Chapter 17.96 S-13 MIXED-USE DEVELOPMENT COMBINING ZONE REGULATIONS

17.96.010 Title, purpose, and applicability.

17.96.020 Zones with which the S-13 zone may be combined.

17.96.030 Required design review process.

17.96.040 Conditionally permitted activities.

17.96.050 Conditionally permitted activities.

17.96.060 Maximum residential density and related regulations.

17.96.070 Use permit criteria.

17.96.080 Design review criteria.

17.96.090 Special regulations applying to mixed-use developments containing residential and nonresidential activities on sites with sixty thousand square feet or more land area, excluding joint living and work quarters.

17.96.010 Title, purpose, and applicability.

The provisions of this chapter shall be known as the S-13 mixed-use development combining zone regulations. The S-13 zone is intended to preserve and enhance areas containing residential, commercial and manufacturing activities in close proximity to one another, and to allow for residential developments, or for a compatible mixture of residential, commercial and/or light industrial developments in a planned and coordinated development plan, and is typically appropriate to industrially-zoned areas adjacent to residential zones. These regulations shall apply in the S-13 zone and are supplementary to the regulations applying in the zones with which the S-13 zone is combined. (Prior planning code § 6700)

17.96.020 Zones with which the S-13 zone may be combined.

The S-13 zone may be combined with any zone which does not permit or conditionally permit Residential Activities and which is adjacent to a residential zone. (Prior planning code § 6701)

17.96.030 Required design review process.

Except for projects that are exempt from design review as set forth in Section 17.136.025, no Local Register Property, Building Facility, Mixed Use Development, Telecommunications Facility, Sign, or other associated structure shall be constructed, established, or altered in exterior appearance, unless plans for the proposal have been approved pursuant to the design review procedure in Chapter 17.136, and when applicable, the additional provisions in Section 17.96.080, the Telecommunications regulations in Chapter 17.128, or the Sign regulations in Chapter 17.104. (Ord. 12776 § 3, Exh. A (part), 2006: prior planning code § 6702)

17.96.040 Conditionally permitted activities.

The following activities, as described in the use classifications in Chapter 17.10, may be permitted upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134:
A. Residential Activities:
Permanent
(Prior planning code § 6704)

17.96.050 Conditionally permitted activities.

The following facilities, as described in the use classifications in Chapter 17.10 may be permitted upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134:
A. Residential Facilities:
One-Family Dwelling
Two-Family Dwelling
Multifamily Dwelling
(Prior planning code § 6706)

17.96.060 Maximum residential density and related regulations.

Residential uses in S-13 zones which abut the R-30, R-35, and R-40 residential zones shall be subject to the maximum residential density and other, related regulations as are set forth in the R-50 medium density residential zone. Residential uses in the S-13 zone which abut all other residential zones shall be subject to the maximum residential density and other, related regulations as are set forth in the residential zone that is next highest from the contiguous residential zone, except that in no case shall such density and other regulations exceed that prescribed in the R-70 zone. In cases where more than one contiguous residential zone exists, the maximum residential density and other related regulations for the S-13 zone shall be dictated by the residential zone having the greatest linear frontage abutting the S-13 zone. (Prior planning code § 6715)

17.96.070 Use permit criteria.

In the S-13 zone, a conditional use permit for any use under Section 17.96.040 or 17.96.050 may be granted only upon determination that the proposal conforms to the general use permit criteria set forth in the conditional use permit procedure in Chapter 17.134 and to all of the following additional use permit criteria:
A. That the development will be well integrated into its setting, not be visually obtrusive, harmonize with surrounding areas and facilities, not substantially harm major views for surrounding residents, and, if abutting existing industrial facilities, provide sufficient buffering in the form of spatial separation, vegetation, topographic features, or other devices;
B. That all parking areas, access, and vehicular traffic circulation patterns will be screened and designed in a manner that minimizes conflicts between pedestrians and vehicles; and that off-site vehicular circulation patterns will be designed to minimize congestion on surrounding local streets;
C. That any proposal involving both nonresidential and residential uses on the same site will locate and conduct the nonresidential use in a manner that shall not adversely affect the abutting activities due to generation of noise, lights, glare, dust, vapors, smoke, odors, electrical disturbances, or other factors, and that the proposal incorporates all applicable performance standards in Chapter 17.120;
D. That the proposal incorporates sound attenuation and similar protective measures that achieve a performance standard specified by local, state and federal regulations;
E. That the location and design of proposed residential areas will be adequately buffered, visually and spatially, from existing transit corridors including rail lines, vehicular entry points, and parking areas through appropriate landscaping, screening, and other buffering devices;
F. That future residents of the project will not be exposed to toxic and/or hazardous materials that exceed local, state and/or federal standards. (Ord. 12776 § 3, Exh. A (part), 2006: prior planning code § 6716)

17.96.080 Design review criteria.

In the S-13 zone, proposals requiring regular design review approval pursuant to Section 17.96.030 may be granted only upon determination that the proposal conforms to the regular design review criteria set forth in the design review procedure in Chapter 17.136 and to all of the following additional criteria:
A. That special architectural attention will be given to unfenestrated walls facing either street frontages or adjacent residential developments;
B. That extensive landscaping will be used to provide an appropriate setting for the proposed use, and to buffer and screen nearby sensitive uses from the visual impacts of the project;
C. That, where feasible, building setbacks will be provided to accommodate projections of architectural or decorative features;
D. That, particularly in developments involving more than one facility, a comprehensive, coordinated, controlled system of informational and directional graphic signage will be provided throughout the development;
E. That the design of the project will make every effort, where feasible, to preserve, for reuse, any facility or group of facilities which is a designated landmark. (Ord. 12776 § 3, Exh. A (part), 2006: prior planning code § 6717)

17.96.090 Special regulations applying to mixed-use developments containing residential and nonresidential activities on sites with sixty thousand square feet or more land area, excluding joint living and work quarters.

Other than for joint living, and work quarters, all conditional use permit applications for mixed-use developments containing residential and nonresidential activities on a single tract with sixty thousand (60,000) square feet or more of land area shall be subject to the following special regulations:
A. Professional Design. The application shall, certify that talents of the following professionals will be utilized at some stage in the design process for the development:
1. An architect licensed by the state of California; and
2. A landscape architect licensed by the state of California, or an urban planner holding or capable of holding membership in the American Institute of Certified Planners.
B. Undergrounding of Utilities. All electric and telephone facilities; fire alarm conduits; street light wiring; and other wiring, conduits, and similar facilities shall be placed underground by the developer. Electric and telephone facilities shall be installed in accordance with standard specifications of the serving utilities. Street lighting and fire alarm facilities shall be installed in accordance with standard specifications of the Electrical Department.
C. Performance Bonds. The City Planning Commission or, on appeal, the City Council may, as a condition of approval of any said development, require a cash bond or surety bond for the completion of all or specified parts of the development deemed to be essential to the achievement of the purposes set forth in Section 17.96.010. The bond shall be in a form approved by the City Attorney, in a sum of one hundred fifty (150) percent of the estimated cost of the work, and conditioned upon the faithful performance of the work specified within the time specified. (Prior planning code § 6720)