(A)
The minimum area for all P-D designated districts is two acres, except
for mixed-use areas specified in the General Plan.
(B)
Planned Development Districts must be created in the same manner as property is reclassified from one zone to another within the City, as set forth in Chapter 21.38, Amendments, of this title. When a P-D district has been so created, it must be designated upon the zoning map of the City as an overlay zone by adding the parenthetically enclosed letters "P-D" after the zoning symbol indicating the zone in which the subject property is included.
(C)
The change of classification shall be determined pursuant to the procedure set forth in Chapter 21.38, Amendments, of this title and a conditional use permit must be prepared for the project developed on the property so classified.
(D)
A conditional use permit that is not applicable to a mixed-use designated
land use area and does not adhere to standards of development in the
R and C zones may be approved when such plan fulfills the purpose
of a P-D district.
(E)
A change in the conditional use permit enacted within a P-D district must constitute a reclassification of property, and such change shall be determined pursuant to Chapter 21.38, Amendments, of this title.
(F)
No development of the subject site can begin and no building permit
must be issued in any case until a conditional use permit of a planned
development is approved by the Planning Commission and/or the City
Council as set forth hereafter.
(Ord. 2097 § 3, 2013; Ord. 2135 § 9, 2016; Ord. 2190 § 7, 2020)
The purpose of the precise plan of design overlay zone is as
follows:
(A)
The P-D district is intended to provide design flexibility in achieving
the purpose and intent of other base zoning districts with which it
is combined. Application of the Planned Development district is intended
to assist in achieving consistency with the policy and intent of the
General Plan by allowing flexibility in site design where superior
quality attainment can be enhanced by such flexibility. The purpose
of this chapter is to achieve the following:
(1)
Provide optional design flexibility in establishing the uses permitted
in the various zoning districts, primarily within opportunity areas
derived from the General Plan.
(2)
Stimulate quality development which exhibits excellence in design,
architecture, and site amenities.
(3)
Integrate uses where more than one use is to be accommodated in a
development project.
(4)
Achieve a level of protection of adjacent uses, where necessary,
similar to that afforded by conventional site development standards.
(5)
Create ways of developing difficult properties because of their unusual
size, configuration or surrounding conditions.
(B)
To prevent the development of structures or uses which are not of
acceptable exterior design or appearance, or are of inferior quality
or likely to have depreciating or negative effect on the local environment
or surrounding area by reason of use, design, appearance or other
criteria affecting value.
(C)
To assure compatibility in the permitted use and enjoyment of property
for which rezoning or overlay is sought while at the same time imposing
regulations and restrictions on such zoned property to protect the
use and enjoyment of surrounding properties to the same degree and
extent as if such rezoning or overlay were denied.
(Ord. 2097 § 3, 2013; Ord. 2190 § 7, 2020)
The General Plan uses mixed-use development as a critical component
of its goals to establish the City's downtown and other designated
commercial corridors as vibrant mixed-use districts that provide opportunities
for new commercial and residential development in a pedestrian oriented
environment. The purpose of this chapter is to encourage a creative
and more efficient approach to the use of land and to provide for
greater flexibility in the design of integrated developments than
otherwise possible through strict application of zoning and planning
regulations. It is the intent of a planned development district to
create:
(A)
Diversification in the location of structures and other site qualities
while ensuring compliance with the General Plan and compatibility
with existing and future developments in surrounding areas;
(B)
Opportunities to revitalize older commercial corridors by leveraging
the housing market;
(C)
New housing and innovative retail that is less automobile dependent;
(D)
Housing within walking distance of existing businesses providing
new customers;
(E)
Pedestrian-friendly neighborhoods and enhanced community character;
(F)
Compatibility with transit access along local corridors;
(G)
A coherent architectural style which establishes a clear and distinct
image of the development project, whether developed as a unit or in
phases;
(H)
Varied and articulate building footprints and wall façades,
including height variations and roof lines, consistent with the architectural
style;
(I)
Extensive landscaping beyond standard district minimums and provision
of mature specimen trees and shrubs;
(J)
Sensitive integration of buildings, open space, landscape and hardscape
areas to achieve an overall sense of place;
(K)
Quality materials, with appropriate use of colors, textures and materials
which enhance the total effect;
(L)
Effective screening of mechanical equipment, trash areas and other
ancillary uses, both in terms of on-site and off-site visual impacts;
(M)
Effective softening of parking, loading and drive areas with landscaping,
buffering and lighting;
(N)
Energy efficiency, achieved through building design or orientation,
materials and natural lighting;
(O)
Provision of pedestrian, bicycle and bus access to and where feasible,
within the site including connection to City or regional networks,
to reduce dependence on the automobile;
(P)
A vibrant mixed-use environment that is attractive to national and
regional credit retail tenants.
(Ord. 2097 § 3, 2013; Ord. 2190 § 7, 2020)
(A)
The following uses shall be permitted in the P-D districts:
(1)
Any use permitted in any R and C zones, subject to regulations set
forth in this chapter;
(2)
Mixed-use developments and commercial developments permitted in the
Mixed-Use I (MU-I), Mixed-Use II (MU-II), Mixed-Use III (MU-III) areas,
subject to compliance with the General Plan and regulations and standards
set forth in this chapter.
(B)
No person shall construct or maintain any building or structure for
use on any lot in a P-D district unless:
(Ord. 2097 § 3, 2013; Ord. 2190 § 7, 2020)
For mixed-use developments in areas designated as Mixed-Uses
I, II, and III in the General Plan, all commercial uses in underlying
zones and residential uses listed in the R-3 Zone when part of a mixed-use
development shall be permitted subject to the following conditions:
(A)
The ground floor building frontage at Atlantic Boulevard, Garvey Avenue and Garfield Avenue shall be devoted to retail, restaurant uses, and other uses that generate pedestrian activity, provided that such uses are determined by the City Planner to be appropriate and supportive of creating a dynamic retail environment and conducive to creating a pedestrian-friendly environment. Any person aggrieved by the decision, determination or action taken by the City Planner shall have the right of appeal to the Planning Commission pursuant to Chapter 21.32, Permit Procedures. Residential units and live/work uses are not permitted on the ground floor in the MU-I area. Medical facilities shall be permitted on the ground floor fronting on Baltimore Avenue only in the MU-III area. The ratio of pedestrian-oriented commercial uses to the total ground floor uses may vary depending on unique site conditions. However, in the MU-I classification, a minimum of 80% of the ground floor building frontage, excluding driveways shall be commercial ground floor uses that generate pedestrian activity.
