Chapter 18.32 MIXED USE (MU) OVERLAY ZONE

The purpose of this chapter is to establish the Mixed Use (MU) Overlay Zone. The purpose of the (MU) Overlay Zone is to implement the Mixed Use Mid Density, Mixed Use Medium Density, and Mixed Use High Density General Plan Land Use Designations; and define allowable land uses and property development standards, including intensity of development, for mixed-use areas, in order to produce healthy, safe and attractive neighborhoods within the City of Anaheim, consistent with the policy direction in the Anaheim General Plan. More specifically, the intent of the (MU) Overlay Zone is to accomplish the following objectives:

.010 To encourage mixed-use projects that combine residential with non-residential uses in the same building or project area as a means to create an active street life, enhance the vitality of businesses, and reduce the need for automobile travel.

.020 To provide additional housing options for people, including but not limited to, young professionals and older people, who want to live near their workplace and/or near retail and other non-residential uses;

.030 To encourage mixed-use projects at certain intersections and along certain streets, while simultaneously discouraging commercial-only development in mid-block areas;

.040 To ensure on-site compatibility of residential and non-residential uses; and

.050 To ensure compatibility of mixed-use projects with surrounding uses and development patterns.

(Ord. 5920 1 (part); June 8, 2004: Ord. 6436 § 12; April 24, 2018.)

18.32.020 APPLICABILITY.

.010 Application to Area. The (MU) Overlay Zone may be combined with any zone ("underlying zone") within the City.

.020 Applicable Regulations. The provisions of this chapter shall apply in addition to and, where inconsistent with, shall supersede the corresponding regulations of the underlying zones, except as provided in this chapter. (Ord. 5920 § 1 (part); June 8, 2004.)

18.32.030 USES.

.010 Primary Uses. Table 32-A (Primary Residential Uses: Mixed Use Overlay Zone) identifies allowable primary uses, listed by classes of uses, as defined in Sections 18.36.030 and 18.36.040 of Chapter 18.36 (Types of Uses).

.020 Accessory Uses. Table 32-B (Accessory Uses and Structures: Mixed Use Overlay Zone) identifies allowable accessory uses and structures, listed by classes of uses, as defined in Section 18.36.050 of Chapter 18.36 (Types of Uses).

.030 Temporary Uses. Table 32-C (Temporary Uses and Structures: Mixed Use Overlay Zone) identifies allowable temporary uses and structures, listed by classes of uses, as defined in Section 18.36.060 of Chapter 18.36 (Types of Uses).

.040 Designations. The allowable uses in Table 32-A are established by letter designations as follows:

.0401 “P” designates classes of uses permitted by right;

.0402 “C” designates classes of uses permitted with a conditional use permit;

.0403 “M” designates classes of uses permitted with a minor conditional use permit; and

.0404 “N” designates classes of uses that are prohibited.

.050 Interpreting Classes of Uses. The provisions for interpreting the classes of uses in Tables 32-A, 32-B and 32-C are set forth in Section 18.36.020 (Classification of Uses) in Chapter 18.36 (Types of Uses).

.060 Prohibited Uses. Any class of use that is not listed in Tables 32-A, 32-B and 32-C is prohibited, unless a determination is made by the Planning Director to allow the submission of an application for a conditional use permit to approve the use.

.070 Ground-Floor Uses. In order to encourage an active street life while accommodating market demand, the ground floor facing the street shall be used for commercial uses, which may include the non-residential portion of live/work units. The requirements of this section may be modified by conditional use permit.

.080 Live/Work Units. A commercial land use may be combined with a residential land use within one unit to create a space that contains both a residence and commercial area such as an office. Live/work units shall not resemble a residence. The number of permitted live/work units shall be specified and determined through the conditional use permit process.

.090 Sites Formerly Used for Service Stations. Notwithstanding the provisions of Table 32-A, any use of a building on a site that was formerly used as an automobile service station shall require a conditional use permit.

.100 Destroyed Homes. Notwithstanding the provisions of Table 32-A, a legally established single-family residence, existing on the date of adoption of the ordinance codified in this subsection, that is damaged or destroyed by earthquake, fire, wind, flood, explosion or other disaster, casualty or Act of God, or of a public enemy, may be reconstructed subject to development standards contained within either the “RS-2” or “RS-3” Zone, based on lot size; provided that a complete and proper application for a building permit is filed with the Building Division, within two (2) years of the date of the event that caused the damage or destruction.

.110 Accessory Structures. Accessory structures permitted by Table 32-B, other than parking lots and garages and signs, shall not be located in, or be a part of, a detached structure.

.120 Conditional Use Permit Required. All mixed-use projects require the approval of a conditional use permit pursuant to Chapter 18.66 (Conditional Use Permits).

.130 Special Provisions. Special provisions related to a use are referenced in the "Special Provisions" column of Tables 32-A, 32-B and 32-C. Such provisions may include references to other applicable code sections, or limitations to the specified land use.

