with nonresidential uses.
3. 
If enclosed parking, including parking garages and structures, is provided for residential and nonresidential portions of a mixed-use project, separate areas/levels shall be provided for each use and separate entrances shall be provided whenever possible.
4. 
Loading areas for nonresidential uses shall be located as far as possible from residential units and shall be completely screened from view from the residential portion of the project and public streets. 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.
5. 
Separate site access driveways shall be provided, whenever possible, for nonresidential and residential uses. Site access driveways shall incorporate distinctive design elements, landscape features, and signs to help differentiate access to nonresidential parking areas from access to residential parking areas.
6. 
Vehicular circulation shall be designed to direct traffic away from adjacent residential streets outside the mixed use districts to the greatest extent feasible.
H. 
Solid Waste Enclosures.
1. 
Solid waste enclosures for nonresidential uses shall be located as far as possible from residential units and shall be completely screened from view from the residential portion of the project and public right-of-way. Solid waste collection areas shall meet or exceed the Department of Public Works standard for solid waste enclosures. The Public Works Director (or designee) may adjust or waive these requirements.
2. 
Trash and recycling storage facilities shall be integrated into and be compatible with the architectural design and details of the overall project.
3. 
The location and design of solid waste enclosures shall mitigate nuisances from noise and odors.
I. 
Screening and Buffering Standards. Mechanical and air conditioning equipment shall be screened and buffered in compliance with Section 17.18.180 (Screening of Mechanical Equipment).
(Ord. 08-11, 2011; Ord. 09-22, 2022)
Multi-family development shall comply with the following standards, the standards in Section 17.19.120, and the applicable standards for the R-4 zoning district in Chapter 17.14 (Residential Districts). If there is a conflict between any of the standards in this chapter and Chapter 17.14 the standards in this section shall apply. Where this section is silent on any given topic, the standards for the R-4 zoning shall apply.
A. 
Project Design. The overall design of the project shall be one that promotes a pedestrian friendly environment and one that is oriented towards adjacent streets while still maintaining adequate security for residents.
B. 
Distance Between Structures. Distance between buildings is required in order to provide adequate light, air, and privacy. The provisions in Table 17.19.090 shall apply, as well as specific provisions found in building and fire codes.
Table 17.19.090
REQUIRED DISTANCES BETWEEN PRINCIPAL BUILDINGS
Building Height(a) (b)
Condition
20—60 ft.
61—80 ft.
81—100 ft.
101 ft.+
Window wall to window wall
20 ft.
25 ft.
30 ft.
35 ft.
Window wall to non-window wall
20 ft.
25 ft.
30 ft.
35 ft.
Non-window wall to non-window wall
15 ft.
15 ft.
15 ft.
15 ft.
Notes:
(a)
Required minimum distances between buildings shall be provided at the closest point between buildings.
(b)
Where buildings of different heights face each other, the height of the tallest building shall determine the minimum distance required between buildings.
C. 
Minimum Floor Area. The minimum floor area for residential units shall be as required by Section 17.14.130.
D. 
Open Space Standards. Common and private open spaces shall be provided for projects with five units or more as follows:
1. 
A minimum of 15% of the total floor area of the dwelling units shall be provided as private and/or common open space. Up to 25% of the total open space requirement may be met by counting any private exterior open space areas (patios and balconies) provided within the project.
2. 
The minimum area of any private exterior open space shall be 40 square feet in order to qualify as required open space. This shall be provided in the form of patios or balconies accessible only to the abutting unit.
3. 
The minimum dimension (length and width) of common open space areas shall be 20 feet. Common open space areas may be located at grade or above grade and may include terraces, courtyards, rooftop gardens, or other similar areas. General open areas that provide access to buildings (e.g., walkways) and required setback areas shall not count towards the common open space requirement unless they meet the minimum dimension and contain amenities as provided below.
4. 
Common open space areas shall include amenities for residents. Examples of facilities are listed in Section 17.14.110.
5. 
Common and private open spaces shall be designed to limit intrusion by nonresidents.
E. 
Security. Projects shall be designed to minimize security risks to residents and to minimize the opportunities for vandalism and theft. This may be accomplished by:
1. 
Maximizing visibility to common open space areas, internal walkways, and public sidewalks. Use opportunities for natural surveillance to increase visibility.
