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SEC. 13.09.  MIXED USE DISTRICT.
   (New Sec. 13.09 Added by Ord. No. 172,171, Eff. 9/27/98.)
 
   A.   Purpose.  The purpose of the Mixed Use District is to implement the General Plan by encouraging land uses that combine Commercial Uses and dwelling units in order to reduce vehicle trips and vehicle miles traveled by locating residents, jobs, and services near each other; to improve air quality through a reduction of vehicle trips and vehicle miles traveled; to support the transit system; to promote economic vitality and the revitalization of areas of special need; to provide for a variety of housing opportunities, including senior housing; to improve the efficiency of public services, systems, and utilities; to promote design quality and flexibility; and to promote pleasing and interesting urban form and architecture.  Areas proximate to mass transit stations and major bus routes are appropriate locations for Mixed Use Districts.
 
   B.   Establishment of District.
 
   1.   Requirements.  A Mixed Use District may only include lots in the R5, CR, C1, C1.5, C2, C4, or C5 zones.  Lots in the R3 or R4 zones may also be included in a Mixed Use District if they (1) abut a designated major or secondary highway; and (2) are also located in a Community Plan designated regional or community center.
 
   A Mixed Use District shall contain no less than one Block Face.  The total acreage in a Mixed Use District shall include contiguous parcels of land which may only be separated by public streets, alleys, or other physical features, or as determined by the Director of Planning, or his/her designee.  Precise boundaries are required to be delineated at the time of application or initiation of an individual rezoning application to Mixed Use District.
 
   A Mixed Use District shall be consistent with the intent and purposes of the applicable Community Plan.  If, as determined by the Director of Planning or his/her designee, the provisions of this section conflict with those of an adopted specific plan, then the provisions of the specific plan shall prevail.  If the provisions of this section conflict with any other citywide regulations except an adopted specific plan, then the provisions of this section shall prevail.  If “Q” or “D” limitations have been imposed on a lot, then the most restrictive requirement shall prevail.
 
   2.   Standard Provisions and Permitted Modifications.  In establishing an individual Mixed Use District, all of the standard provisions set forth in Subsection C, Uses; Subsection D, Yards; Subsection E, Development Incentives; Subsection F, Development Standards; and Subsection G, Pedestrian Orientation, shall apply.
 
   However, based on an appropriate consideration of the proposed district’s character, needs, and development potential, and the goals, objectives, and policies set forth in the applicable Community Plan, some of the standard provisions set forth in Subsections C or E may be eliminated or modified, as further described below.
 
   3.   Definitions.  Notwithstanding any other provision of this article to the contrary, the following definitions shall apply to this section:
 
   Automotive Uses means automobile and trailer sales areas, automobile dismantling yards, automotive fueling and service stations, and automotive repair uses as defined in Section 12.03.
 
   Block Face is a lot or a group of lots that abuts on at least three sides a public street or other physical feature, or as determined by the Director of Planning, or his or her designee.
 
   Building Frontage means the maximum length of a line or lines formed by connecting the points representing projections of the exterior building walls onto a public street or onto a courtyard that is directly accessible by pedestrians from a public street, whichever distance is greater.
 
   Central Parking Structure is a parking structure or surface lot accessible to and available for use by the public and identified as a Central Parking Structure in the individual ordinance establishing the Mixed Use District.
 
   Commercial Uses means those uses as first permitted in the CR, C1, C1.5, C2, C4, or C5 zones, including guest rooms and hotels as defined in Section 12.03 and Community Facilities as defined by this section.
 
   Community Facilities means the following uses as first permitted by the CR zone and designed to serve the community-at-large: non-profit museums or libraries; child or adult day care facilities or nursery schools; churches or houses of worship (except rescue missions or temporary revivals); community centers or meeting rooms owned and operated by a governmental agency or non-profit organization; cultural centers owned and operated by a governmental agency or non-profit organization; schools, elementary or high; educational institutions; police substations; and telecommuting centers.
 
