061824 CED Housing Element Study Session Draft HIOZ Development Standards — City Council - Successor Agency

Site Development Standards for Multiple-Family
Residential, Housing Incentive Overlay Zone (HIOZ), and Mobile Home Zone Classifications

The following development standards apply to the R-G, R-3R, R-3, R-3P, R-4, R-5, R-MH, and HIOZ zones. For mixed-use development projects, refer to Chapter 15.30.040 (Mixed-Use Development). Where conflicts between provisions exist, the more restrictive standard shall apply.

A. Building Standards

1. Lot Standards
a. Lot standards for Multiple-Family Residential Zones shall be prescribed in Table 15.17.070.A.

b. Exception: The permitted lot area per dwelling unit shall be 1,600 square feet per unit when at least 80 percent required parking is fully below natural grade or when two pre-existing, legal lots are consolidated into one lot of 20,000 square feet or greater having access from a public alley.

Table 15.17.070.A
Lot Requirements for Multiple-Family Residential Zones

R-G R-3R R-3/ R-3P R-4 R-5 R-MH HIOZ
Minimum lot area 7,200
SF
8,800
SF
10,000
SF
20,000
SF
30,000 SF 5 acres 15,000
SF
Minimum lot area
per dwelling unit
3,600
SF
2,200
SF
1,600 SF 1,150 SF N/A 4,000 SF N/A
Maximum lot
coverage
60% 60% 60% 60% 60% 70% N/A

2. Setbacks Standards
a. Building setback standards for Multiple-Family Residential Zones shall be as prescribed in Table

15.17.070.B and as illustrated in Figure 1.

b. Building setbacks shall be measured from the property line.

c. Exception: When the combined area of the required setbacks from public streets exceeds 25 percent of the total lot area, said setbacks may be reduced so as not to exceed 25 percent of the total lot area, subject to the approval of the Director of Development Services.

d. The following elements are allowed to encroach into the setback:

i. Landscaping per 15.17.070.B.4.

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ii. Walls and fences per 15.17.070.B.3
Table 15.17.070.B
Minimum Building Setbacks for Multiple-Family Residential Zones

R-G, R-3R, R-3, R-3P, R-4, R-5 R-MH HIOZ
Along Street (A) 15 feet 15 feet 10 feet
Along Side Street (B) 15 feet 15 feet 10 feet
Along Alley (C) 5 feet (1) 5 feet 5 feet (1)
Along Interior Lot Line (D) 5 feet (1) 10 feet 5 feet (1) (1) Setback standard applicable to the ground floor (i.e., at finished grade). See 15.17.070.A.3 (Step-Back Standards) for upper-story step-backs.

Figure 1. Building Setbacks

3. Step-Back Standards
a. Building step-back standards for Multiple-Family Residential Zones shall be as prescribed in Table

15.17.070.C and illustrated in Figure 2.

b. Building step-backs shall be measured from the setback line.

c. Building step-backs shall occur for a minimum of 70% of the façade length.

d. The Director of Community and Economic Development shall determine the step-back requirement for buildings over five stories.

e. The following elements are allowed within the step-back:

i. Open space per 15.17.070.B.
ii. Landscaping per 15.17.070.B.4.
iii. Walls and fences per 15.17.070.B.3.

Table 15.17.070.C
Minimum Building Step-Backs for Multiple-Family Residential Zones

R-G, R-3R, R-3, R-3P, R-4, R-5, and HIOZ
2nd story 3rd story and above
Street (front and side) 0 feet 0 feet (1)
Along Alley or Interior Lot Line 5 feet 5 feet (1)
(1) The Director of Development Services shall determine the step-back requirement for buildings over five stories.

4. Height Standards
a. Building height standards for Multiple-Family Zones shall be as prescribed in Table 15.17.070.D.

b. Building height shall be measured from natural grade.

c. In the multiple-family residential zones R-3, R- 3P, R-3R, R-4 and R-5, where subterranean parking is used, and such parking area is a basement as defined in Chapter 15.04 (Definitions), then the story above said basement shall be considered the first story of the structure.