(B)
Non-retail uses such as professional office, medical offices, etc.,
may be allowed within MU zones if such use is setback a minimum distance
of 60 feet from the front property line.
(C)
Residential uses are permitted above the ground floor. Lobbies, stairwells,
elevators, and entries for residential units are permitted on the
ground floor. Recreation rooms for the use of both residents and visitors
may also be permitted on the first floor if located greater than 60
feet from the front property line.
(D)
Offices, including professional offices, shall be developed only
in conjunction with retail and restaurant uses. The ground floor street
level of a multistory office structure shall contain a minimum of
80% retail or restaurant uses along the building frontage as defined
herein.
(E)
Auto sales and rentals, repairs and service are not permitted in any MU areas. Existing auto related businesses shall comply with Chapter 21.30, Nonconforming Uses, Buildings and Structures.
(F)
All commercial activities shall be conducted wholly within an enclosed
building, except that restaurants may have outdoor eating areas. Retail
kiosks and wireless computer services may be permitted in outdoor
plazas/public gathering spaces. Temporary commercial activities may
be permitted outdoors for special events such as farmer's markets
and community cultural fairs and other outdoor events, as determined
by the City Planner with a temporary use permit.
(Ord. 2097 § 3, 2013; Ord. 2190 § 7, 2020)
In mixed-use developments and commercial developments, the following
accessory uses are permitted:
(A)
Auditoriums, meeting facilities and parking structures shall be allowed
with a conditional use permit.
(B)
Household Pets. Owners of household pets shall be subject to Title
8 of this code, any restrictions imposed by applicable CC&Rs,
and any other policies or regulations by an applicable homeowners'
association.
(C)
Other accessory uses determined by the Planning Commission to be
compatible with the designated area.
(Ord. 2097 § 3, 2013; Ord. 2190 § 7, 2020)
(A)
The following uses shall be prohibited in all mixed-use development
areas:
(1)
Drive-through businesses;
(2)
Auto sales, rentals, repairs, or other commercial auto uses;
(3)
Gas stations;
(4)
Wholesale businesses, including warehousing and distribution;
(5)
Storage facilities;
(6)
Bars not associated with restaurants;
(7)
Manufacturing uses, except where manufacturing is directly related
to the on-site retail uses, occupies less than 30% of the gross floor
area, and all goods manufactured are sold at retail on-site;
(8)
Any use, when such use is determined to be hazardous in nature, either
by virtue of activity or product, or through the emission of noise,
pollutants or hazardous effluents;
(9)
Any use which uses or stores a hazardous material that has a degree
of hazardous rating in health, flammability or reactivity of Class
4 by U.F.C. Standard 79-3 or succeeding standards, any use which involves
the mixing or handling of hazardous or toxic chemicals, materials
or products, or any use which requires the construction of any H-1
or H-2 structure, including paint booths. An exception to this prohibition
is a use that handles and/or disposes of medical waste when such handling
and/or disposal is in compliance with federal or State regulations.
Subject to review and written approval by the City's Fire Chief, or
designee, additional exceptions may be permitted based upon the quantities
of materials handled and/or stored at the subject premises.
(B)
The following uses shall be prohibited in the following specified
mixed-use development areas:
(1)
In the MU-I area, residential units on the ground floor along the
street frontage, however, residential lobbies and entries for residential
units, are permitted on the ground floor;
(2)
In the MU-I and MU-II areas, medical facilities, clinics, laboratories,
medical equipment or medical supplies, on the ground floor.
(Ord. 2097 § 3, 2013; Ord. 2190 § 7, 2020)
The following standards shall apply to uses designated as mixed-use
in the General Plan and in the PD Zone:
(B)
Building Height. The maximum building heights for mixed-use developments
and commercial developments in the MU designation and PD Zone are
defined in Table 21.15(A) of this section.
|
Table 21.15(A)
Maximum Building Height
| |||||
|---|---|---|---|---|---|
|
Subdistricts
| |||||
|
MU-I
|
MU-I
|
MU-I
|
MU-II
|
MU-III
| |
|
Downtown Core
|
Downtown Perimeter
|
North Atlantic
|
East Garvey
|
Baltimore
| |
|
Mixed-Use & Commercial Developments
|
75′ or 5 stories
|
55′
|
75′ or 5 stories1
|
40′2
|
55′
|
|
All Other Developments
|
See underlying zoning
|
|
|
|
|
|
Footnotes:
| |
|---|---|
|
1
|
Buildings up to 130 feet are permitted within 200 feet of Hellman
Avenue per the General Plan.
|
|
2
|
When any portion of the structure is located within 25 feet
of an R-1 Zone, that portion of the building shall not exceed 15 feet;
for any portion within 35 feet of an R-1 Zone, that portion of the
building shall not exceed 25 feet per the General Plan.
|
|
3
|
See General Plan Figure LU-3, Focus Areas, and FAR Subdistricts
for boundary lines.
|
(1)
Rather than a continuous maximum height, the height of buildings
shall vary to provide human scale, contribute to community image and
improve the pedestrian experience of mixed-use connections.
(2)
To create a human scale adjacent to the pedestrian realm along Garvey
and Garfield Avenues, 50% of the building frontage at the edge of
the pedestrian realm shall, as a minimum standard unless site constrictions
restrict or interfere, not be higher than 40 feet on average within
20 feet of the pedestrian realm.