2. 
Using walkways, low fences, lighting, signage, and landscaping to clearly guide people and vehicles to and from the proper entrances.
3. 
Eliminating areas of concealment, hiding places, and dead spaces.
4. 
Using lighting to improve the visibility of common areas while enhancing the pedestrian environment. Lighting should not be overly bright and should provide a uniform level of light over the subject area to eliminate dark spaces.
(Ord. 08-11, 2011; Ord. 08-15, 2015)
Live/work units are structures or spaces within structures that are used jointly for commercial and residential purposes.
The development of live/work units and the reuse of existing nonresidential structures to accommodate live/work opportunities shall comply with the regulations and development standards in this section in addition to the standards in Table 17.19.120. Also see Section 17.19.210 regarding the adaptive reuse of existing buildings.
A. 
Allowed Uses.
1. 
The nonresidential component of a live/work unit shall only be a nonresidential use allowed within a mixed-use zoning district, except that certain uses are determined to be not appropriate within a residential environment and are therefore prohibited as provided in subsection B, below.
2. 
The residential component of a live/work unit shall only be a residential use allowed within a mixed-use zoning district.
B. 
Prohibited Uses. A live/work unit shall not be used for any of the following activities or similar activities as determined by the Community Development Director:
1. 
Adult-oriented businesses;
2. 
Animal care or boarding;
3. 
Classroom instruction (e.g., art/music lessons, tutoring, and similar uses) involving five or more students at any one time;
4. 
Commercial food preparation activities;
5. 
Industrial uses;
6. 
Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.;
7. 
Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use;
8. 
Medical and dental offices, clinics, and laboratories (not including chiropractors or counselors/psychotherapists);
9. 
Activities or uses that are not compatible with residential activities that would clearly conflict with other live/work activities or the character of the surrounding neighborhood as determined by the Community Development Director; and
10. 
Activities or uses that would adversely affect the health or safety of live/work unit residents, because of dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, or that would be hazardous because of materials, processes, products, or wastes.
C. 
Site Planning and Design Standards.
1. 
Each live/work unit fronting a public street shall have a pedestrian-oriented frontage that allows views into the interior of the nonresidential areas of the unit.
2. 
Each live/work unit shall have a clearly identified, separate access from other live/work units within the structure or development. Access to individual units shall be from common access areas, parking lots, or walkways. Access to each unit shall be clearly identified to provide for emergency services.
3. 
The living space within the live/work unit shall be contiguous with the working space, with direct access between the two areas.
D. 
Operating Standards.
1. 
A city business license shall be required for the business conducted within a live/work unit.
2. 
No portion of a live/work unit shall be separately sold or rented.
3. 
The owner or developer of a structure containing live/work units shall provide written notice to all occupants, tenants, and users that the surrounding area may be subject to higher impacts associated with nonresidential uses (e.g., noise) than exist in more predominantly residential areas. Performance standards for live/work units shall be those applicable to nonresidential uses allowed in the zoning district in which the live/work units are located.
4. 
All activities related to the "work" component of a live/work unit shall be conducted within a completely enclosed building.
5. 
Up to two additional persons who do not reside in the live/work unit may work in the unit.
6. 
Client and customer visits to live/work units are allowed.
7. 
Parking for each live/work unit shall be provided in compliance with Chapter 17.34 (Off-Street Parking and Loading).
8. 
A live/work unit shall not be converted to either entirely residential use or entirely nonresidential use.
9. 
A live/work use may display a window or building-mounted sign up to a maximum of four square feet. Signs shall not be illuminated, including neon signs.
(Ord. 08-11, 2011)
All uses shall be conducted entirely within a completely enclosed building, with the following exceptions:
A. 
The dispensing of gasoline and related customer service at a service station;
B. 
Seasonal Christmas tree and pumpkin sales;
C. 
Recreational amenities, including, but not limited to, swimming pools, tennis courts, basketball court, gardens, or tot lot;
D. 
Outdoor eating facilities in connection with permitted restaurants;
E. 
Commercial nurseries, lumber and building material yards, pottery and ceramic yards; provided that the outdoor sales and storage areas shall be surrounded by a view-obscuring wall, fence, or landscaping of minimum height of six feet. Plant materials may be screened by a decorative, rather than view obscuring fence. Except for plants, material stored behind the screening shall not be visible above the screening;
F. 