Table 15.17.070.D
Maximum Height Requirements for Multiple-Family Residential Zones

R-G, R-3R, R-3, R-3P, R-4, R-5, and HIOZ R-MH
Maximum height limit
for parcels within 100
feet of property with
an R-1 zone
classification
Two-story
30 feet.

If a multiple-family structure is located down-slope from an adjacent R-1 zoned property, the following maximum
height limits shall apply as illustrated in Figure 3.

- For a grade differential of less than 20 feet, a 30 feet maximum height limit applies.

- For a grade differential of more than 20 feet, a 40 feet maximum height limit applies.

35 feet
Maximum height limit
for parcels greater
than 100 feet from a
property with an R-1
zone classification
Unlimited 35 feet

Figure 3. Maximum Building Height for Parcels within 100 feet of R-1 Zones.

5. Façade Modulation and Articulation Standards
a. Façade break. A building façade with frontage along a street shall not span a continuous horizontal length greater than 150 feet unless it includes at least one break or interruption in the façade with a minimum length of 20 feet and minimum depth of 5 feet, as illustrated in Figure 4.

Figure 4. Façade Break

b. Façade modulation and articulation. A building façade with frontage along a street shall not span a continuous horizontal length greater than 50 feet unless it articulates at least 25% of the total façade area utilizing at least one of the following techniques and as illustrated in Figure 5:

i. Building step-backs, recesses/reliefs, and/or projections of at least 2 feet in depth, ii. Use of balconies, decks, porches, patios, and/or terraces, and/or

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iii. Use of awnings, lattices, louvers, and/or other shading devices as approved by the Director of Development Services.

Figure 5. Façade Modulation and Articulation

c. Blank facades. All building façades shall not span a continuous horizontal length greater than 20 feet unless it includes a façade opening, such as window or door, as shown in Figure 6.

Figure 6. Blank Facades

6. Ground Floor Standards
a. Building entries. Each building façade with frontage along a street shall incorporate a minimum of one ground floor building entry with a pedestrian connection, such as a sidewalk or walkway, to the street. All entries shall be recessed a minimum of 30 inches from the façade.

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b. Ground floor dwelling units. Each individual ground floor dwelling unit with frontage along a street shall provide its own ground floor entry with a pedestrian connection, such as a sidewalk or walkway, to the street, as illustrated in Figure 7.

Figure 7. Entries for Ground Floor Dwelling Units

c. Façade Openings. Each ground floor façade shall dedicate at least 25% of the façade area to façade openings, such as windows or doors, as illustrated in Figure 8. The use of tinted, mirrored, or reflective glass is prohibited.

1. Private Open Space Standards
a. Private open space standards for Multiple-Family Zones shall be prescribed in Table 15.17.070.E.

b. Each residential unit shall provide at least one private open space that is usable in the form of a balcony, deck, porch, patio, or terrace that measures at least 6 feet in any direction.

c. All such private open space areas may be counted on a one-for-one basis up to a total of one-third of the required open space.

d. Private open spaces shall not include any portion of off-street parking space, driveways, turnaround areas, required street setback area, or any accessory building or rooftops, except those portions thereof used for outdoor living or recreational purposes. Private open spaces shall also not be included within any common open space and any private open space occurring next to any common area shall be separated by a fence or wall architecturally designed to match the building.

e. In R-5 zones only, and only in those R-5 projects containing no dwelling unit of over one bedroom, up to 25 percent of any landscaped or recreational area developed and maintained above grade on top of buildings or site structures may be counted as open space rather than as covered space in computing total site coverage, provided that the area so counted shall not total more than 50 percent of the required site open space.

2. Common Open Space
a. Multiple-family residential projects shall provide common open space as “usable open space” as defined in 15.17.040.C (General Site Development Standards – Usable Open Space).

b. Common open space standards for Multiple-Family Residential Zones shall be prescribed in Table

15.17.070.F based on the number of units and bedroom mix.

c. Common open space shall be landscaped per 15.17.050.B.4 (Landscaping).