(3)
Unoccupied towers, elevator shafts, stairwells, light standards,
skylights, and similar architectural features may be allowed to project
an additional 15 feet beyond these height limits and should be placed
to create variety in massing and out of public view from the public
right-of-way.
(4)
Ground floor spaces in the Mixed-Use I area shall have a minimum
clear ceiling height of 14 feet.
(5)
In the MU-I North Atlantic Subdistrict, hotel developments will be
considered a mixed-use development and permitted a height not to exceed
75 feet, provided a minimum of 4,000 square feet of the ground floor
area is utilized as retail and/or restaurant to serve the pedestrian
realm.
(C)
Pedestrian Orientation and Setback Requirements.
(1)
Pedestrian Realm and Minimum Setback.
(a)
A minimum width of the public portion of the pedestrian realm is
required along the frontage of all commercial, residential, and mixed-use
developments.
(b)
For purposes of this section, the pedestrian realm width is measured
from the curb after any required dedication needed for street widening
and is required as follows:
(i)
Fifteen feet on Garvey Avenue (east of Atlantic Boulevard to
New Avenue);
(ii)
Twelve feet on Atlantic Boulevard;
(iii)
Twelve feet on Garfield Avenue;
(iv)
Twelve feet on Baltimore Avenue;
(v)
Twelve feet on Garvey Avenue (west of Atlantic Boulevard to
the mid-block point before Margarita Avenue).
(2)
Maximum Front Setbacks and Open Space Setbacks.
(a)
"Residential only" projects adjacent to the street frontage with
MU-II and MU-III designations shall have a minimum setback of five
feet and a maximum setback of 10 feet from the interior edge of the
pedestrian realm to allow for landscaping, stoops and entrance porches.
(b)
"Residential only" projects may be elevated above the sidewalk level
three to four feet for privacy with appropriate landscaping.
(c)
Nonresidential and commercial uses shall be located at or within
five feet of the interior edge of the pedestrian realm at or near
the same elevation as the sidewalk.
(d)
Additional setbacks beyond 10 feet may be permitted for outdoor dining,
pedestrian entrances, pedestrian arcades, building articulation, or
public gathering space, pocket parks, or open spaces oriented to the
pedestrian realm.
(3)
Side Setback. No side setback required unless the site is adjacent
to an R-1 Zone, in which case a 15 foot side yard shall be maintained.
(5)
Pedestrian Entry Ways.
(a)
Entrances to nonresidential uses, commercial uses, and mixed-use
developments shall be directly from the adjoining sidewalks.
(b)
In a new development, at-grade parking is not permitted on private
property adjacent to the pedestrian realm.
(c)
In rehabilitation of existing development, parking shall be screened
from view from the pedestrian realm by a three-foot wall or decorative
fence covered in vines or other similar feature.
(d)
At least 75% of the first floor building frontage area along Garvey
Avenue, Garfield Avenue, or Atlantic Boulevard, shall be comprised
of clear fenestration (store windows and doors). The area of the building
frontage is calculated by multiplying the front lineal feet dimension
by the lessor of the first story interior ceiling height or by a factor
of 10 feet.
(e)
Clearly marked pedestrian connections, attractive and human-scaled,
shall be provided between various uses, parking, street sidewalks,
and public spaces such as plazas, courtyards and recreational areas.
(D)
Open Space.
(1)
For commercial developments, the required pedestrian use open space,
excluding sidewalk within the public right-of-way shall be no less
than 12% of the site area. The open space is to be functional for
pedestrian use and is required to be on grade or if on an upper level,
open to the sky.
(2)
For mixed-use developments, open space and recreation space shall
be provided as follows:
(a)
The minimum required area of open space for a mixed-use development is 200 square feet per residential unit. The minimum open space required may be met through a combination of common and private residential open spaces. All required open spaces shall be usable, as defined in Section 21.15.030 of this chapter.
(b)
Private Open Space. Fifty percent of the open space area required
may be provided in private open spaces such as patios and balconies;
however, such private open space must have a minimum area of 75 square
feet and a minimum dimension of seven feet.
(c)
Common Open Space. A minimum of 25% of the common open space shall
be planted area with trees, shrubs, and gardens. Planters and planting
containers may be counted toward this requirement.
(i)
Common open space shall have a minimum width of 10 feet and
a minimum area of 200 square feet. Common open space may be located
on roofs, podiums, and decks.
(ii)
For developments of five residential units or less, 100% of
the open space requirement may be satisfied by private open space.
(iii)
Up to 10% of the common open space may be provided in an indoor
recreational area such as a gymnasium or a community room.
(E)
Off-Street Parking and Loading. Detailed parking standards are contained
in this title, Off-Street Parking Regulations, of this title, including
regulations for shared parking analysis for mixed-use and joint-use
development, except:
(1)
For the residential portion of a mixed-use development, a minimum of two spaces per unit shall be provided, except for senior housing for which the requirements of Chapter 21.16, Senior Citizen Housing Zone, of this title shall apply.
(2)
As the mixed-use designated areas are on transit corridors, and are
planned to be walkable, a reduction in the total number of parking
spaces required in this title, Off-Street Parking Regulations, of
this title may be permitted for mixed-use developments and commercial
developments that contain retail, restaurant, entertainment, and/or
neighborhood services on the ground floor if supported by shared parking
and parking demand studies. However, the total parking requirement
for retail, restaurants, entertainment and neighborhood service uses
combined shall not be less than three spaces/gross 1,000 square feet.
(3)
If two parking spaces are assigned exclusively to one residential
unit, spaces may be provided in tandem.
(4)
For every two spaces that are assigned to the use of a residential
unit, an additional 0.25 parking spaces per unit shall be provided
for guest parking. In a mixed-use development, this additional guest
parking may be shared with the parking for the nonresidential use
if supported by a shared parking analysis study.
(5)
Residential parking assigned to individual units shall be secured
and shall be located or assigned in such way as to distinguish it
from guest parking and parking for nonresidential uses.
