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This section provides operational and compatibility standards for mixed-use development within the HOO zone. Nonresidential uses are restricted to the ground floor only. A.
Operational Standards.
1.
Joint Tenants and Owners Association.
a.
A joint tenants and owners association shall be formed to ensure the well-being of each tenant and owner in a mixed-use project.
b.
The association bylaws, including voting rights, shall be subject to review by the city attorney and approval by the director. The association's bylaws shall include the following:
i.
Assignment of parking spaces per each use.
ii.
Identification of maintenance responsibilities for landscaping, parking facilities, and recycling and refuse storage facilities. Noise notification procedures.
iii.
Relationship between uses regarding association representation.
iv.
Voting procedures.
v.
Procedures for solving problems that may arise between the different types of uses or residents.
2.
Loading and Unloading Activities. Where applicable, the covenants, conditions, and restrictions of a mixed-use project shall indicate the times when the loading and unloading of goods may occur on the street, provided that in no event shall loading or unloading take place after ten o'clock p.m. or before seven o'clock a.m. on any day of the week.
3.
Noise Notification.
a.
Residents, whether owners or tenants, of a mixed-use development project shall be notified in writing before taking up residence that they will be living in an urban type of environment and that the noise levels may be higher than a typical residential area.
b.
The covenants, conditions, and restrictions of a mixed-use project shall require that the residents acknowledge their receipt of the written noise notification. Their signatures shall confirm receipt and understanding of this information
B.
Fences and Walls. In addition to the regulations in Section 19.09.060 (Fences, hedges, and walls, commercial zone), fences and walls shall be subject to the following regulations:
1.
Separation Wall Required. A masonry separation wall shall be constructed on all property lines adjacent to any single-family residential district. Pedestrian access points are encouraged and may be allowed subject to approval of the director. The separation wall shall be six feet in height, as measured from the highest elevation of land contiguous to the wall, except in a required front setback area and in a required exterior side setback area for a corner, reverse corner or key lot, where the wall shall be limited to thirty-six inches in height.
2.
Other Fences and Walls. Fences and walls are allowed in any yard area subject to the following height regulations:
a.
Front Yard Area. In the front yard area, the height shall be limited to thirty-six inches.
b.
Street Side Yard. In street side yard areas, the height shall be limited to thirty-six inches.
c.
All Other Areas. In all other areas, the height shall be limited to six feet, as measured from the side of the fence or wall with the highest grade.
3.
Location. All perimeter fences and walls shall be constructed on the property line unless a different location is permitted by the community development director. No parallel wall or fence shall be constructed less than five feet from an existing wall or fence, unless approved by the community development director.
4.
Materials.
a.
Chain link fencing shall not be erected between a primary or accessory structure and a public or private street, except that chain link fencing may be used for security purposes for public utility structures and for temporary fencing needs (construction sites, special events, vacant lots, etc.).
b.
Barbed wire and concertina wire are prohibited, except at public utility structures.
C.
Landscaping. Landscaping shall comply with Chapter 19.23 (Landscaping).
D.
Screening and Buffering—Mechanical Equipment and Trash Facilities. Mechanical and air-conditioning equipment shall be screened and buffered in compliance with Section 19.19.100 (Mechanical equipment screening) and trash facilities shall be screened and buffered in compliance with Section 19.19.140 (Solid waste receptacles and enclosures).
E.
Signs. Signs shall comply with Chapter 19.25 (Signs). In addition, in the HOO zone where both residential and nonresidential uses are allowed, the signage rights and responsibilities applicable to a particular use shall be determined as follows: residential uses shall be treated as if they were located in the residential area where that type of use would be allowed as a matter of right, and nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a discretionary process.
F.
Sound Mitigation. Residential dwelling units shall be designed to be sound attenuated against present and future project noise. New projects or new nonresidential uses in existing projects shall provide an acoustical analysis report, by an acoustical engineer, describing the acoustical design features of the structure required to satisfy the exterior and interior noise standards.
