§ 20.258.010  MIXED-USE ZONING DISTRICTS.
   A.   Purpose and intent of Mixed-Use zoning districts.
      1.   Mixed-Use I.
         a.   This zoning district provides areas for intense, mixed-use urban environments that offer opportunities for people to live, work, shop, and recreate without having to use their vehicles. This designation encourages vertical and horizontal integration of compatible residential and nonresidential uses, whereby the uses share the same structure or parcel. The Mixed-Use I designation applies to Downtown Brea, including the Birch Street Corridor, as well as other sites located throughout the community with ready access to major roadways and public transit. Land uses specifically prohibited within the Mixed-Use I designation include the manufacturing and processing of goods and materials, and any warehousing. Public and private walkways and related facilities may be established within the Mixed-Use I designation.
         b.   The residential density range is 12.1 to 50 dwelling units per acre. The maximum allowed floor area ratio (FAR) is 3.00. Residential densities at the higher end of the range will only be allowed for developments that clearly incorporate a mix of uses.
      2.   Mixed-Use II.
         a.   This zoning district provides opportunities for the coordinated development of urban villages that offer a diverse range of complementary land uses in close proximity to one another. Either vertical or horizontal integration of uses is allowed, with an emphasis on tying together the uses with appropriate pedestrian linkages. Residential densities at the higher end of the scale will be allowed for developments that clearly integrate uses.
         b.   The Mixed-Use II designation applies to larger properties that would benefit from a coordinated, integrated approach to development. Development densities and intensities at the upper end of the stated range will only be allowed for those projects that include public and/or private educational facilities, as well as functional and attractive public open space amenities. Land uses specifically prohibited within the Mixed-Use II designation include the manufacturing and processing of goods and materials, and any warehousing. Public and private walkways and related facilities may be established within the Mixed-Use II designation.
         c.   The residential density range is 6.1 to 40 dwelling units per acre. The maximum allowed floor area ratio (FAR) is 2.00. Residential densities at the higher end of the range will only be allowed for developments that clearly incorporate a mix of uses.
      3. Mixed-Use III.
         a.   This zoning district provides opportunities for the revitalization of deteriorated commercial corridors and centers located on arterials by allowing the development of neighborhood-serving commercial uses and vary intensity offices paired with residential uses. Either vertical or horizontal integration of uses is allowed, with an emphasis on tying together the uses through appropriate pedestrian linkages, parking, and public open space (e.g., linkage parks or small plazas). Because of the linear nature of this district, building forms would be less intense than those allowed in either Mixed-Use I or Mixed-Use II and site design will provide a transition from the arterial street frontage to residential properties located behind the Mixed-Use III property. In essence, the Mixed-Use III development will serve as a buffer between the street and the residential development.
         b.   The Mixed-Use III designation applies to properties that front Brea Boulevard and a portion of Imperial Highway. Land uses specifically prohibited within the Mixed-Use III designation include regional-serving retail uses, general industrial uses, and any warehousing. Additionally, nonresidential uses and access serving nonresidential developments (except for live/work developments) shall not be allowed on Walnut Avenue.
         c.   The residential density range is 6.1 to 18 dwelling units per acre. The maximum allowed floor area ratio (FAR) is 1.00. Residential densities at the higher end of the range will only be allowed for developments that clearly incorporate a mix of uses.
   B.   Allowable land uses. Table 2-2 indicates the uses allowed within the MU-I, MU-II, and the MU-III zoning districts, and the land use permit required to establish each use, in compliance with Division 5 (Planning Permit Procedures).
   C.   Prohibited land uses. Any table cell with a "--" means that the listed land use is prohibited in that specific Mixed-Use zoning district.
   D.   Land uses not listed. For land uses not listed in Table 2-2, the provisions of § 20.408.010 (Administrative Interpretation) shall apply.
   E.   Plan or precise development review required.  Depending on the size of the construction
activity (see Table 2-1), all construction activities (e.g., additions, alterations, construction, reconstruction, or remodeling) may require review and approval in compliance with §§  20.260.050 ( Special Provisions) and 20.408.040 (Plan Review).
   F.   Applicable sections. Where the last column in the tables ("See Section") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this zoning code may also apply.
(Ord. 1089, passed 3-7-06)
TABLE 2-1
REVIEW AUTHORITY CHART
TYPE OF CONSTRUCTION ACTIVITY
Role of Review Authority (1)
CITY PLANNER (Plan Check)
DIRECTOR (Plan Review)
PLANNING COMMISSION (Precise Development Review)
TABLE 2-1
REVIEW AUTHORITY CHART
TYPE OF CONSTRUCTION ACTIVITY
Role of Review Authority (1)
CITY PLANNER (Plan Check)
DIRECTOR (Plan Review)
PLANNING COMMISSION (Precise Development Review)
Facade improvements, only when not visible from a public right-of-way
Decision
Nonresidential construction, up to a maximum of 25% of the existing gross floor area
Decision
Residential construction, up to a maximum of 25% of the existing gross floor area, but no additional dwelling units
Decision
Tenant improvements
Decision
Facade improvements, only when visible from a public right-of-way
Decision
Nonresidential construction, up to a maximum of 10,000 square feet of gross floor area
Decision
Residential construction, up to a maximum of four dwelling units
Decision
Nonresidential construction, 10,000 square feet or more of gross floor area
Decision
Residential construction, five or more dwelling units
Decision
NOTE:
(1)   The review authority identified in the table above may defer action and refer the request to the next higher review authority for the final decision.
 