Automobile sales or leasing agencies with limited outdoor display and storage areas in compliance with Section 17.19.070(B);
G. 
Off-street parking and loading facilities;
H. 
Temporary outdoor displays, as described in Section 17.36.150 of this title; and
I. 
Other uses similar in character to those listed above, as determined by the Community Development Director.
(Ord. 08-11, 2011)
New land uses and structures, and alterations to existing land uses and structures, shall be established in compliance with the requirements in Table 17.19.120.
TABLE 17.19.120
DEVELOPMENT STANDARDS FOR MIXED-USE ZONES
Development Feature
OTMU-15S
OTMU-15
OTMU-24
NMU-24
UMU
Lot Dimensions
Minimum dimensions required for each NEWLY CREATED lot. See Section 17.19.130
Lot Area (a)
10,000 sq. ft.
10,000 sq. ft.
10,000 sq. ft
40,000 sq. ft.
40,000 sq. ft.
Lot Width
50 ft.
50 ft.
50 ft.
100 ft.
100 ft.
Residential Density (b)
Minimum/Maximum Density Range for residential uses.
Dwelling Units Per Acre (Net)
6 - 15
6 - 15
6 - 24
16 - 24
30 - 60
Floor Area Ratio (b)
Minimum/Maximum Floor Area Ratio (FAR) for nonresidential uses.
Nonresidential development
Max. 0.6
Min. 0.5 Max. 1.0
Min. 1.0 Max. 1.5
Min. 1.0 Max. 1.5
Min. 1.5 Max. 3.0
Setbacks
Minimum setbacks required for primary structures.
Front (c)(e)(f)(g)
0 ft. Min. W. Chapman. 15 ft. Min. Glassell and E. Chapman. 25 ft. Max (e)
0 ft. Max. Plaza Historic District (e)
(e)
10 ft. Max. (g)
10 ft. Max. (g)
Side
0 ft. Min. W. Chapman. 5 ft. Min. Glassell and E. Chapman (f)
0' (f)
0' (f)
0 (d)
0 (d)
Side - Street Side (f)(g)
(e)
(e)
(e)
10 ft. Max. (g)
10 ft. Max. (g)
Rear
0' (d)
0' (d)
0' (d)
0' (d)
0' (d)
Height (h)(i)
Maximum permitted building height without discretionary approval.
(Whichever is less)
32 ft. (h) 2 stories
32 ft. (h) 2 stories
32 ft. (h) 2 stories
45 ft. (i) 3 stories
45 ft. (i) 3 stories
Building separation
See Section 17.19.090
Fences and walls
See Section 17.19.140
Landscaping
See Section 17.19.160
Lighting
See Section 17.12.030
Parking
See Sections 17.19.150 and 17.19.160.C
Signs
See Section 17.19.170
NOTES:
(a)
New lots less than 40,000 square feet may be allowed within the NMU-24 and UMU zoning districts provided such lots are designed as part of a larger development project and are fully integrated into the larger development by means of access, circulation, parking, landscape theme, signage, and overall project design and that the overall development project complies with the minimum required density and/or floor area ratio.
(b)
The following applies to situations involving new infill development on a site with existing structures where the proposed new infill development, together with the existing development falls below the required minimum density and/or floor area ratio for the site, the overall development shall not be required to conform with the required minimum density and/or floor area ratio provided the new development together with the existing development brings the site into closer conformance with City standards.
(c)
In cases where the frontage of the block is partially within a residential district, the required front setback shall be the same as required for the residential district. In the case of an automobile sales facility for new vehicles the maximum setback shall be 25 feet to accommodate display of new vehicles.
(d)
In cases where the side or rear property line abuts a single-family residential district, and where the proposed building exceeds either one story or 20 feet in height, a rear setback of at least 10 feet shall be required.
(e)
Buildings located within the Old Towne Historic Districts shall comply with the following front setback and street side setback requirements:
 
(1)
Properties in the Downtown Core, outside of the Plaza Historic District, shall have a front setback equal to or greater than the average of the setbacks provided on adjacent structures facing the same street.
 
(2)
Within the Spoke Streets, a minimum 15-foot front setback is required for a parking area adjacent to a street.