Table 15.17.070.E
Private Open Space Requirements per Unit for Multiple-Family Residential Zones

R-G, R-3R, R-3, R-3P, R-4, and RM-H R-5, HIOZ
Minimum area of
usable private open
space required per
dwelling unit
100 square feet

67 square feet

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Table 15.17.070.F
Common Open Space Requirements per Unit for Multiple-family Residential Zones

Number of Bedrooms
per Dwelling Unit
R-G, R-3R R-3/ R-3P R-4 R-5, HIOZ R-MH
Studio No Bedrooms 600 SF 400 SF 300 SF 200 SF 750 SF
1 600 SF 400 SF 300 SF 200 SF 750 SF
2 800 SF 600 SF 450 SF 300 SF 750 SF
3 1,000 SF 800 SF 600 SF 400 SF 750 SF
Additional bedrooms 200 SF each 200 SF each 150 SF each 100 SF each N/A

3. Fences and Walls
a. Fences and walls for multiple-family residential projects shall be regulated as outlined in Section

15.17.050.G (Fences and Walls).

4. Landscaping
a. Applicability. Landscaping for multiple-family residential projects shall be regulated as outlined in Chapter 15.50 (Landscaping and Irrigation Requirements) for the following:

i. Installation of new landscaped areas; or

ii. Rehabilitation of existing landscaped areas where affected landscaped area is equal to or greater than 2,500 square feet.

iii. Installation of new landscape areas less than 2,500 square feet in aggregate may opt to comply instead with the prescriptive measures contained in Chapter 15.50 Appendix A.

iv. New or rehabilitated projects using treated or untreated graywater or rainwater captured on site, any lot or parcels within the project that has less than 2,500 square feet of landscape area and meets the lot or parcel’s landscape water requirement (Estimated Total Water Use) entirely with the treated or untreated graywater or through stored rainwater captured on site is subject only to Appendix A Section (5).

b. Setbacks. All street and alley setbacks shall be landscaped except for pedestrian and vehicular access ways, parking areas, or other non-irrigated areas designed for non-development (e.g., existing native vegetation).

c. Parking Areas. All open parking areas (e.g., non-structured, non-garage) shall be landscaped and shall provide the following:

i. Planters with a total landscaped area of a minimum of 25 square feet per parking space or 8% of the total area of the open parking area, whichever is greater. Planters should be distributed throughout the open parking area.

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ii. Trees with a total shaded area (e.g., the area under the tree canopy or dripline 15 years after installation) of a minimum of 50% of the total area of the open parking area. Trees should be distributed throughout the open parking area.

d. Common Open Spaces. All common open space areas shall be landscaped and shall provide the following.

i. Landscaping. A minimum of 25 percent of outdoor common open space shall be planted area with a minimum dimension of 30 inches in any direction.

ii. Trees. A minimum of one 24-inch box tree for every 500 square feet of outdoor common open space shall be planted within the common open space. For projects with 2 or more trees, a minimum of 50 percent of all trees planted shall be shade trees.

iii. For projects greater than 5 acres in size. Pedestrian accessways and publicly accessible usable open space per 15.17.070.D.3.

C. Parking Standards

1. Off-Street Parking Standards
a. Off-Street parking shall be provided in accordance with Section 15.17.080 (Parking Standards).

b. Off-Street parking standards for Multiple-Family Residential Zones shall be prescribed in Table

15.17.070.G.

Table 15.17.070.G
Off-Street Parking Requirements per Unit for Multiple-family Residential Zones

R-G, R-3R, R-3, R-3P and R-4 R-5 HIOZ
Studio No
Bedrooms

1.25 spaces plus 0.5 guest spaces

1 1/4 garage or carport1spaces
plus 1/2 space open guest parking

1.75 spaces

1 ¾ spaces, open or
covered, per dwelling
unit
1 space plus 0.1
guest spaces.
1 Bedroom 1.5 spaces plus 0.5 guest spaces

1 1/2 garage or carport1 spaces
plus 1/2 space open guest parking
2 spaces

2 spaces, open or
covered, per dwelling
unit
1 space plus 0.1
guest spaces.
2 Bedrooms

1.75 spaces plus 0.75 guest spaces

1 3/4 garage or carport1 spaces
plus 3/4 space open guest parking

2.5 spaces

2 ½ spaces, open or
covered, per dwelling
unit

1.5 spaces plus 0.1
guest spaces.
3 or More
Bedrooms
2 spaces plus 1 guest space

3 spaces

2 spaces plus 0.1
guest spaces.