TABLE 2-2
ALLOWABLE USES AND PERMIT REQUIREMENTS FOR MIXED-USE ZONING DISTRICTS
TABLE 2-2
ALLOWABLE USES AND PERMIT REQUIREMENTS FOR MIXED-USE ZONING DISTRICTS
Key to Table:
P      Permitted Use
C      Conditional Use - Conditional Use Permit required (§ 20.408.030)
"--"      Use not allowed
LAND USE
PERMIT REQUIREMENT
MU-I
MU-II
MU-III
See Section
COMMUNICATION, TRANSPORTATION AND UTILITY FACILITIES (1)
Alternative fuels and recharging facilities as an accessory use
P
P
P
Motor vehicle parking lot/structure facilities
P
P
P
Public utility services offices
P
P
P
Major wireless communications facilities
C
C
C
EDUCATION, PUBLIC ASSEMBLY, AND RELIGIOUS FACILITIES (1)
Clubs or lodges
C
C
C
Commercial trade schools
C
C
C
Educational institutions, private
C
C
C
Meeting halls, places of worship
C
C
C
Studios: art, dance, martial arts, music, photography, etc.
P
P
P
ENTERTAINMENT AND RECREATIONAL FACILITIES (1)
Health/fitness centers
C
C
C
Indoor amusement/arcade, entertainment/recreation centers
C
C
C
Nightclubs with or without food service, bar
C
C
C
Theaters, auditoriums, indoors
C
C
--
Theaters, movie
C
C
--
Theaters, outdoors
C
C
--
NOTE:
(1)   Nonresidential developments (e.g. education, public assembly, and religious facilities, entertainment and recreational facilities, public/semi-public facilities, retail trade and service facilities) and access serving nonresidential developments (except for live/work facilities) shall not be allowed on Walnut Avenue.
 
TABLE 2-2
ALLOWABLE USES AND PERMIT REQUIREMENTS FOR MIXED-USE ZONING DISTRICTS
Key to Table:
P      Permitted Use
C      Conditional Use - Conditional Use Permit required (§ 20.408.030)
"--"      Use not allowed
LAND USE
PERMIT REQUIREMENT
MU-I
MU-II
MU-III
See Section
PUBLIC/SEMI-PUBLIC FACILITIES (1)
TABLE 2-2
ALLOWABLE USES AND PERMIT REQUIREMENTS FOR MIXED-USE ZONING DISTRICTS
Key to Table:
P      Permitted Use
C      Conditional Use - Conditional Use Permit required (§ 20.408.030)
"--"      Use not allowed
LAND USE
PERMIT REQUIREMENT
MU-I
MU-II
MU-III
See Section
PUBLIC/SEMI-PUBLIC FACILITIES (1)
Community/recreational centers
P
P
P
Government services (city, county, state or federal)
P
P
P
Libraries
P
P
P
Museums
P
P
P
Post offices
P
P
P
RESIDENTIAL (Dwelling units not allowed as a stand-alone use on Brea Boulevard or Imperial Highway)
Accessory dwelling unit
P
P
P
Accessory uses and structures
P
P
P
20.08.035.F and 20.xx.xxx
Assisted living facilities
C
C
C
Boarding houses
C
C
C
Caretaker/employee housing
P
P
P
Home occupations
P
P
P
Junior accessory dwelling unit2
P
P
P
Live/work facilities
P
P
P
Mixed-use developments
P
P
P
20.158.010.E
Multi-family dwelling units
C
C
C
Residential care facilities
C
C
C
Single-family dwelling units (attached)
P
P
P
Single-family dwelling units (detached)
P
P
P
Townhouses (e.g. rowhouses)
P
P
P
Two-family dwelling units
P
P
P
NOTE:
(1)   Nonresidential developments (e.g. education, public assembly, and religious facilities, entertainment and recreational facilities, public/semi-public facilities, retail trade and service facilities) and access serving nonresidential developments (except for live/work facilities) shall not be allowed on Walnut Avenue.
(2)   Junior accessory dwelling units are only permitted on a lot with an existing or proposed single-family dwelling.
 
