The purpose of the MU-P district is to (a) implement the Sand City General Plan land use policies relating to the mixed use classification illustrated on the General Plan Diagram; (b) encourage development and redevelopment of mixed residential, commercial, and light-industrial uses that ensure land use compatibility; (c) encourage the creation of living wage jobs; (d) provide for the continued availability of light manufacturing and commercial businesses; (e) provide opportunities for office development where it will not unduly interfere with light manufacturing and commercial uses; (f) allow on-site ancillary retail uses to maintain and enhance the economic viability for manufacturers, artists and artisans in the district; and (g) allow buildings and site areas where living and working environments can be combined in an effort to reduce work commutes and provide for a more lively area of town.
(Ord. 16-05 §9; Ord. 25-01, 2/18/2025; Ord. 25-05, 9/16/2025)
Principal permitted uses in the MU-P district are:
A. 
All legal businesses and uses existing within the MU-P district at the time of the adoption of the ordinance codified in this chapter shall be considered permitted uses, but only on the sites they currently occupy. All businesses and uses within existing conditional use permits at the time of the adoption of said ordinance shall be allowed to continue as a use permitted by conditional use permit, and only on the site they currently occupy. Expansion of any of these uses beyond their current locations will require conditional use permit approval by the City and will be subject to the MU-P development standards and land use compatibility requirements.
B. 
Expansion of existing commercial and industrial uses on-site or substantial remodeling or renovation resulting in more than a 25% increase in floor area or building coverage shall require the issuance of a conditional use permit and will subject the entire commercial or industrial use to the current site development standards of the MU-P district.
C. 
Multiple dwellings, mixed-use, and planned unit development projects that meet any of the following criteria shall be permitted by-right, subject only to a site development permit:
1. 
Housing projects with four or fewer units; OR
2. 
Housing projects with five or more units where at least 20% of the units are affordable to lower-income households.
D. 
Employee housing (serving six or fewer persons), transitional housing, and supportive housing shall be considered permitted uses by-right, subject only to a site development permit and permits similar to other uses of the same type in the same zone. Employee, transitional, and supportive housing shall all mean as defined in Chapter 18.04 of this title.
E. 
Residential care facilities (small and large) shall be considered a permitted use by-right subject only to a site development permit and permits similar to other uses of the same type in the same zone. Residential care facility shall mean as defined in Chapter 18.04 of this title.
F. 
Low barrier navigation centers shall be considered a permitted use by-right. Low barrier navigation center shall mean as defined in Chapter 18.04 of this title.
(Ord. 16-05 §9; Ord. 25-01, 2/18/2025; Ord. 25-05, 9/16/2025)
Accessory uses in the MU-P district are those uses integrated with, but subordinate to, a permitted or conditional use.
(Ord. 16-05 §9; Ord. 17-02 §1; Ord. 25-01, 2/18/2025; Ord. 25-05, 9/16/2025)
Conditional uses, subject to the issuance of a conditional use permit from the City Council are:
A. 
Public or quasi-public uses;
B. 
Commercial recreation;
C. 
Light-manufacturing;
D. 
Live/work units;
E. 
Art/craft studios;
F. 
Laboratories, motion picture studios, recording studios, radio/television broadcast stations, photo processing/printing;
G. 
Open air markets;
H. 
Brew pubs, wine tasting;
I. 
Retail establishments;
J. 
Restaurants, food service, food take out;
K. 
Bakeries, catering commercial kitchens;
L. 
Service, commercial;
M. 
Hotels, motels, inns;
N. 
Medical and professional offices;
O. 
Single-family and multifamily development at densities no greater than established by this chapter;
P. 
Any other use the City Council finds to be consistent with the goals and policies of the Sand City General Plan and the purposes of this zoning district;
Q. 
Single room occupancy (SRO) units.
(Ord. 16-05 §9; Ord. 17-02 §2; Ord. 25-01, 2/18/2025; Ord. 25-05, 9/16/2025)
Area and setback requirements in the MU-P district are as follows:
A. 
No parcel or lot created after January 17, 1984, shall have an area of less than 3,750 square feet; provided, however, that the minimum land area of a parcel or lot in the MU-P district created on or before January 17, 1984, and improved with a single-family residence shall be 1,875 square feet.