.140 Housing Opportunity Sites. Dwellings–Multiple-Family and Dwellings–Single-Family Attached without a non-residential (commercial) component shall be permitted by right on properties designated as Housing Opportunity Sites in the most current certified General Plan Housing Element. Development shall meet all of the requirements of this Chapter, unless otherwise permitted subject to the approval of a Conditional Use Permit or Variance, and shall comply with all mitigation measures in Mitigation Monitoring Plan No. 122A.

Table 32-A PRIMARY USES: MIXED USE OVERLAY ZONE		P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited
	MU	Special Provisions
Residential Classes of Uses
Alcoholism or Drug Abuse Recovery or Treatment Facilities (Small)	C
Community Care Facilities–Licensed (Small)	C
Community Care Facilities–Unlicensed (Small)	N
Dwellings–Multiple-Family	C	24-hour on-site management is required. Subject to 18.40.090
Dwellings–Single-Family Attached	C	Subject to 18.40.090
Dwellings-Single-Family Detached	N
Dwellings–Two-Unit Development	N
Mobile Home Parks	N
Senior Citizen Housing	P	Subject to Chapter 18.50 and 18.40.090
Senior Living Facilities (Small)	C
Sober Living Homes (Small)	C	Subject to 18.16.058 and 18.38.123
Supportive Housing	C
Transitional Housing	C
Agricultural Crops	N
Alcoholic Beverage Manufacturing	P/C	Subject to 18.38.025. Buildings larger than 6,000 square feet are subject to a Conditional Use Permit
Alcoholic Beverage Sales–Off-Sale	P/C	Subject to 18.60.220; Conditional user permit not required if use is in conjunction with Markets-Large
Alcoholic Beverage Sales–On-Sale	M/C	Permitted with minor conditional use permit if accessory to a primary restaurant use
Alcoholism or Drug Abuse Recovery or Treatment Facilities (Large)	C
Ambulance Services	C
Animal Boarding	P/C	Permitted without a conditional use permit when conducted entirely indoors subject to 18.38.270
Animal Grooming	P/C	Permitted without a conditional use permit when conducted entirely indoors subject to Section 18.38.270
Antennas-Broadcasting	P/C	Permitted without a conditional use permit if designed similar to stealth telecommunications facility as defined in 18.38.060.030.0312
Antennas-Private Transmitting	T	Subject to 18.38.040
Antennas-Telecommunications- Stealth Building-Mounted	T	Subject to 18.38.060 and 18.62.020
Antennas-Telecommunications- Stealth Ground-Mounted	T	Subject to 18.38.060 and 18.62.020
Antennas-Telecommunications- Ground-Mounted (Non- Stealth)	N
Automated Teller Machines (ATMs)	P/S	Permitted without a minor conditional use permit if located inside an existing business or an exterior building wall
Automotive-Vehicle Sales, Lease & Rental	C
Automotive-Sales Agency Office (Retail)	M	Subject to 18.38.605
Automotive-Sales Agency Office (Wholesale)	P/M /C	Subject to 18.16.055 and 18.38.065, Minor conditional use permit required for on-site storage, display or parking of one or two vehicles being held as inventory. Conditional use permit required for on-site storage, display or parking of three or more vehicles being held as inventory
Automotive-Impound Yard	N
Automotive–Public Parking	M
Automotive-Parts Sales	M
Automotive–Repair & Modification: Major	N
Automotive–Repair & Modification: Minor	N
Automotive-Service Stations	C	Subject to 18.38.070
Automotive-Vehicle Storage	M/C	Permitted for up to one year by minor conditional use permit, with optional one year extensions to permit the use for up to five years; conditional use permit required to permit the use for over five years
Automotive-Washing	C
Banquet Halls	C
Bars & Nightclubs	C
Bed & Breakfast Inns	C	Subject to 18.38.080
Beekeeping	N
Billboards	N
Boarding House	C
Building Material Sales	N
Business & Financial Services	P
Cemeteries	N
Commercial Equestrian Establishments	N
Commercial Retail Centers-Large	P/C	Subject to 18.38.115; otherwise a conditional use permit is required
Commercial Retail Centers-Small	P/C	Subject to 18.38.115; otherwise a conditional use permit is required
Community Care Facilities–Licensed (Large)	C
Community Care Facilities–Unlicensed (Large)	C	Subject to 18.38.123
Community & Religious Assembly	C
Computer Internet & Amusement Facilities	N
Convalescent & Rest Homes	C
Convenience Stores	P/C	Subject to Section 18.38.110; otherwise, a conditional use permit is required
Dance & Fitness Studios–Large	P
Dance & Fitness Studios–Small	P
Day Care Centers	C
Drive-Through Facilities	C
Educational Institutions–Business	P/M	Institutions with ten students or less do not require a conditional use permit
Educational Institutions-General	C
Educational Institutions-Tutoring	P
Emergency Shelters (50 or fewer occupants)	N
Emergency Shelters (50 or fewer occupants)	N
Entertainment Venue	C
Equipment Rental-Large	N
Equipment Rental-Small	C
Farmers Market	M
Golf Courses & Country Clubs	N
Helipads & Heliports	C
Hospitals	C
Hotels	C
Hotel, Full Kitchen Facilities	C
Industry	N
Industry-Heavy	N
Junkyards	N
Markets–Large	P	Subject to § 18.38.155 and 18.60.220
Markets–Small	P/C	Subject to § 18.38.155; otherwise, a conditional use permit is required
Medical & Dental Offices	P
Medical Marijuana Dispensaries	N
Mortuaries	C
Motels	C
Offices-Development	P
Offices-General	P
Oil Production	N
Outdoor Storage Yards	N
Personal Services–General	P/N	Laundromats are subject to 18.38.150; Massage subject to § 18.16.070, except massage not permitted within Live/Work Units.
Personal Services–Restricted	C
Plant Nurseries	C
Public Art and Murals	P	Subject to 18.62.130 when visible to public property or public rights-of-way right-of-way
Public Services	P
Recreation-Billiards	P/C	Subject to Section 18.38.085; otherwise, a conditional use permit is required
Recreation–Commercial Indoor	C
Recreation-Commercial Outdoor	C
Recreation–Low-Impact	P	Allowed only as an accessory use to a primary use
Recreation-Swimming & Tennis	P
Recuperative Care/Medical Respite	N
Recycling Facilities-General	N
Recycling Services-Processing	N
Repair Services-General	P
Repair Services–Limited	P
Repair Services–Limited	P
Research and Development	P
Restaurants-Full Service	P
Restaurants–General	P
Restaurants–Outdoor Dining	P	Subject to § 18.38.220
Retail Sales–General	P
Retail Sales–Kiosks	M
Retail Sales-Outdoor	C	Subject to 18.38.190 and 18.38.200
Retail Sales-Used Merchandise	P
Self-Storage	C	Subject to City Council Policy No. 7.2
Senior Living Facilities (Large)	C
Sex-Oriented Business	N
Sober Living Homes (Large)	C	Subject to 18.38.123
Smoking Lounge	N
Studios-Broadcasting	P/C	Permitted without a conditional use permit if there is no live audience.
Studios-Recording	P/C	Permitted without a conditional use permit if there is no live audience.
Towing Services	N
Transit Facilities	C
Truck Repair & Sales	N
Utilities–Major	C
Utilities-Minor	P
Veterinary Services	P/C	Permitted without a conditional use permit when conducted entirely indoors subject to § 18.38.270
Warehousing & Storage-Enclosed	N
Wholesaling	C	Shall be accessory to a Retail use
Wine Bars	C