 
 
Exceptions to (1) and (2) above:
 
 
(i)
Additions or modifications to existing commercial and industrial structures that were originally constructed with no front setback may maintain the same front setback as the original building;
 
 
(ii)
Properties within the boundaries of the Santa Fe Depot Specific Plan area shall comply with the setback standards of the specific plan.
(f)
The required front setback or street side setback shall not be used for off-street parking.
(g)
For the UMU and NMU zoning districts, the maximum allowed front and street side setbacks may be increased up to a maximum of 20 feet for projects that incorporate sidewalk oriented pedestrian amenities (e.g., plaza, fountain, outdoor dining, or enhanced landscaping, including street trees) subject to approval by the Community Development Director.
(h)
All buildings located within one of the three OTMU zones shall not exceed two stories or 32 feet, nor the heights of adjacent buildings, whichever is less.
(i)
Building height may exceed the allowed maximum provided no part of the building exceeds one-quarter of the horizontal distance, measured in feet, between the ground point of the building and the nearest single-family residential district boundary line.
(Ord. 08-11, 2011)
In addition to the lot area requirements provided in Table 17.19.120, the size and shape of each newly created lot shall be adequate to allow the full development of the allowed uses in a manner consistent with the following:
A. 
Adequate provision shall be made to promote safe and orderly access and circulation of pedestrian and vehicular traffic within the site and from public streets and adjacent developments;
B. 
Adequate provision shall be made for buildings to be sited to allow for functional use of space between structures and to provide areas for parking, access, and landscaping;
C. 
Adequate provision shall be made to ensure the compatibility of the site development with surrounding development in regard to size, scale, building and site design, and limitation of overshadowing effects; and
D. 
The proposed development shall not limit or adversely affect the growth and development potential of adjacent properties or the general area in which the proposed development shall be located.
(Ord. 08-11, 2011)
Landscaping shall be provided for each site to enhance the appearance of development projects, provide pedestrian comfort, create shaded areas, reduce heat and glare, conserve water, screen potentially incompatible land uses and facilities, improve air and water quality, and improve pedestrian and vehicular safety.
A. 
Applicability. The landscape standards in this section apply in all mixed use zoning districts. In addition, the standards specified in City of Orange Landscape Standards and Specifications (Orange Municipal Code Chapter 16.50) shall also apply as a guideline.
1. 
New Projects. Each new nonresidential project and multi-family residential project shall provide landscaping in compliance with this section.
2. 
Existing Development. When expansions to existing developments are proposed, the applicant shall comply with the requirements of this section to the greatest extent feasible, as determined by the Community Development Director. The approval of a discretionary application for physical alterations or expansions to an existing nonresidential or multi-family development may include conditions of approval requiring compliance with the requirements of this section. This section does not apply to changes of use or interior tenant improvements.
3. 
Exempt Projects. This section shall not apply to properties recognized as having historic significance in the City's Historic Resources Inventory, or properties eligible for listing in the Historic Resources Inventory.
B. 
Landscape Plans. A landscape plan shall be submitted as part of the development application.
1. 
Required Information. Landscape plans shall contain the information required by the Planning Division and as specified in City of Orange Landscape Standards and Specifications.
2. 
Intent of Landscape Plan.
a. 
The landscape plan shall meet the purpose of this section and the City of Orange Landscape Standards and Specifications by exhibiting a design layout that demonstrates the desired landscaping program in terms of function, location, size/scale, theme, and similar attributes.
b. 
Landscaping shall be planned as an integral part of the overall project design and not simply be located in excess space after parking areas and structures have been planned.
c. 
Landscaping shall be planned to enhance the pedestrian environment. Pedestrian access to sidewalks and structures shall be considered in the design of all landscaped areas.
d. 
The landscape plan shall provide the reviewing body with a clear understanding of the landscaping program before preparation of the detailed final landscape and irrigation plan.
3. 
Preparation by Qualified Professional. Each landscape plan shall be prepared by a California licensed landscape architect, architect, licensed landscape contractor, certified nurseryman, or other professional determined by the Community Development Director to be qualified.
4. 
Review and Approval. The Planning Division shall review each landscape plan to verify its compliance with the provisions of this section.
5. 