G.
Design Criteria.
1.
A mixed-use development project shall be designed and constructed to:
a.
Be pedestrian in its focus by:
i.
Providing direct pedestrian linkages to adjacent public sidewalks.
ii.
Creating enhanced pedestrian connections throughout the project between residential and nonresidential uses and parking areas.
iii.
Providing enhanced pedestrian amenities throughout the project, including seating, pedestrian area lighting, special paving, public art, water features, common open space, directories, and similar items to create a pleasant pedestrian experience.
b.
Incorporating architectural design elements and materials that relate to a pedestrian scale.
c.
Locate uses in proximity to one another without large intervening parking lots so that it is convenient for people to walk between the various uses and park their vehicles only once.
d.
Create a pedestrian scale and character of development along the street by providing significant wall articulation and varying roof heights, incorporating pedestrian scale elements (e.g., doors, windows, lighting, landscaping), and locating storefronts and common open space areas (e.g., plaza, courtyard, outdoor dining) near the public sidewalk to contribute to an active street environment.
2.
Consistent Use of Architectural Details and Materials. Architectural style and use of quality materials shall be compatible and consistent throughout an entire mixed-use project. However, differences in architectural details and materials may occur to differentiate between the residential and nonresidential portions of the project. The overall project design and site layout shall be one that promotes a strong pedestrian environment and active street frontage. This can be accomplished by incorporating features into the project as outlined in subsection (3) below.
3.
Features.
a.
Street Level Features. Variations in the front building plane shall be incorporated through the use of varying building setbacks, variations in wall planes, and the inclusion of pedestrian amenities (e.g., plaza, courtyard, outdoor dining, landscaping). Long expanses of blank walls shall be prohibited.
b.
Pedestrian-Oriented Features. At least seventy-five percent of the building frontage facing a public street, primary pedestrian way, or parking lot shall be devoted to pedestrian-oriented features (e.g., storefronts, pedestrian entrances to nonresidential uses; transparent display windows; landscaping).
c.
Upper Level Features. Upper floor balconies, bays, and windows shall be provided whenever opportunities exist for these types of features.
d.
Entrances. When nonresidential and residential uses are located in a vertical mixed use structure, separate pedestrian entrances shall be provided for each use. The entrances for nonresidential uses shall be designed to be visually distinct from the entrances for residential uses. Entrances to individual residential units in a vertical mixed use project shall not be allowed along a street frontage. Instead shared entrances to residential units located above the ground floor shall be from lobbies that serve multiple units.
e.
Neighborhood Interface. The design of new infill development shall be sensitive to the scale and design characteristics of established structures in abutting residential neighborhoods, with the objective of achieving a harmonious transition between the new development and existing neighborhood. Consideration shall be given to factors including, but not limited to, orientation of architectural features, building articulation, and exterior building treatments.
f.
Lighting. Lighting shall be incorporated along sidewalks or other pedestrian walkways, plazas, paseos, courtyards, and other common open areas to enhance the pedestrian environment and increase public safety. Lighting for nonresidential uses shall be designed, located, and shielded to ensure that they do not adversely impact the residential uses, but shall provide sufficient illumination for access and security purposes consistent with the provisions of Section 19.19.130 (Lighting).
g.
Security. Projects shall be designed to minimize security risks to residents and to minimize the opportunities for vandalism and theft. This may be accomplished by:
i.
Maximizing visibility to common open space areas, internal walkways, and public sidewalks. Use opportunities for natural surveillance to increase visibility.
ii.
Using walkways, low fences, lighting, signage, and landscaping to clearly guide people and vehicles to and from the proper entrances.
iii.
Eliminating areas of concealment, hiding places, and dead spaces.
iv.
Using lighting to improve the visibility of common areas while enhancing the pedestrian environment. Lighting should not be overly bright and should provide a uniform level of light over the subject area to eliminate dark spaces.
(Ord. No. 656, § 4 (Exh. A), 11-19-2013)