(6)
For live/work units which include live/work flex space on the ground
floor and residential above the ground floor, the total number of
parking spaces provided shall be two spaces per unit, plus 0.5 work/guest
spaces per unit.
(7)
Parking along arterial streets shall not be located within the area
between the back of the pedestrian realm and a new building fronting
on the arterial street.
(8)
Loading space requirements shall be based on underlying zone; however,
if there is no commercial space on the ground floor of a residential
building, a loading space may not be required.
(9)
No parking, including the storage of trucks or other similar types
of vehicles or equipment, shall be permitted on unpaved areas.
(10)
The initial project developer, and any and all subsequent owners
of units within the development, shall participate in the construction
or funding of traffic improvements based on its proportional impact
share and long-term funding of a shuttle service in the downtown area.
(F)
Building Intensity and Residential Development Density.
(1)
For mixed-use developments and commercial developments, the maximum
base floor area ratio (FAR) and the incentive bonuses for developments
with additional amenities are defined in Table 2 and Table 3 of this
section.
(2)
If no amenities are provided, the maximum floor area ratios in Table
2 of this section may be allowed and are reserved for projects that
meet the basic Planning Commission development standards and design
guidelines, as determined in this section.
(3)
FAR calculation includes square footage that are devoted to residential
and commercial uses but does not include parking structure.
|
Table 21.15(B) Maximum Floor Area Ratios (FAR) Without Amenities
by Subdistrict for Basic Mixed-Use Developments and Commercial Developments
| |||||
|---|---|---|---|---|---|
|
Maximum Floor Area Ratios Without Amenities
|
Subdistricts
| ||||
|
MU-I
|
MU-I
|
MU-I
|
MU-II
|
MU-III
| |
|
Downtown Core
|
Downtown Perimeter
|
North Atlantic
|
East Garvey
|
Baltimore
| |
|
Mixed-Use Developments
|
|
|
|
|
|
|
For lots over 21,780 SF (½ acre). See 21.15.090(A)
|
Not Applicable1
|
Not Applicable1
|
Not Applicable1
|
0.75
|
0.65
|
|
For lots greater than 65,340 SF (1½ acre). See 21.15.090(A)
|
1.25
|
0.90
|
1.75
|
0.75
|
0.65
|
|
Commercial Developments
|
|
|
|
|
|
|
For lots over 21,780 SF (½ acre). See 21.15.090(A)
|
Not Applicable1
|
Not Applicable1
|
Not Applicable1
|
0.50
|
0.65
|
|
For lots greater than 65,340 SF (1½ acre). See 21.15.090(A)
|
1.00
|
0.65
|
1.50
|
0.50
|
0.65
|
|
Footnote:
| |
|---|---|
|
1
|
A minimum of 1.5 acres is required for mixed-use developments
in the MU-1 areas.
|
(4)
The maximum residential density for nonamenity mixed-use developments
is 30 dwelling units per acre for MU-I and MU-II designations.
(5)
The maximum residential density for a residential only project in
the MU-II designation is 12 dwelling units per acre.
(6)
The maximum residential density for the MU-III designation is 25
dwelling units per acre.
(G)
Maximum Size of Residential Units in Mixed-Use Developments. The
maximum size for any residential unit, including a live/work unit,
in a mixed-use development project shall be 2,000 square feet. For
live/work units, the 2,000 square foot limitation shall include both
the allotted live space and work space areas.
(Ord. 2097 § 3, 2013; Ord. 2181 § 3, 2020; Ord. 2190 § 7, 2020)
(A)
Mixed-use developments and commercial developments shall comply with the property development standards set forth in Section 21.15.090 of this chapter. However, if a project applicant provides three or more amenities as set forth in Section 21.15.110(A) of this chapter needed in the area beyond what may be required, the Planning Commission shall have reasonable discretion to reduce the minimum lot area to not less than one acre.
(B)
Mixed-use developments and commercial developments that request an increased FAR or increased residential density above basic mixed-use standards shall follow the use requirements and all the property development standards in this chapter, including providing additional amenities described in Section 21.15.110 of this chapter.
(Ord. 2097 § 3, 2013; Ord. 2190 § 7, 2020)
(A)
The maximum residential density permitted in the General Plan is
30 dwelling units per acre for projects that contain commercial and
residential uses. The density may be increased up to 50 units per
acre by providing three or more substantial amenities needed in areas
designated as MU-I. Substantial amenities shall mean amenities which
are significantly great enough to provide benefit, not only to the
project itself, but to the greater community. Substantial amenities
include, but are not limited to:
(1)
The provision of 10% or more of additional parking spaces for public
use which is in excess of those required for uses on the site, provided
that the project site is located in an area with a deficiency of public
spaces (that is, there are a number of adjacent businesses with little
or no parking). A parking study is required to demonstrate that additional
public parking is needed within one-half mile radius of the subject
site, in addition to the required on-site parking;
(2)
Contribution to an in-lieu parking fee program which contributes
to the construction of public parking facilities. The in-lieu parking
fee contribution shall be equivalent to providing an additional 10%
or more additional parking beyond the demand of the project;
(3)
The provision of a major public gathering space located adjacent
to the sidewalk with ample pedestrian amenities for downtown patrons
or other major pedestrian amenities, which results in substantial
open space greater than what is required in this chapter;
(4)
The provision of major transit improvements within a half mile radius
of the subject site, including an increase in sidewalk width at bus
stops, new transit shelters, special paving, and other pedestrian
amenities;
(5)
All or a major portion of the required parking on-site is located
underground;
(6)
The inclusion of key national tenants which the City wishes to attract
to provide a wide range of goods and services in downtown. A roster
of key national tenants shall be adopted by the City Council and amended
from time to time;
(7)
The inclusion of a community facility in the project that may be
used by residents and others from the community through a reservation
system;
(9)
In-lieu affordable residential unit fees;
(10)
Substantial public right-of-way improvement for purposes of promoting
pedestrian activity adjacent to and 150 feet beyond the project boundary.