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2 garage or carport1 spaces plus 1
space open guest parking
3 spaces, open or
covered, per dwelling
unit

c. Exception: In R-5 zones only and only in those R-5 developments projects containing dwelling units of not more than one bedroom each for studio dwelling units, the required off-street vehicular parking may be reduced upon the approval of a Conditional Use Permit to a minimum of not less than to 1 space per 2 dwelling units with a Conditional Use Permit.

d. Exception: In the R-3, R-4 and R-5 zones, a reduction to the required off-street vehicular parking may be reduced to 1 space per 4 dwelling units may be granted to for federally and state subsidized retirement complex with the approval of a Conditional Use Permit. In reviewing the Conditional Use Permit, the factors to be considered shall include, but not be limited to, the projected population of the proposed development, the design of the building or development in relation to the ability to provide additional parking if needed, the possibility of contractual limitations on the ownership of vehicles, and the site's proximity to shopping facilities, schools, recreation, and cultural opportunities.

e. Exception: For projects within ½ mile of public transit per Government Code Section 65863.2, off-street parking minimum requirements shall be waived.

f. Unbundled parking. For HIOZ projects only, vehicular parking spaces shall be leased or sold separately from dwelling unit rental or purchase fees, such that renters or buyers have the option of renting or buying the dwelling unit at a lower price than if the parking space was included. In addition, the following shall apply:

i. For deed-restricted affordable dwelling units, one parking space shall be included in the base rent of each unit. The tenant may choose to receive the parking space or receive a rent discount equivalent to half the amount charged for monthly lease of a parking space. Tenants of affordable dwelling units shall not sublease their parking spaces.

ii. Renters or buyers have the right of first refusal to parking built for their unit. Any remaining spaces may be leased to other users on a month-to-month basis. New occupants shall have the opportunity to lease or purchase parking built for their unit.

2. Bicycle Parking Standards
b. Multiple-family residential projects shall provide on-site bicycle parking for at least one bicycle parking per every two dwelling units. Acceptable parking facilities shall be conveniently accessible from a street and may include, but not limited to the following:

i. Covered, lockable enclosures with permanently anchored racks for bicycles. ii. Lockable bicycle rooms with permanently anchored racks. iii. Lockable, permanently anchored bicycle lockers.

3. Vehicular Access and Layout Standards
c. At-grade (surface) parking is prohibited within any street setback.

d. Above-grade structured parking facing a street shall be screened by landscaping, buildings, or other screening treatments as approved by the Community Development Director so that it is not visible from the street. Entry/exit openings, driveways, curb cuts, and access lanes for vehicular access, fire access, utilities access, or pedestrian access are exempt from screening.

e. Below-grade structured parking is exempt from street setback requirements.

D. Site Standards

1. Access and Circulation Standards
a. In order of priority and subject to approval by the Community Development Director and the City's Traffic Engineer, vehicular access shall be provided from (a) an alley, rear street, or perimeter drive aisle, (b) a side street, (c) an existing or relocated access point on a front street, and (d) a new access point on a front street.

2. Trash, Storage, and Mechanical Equipment
a. Utility meters and connections, air conditioning condensers, ducting/venting, panels, roof ladders, and similar equipment shall be screened from view from the street (public and internal) and shall not be located within any required open space or setback area. Screening techniques range from the use of landscaping to placement in concealed rooms or closets for equipment on the ground. Roofs shall be of a form or height to provide screening for roof-mounted equipment. Alternatively, roof screening that is consistent with the architecture of the building may be used.

b. No trash enclosure shall be located in any required open space or setback area, within direct view of a street (public and internal) or in traffic or pedestrian aisles. For projects utilizing exterior trash enclosures, the following requirements shall be met:

i. Enclosure shall be constructed of masonry with walls a minimum of six (6) feet in height and finished to match the main building.
ii. Enclosure shall be finished with a solid roof designed to architecturally match the main building.
iii. Enclosure shall be finished with solid metal doors. iv. Enclosure shall be provided with hose bib and floor drain connected to the sanitary sewer to facilitate regular cleaning.

c. The outdoor storage of materials, products, supplies, and containers shall be prohibited.