   Corner Lot means a lot located at the intersection of at least two streets designated on the Transportation Element of the General Plan as either a major, secondary, or other highway classification, or a collector street.  At least one of the streets at the intersection must be a designated highway.
 
   Facade Treatment is a rooftop architectural embellishment such as a Mansard roof that is constructed on the street-facing side of a Mixed Use Project.
 
   Ground Floor is the lowest story within a building which is accessible from the street, the floor level of which is within three feet above or below curb level.
 
   Major Bus Center means the intersection of two bus routes, one of which is a major bus route.
 
   Major Bus Route means a bus route that is served by bus lines with evening peak hour headways of fifteen minutes or less and shown on a map approved by and reviewed annually by the City Planning Commission.  A bus route is one that is currently in operation within the route network of the Los Angeles County Metropolitan Transportation Authority, its successor agencies or other municipal transit operators but not including the City of Los Angeles’ DASH system or its successor agencies.
 
   Mass Transit Station is a portal or platform at a transit stop for a fixed rail transit system.  Portal means the street-level entrance, exit, or escalator.  A Mass Transit Station is a facility that is currently in use, that a full funding contract for a proposed station’s location and portals has been signed by all funding partners, or one that a resolution to fund a preferred alignment has been adopted by the Los Angeles County Metropolitan Transportation Authority or its successor agency which resolution details specific station and portal locations.
 
   Mixed Use Project means a Project which combines one or more Commercial Uses and multiple dwelling units in a single building or in a Unified Development and which provides the following:
 
   (1)   a separate, Ground Floor entrance to the residential component, or a lobby that serves both the residential and Commercial Uses components; and
 
   (2)   a pedestrian entrance to the Commercial Uses component that is directly accessible from a public street, and that is open during the normal business hours posted by the business.
 
   A minimum of 35 percent of the Ground Floor Building Frontage abutting a public commercially zoned street, excluding driveways or pedestrian entrances, must be designed to accommodate Commercial Uses to a minimum depth of 25 feet.
 
   Pedestrian Amenities means outdoor sidewalk cafes, public plazas, retail courtyards, water features, kiosks, paseos, arcades, patios, covered walkways, or spaces for outdoor dining or seating that are located on the Ground Floor, and that are accessible to and available for use by the public.
 
   Project means the construction of a commercial, residential, or Mixed Use Project in a single building or in a Unified Development.
 
   Unified Development means a development of two or more buildings which have functional linkages such as pedestrian or vehicular connections, with common architectural and landscape features which constitute distinctive design elements of the development, and that appears to be a consolidated whole when viewed from adjoining streets.  Unified Developments may include two or more contiguous parcels or lots of record separated only by a street or alley.
 
   4.   Findings.  In order to establish a Mixed Use District, the City Council must find that adequate infrastructure exists (including, but not limited to, schools, streets, and sewers) to support any added development permitted by the district.
 
   C.   Uses.  Notwithstanding any other provision of this chapter to the contrary, the following provisions shall apply:
 
   1.   Community Facilities that are part of a Mixed Use Project are permitted in the R3 or R4 zones if the lot or lots abut a Major Bus Route.
 
   2.   Commercial Uses that are part of a Mixed Use Project are permitted on lots in the R5 zone, except Automotive Uses as defined in Section 13.09 B 3 and open storage, including incidental open storage.
 
   3.   Projects comprised exclusively of dwelling units are not permitted on lots in the CR, C1, C1.5, C2, C4, or C5 zone, except with the approval of the Zoning Administrator pursuant to Section 12.27I23.  However, the individual ordinance establishing a Mixed use District may amend this provision and permit Projects comprised exclusively of dwelling units in all or parts of the District.
 
   4.   If the City Council finds that further restricting the uses in a Mixed Use District is appropriate in light of the proposed district’s character, needs, and development potential, and the goals, policies, and objectives set forth in the applicable Community Plan, then the Council may do so in the ordinance establishing the district.
 
