There is created, as an overlay zone, the mixed-use overlay zone. Properties shall be classified in the overlay zone in the same manner as property is reclassified from one zone classification to another in the manner set forth in Chapter
17.104 of this code. When property has been classified in the mixed-use overlay zone, it shall be designated upon the official zoning map of the city adopted pursuant to Section
17.12.020 of this code, by adding thereto the parenthetically enclosed letters "MUOZ" after the zoning symbol which indicates the zone in which the property to which it relates is classified pursuant to this code.
(Ord. 1254 § 1, 2020)
The overlay zone as created by this chapter shall be applied
only to those lots from 7020-7030 Atlantic Avenue that are currently
zoned C-3.
(Ord. 1254 § 1, 2020)
The purpose of the adoption of the provisions of this chapter
is to provide, as to properties, which are classified in the overlay
zone:
A. A reasonably
flexible path for development which will provide for development of
the impacted properties, in a manner consistent with the city's general
plan and the provisions of this title; and
B. A mechanism
to ensure the maintenance of desirable environmental features after
development of such property; and
C. For
the utilization of innovative land planning devices and building design
in order to achieve high quality residential and commercial projects.
(Ord. 1254 § 1, 2020)
Uses which shall be permitted by right on any MUOZ property,
subject to an administrative site plan review, shall be limited to
the following uses: (1) multiple-family residential (up to 30 dwelling
units per acre) above the first floor; and (2) neighborhood serving
commercial uses on the first floor, subject to the review and approval
of the director of community development.
(Ord. 1254 § 1, 2020)
Only the principal and accessory uses set forth in this section,
shall be permitted uses. No person shall use, nor shall any person
permit the use of, mixed-use overlay zoned lot for any use except
the following principal and accessory uses:
A. Principal
Use. Multiple-family dwelling units above the first floor, up to 30
dwelling units per acre.
B. Accessory
Uses. The following accessory uses, and no others, shall be permitted
on all such zoned property:
1. Accessory dwelling unit pursuant to Chapter
17.54.
2. Domestic animals may be kept in residential zones as permitted by Bell Municipal Code Section
6.04.010.
3. Home
occupations, provided that there is:
a. No display or storage of goods, wares, merchandise, or stock in trade
maintained on the premises, and
b. No one, other than one person residing on the lot where the home
occupation is located, shall be regularly employed in such occupation,
and
c. No equipment used in conjunction with such occupation, which emits
dust, fumes, noise, odor, etc., which would or could interfere with
the peaceful use and enjoyment of adjacent properties, and
d. Not more than 200 square feet of the floor space of the dwelling
is devoted to such use, and
e. No appreciable increase of traffic, pedestrian and vehicular, by
reason of such occupation, and
f. No alteration of the structure, nor the use of any signs not otherwise
permitted in the zone in which the occupation is located.
C. Private
Open Space. Each residential unit shall be provided with at least
one area of private open space accessible directly from the living
area of the unit, in the form of a balcony at a minimum area of 150
square feet per unit.
(Ord. 1254 § 1, 2020)
The following regulations shall be limitations on, and be applicable
to, all uses on mixed-use overlay zoned lots.
A. Dismantling
or Storage of Vehicles Prohibited.
1. Definitions.
The following words, for the purpose of this subsection, shall be
defined as follows: "Disabled vehicle" means a vehicle which is not
operable, by reason of the removal of, or damage to integral component
parts.
"Dismantle"
means the removal or stripping of one or more component parts
from a vehicle.
"Inoperable vehicle"
means a vehicle that cannot be operated on a public street
either because of noncompliance with the California
Vehicle Code or
the mechanical condition of the vehicle is such as to render it unsafe.
"Park"
means the standing of a motor vehicle, other than for the
purpose of loading or unloading merchandise or passengers.
"Repair"
means the work necessary to restore a vehicle to a usable
condition.
"Store"
means to keep or locate for future use.
"Vehicle"
means and includes motorcycle, motor-driven cycle, motor
truck, recreational vehicle, station wagon, truck, tractor and vehicle,
as these phrases are defined in the
Vehicle Code of the State of California,
and all similar types of vehicles.
2. Parking
of Vehicles. No person shall park any vehicle for any purpose, in
any area, on any mixeduse overlay zoned lot, other than in a legally
established parking facility or driveway leading to such parking facility.
3. Storage
of Inoperable Vehicles Prohibited. No person shall store any inoperable
vehicle or component thereof on any mixed-use overlay zone.
4. Repair,
Dismantling of Vehicles, Prohibited. No person shall assemble, repair,
dismantle or store any vehicle, other than as provided in this section,
on any part of any mixed-use overlay zoned lot.
5. Exception.
Provided, that the prohibition imposed by subdivision 4 of this subsection
shall not be deemed to apply to the occasional and incidental repair
of vehicles owned or leased by the person in possession of the lot
on which such work takes place; provided that a disabled vehicle which
is being repaired or assembled shall not be stored for a period longer
than seven consecutive days within any 30 day period.
C.
Exterior Lighting. All exterior lighting operated or maintained
in conjunction with any activity or purpose on any mixed-use overlay
zoned lot shall be arranged so as to reflect the light away from any
other property.
D. Commercial
Vehicles. No person shall park or store any commercial vehicle, as
that phrase is described in the
Vehicle Code of the State of California
in any mixed-use overlay zone.
(Ord. 1254 § 1, 2020)
The use of each mixed-use overlay zoned lot shall comply with
all of the following development standards:
A. Minimum
Lot Area. The minimum lot area of a mixed-use overlay zoned lot created
after December 31, 1989, shall be 7,200 square feet.
B. Minimum
Lot Width.
1. Interior
Lots. Each interior mixed-use overlay zoned lot created after December
31, 1989, shall have a minimum width of 60 feet.
2. Corner
Lots. Each mixed-use overlay zoned corner lot and reverse corner lot
created after December 31, 1989, shall have a minimum lot width of
65 feet.
C. Lot
Area per Dwelling Unit. One unit may be located upon a mixed-use overlay
zoned lot for each 1,452 square feet of lot area of such lot.
D. Building
Bulk. Buildings, including accessory buildings and structures, may
cover all of the area of any lot in the mixed-use overlay zone, except
for required yard areas, and areas required for off-street parking.
E. Building
Height. No primary building or structure located on a mixed-use overlay
zoned lot shall exceed a height of four stories or 45 feet.
F. Minimum
Setbacks. Each lot in the mixed-use overlay zone shall maintain front,
side and rear yards in conformance with the following requirements:
1. Front
Yard Setback. Each lot in the mixed-use overlay zone shall maintain
a front yard setback area of not less than 15 feet in depth, or a
depth equal to that of the average front setback of the properties
along the same side of the block whichever depth is the lesser.
2. Side
Yard Setback.
a. Interior Lots. A mixed-use overlay zoned interior lot shall have
and maintain a side yard setback area having a minimum width of five
feet.
b. Corner Lots. Each mixed-use overlay zoned corner lot shall maintain
the following side yard setback:
i. On a side yard which abuts another lot, the width of the required
side yard setback shall be a minimum of five feet.
ii. On the street side, the required side yard setback shall be a minimum
of 10 feet in width.
c. Reverse Corner Lots. Each mixed-use overlay zoned reverse corner
lot shall have and maintain the following side yard setback:
i. The side yard which abuts another lot, the side yard setback shall
be a minimum of five feet in width; and
ii. A side yard abutting a street shall be at least 15 feet in width.
3. Rear
Yard Setback. Each mixed-use overlay zoned lot shall have a rear yard
setback at least 10 feet in depth.
(Ord. 1254 § 1, 2020)