Changes to Final Landscape Plans. The Community Development Director may authorize minor changes to a final landscape plan that do not significantly affect the theme or character established for the project.
C. 
Landscape Location Requirements. Landscaping shall be provided in all areas of a site as follows.
1. 
Setback and Open Areas. All setback areas and other open areas of the site not occupied by buildings shall be landscaped. Trees shall be provided within setback areas adjacent to streets at a rate of one for each 30 lineal feet of landscaped area. The minimum size shall be 50% 24-inch box containers and 50% 15-gallon containers at time of planting. Street and street-side setback areas adjacent to parking lots shall be landscaped as required in subparagraph (C)(3)(a) (parking lots), below.
2. 
Unused Areas. All areas of a project site not intended for a specific use, including a commercial pad site intended for future development, shall be landscaped unless the reviewing body determines that landscaping is not necessary to achieve the purposes of this section.
3. 
Parking Lots. Surface parking lots shall be landscaped as provided below.
a. 
Perimeter Parking Lot Landscaping Adjacent to Street.
i. 
Parking lots abutting a public street shall be designed to provide a perimeter landscape strip a minimum 10 feet wide between the street right-of-way and parking area. Car overhangs shall not be included in this area.
ii. 
Trees shall be provided at a rate of one for each 30 lineal feet of landscaped area and shall be a minimum 24-inch box container at time of planting.
iii. 
Landscaping, other than trees, shall be designed and maintained to screen cars from view from the street and shall be maintained at approximately 36 inches in height. Plant material shall be minimum five-gallon container at time of planting.
iv. 
Screening materials may include a combination of plant materials, earth berms, raised planters, low walls, or other screening devices that meet the intent of this requirement as approved by the Community Development Director.
b. 
Interior Surface Parking Lot Landscaping.
i. 
Trees shall be evenly spaced throughout the interior parking area at a rate of one tree for every four parking spaces. Trees shall be located in planters that are bounded on at least three sides by parking area paving. Planters shall have a minimum interior dimension of at least five feet.
ii. 
All trees within the parking area shall be a minimum 24-inch box container at time of planting.
iii. 
All ends of parking aisles shall have landscaped islands planted with trees, shrubs, and ground cover.
iv. 
Parking lots with more than 400 spaces shall provide an entry feature consisting of a concentration of landscape elements, including specimen trees, flowering plants, enhanced paving, and project identification.
4. 
Parking Structures. Landscaping shall be provided along the perimeter of parking structures to screen the structure from view from public rights-of-way. Planters located on the upper levels of the exterior of the structure shall also be considered as a means of screening and softening the often utilitarian appearance of such structures.
5. 
Street Trees.
a. 
Street trees are required along public streets and shall be approved on a project by project basis through the design review process and based upon the City's Street Tree Master Plan and location requirements.
b. 
Where site conditions do not allow the installation of the street trees in the public parkway and where buildings are not located adjacent to the front or side street property lines, trees shall be located on private property within 10 feet of property lines adjacent to public streets. Trees shall be canopy-type shade trees planted at a rate of at least one tree for every 20 lineal feet of property frontage unless there are conflicts with utility or public right-of-way features in which case the Community Development Director may approve alternative spacing.
D. 
General Landscape Standards.
1. 
Landscape Design. The required landscape plan shall be designed to integrate all elements of the project (i.e., structures, parking lots, and streets) to achieve aesthetic objectives, provide shade and amenities for pedestrians, and to minimize water and energy demand.
2. 
Quality of Materials. All plant materials shall conform to or exceed the plant quality standards of the latest edition of American Standard for Nursery Stock published by the American Association of Nurserymen, or the equivalent.
3. 
Size at Time of Planting. Plant materials shall be sized and spaced to achieve immediate effect and shall be a mixture of not less than a 15-gallon, 24-inch box, and 36-inch box containers for trees, minimum five-gallon container for shrubs, and six-inch pots for mass planting.
4. 
Plant Selection and Grouping. Plant materials shall be selected and grouped in compliance with Section IX (Water Efficient Landscapes) of the City of Orange Landscape Standards and Specifications.
5. 
Minimum Dimensions. Each area of landscaping shall have a minimum interior width of three feet for shrubs and groundcover and five feet for trees.
6. 