(B)
As an incentive to include additional amenities needed in the area,
additional FAR for mixed-use developments and commercial developments
with pedestrian amenities may be permitted at intensities up to those
shown in Table 3 of this section through the provision of substantial
benefit, not only to the project itself, but to the surrounding community:
|
Table 21.15(C) Maximum Floor Area Ratios (FAR) by Subdistrict
for Mixed-Use Developments and Commercial Developments Qualifying
for Pedestrian Amenities
| |||||
|---|---|---|---|---|---|
|
Maximum Floor Area Ratios With Additional Amenities
|
Subdistricts
| ||||
|
MU-I
|
MU-I
|
MU-I
|
MU-II
|
MU-III
| |
|
Downtown Core
|
Downtown Perimeter
|
North Atlantic
|
East Garvey
|
Baltimore
| |
|
Mixed-Use Developments
|
|
|
|
|
|
|
Developments with additional amenities per Section 21.15.110
|
2.25
|
1.75
|
2.25
|
1.25
|
1.25
|
|
Commercial Developments
|
|
|
|
|
|
|
Developments with additional amenities per Section 21.15.110
|
2.00
|
1.50
|
2.00
|
1.00
|
1.25
|
(Ord. 2097 § 3, 2013; Ord. 2190 § 7, 2020)
To encourage flexibility, creativity and quality design that is sensitive to the surrounding urban context and unique site conditions, any proposed development in areas designated as MU-I, MU-II and MU-III, under this chapter, shall require design review pursuant to Chapter 21.36, Design Review, of this title.
(Ord. 2097 § 3, 2013; Ord. 2190 § 7, 2020)
The purpose of the design regulations is to create a high quality
and pedestrian-oriented environment for shoppers and pedestrians in
the mixed-use areas. The design regulations are intended to promote
a mixture of architectural styles and designs, pedestrian amenities,
building harmony, energy efficiency and environmental consciousness.
The design regulations are applicable to building renovations and
construction of new development projects within the MU-I, MU-II, and
MU-III areas.
(A)
Site Design.
(1)
Building Orientation.
(a)
Buildings shall be oriented to face primary street(s) with parking
underground, to the rear, or to the interior of a project site such
that no parking or loading space shall be located adjacent to or visible
from the public right-of-way.
(b)
If multiple buildings on the site are separated by parking lots,
the buildings shall be linked through the use of landscaping, trellises
and special paving materials and directional signage.
(c)
Rear of existing buildings shall be enhanced to improve public access
where appropriate, from parking lots and alleys.
(2)
Parking and Circulation. The visual impact of parking shall be minimized
by integrating parking facilities with surrounding development. Architectural
treatments and suitable landscaping shall be provided for the safety
and comfort of people using the facility as well as those walking
by. The parking portion of a structure shall be architecturally compatible
with the rest of the building and streetscape. Where appropriate,
incorporate one or more of the following treatments for parking lots
and structures:
(a)
Whenever possible, access to corner properties shall be from side
streets having the least traffic volume.
(b)
Where an alley exists, vehicular access to the property shall be
from the alley.
(c)
Parking facilities shall be set back from the sidewalk and screened
(by landscaping, berms, low walls, etc.).
(d)
Use a portion of the top of the parking level as an outdoor deck,
patio, solar panels, or garden with a rail, bench or other guard device
around the perimeter.
(3)
Landscaping. The building and site shall be enhanced with generous
landscaping, which includes special pavements, trellises, screen walls,
planters, and the site furniture, as well as plant material. To avoid
public safety problems, trees and shrubs shall be maintained so that
normal lines of sight are preserved and nighttime security lighting
remains effective. Landscape enhancement of the site may include some
of the following features:
(a)
Emphasize entries with special planting in conjunction with decorative
paving and/or lighting;
(b)
Incorporate a planter guard or lower planter wall as part of the
architecture;
(c)
Include special features such as a courtyard, fountain, or pool;
(d)
Distinctively landscape open areas created by building modulation;
(e)
Soften the building by screening blank walls, terracing retaining
walls, etc.;
(f)
Increase privacy and security through screening and/or shading;
(g)
Landscaping shall incorporate predominantly drought tolerant plants.
Turf areas shall be kept to a minimum;
(h)
Drip irrigation shall be used wherever possible.
(4)
Exterior Lighting. To promote a sense of security for people during
nighttime hours, lighting shall be provided on the building façade,
in merchandising display windows, in landscaped areas, and on signage.
The following lighting features shall be provided:
(a)
Distinctive features of the building shall be illuminated, including
entries, signage, and areas of architectural detail and interest.
(b)
Lighting shall be installed in window display areas that spills onto
and illuminates the sidewalk.
(c)
Exterior lighting shall be provided at building entrances, parking,
loading, and walkways.
(d)
The style of exterior lighting fixtures shall be coordinated with
the architectural style of the building.
(e)
Exterior lighting shall be downcast and oriented as to not produce
glare onto neighboring properties and within the public right-of-way.
(5)
Screening. Screening shall be used to decrease noise or visual impacts
and to provide privacy. The need for screening shall be considered
early in the design process so that screening elements (walls, fences,
berms, landscaping, etc.) can be properly integrated into the overall
project. The following screening mechanisms shall be provided:
(a)
Any outdoor equipment shall be appropriately screened from public
view. The method of screening shall be architecturally integrated
with the building in terms of style, materials, and color.
(b)
When screening is required at ground level, a combination of elements
shall be used to provide interest (berms, masonry walls, wrought iron,
trellises, landscaping, etc.).
(6)
Walls and Fences.
(a)
Walls and fences shall not be used if not required for separation
of land uses or to provide screening or security.
(b)
Where walls are visible from a public right-of-way or parking lot,
they shall be compatible with the site's architecture.
(c)
Landscaping shall be used in combination with walls/fences whenever
possible, to conceal their flatness, add greenery, and discourage
graffiti; clinging ivy with permanent irrigation system are effective
in certain circumstances.