3. Standards for Projects Greater than 5 Acres in Size

i. Pedestrian accessways, such as walkways, and vehicular accessways with pedestrian access, such as sidewalks, shall be provided for approximately every 2 acres of developable area. Parking areas, passenger drop-off areas, loading zones, and trash storage areas shall not count as pedestrian accessways.

ii. A publicly accessible usable open space, such as a plaza or park, shall be provided for approximately every 5 acres of developable area per the following:

a. Publicly accessible open spaces shall have a minimum area of 400 square feet with a minimum dimension of 20 feet in each direction.

b. Publicly accessible open spaces shall be accessible to the general public and open at a minimum from 8am to 8pm.

c. Publicly accessible open spaces shall be visible from and have a direct pedestrian connection to a public right-of-way.

E. Additional Standards for the Mobile Home (R-MH) Zone

1. Any mobile home park shall have frontage on and vehicular access to a street having a minimum right- of-way width of 80 feet. No vehicular access way shall be permitted except on such street and only one vehicular access way shall be permitted per street frontage.

2. A decorative wall shall normally be constructed and maintained around the perimeter of mobile home parks except that along any public street it shall be set at the rear of the required setback. Under most circumstances said wall shall be 6 feet in height. However, the requirement for fencing and the type and height of such fencing may be varied in conformance with special topographical conditions, existing fences, or specific design goals of the developer, subject to the approval of the Director of Development Services.

3. All required setbacks and all incidental open space within the mobile home park shall be landscaped and maintained in accordance with an approved landscaping plan.

4. Fire prevention and security features shall be provided in all mobile home parks as required by the Fire Chief.

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Chapter 15.23. Housing Incentive
Overlay Zone (HIOZ)

15.23.010. Intent and purpose.

A. The Housing Incentive Overlay Zone (HIOZ) is intended to facilitate the by-right development of multiple- family housing, including affordable housing, on designated parcels, and to implement state laws that require cities to demonstrate available land capacity to accommodate the City’s projected need for housing.

B. The HIOZ is an overlay zone, to be used only with an underlying non-residential base zone. The HIOZ shall apply to the designated parcels as identified in the HIOZ map on file in the Community and Economic Development Department.

C. The requirements imposed by the HIOZ are intended to supersede those requirements in the base zone when a designated parcel is developed in compliance with this chapter.

15.23.020. Overlay zone.

A. The application of the HIOZ shall be signified by the designation of a “HIOZ” suffix following the base zone designation on the official zoning map. For example, the use of this zone in conjunction with the General Commercial zone would be designated as “GC-HIOZ.”

15.23.030. Definitions.

For the purposes of this chapter, the following meanings shall apply:

A. Affordable Housing shall be defined per Chapter 15.04.040 (Definitions).

B. Multiple-Family Housing shall be defined as DWELLING, MULTIPLE per Chapter 15.04.040 (Definitions).

C. Mixed-Use Development shall be defined per Chapter 15.04.040 (Definitions).

15.23.040. Procedures for review of requests for
inclusion in the HIOZ.

For properties not currently included in the HIOZ, a request for a HIOZ designation may be initiated by:

A. A request for a HIOZ designation may be initiated by an application by a property owner made in accordance with the procedures identified in Chapter 15.72 (Amendments).

B. Application of this zone shall be consistent with the objectives of the Zoning Ordinance and General Plan, reasonably compatible with surrounding land uses and promote the general health, safety, and welfare.

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15.23.050. Procedures for approval of HIOZ projects.

For properties currently included in the HIOZ, a property owner must comply with the following approvals procedures:

A. Site plan review. Projects developed in this zone shall be subject to review as a Site Plan pursuant to Chapter 15.47 (Site Plan Review). Projects developed in compliance with this chapter shall be considered as “Minor Site Plans” as defined by Chapter 15.47 (Site Plan Review) and be approved ministerially by the Community Development Director.

B. Additional approvals. Projects that require approval for a lot line adjustment, consolidation of lots, or subdivision in conjunction with approval pursuant to this chapter shall comply with Title 16 (Subdivisions).