B. 
Minimum front yard setback: six feet. Exception: At grade patios, porches or stoops are permitted within the setback area.
C. 
Minimum side and rear yard setbacks: zero feet.
(Ord. 16-05 §9; Ord. 25-01, 2/18/2025; Ord. 25-05, 9/16/2025)
A. 
Applicable fence height limits and other regulations as contained in Sections 18.62.050 and 18.62.060.
B. 
Site plan approval by the City Council is required for all construction and physical site alterations in the MU-P district.
C. 
On-site parking and loading facilities as provided in Chapter 18.64. Dwelling unit density may be restricted beyond that allowed by this chapter if insufficient off-street parking is not provided to meet Chapter 18.64.
1. 
Notwithstanding Chapter 18.64, parking shall not be required for residential developments that include affordable senior units, disabled housing units or units within 1/2 mile of a major transit stop, as set forth in Government Code Section 65863.2.
D. 
Height Limitations. Maximum 60 feet, including roof equipment, but subject to discretionary limitation of less than 60 feet in the approval of land entitlement permits. Maximum allowable building heights shall be based upon a mean average of the sum of a building's height of all building elevations at existing grade. Buildings exceeding 60 feet in average height shall be subject to discretionary conditional use permit approval and must satisfy, at a minimum, all of the following findings; but under no circumstances shall any height exceed 85 feet.
Findings:
1. 
That section of rooftop exceeding the 60 foot limit does not do so along the entire roofline, whereby the roof-line varies, oscillates, and/or staggers in height, but does not exceed more than 85 feet at its highest point.
2. 
All windows and other reflective surface on any segment of a building over 60 feet in height shall incorporate a non-reflective glazing or other similar material/treatment to mitigate glare and reflections.
3. 
Any project exceeding 60 feet in height shall be subject to a consistency determination by the Monterey Airport Land Use Commission, prior to City Council consideration of such a project.
Exceptions to Height Limitations. Height limitations stipulated in this chapter may be granted exceptions, subject to conditional use permit approval, for the following: one story cupolas and domes, chimneys, flagpoles, open rooftop decks, rooftop stairway and elevator penthouses/access, vertical antennae, rooftop equipment screening, solar collection devices, and green roof elements.
E. 
Design Review Regulations Apply.
F. 
A coastal development permit shall be required for all construction and physical site alterations in the MU-P district where a site designated as MU-P also falls within the coastal zone boundaries of the City. In such cases, these areas shall be shown on the zoning map as CZ-MU-P, and uses within this area shall be subject to the limitations of Chapter 18.26.
G. 
In order to determine if proposed new businesses and residential uses within the MU-P district are compatible with ambient conditions, the following additional submissions may be required as part of the conditional use permit, coastal development permit, or site plan review process: (1) material safety data sheets; (2) fire department approval and agreement to annual inspections if hazardous materials are involved with the proposed use; and (3) an acoustical analysis by a licensed acoustical engineer. Above-standard sound proofing may be required to insure compatibility with nearby or planned residential uses.
H. 
Housing Density. The MU-P District shall allow a minimum of 20 dwelling units per acre and a maximum of 81 dwelling units per acre.
1. 
All density calculations resulting in fractional units shall be rounded to the nearest whole number.
2. 
Residential densities allowed under this chapter shall be restricted and limited by a consolidated lot's ability to provide minimum required off-street parking in accordance with Chapter 18.64 of this title, to the satisfaction of the City Council, or unless waived by the City Council at its sole discretion.
3. 
Density restrictions of this chapter shall not impede application of density bonuses/incentives as specified by Chapter 18.59 of this title.
4. 
Residential units built and existing per the housing density bonuses of this chapter may be reclassified, subdivided and recorded as individual residential condominium units, subject to City approval and recording of relevant covenants, conditions, and restrictions (CC&Rs) documentation and related parcel map(s) to that effect; without consequence to the number of units that were originally granted per the terms of this chapter, provided that such reclassification does not increase the number of residential units existing at that time.
(Ord. 16-05 §9; Ord. 17-02 §§3—5; Ord. 25-01, 2/18/2025; Ord. 25-05, 9/16/2025)