(7)
Trash and Storage and Service and Storage Areas.
(a)
Trash container enclosures and service areas shall be located in
areas that are out of view from the general public areas and will
not interfere with parking, circulation, and shall be located with
consideration given to adjacent land uses to minimize negative impacts
upon neighboring properties, in particular residential land uses.
(b)
The trash enclosures shall be designed to be compatible with the
architectural character of the development.
(c)
Trash enclosure shall be constructed of concrete or masonry materials
and designed with finishes and colors that are unified and harmonious
with the principal building and incorporate landscape materials to
soften their impact.
(d)
Trash enclosure shall have solid opaque walls and doors and have
a solid roof structure that is constructed of non-combustible materials
consistent with the main structure.
(e)
All screening facilities and devices shall be of adequate size for
their intended purpose without blocking sight distances or creating
unnecessary barriers.
(f)
Additionally, any requirements of the project's stormwater pollution
prevention plan related to trash enclosures must be met.
(g)
All service areas shall be located out of a clear view from primary
vantage points, such as public rights-of-way, storefronts, building
and parking entries. If this is not possible, then the service areas
shall be effectively screened from public view, either with screen
walls of same material and generally integrated into the building
design or with landscaping.
(8)
Loading Areas and Building Equipment.
(a)
Loading areas shall be located from alleys and when no alley exists,
the access shall be from the street with the least traffic volume
away from main customer entrances and primary streets.
(b)
Overhead roll-up doors shall not be visible from public view but
are to be sufficiently screened architecturally or by landscaping.
(c)
Loading areas shall be of sufficient size and dimensions to allow
for easy maneuvering of trucks. See this title.
(d)
Utility meters, electrical cabinet and switchgear shall be located
within the building or architecturally and visually (by color and
embellishment) integrated into their surroundings to minimize visual
impact from public right-of-way and neighboring properties.
(e)
Ground-mounted utility structures, transformers, meter check valves,
etc, shall be softened with landscape plantings or incorporated into
trash or storage enclosures or screened areas to minimize visual impact
from public right-of-way and neighboring properties.
(9)
Alley. To increase pedestrian safety, comfort, and interest, portions
of the alley façade shall be developed in response to the unique
conditions of the site or project. As with streets, alleys shall accommodate
a variety of needs while providing for safe and comfortable pedestrian
environment. The following features shall be provided:
(10)
Energy Efficiency and Environmental Awareness. New developments shall
be designed with attention to energy saving and environmental conscious
means and methods. "Green building" standards shall be incorporated
and utilized whenever practicable and to provide design direction
to aid in the development of a more sustainable community. Key principles
of "green building" include sustainable site design (active and passive
solar), efficient use of water resources, reduced dependence on non-renewable
building materials (e.g., wheatboard cabinets, bamboo flooring, etc),
and improved indoor air quality.
(B)
Architectural Design.
(1)
Orientation. Building façades shall be oriented towards the
street and be directly accessible from the sidewalk.
(2)
Form and Mass.
(a)
Building design shall provide a sense of pedestrian scale, as appropriate.
(b)
Large buildings shall be designed to reduce their perceived height
and bulk by dividing the building mass into smaller-scale components.
(c)
Building mass shall be articulated with architectural elements, such
as awnings, wall offsets, recessed windows and entries, and covered
arcades.
(d)
Projects containing multiple buildings shall provide a variety in
size and massing. A transition from smaller buildings on street frontages
to larger and taller buildings on the interior of the property is
encouraged.
(3)
Roofs.
(a)
Rooftop mechanical equipment and electrical equipment and microwave
antennae shall be screened from public view from public right-of-way
and surrounding properties. All rooftop utility and mechanical equipment
shall be screened by integral building elements.
(b)
Flat roofs should incorporate a screening parapet topped with coping,
cornice, or if determined appropriate to the building's architectural
style, a modified mansard.
(c)
Exposed roof drains shall not be visible and shall be concealed inside
the building.
(4)
Parapets.
(a)
Parapet walls shall be treated as an integral part of the building
design and receive architectural detailing consistent with the rest
of the facade. It shall not appear as unrelated elements intended
only to screen the roof. The parapet wall shall turn or wrap around
the building corners to prevent the ends of a parapet from being visible.
(b)
Parapet walls shall appear solid and integrally designed with the
building's architecture. The parapet shall have a wall thickness of
not less than 20 inches.
(5)
Additions and Expansions.
(a)
Additions to buildings shall be an interpretation of the existing
building wherein the main characteristics of the existing building
are incorporated. This may include the continuation of architectural
lines from the existing building to the addition, repetition of fenestration
and entries, use of harmonizing colors and materials, and the inclusion
of similar architectural details such as lighting fixtures, window,
and door trim.
(b)
The scale and proportion of the existing building shall be considered
in the new design.
(c)
Appropriate building materials shall be selected.
(d)
The amount of storefront windows and doors should be maximized.
(e)
Replacement window and doors shall be compatible with the character
and design of the building.
(f)
Blank walls, greater than 20 feet, in any direction, shall not be
permitted.
(6)
Building Materials. The following materials are prohibited as exterior
wall materials:
(C)
Design Regulations for Downtown Monterey Park.
(1)
The design regulations for downtown Monterey Park shall apply to
the downtown core and downtown perimeter areas as shown in Figure
LU-3 of the General Plan. The existing buildings along Garvey Avenue
within downtown Monterey Park are modest one- and two-story structures
constructed in the 1950s. The character of downtown Monterey Park
is consistent and compatible with architectural features prevalent
during that time period: height and bulk, fenestration and building
materials. Although the architectural style of the buildings are non-descript,
recent new developments nearby are expressing a new sense of modern
architecture with curvilinear lines and using building materials that
range from sheet metal to natural stones. These design regulations
are meant to foster and create innovative contemporary design solutions.
In addition to the regulations listed above, these regulations specifically
relate to developments within the downtown Monterey Park area.