Table 32-B ACCESSORY USES AND STRUCTURES: MIXED USE OVERLAY ZONE		P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited
	MU	Special Provisions
Accessory Dwelling Unit	P	Subject to 18.38.015
Accessory Dwelling Unit–Junior	N
Amusement Devices	P
Animal Keeping	P	Subject to § 18.38.030
Antennas–Dish	P	Subject to § 18.38.050
Antennas–Receiving	P	Subject to § 18.38.050
Caretaker Units	P	Subject to § 18.38.090
Fences & Walls	P	Subject to § 18.40.050; this use may occur on a lot without a primary use
Home Occupations	P	Subject to § 18.38.130
Landscaping & Gardens	P	Subject to Chapter 18.46; this use may occur on a lot without a primary use
Mechanical & Utility Equipment– Ground Mounted	P	Subject to § 18.38.160
Mechanical & Utility Equipment– Roof Mounted	P	Subject to § 18.38.170
Parking Lots & Garages	P
Signs	P	Subject to Chapter 18.44
Solar Energy Panels	P	Subject to 18.38.170
Valet Parking	M
Vending Machines	P	Shall be screened from view from public rights-of-way, and shall not encroach onto sidewalks

Table 32-C TEMPORARY USES AND STRUCTURES: MIXED USE OVERLAY ZONE		P=Permitted by Right C=Conditional Use Permit Required N=Prohibited
	MU	Special Provisions
Special Events	P	Subject to § 18.38.240

(Ord. 5920 1 (part); June 8, 2004: Ord. 6101 § 18; April 22, 2008: Ord. 6245 § 39; June 5, 2012: Ord. 6287 §§ 1, 2; October 8, 2013: Ord. 6289 § 6; October 8, 2013: Ord. 6317 § 10; March 3, 2015: Ord. 6351 § 17; December 15, 2015: Ord. 6382 § 13; October 18, 2016: Ord. 6390 § 6; December 20, 2016: Ord. 6432 §§ 22 - 24; April 10, 2018: Ord. 6436 § 13; April 24, 2018: Ord. 6473 § 15; December 3, 2019: Ord. 6480 § 1; March 10, 2020: Ord. 6493 § 12; September 29, 2020: Ord. 6506 § 23; February 9, 2021: Ord. 6524 § 10; January 25, 2022: Ord. 6555 §§ 28, 29; April 4, 2023: Ord. 6580 § 7; June 11, 2024: Ord. 6601 § 9; January 14, 2025.)

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