Article 40.15 — MIXED USE (M-U) DISTRICT

§ 40.15.010. Purposes. ¶

The purposes of the mixed use (M-U) district are as follows: to implement the policies of the core area plan; to preserve the older architectural styles, and to encourage a harmonious intermingling of other structures; to provide for an increased variety and intermixture of residential and commercial activities; to enhance the tree-shaded ambience, the pedestrian usage and character of the district. (Ord. 924 § 4; Ord. 946 § 4)

§ 40.15.020. Applicability of the core area design in combining district. ¶

Applicability of the core area design in combining district and downtown and traditional residential neighborhood design guidelines.

The requirements of the core area design (C-D) combining district as set forth in Article 40.13 and the downtown and traditional residential neighborhood overlay district as set forth in Article 40.13A shall apply to the mixed use (M-U) district.

(Ord. 924 § 4; Ord. 946 § 4; Ord. 2066 § 4, 2001)

§ 40.15.030. Permitted uses. ¶

Permitted uses of land in the M-U district shall be as follows:

(a) Single-family, duplex, multiple dwellings and residential infill.
(b) Cooperative housing, as defined in Section 40.01.010 .
(c) Retail stores, shops and offices supplying commodities or performing services such as those provided by department stores, specialty shops, personal and business service establishments, antique shops, artists' supply stores and similar uses.
(d) Restaurants, including outdoor eating areas and establishments. For the purpose of this district only, a restaurant is an eating establishment which serves food to customers primarily for consumption on the premises. It includes, but is not limited to, lunch counters, coffee shops, cafes, pizza parlors, soda fountains, fast-food and full-service dining establishments. It may provide alcoholic beverage sales for drinking on premises provided that such sales are ancillary to food service. Restaurants shall close by 11:00 p.m. on Sunday through Thursday and midnight (12:00 a.m.) on Friday and Saturday.
(e) Business and technical schools, and schools and studios for photography, art, music and dance.
(f) Family and group day care homes as defined in Section 40.26.270 .
(g) Mixed uses, if the nonresidential use is consistent with Sections 40.15.030(c) through (f) .
(h) Group care homes with six or fewer clients.
(i) Supportive housing.
(j) Transitional housing.
(k) Low barrier navigation center consistent with Government Code Section 65660 et seq., as it may be amended from time to time.

(Ord. 924 § 4; Ord. 946 § 4; Ord. 1198 § 1; Ord. 1424 § 1, 2; Ord. 1737 § 16, 1994; Ord. 1787 § 22; Ord. 1898, 1997; Ord. 2359 § 5, 2010; Ord. 2413 § 2, 2013; Ord. 2677, 11/4/2025)

§ 40.15.040. Accessory uses. ¶

The following accessory uses are permitted in the M-U district:

(a) Residential infill meeting the construction, yard, setback, height, and area limitations applicable to accessory buildings as set forth in Section 40.26.010 .
(b) Home occupations and professional offices, subject to the provisions of Sections 40.26.150 .
(c) Signs.
- (1) Commercial frontages as set forth in Section 40.26.020 ;
- (2) Noncommercial frontages as set forth in Section 40.26.020(c) .
(d) Other accessory uses and accessory buildings customarily appurtenant to a permitted use subject to the requirements of Section 40.26.010 .

(e) Accessory dwelling units meeting the requirements of Section 40.26.450 . (Ord. 924 § 4; Ord. 946 § 4; Ord. 2126 § 5, 2003; Ord. 2602 § 16, 2021)

§ 40.15.050. Conditional uses. ¶

The following conditional uses may be permitted in the M-U district: nightclubs, theaters, and commercial recreational facilities such as recreation centers and health clubs.

(a) Nightclubs. For the purposes of this district only, a nightclub is an establishment that remains open after 11:00 p.m. on Sunday through Thursday and midnight on Friday and Saturday and provides primarily on-site alcoholic beverage sales, and may include music, entertainment or dancing. It may serve food as a secondary use. Examples include, but are not limited to, dance halls, bars, taverns, private clubs and discotheques. To the extent that a restaurant is open after 11:00 p.m. on Sunday through Thursday and/or after midnight (12:00 a.m.) on Friday and Saturday, the restaurant shall be considered a nightclub.
(b) Theaters.
(c) Commercial or office uses as put forth in subsections (c) through (f) of Section 40.15.030 which are not located in mixed use buildings or mixed use infill structures.
(d) Nursery schools and day care centers subject to the provisions of Section 40.26.270 .
(e) Public and semipublic buildings and uses of a recreational, educational, religious or public service type, but not including corporation yards, storage or repair yards, warehouses and similar uses.
(f) Any other retail business, service establishment, or mixed use involving retail, service or commercial uses not listed in Section 40.15.030(c) through (f) which the planning commission finds to be consistent with the purposes of this article and which will not impair the present or potential use of adjacent properties.
(g) Group care homes with more than six clients, subject to the provisions of Section 40.26.135 .
(h) Living groups, subject to the provisions of Section 40.26.260 .
(i) Drive-through facilities, subject to the provisions of Section 40.26.420 .
(j) Hotels.

(k) Single room occupancy (SRO) units.