(2)
Promote Pedestrian Interaction. Spaces for street level uses shall
be designed to engage pedestrians with the activities occurring within
them. Sidewalk-related spaces shall appear safe, welcoming, and open
to the general public. Livelier street edges make for safer streets.
Ground floor shops and market spaces providing services needed by
downtown shoppers, visitors, and residents can generate foot traffic
on the streets, increasing safety through informal surveillance. Entrances,
arcades, open space, shop fronts, seating, and other elements can
promote use of the street front and provide places for cordial interaction.
Design decisions shall consider the importance of these features in
a particular context and allow for their incorporation.
(b)
Design for uses that are accessible to the general public, open during
established shopping hours, generate walk-in pedestrian clientele,
and contribute to a high level of pedestrian activities. Where appropriate,
consider configuring retail space to attract tenants with products
or services that will "spill-out" onto the sidewalk.
(3)
Setbacks.
(a)
Buildings in pedestrian-oriented areas shall provide continuous storefronts
at the street level front elevation.
(b)
Consider setting portions of the building back from the sidewalk
edge to create spaces conducive to pedestrian-oriented activities,
such as restaurant dining, sitting and resting.
(c)
Buildings located at intersections are encouraged to cut back their
corners a minimum of eight feet along street frontages to create a
diagonal at the street level. Main entrances to the building shall
be located on the diagonal where appropriate.
(4)
Parking and Access.
(a)
Off-street parking should not be visible from public rights-of-way.
The off-street parking location shall be at the rear of the site,
when a rear alley access is available. However, if the site does not
allow for parking at the rear, then the parking may be provided on
the interior of the site if the parking can be properly screened.
(b)
To minimize disruption of continuous storefronts, driveways to parking
lots shall not be located along the primary street frontage.
(c)
Shared driveways and long term parking agreements between adjacent
property owners are strongly encouraged; the agreement shall be reviewed
and approved by the City Attorney prior to recordation at the County
Recorder's Office.
(5)
Site Amenities.
(a)
Site amenities shall be coordinated with the building architecture
in terms of color, materials, and design.
(b)
Tree grates, with knockouts to accommodate a larger tree trunk as
the tree grows, shall be used in all pedestrian areas.
(c)
Planters and pots shall be used wherever possible. The location of
planters and pots shall not impede pedestrian flow. Use of cast stone,
masonry, and other natural materials is encouraged.
(d)
Strongly defined outdoor spaces, public courtyards, patios, plazas,
covered walkways and trellised areas shall be incorporated into the
building design and site plan.
(e)
Trash receptacle, bicycle rack, and newspaper rack design shall be
coordinated with other site amenities.
(6)
Façade Composition. Exterior walls shall provide visual interest
and include elements that will enhance building depth and character,
such as windows, trellises, columns, awnings, projected stories and
building materials. The use of appropriate pictorial murals, that
do not include the business name or other advertising, are permitted
pursuant to Planning Commission approval.
(7)
Storefront Design—Main Entrances.
(a)
The main entrance shall be easily identifiable, accessible and inviting
to pedestrians.
(b)
The door and entry area shall face and open onto the public sidewalk
to promote pedestrian activity.
(c)
Entry ways shall provide visual interest, be recessed by at least
the width of the door and have a decorative trim or molding to provide
additional identity, visual interest and sense of entry.
(d)
Doors to storefronts shall have a high percentage of glass to provide
an unobstructed view into the interior.
(e)
Corner buildings shall provide a prominent corner entrance, as appropriate.
(f)
The building's entry shall be highlighted with one or more of the
following architectural treatments:
(i)
Extra-height lobby or interior space;
(ii)
Distinctive doorways;
(iii)
Decorative lighting;
(iv)
Distinctive entry canopy;
(v)
Projected or recessed entry bay;
(vi)
Building name and address integrated into the facade or sidewalk;
(vii)
A change in paving material, texture, or color;
(viii)
Distinctive landscaping, including plants, water
features and seating; and
(ix)
Ornamental glazing, railing, and balustrades.
(g)
Portable air conditioners, vent fans and other similar equipment
placed in window, above door entries or other conspicuous places on
the primary facade are not allowed in new construction.
(8)
Windows.
(a)
Windows shall be designed to coordinate with the architectural style
of the building.
(b)
Transparency at the street level enlivens the street environment,
providing interest and activity along the sidewalk and at night providing
a secondary, more intimate, source of lighting.
(c)
The windows shall be as large as possible to provide visual penetration.
The height of the bottom of the window or bulkhead shall be no less
than 18 inches and no more than 30 inches to maximize visibility into
the retail interior.
(d)
Store window glass shall allow at least 70% transparency or light
transmission and upper floor windows shall allow at least 35% transparency
or light transmission. The use of reflective glass is prohibited,
except in larger buildings above the second floor where it may be
considered.
(e)
Security gates (scissor or solid material) are prohibited on the
exterior of the windows and doorway entries. Only roll-up mesh security
gates may be installed in the interior of the windows and doorway
entries.
(9)
Awnings. Awnings help to define the pedestrian realm and reduce the
scale of tall buildings and provide weather protection from the sun
and rain, resulting in a more pedestrian friendly environment.
(a)
Awnings shall be coordinated with the architectural style of the
building and with the shapes of the openings under the awnings.
(b)
Awnings shall be of durable material, commercial grade material,
canvas, matte finish vinyl or other similar matte material. Glossy
or shiny plastic or similar material shall be prohibited.
(c)
Awnings shall be well maintained, cleaned regularly, and replaced
when faded or torn.
(d)
The vertical dimension of the valance shall be no greater than 12
inches.
(e)
On multi-story buildings, the highest point of an awning shall not
be higher than the mid-point of the space between the second story
window sill and the top of the first floor window.
(10)
Signs.
(a)
All signs shall be oriented to pedestrians and/or persons in
vehicles on streets within the immediate neighborhood.
(b)
Roof signs are prohibited.