C. Expiration of approval. Projects approved in compliance with this chapter shall commence construction within two (2) years of the date of approval by the Community Development Director or the approval shall become null and void. A request for an extension may be requested prior to the date of expiration as per Section 15.76.120 (Renewal/Extension).

15.23.070. Affordable housing requirement.

A. Minimum requirement for affordable housing. At least ten percent (10%) of the total residential units in a HIOZ project developed pursuant to this chapter shall be reserved for households of moderate, lower, very low, and/or extremely low income, and shall be sold or rented at an affordable housing cost or affordable rent, as defined by California Health and Safety Code Sections 50052.5 and 50053. If the units are rental units, the affordable units shall be deed-restricted for a period of not less than fifty-five (55) years. If the units are for-sale units, the units shall be sold in accordance with California Government Code Section 65915.

B. Relationship to State density bonus. An applicant for a project pursuant to this chapter may apply for a density bonus in accordance with state law. The units that must be reserved pursuant to Subsection (A) of this section shall not count towards the percentage of units that must be reserved to qualify for a density bonus under state law.

C. Agreement. An agreement in a form approved by the City Attorney shall be executed and recorded against the property to ensure that the property complies with all of the requirements in this Chapter, including, but not limited to, the requirement that affordable units shall be deed-restricted for a period of not less than fifty-five (55) years. The property owner shall record the agreement prior to the issuance of any building permit for the project. Such agreements, after execution and acknowledgment, shall be placed before the City Council for acceptance and shall then be recorded with the County Recorder and their terms, conditions, and requirements shall thereafter run with the land.

15.23.060. Mixed-use requirement
A. Minimum requirement for mixed-use. For projects bordered on one or more sides by a Major Arterial and with a total project site area of least 1 acre or greater shall be required to provide both residential and ground-floor commercial uses as a mixed-use development.

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15.23.060. Permitted uses.

The following uses are permitted in the HIOZ:

A. Those Residential Uses permitted in the R-5 (Maximum-Density Multiple-Family) district per Chapter

15.17 (Residential Zone Classifications) are permitted in the HIOZ and shall be allowed ministerially.

B. Those Commercial Uses permitted for mixed-use development per Section 15.30.040.E (Mixed-use (commercial/residential) development) are permitted in the HIOZ as specified.

15.23.070. Development standards.

Projects in this zone shall be developed in compliance with the applicable development standards of the respective permitted uses included in the project per the following:

A. For residential uses as established in Chapter 15.17 (Residential Zone Classifications).

B. For mixed-use development as established in Section 15.30.040.E (Mixed-use (commercial/residential) development).

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Chapter 15.24. Mixed-Use
Development Standards

15.24.01. Intent and purpose.
a. The following development standards apply to mixed-use developments in the C-3 zone and HIOZ and are supplemental to the development standards prescribed in the applicable underlying base or overlay zone. Where conflicts between provisions exist, the more restrictive standard shall apply.

b. The following development standards apply to both horizontal and vertical mixed-use developments as defined in Section 15.24.02 (Definitions).

c. The following development standards for mixed-use developments are intended to enhance the design of buildings and the public realm that promote active, ground floor pedestrian activity.

15.24.02. Definitions
a. Unless otherwise noted, definitions for terms in this chapter are subject to Chapter 15.04 (Definitions). Exceptions include:

i. Vertical Mixed-Use Development means development projects that combine residential and commercial land uses into a single development project where uses are adjacent to one another, either in separate buildings on the same parcel or on adjoining parcels. Internal streets and pedestrian pathways physically and visually connect the separate but adjacent uses into one unifying development.

ii. Horizontal Mixed-Use Development means development projects that combine residential and commercial land uses into a single development project where uses are physically integrated into one building. Typically, publicly accessible uses occupy the ground level, such as commercial or common residential uses, while private uses occupy the upper levels, such as dwelling units.