(Ord. 924 § 4; Ord. 946 § 4; Ord. 1424 § 3; Ord. 1737 § 17, 1994; Ord. 1739 § 4, 1994; Ord. 1787 § 23; Ord. 1893 §§ 6—8; Ord. 2113 § 1, 2003; Ord. 2413 § 4, 2013)

§ 40.15.060. Height regulations. ¶

(a) Structures shall not exceed three stories in height except as provided in Section 40.15.080 . A building of more than two stories should be carefully designed to avoid appearance of excessive bulk. Development of parcels in the core area, as defined by the core area specific plan, shall incorporate the design principles found in that plan.
(b) Mixed use and residential structures shall not exceed three stories in height except as provided in Section 40.15.080 . A building of more than two stories should be carefully designed to avoid appearance of excessive bulk.
(Ord. 924 § 4; Ord. 946 § 4; Ord. 1893 § 9, 10)

§ 40.15.070. Open space, lot area, yard and residential density. ¶

(a) Open space. For mixed or single use buildings, total usable open space shall equal twenty-five percent of gross residential floor area, and a portion of the twenty-five percent may be aboveground level, in form of decks or similar features.
(b) Lot area. Lot areas in excess of twenty-four thousand square feet shall require conditional use permits.
(c) Front yards (residential scale). Residential scale applies to inner parts of blocks facing northsouth streets, between Second and Third Streets, and all parts of other blocks where Main Street scale is not designated. Required front yards shall equal or exceed in square footage of the average of front yards of those two nearest buildings on the same street frontage, or one thousand square feet, whichever is greater.
(d) Side yards (residential scale). Required side yards shall be a minimum total of ten feet per lot.
(e) Rear yards (residential scale).
- (1) New building structures or additions to existing structures along blocks designated for midblock pedestrian passageways by the C-D district shall provide seven and one-half foot public easement dedication in place of a required rear yard. Alleys may be used to meet this requirement.
- (2) A five-foot rear yard shall be required for all other buildings.
(f) Setbacks (Main Street scale). Main Street scale applies only to parcels with frontage onto Second and Third Streets between B and E Streets, and Fifth, Fourth and Third Streets between the railroad tracks and the alley.
- (1) Setbacks and lot coverage shall be the same as those shown for central commercial (C-C) district.
(Ord. 924 § 4; Ord. 946 § 4; Ord. 2223 § 1, 2005)

§ 40.15.080. Lot coverage; floor area ratio requirements. ¶

(a) Lot coverage (without parking district).
- (1) Mixed use and residential structures, fifty percent.
- (2) Commercial and office uses not combined with residential uses, forty-five percent.
(b) Lot coverage (with parking district).
- (1) Mixed use and residential structures, eighty percent.
- (2) Commercial and office uses not combined with residential structures, seventy-five percent.
(c) Floor area ratio (FAR) shall be determined using the following chart:

Base/Bonus FAR	Mixed use and residential structures	Commercial and offce use structures not combined with residential uses
Base FAR	1.5	1.0
Buildings providing underground parking	Bonus up to 0.5 FAR	Bonus up to 0.5 FAR
Buildings providing plazas/ outdoor gathering areas	Bonus up to 0.2 FAR	Bonus up to 0.2 FAR
Preservation of residential structure	Bonus up to 0.5 FAR	Bonus up to 0.5 FAR
Total permitted FAR, including bonuses	2.0	2.0

FAR in the M-U district not to exceed 2.0 with bonuses.

(1) Mixed use and residential structures, one hundred fifty percent of the total lot area.
(d) Floor area ratio bonuses. All projects applying for floor area ratio bonuses shall be subject to design review. Total amount of floor area ratio bonus shall be determined through the design review process.
(Ord. 924 § 4; Ord. 946 § 4; Ord. 1893 §§ 11—18)

§ 40.15.090. Residential use requirements. ¶

The following minimum requirements shall apply to mixed-use projects:

(a) One residential unit shall be required for a mixed-use project on a lot containing nine thousand square feet of area or less;

Two residential units shall be required for a mixed-use project on a lot containing from nine thousand one square feet to twelve thousand square feet of area;

Three residential units shall be required for a mixed-use project on a lot containing from twelve thousand one square feet to eighteen thousand square feet of area;

Four residential units shall be required for a mixed-use project on a lot containing from eighteen thousand one square feet to twenty-four thousand square feet of area;

Five residential units shall be required for a mixed-use project on a lot containing twenty-four thousand square feet of area or more.

(b) All residential units shall meet the minimum requirements of the Uniform Building Code pertaining to size, and provisions for a kitchen, living area, sleeping area, and bathroom, see Exhibit A, attached to the ordinance codified in this section.
(c) A residential unit may have a ground floor and upper floors such as in a townhouse design or be located in a structure that is accessory to the principal structure.
(d) Each residential unit shall have usable open space equal to or exceeding twenty-five percent of the gross residential floor area. Such open space shall be located adjacent to the unit and designed for privacy through the use of fencing, walls, or landscaping.
(e) In any case, where the requirements specified in Sections 40.15.100(a)—(d) cannot be satisfied, a conditional use permit shall be required for planning commission review. The planning commission may approve a conditional use permit to modify or eliminate any or all of these requirements upon a finding that the lot size, existing building size or configuration, or other size characteristics make the requirements impracticable to satisfy.
(Ord. 1227 § 1)