(c)
Wall-mounted signs.
(i)
Wall-mounted signs shall be reverse channel lettering with halo
lighting, front lighted wall signs, dimensional geometric shapes,
and three-dimensional forms.
(ii)
Sign size shall be in scale with the storefront. Twelve inch
high lettering shall be used for storefronts under 30 feet wide, 18
inch high lettering for storefronts between 30 and 60 feet wide, and
24 inch lettering for storefronts in excess of 60 feet wide.
(iii)
Internally illuminated "box" or "canister" signs
shall be prohibited.
(iv)
Signs above the first story (except window signs) shall be prohibited.
(d)
Projecting "Blade" Signs. Blade signs are intended to be distinctive,
to express the nature of the business, and to attract the attention
of pedestrians along the sidewalk.
(i)
The sign size shall be proportional to the buildings, but shall
not exceed eight square feet in area per side and placed no higher
than the lowest of the cornice line or the lower second floor opening.
(ii)
The sign shall not project more than four feet from the building
face and should be separated from other projecting signs by at least
20 feet to reduce clutter.
(iii)
The number of projecting signs per storefront
shall be limited to one, and it shall be hung perpendicular to the
wall surface.
(iv)
The bottom of the sign shall maintain a minimum eight-foot clearance
from the sidewalk.
(v)
Logical locations for projecting "blade" signs are the area
between or under awnings, over entryways and at building columns or
piers.
(Ord. 2097 § 3, 2013; Ord. 2190 § 7, 2020)
The application and established fee for approval of a conditional
use permit must be filed with the City Planner, and include the following
information in appropriate site plans and accompanying text:
(A)
The street address of the work and the name and address of the owner
and the person who prepared the plans.
(B)
The location, size, bulk, height and number of stories of all buildings
and structures including walls and fences and the materials of their
construction.
(C)
Architectural elevations of all buildings and structures.
(D)
Site plans drawn to scale showing the locations, size and dimensions
of yards, courts, setbacks, and all other open spaces between buildings
and structures together with the improvements of all driveways, parking
areas, walkways and means of access ingress and egress, and drainage,
and the dimensions and figuration of the parcel(s).
(E)
A landscape plan showing the location, size, species and quantity
of all landscaping and method of irrigation and signed by a licensed
landscape architect.
(F)
Location and size of exterior signs and outdoor advertising.
(G)
Location, dimension and method of improvements of all property to
be dedicated to the public or to public utilities.
(H)
Indication of the proposed use of the building(s) shown on the site.
(I)
Such other architectural and engineering data and plans as may be
required to ascertain compliance with the provisions of this chapter.
(Ord. 2097 § 3, 2013; Ord. 2135 § 11, 2016; Ord. 2190 § 7, 2020)
The conditional use permit requires a public hearing before the Planning Commission pursuant to the procedure set forth in Chapter 21.32 of this title. Prior to submittal of the conditional use permit to the Planning Commission, the City Planner must determine that the plan complies with the following findings:
(A)
The plan for the proposed project consists of buildings and structures
that are of good design and in general contributes to the image of
Monterey Park as a place of creativity and individuality.
(B)
The proposed buildings or structures are not of inferior quality
such as to cause the nature of the local environment to materially
depreciate in appearance and value.
(C)
The proposed buildings or structures and use thereof are compatible
with developments of land in the general area. Consideration of scale,
height, bulk, materials cohesiveness, community, traffic, the desirability
of preserving a sense of open space, and the need for privacy are
deemed to be important considerations of compatibility.
(D)
The proposed development is in conformity with the standards of this
chapter and other applicable ordinances insofar as the location and
appearance of the buildings and structures are involved.
(E)
The proposed buildings or structures and its use would not unreasonably
interfere with use or enjoyment of property in the vicinity by the
occupants thereof of lawful purposes, and would not adversely affect
the public peace, health, safety or general welfare.
(F)
The proposed buildings or structures and its use are in compliance
with the General Plan.
(Ord. 2097 § 3, 2013; Ord. 2135 § 12, 2016; Ord. 2190 § 7, 2020)
(A)
Upon recommendation by the City Planner, the body which granted final
approval of a precise plan shall conduct a noticed public hearing
to determine whether such precise plan approval should be revoked.
If the granting body finds any one of the following facts to be present,
it shall revoke the approval:
(Ord. 2097 § 3, 2013; Ord. 2132 § 1, 2016; Ord. 2190 § 7, 2020)
Any precise plan approval permit shall be null and void if it
is not exercised within the time specified in the resolution approving
such precise plan, or, if no time is so specified, if the same is
not exercised within one year from the date the approval becomes final,
provided that if litigation is filed prior to the exercise of such
rights, attacking the validity of such approval, the time for exercising
such rights shall be automatically extended pending a final determination
of such litigation. The granting body, upon good cause shown by the
applicant, may extend the time limitations imposed by this section
once, for a period of not to exceed one year without a public hearing.
(Ord. 2097 § 3, 2013; Ord. 2190 § 7, 2020)
(A)
Any condition imposed upon the approval of a precise plan may be
modified or eliminated, or new conditions may be added, provided that
the granting body shall first conduct a public hearing hereon, in
the same manner as is required for the granting of the same. The granting
body must make the following findings prior to granting such modification:
(1)
The proposed modification is consistent with State and local law;
(2)
The proposed modification is consistent with the General Plan and
Zoning Code;
(3)
The proposed modification is consistent with the original purpose
and intent of the precise plan; and
(4)
The proposed modification will promote the public convenience, health,
interest, safety, or welfare of the City, and will not adversely affect
the orderly development of property or the preservation of property
values.
(Ord. 2097 § 3, 2013; Ord. 2132 § 1, 2016; Ord. 2190 § 7, 2020)
Failure to give notice in the manner prescribed in this chapter
shall have no effect upon any proceeding before the commission or
the council.
(Ord. 2097 § 3, 2013; Ord. 2190 § 7, 2020)