15.24.03. Applicable Underlying Base or Overlay Zone
Standards.

1. Applicable Underlying Base or Overlay Zone Standards. b. The development standards for the following elements as prescribed in the applicable underlying base or overlay zone shall apply to mixed-use developments. Where conflicts between provisions exist, the more restrictive standard shall apply.

i. Lot/parcel
ii. Setbacks
iii. Step-backs

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iv. Building height
v. Building façade modulation and articulation
vi. Landscaping
vii. Fences and walls

2. Parking Standards.
a. For dwelling units within a mixed-use development, parking facilities shall be provided at the rate of that specified in the R-5 zone by type of residential unit for projects in the C3 zone, or at the rate of that specified in the HIOZ for HIOZ projects.

b. For commercial uses within a mixed-use development, parking facilities shall be subject to the provisions for the C-3 Zone in Section 15.30.060 (Parking Standards) and Section 15.30.070 (Access and Circulation Standards).

c. Parking facilities within a mixed-use development shall be designed to the vehicular access and layout standards prescribed for multiple-family residential projects in Section 15.17.070.E.3 (Vehicular Access and Layout Standards).

3. Open Space Standards.
a. For dwelling units within a mixed-use development, open space shall be provided at the rate of that specified in the R-5 zone by type of residential unit for projects in the C3 zone, if the proposal involves new construction to create the residential use, or at the rate of that specified in the HIOZ for HIOZ projects. If the proposal only involves the conversion of existing building area to create the residential use, the requirement for open space may be waived.

15.24.04. Permitted Uses.

1. Permitted Uses
a. Those permitted uses in the C3 zone shall apply to commercial uses for all mixed-use developments.

15.24.05. Ground Floor Commercial Standards.

1. Ground Floor Height
a. Buildings shall have a minimum ground floor height of 15 feet, measured from the finished grade of the sidewalk to the second floor or roof of a one-story building.

2. Ground Floor Building Entries
a. Each building façade with frontage along a street shall provide a minimum of one ground floor building entry with a pedestrian connection to the public right-of-way, such as a sidewalk or walkway.

b. All building entries shall be recessed a minimum of 30 inches from the façade.

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c. Primary building entries shall be distinguished by the use of architectural features, such as overhead projections, awnings, canopies, etc.

3. Ground Floor Façade Openings
a. Ground floor facades with frontage along a street shall dedicate at least 70% of the façade area to façade openings, such as windows or doors. The use of tinted, mirrored, or reflective glass is prohibited.

b. Ground floor façades with frontage along a street shall not span a continuous horizontal length greater than 20 feet unless it includes a façade opening, such as window or door.

4. Public Improvements
a. Mixed-use developments with at least 50 feet of frontage along a Major Arterial shall provide for construction necessary public improvements within the public right-of-way as required by the City Engineer subject to the provisions of Chapter 16.05 (Public Improvements, Dedications, Performance Agreements, and Improvement Securities), including but not limited to the following:

i. Sidewalk and walkways
ii. Street lighting
iii. Parkway trees
iv. Landscaped parkway

5. Outdoor Seating and Dining
a. Outdoor seating and dining within the public right-of-way associated with a ground floor commercial use shall be subject to the provisions of the Standard Outdoor Dining Guidelines.

6. Outdoor Display or Sale of Merchandise
a. Outdoor display or sale of merchandise associated with a ground floor commercial use shall be subject to the provisions of Section 15.55.020 (Special Uses Permitted with Provisions) .

7. Signs
a. Signs shall be subject to the provisions of Chapter 15.49 (Sign Standards and Regulation).

15.24.06. Review Procedures.

Proposals to create new dwelling units as part of a mixed-use development shall be subject to the following review procedures:
b. No discretionary approval will be required if the development involves only the conversion of existing building area and the number of units is less than seven;

CITY OF FULLERTON
Draft Chapter 15.24. Mixed-Use Development
DRAFT – SEPTEMBER 26, 2023 | 6
c. Approval of a Minor Site Plan or Minor Development Project will be required if the proposal involves new building area on the property and the number of units is less than seven, or if the project is within the HIOZ;

d. Approval of a Major Site Plan or Major Development Project will be required if the proposal involves the creation by new construction or conversion of existing building area of seven or more dwelling units on the property.

City Council - Successor Agency - Housing AuthorityJune 18, 2024

City Council - Successor Agency - Housing Authority
June 18, 2024