TABLE 2-2
ALLOWABLE USES AND PERMIT REQUIREMENTS FOR MIXED-USE ZONING DISTRICTS
TABLE 2-2
ALLOWABLE USES AND PERMIT REQUIREMENTS FOR MIXED-USE ZONING DISTRICTS
Key to Table:
P      Permitted Use
C      Conditional Use - Conditional Use Permit required (§ 20.408.030)
"--"      Use not allowed
LAND USE
PERMIT REQUIREMENT
MU-I
MU-II
MU-III
See Section
RETAIL TRADE (1)
Accessory retail uses
P
P
P
Department stores
P
P
--
Furniture/furnishings, rentals, repair, sales and service stores
P
P
--
Garden centers/nursery (indoors)
P
P
P
Garden centers (outdoors)
C
C
C
Liquor stores (off-site consumption only)
C
C
C
Mini-markets
C
C
C
Motor vehicle parts and supplies, no repair or outdoor storage
P
P
P
Outdoor retail sales and activities (as a primary use) (Carts/kiosks)
C
C
C
Retail stores, general merchandise, up to 5,000 square feet of gross floor area
P
P
P
Retail stores, general merchandise, 5,000 square feet or more, up to a maximum of 10,000 square feet or gross floor area
P
P
C
Retail stores, general merchandise, over 10,000 square feet of gross floor area
P
P
--
Shopping centers
P
P
--
Temporary uses/activities
TUP
TUP
TUP
Warehouse retail stores
--
P
--
NOTE:
(1)   Nonresidential developments (e.g. education, public assembly, and religious facilities, entertainment and recreational facilities, public/semi-public facilities, retail trade and service facilities) and access serving nonresidential developments (except for live/work facilities) shall not be allowed on Walnut Avenue.
 
TABLE 2-2
ALLOWABLE USES AND PERMIT REQUIREMENTS FOR MIXED-USE ZONING DISTRICTS
TABLE 2-2
ALLOWABLE USES AND PERMIT REQUIREMENTS FOR MIXED-USE ZONING DISTRICTS
Key to Table:
P      Permitted Use
C      Conditional Use - Conditional Use Permit required (§ 20.408.030)
"--"      Use not allowed
LAND USE
PERMIT REQUIREMENT
MU-I
MU-II
MU-III
See Section
SERVICES (1)
Acupuncture clinics
P
P
P
Automated teller machines (ATMs)
P
P
P
Banks and financial services
P
P
P
Barber, beauty, nail shops, massage
P
P
P
Bars/liquor establishments (on-site consumption only)
C
C
C
Business support services
P
P
P
Catering services
P
P
P
Check cashing services
P
P
P
Child day care facilities
C
C
C
Community care facilities
C
C
C
Convalescent/rest homes and hospitals
C
C
--
Cyber cafes
C
C
C
Dry cleaning service, drop-off only
P
P
P
Equipment rental establishments (indoor only)
P
P
P
Hotels or motels
C
C
C
Laundromats, self-service
P
P
C
Locksmith shops
P
P
P
Medial/dental offices or clinics
P
P
P
Medical services, laboratories
--
P
P
NOTE:
(1)   Nonresidential developments (e.g. education, public assembly, and religious facilities, entertainment and recreational facilities, public/semi-public facilities, retail trade and service facilities) and access serving nonresidential developments (except for live/work facilities) shall not be allowed on Walnut Avenue.
 
TABLE 2-2
ALLOWABLE USES AND PERMIT REQUIREMENTS FOR MIXED-USE ZONING DISTRICTS
TABLE 2-2
ALLOWABLE USES AND PERMIT REQUIREMENTS FOR MIXED-USE ZONING DISTRICTS
Key to Table:
P      Permitted Use
C      Conditional Use - Conditional Use Permit required (§ 20.408.030)
"--"      Use not allowed
LAND USE
PERMIT REQUIREMENT
MU-I
MU-II
MU-III
See Section
SERVICES (1)  (Cont'd)
Motor vehicle leasing/rental (office only; no vehicles on-site)
P
P
P
Offices
P
P
P
Personal services, general (does not include uses defined under personal services, limited)
P
P
P
Photocopy/desktop facilities
P
P
P
Photography studios/supply shops
P
P
P
Printing and publishing (under 5,000 square feet)
P
P
P
Repair/maintenance, consumer products
--
P
P
Restaurants, fast food, with or without outdoor seating.  No drive- thru facilities allowed.
P
P
P
Restaurants, sit-down
P
P
P
Restaurants, specialty foods
P
P
P
Restaurants with alcohol sales
C
C
C
Restaurants with drive-thru facilities
--
C
C
Reverse vending machine(s) recycling facilities
P
P
P
Ticket agencies
P
P
P
Travel agencies
P
P
P
Veterinarian clinic/services and small animal hospitals (overnight stays allowed)
C
C
C
NOTE:
(1)   Nonresidential developments (e.g. education, public assembly, and religious facilities, entertainment and recreational facilities, public/semi-public facilities, retail trade and service facilities) and access serving nonresidential developments (except for live/work facilities) shall not be allowed on Walnut Avenue.
 
(Ord. 1089, passed 3-7-06; Am. Ord. 1220, passed 3-16-21)