Protective Curbing. Landscaping shall be protected with a minimum six-inch high concrete curb or alternative method that complies with the City's surface water quality program requirements as determined by the Community Development Director and Public Works Director.
E. 
Safety Requirements. Landscape materials shall be located so that at maturity they do not:
1. 
Interfere with safe sight distances for vehicular, bicycle, or pedestrian traffic;
2. 
Conflict with overhead utility lines, overhead lights, or walkway lights;
3. 
Block pedestrian or bicycle ways; or
4. 
Conflict with public safety concerns for crime prevention by not providing convenient places for criminals to hide, defining public and private spaces, and not blocking opportunities for adequate surveillance of public and quasi-public places.
(Ord. 08-11, 2011)
A. 
Mechanical and air conditioning equipment shall be shielded and screened from view from adjacent streets and properties. The screening shall be integrated architecturally with the building. Groundmounted equipment shall be screened with a solid wall, solid fence, or sufficient landscaping to a height at least one foot above the equipment. Otherwise, such equipment shall be enclosed in a building.
B. 
All mechanical equipment shall be baffled for sound.
C. 
Mechanical equipment shall not be located in required setback areas.
(Ord. 08-11, 2011)
All developments shall provide solid waste collection areas adequately and conveniently placed throughout the development. Solid waste collection areas include solid waste enclosures which shall meet or exceed the Department of Public Works standard for solid waste enclosures. The Public Works Director (or designee) may adjust or waive these requirements. Compliance with AB 827 is required, which includes providing source-separated receptacles for residents or customers.
(Ord. 08-11, 2011; Ord. 09-22, 2022)
A. 
Modification of Standards. In order to encourage the reuse of existing nonresidential buildings in the Old Towne Orange Historic District that are listed in the City's Historic Resources Inventory as contributing structures or properties eligible for listing in the inventory, the development standards in this chapter may be modified by the reviewing body if they conflict with the historic design or character defining features of such buildings.
B. 
Incentives. Adaptive reuse projects may be entitled to the incentives provided below subject to the approval of the reviewing body.
1. 
Mezzanines. New or existing loft spaces that do not exceed more than 33% of the floor area of the space below shall not be considered new floor area for the purpose of determining floor area ratio.
2. 
Density. When new dwelling units, including live/work units are created within an existing nonresidential building the allowed density of the zoning district may be increased by up to 15% by the reviewing body. This incentive is not available in conjunction with any incentives provided in compliance with Chapter 17.15 (Density Bonus).
a. 
In order to provide additional incentive for the adaptive reuse of existing historic packing houses recognized as historically significant in the City's Historic Resources Inventory, the allowed density of the zoning district may be increased by up to 35% by the reviewing body. This density bonus shall be applied only to dwelling units contained within the building envelope of the historic packing house structure. This incentive is not available in conjunction with any incentives provided compliance with Chapter 17.15.
3. 
Off-Street Parking. The required number of parking spaces may be reduced by up to 20% unless the number of spaces that existed on the site at the time of application can accommodate the required number of spaces.
a. 
Subterranean parking areas shall not be counted toward the floor area ratio of the building in the adaptive reuse of a historic packing house.
4. 
Loading Space. Where an existing loading space is provided it shall be maintained. If no loading space exists at the time of application, then a loading space shall not be required.
5. 
Site Plan Review. Adaptive reuse projects shall be subject to minor site plan review and design review.
(Ord. 08-11, 2011)
New commercial and mixed use developments and redevelopment resulting in a job site employment of 100 persons or more are required to prepare a Transportation Demand Management Program in compliance with Chapter 10.83 (Transportation Demand Management Program).
(Ord. 08-11, 2011)
Developments within the Old Towne Mixed Use Districts shall conform to the Historic Preservation Design Standards for Old Towne Orange.
(Ord. 08-11, 2011)
Qualifying multi-family housing projects shall conform to the City of Orange's Multi-family Objective Design Standards, which shall be adopted, and amended, by resolution of the City Council, and incorporated into this Zoning Ordinance by reference.
(Ord. 31-24, 12/10/2024)
Small lot subdivision development in the NMU-24 zoning district shall conform to the regulations for small lot subdivisions contained in Section 17.14.270 (Small Lot Subdivision Development Standards) of this title.
(Ord. 15-21, 2021)