   D.   Yards.  Notwithstanding any other provisions of this article to the contrary, the following yards shall apply to Mixed Use Projects:
 
   1.   The yards of the CR zone shall apply to the non-residential component on lots in the R3 or R4 zones.
 
   2.   The following yards shall apply to lots in the R5 zone:
 
   (a)   The yards of the C2 zone shall apply to the non-residential component.
 
   (b)   No yards shall apply to the residential component if it abuts a street, private street, or alley.
 
   E.   Development Incentives.  Notwithstanding any other provisions of this chapter to the contrary, the following development incentives shall apply in Mixed Use Districts:
 
   1.   Housing.  The individual ordinance establishing a Mixed Use District shall establish an incentive for dwelling units in Mixed Use Projects.  The amount of the incentive shall be based on an appropriate consideration of the proposed district’s character, needs, and development potential, and the goals, policies, and objectives set forth in the applicable Community Plan.
 
   The incentive shall be shown on the “Zoning Map” by use of the capital letters “MU” for Mixed Use Projects and “C” for Commercial Uses, preceded by the applicable numerical limits.  The first two-digit number before the diagonal line shall indicate the maximum height permitted.  The first number after the diagonal line, which may include a decimal fraction, shall indicate the maximum permitted floor area ratio (FAR).  For example, a Mixed Use District zoned C2 45/2.0-MU 35/1.5-C means that a Mixed Use Project may not exceed a maximum height of 45 feet for the entire Project or an FAR of 2.0.  The Commercial Uses in a Mixed Use Project would be restricted to a maximum FAR of 1.5.  Projects comprised exclusively of Commercial Uses would be restricted to a maximum height of 35 feet and a maximum FAR of 1.5.  If the letter “U” appears before the diagonal line instead of a number, then an unlimited height is permitted.
 
   (a)   If a height or FAR housing incentive would result in a maximum height or FAR which exceeds that of the underlying base zone, then the Project may not proceed until the height district of the base zone is changed.
 
   (b)   The minimum dwelling unit FAR for Mixed Use Projects with a total FAR of 6.0 or greater is 1.5
 
   (c)   The lot area requirements of the R5 zone shall apply to Mixed Use Projects with a total FAR of 6.0 or greater.
 
   2.   Pedestrian Amenities.  Pedestrian Amenities shall not be included in the calculation of permitted FAR.
 
   3.   Parking.  If a proposed Mixed Use District includes lots within 1,500 feet of a Mass Transit Station or Major Bus Center, or lots within 750 feet of a Central Parking Structure, then the individual ordinance establishing the Mixed Use District shall include a parking incentive which specifies a reduction in the number of parking spaces required by Section 12.21A4.  Provided, however, a minimum of two spaces for every 1,000 square feet of non-residential floor area shall be required.  In determining the appropriate level of parking reduction, the City Council shall consider such factors as local transit dependency and automobile usage, traffic, available parking, and level of transit service, and the goals, policies, and objectives set forth in the applicable Community Plan.
 
   (a)   Transit Facilities.  The transit facility incentive shall be restricted to dwelling units and Commercial Uses in Mixed Use Projects within 1,500 feet of a Mass Transit Station or Major Bus Center.
 
   (b)   Central Parking Structures.  The Central Parking Structure incentive shall be restricted to Commercial Uses within 750 feet of a Central Parking Structure.  To make use of this incentive, the owner(s) of the Central Parking Structure must execute and record in the Los Angeles County Recorder’s Office, a covenant and agreement for the benefit of the City of Los Angeles which provides that the required parking shall be maintained in perpetuity or until the Director of Planning determines that it is no longer necessary.  This incentive may not be combined with the transit facility incentive set forth in (a) above.
 
   (c)   Measurement of Distance.  Distance from a transit facility or Central Parking Structure shall be measured as specified in Section 12.21A4(g).
 
   (d)   Downtown Exceptions.  The parking incentive for dwelling units as set forth in Section 13.09E3(a) above shall not be authorized in the Parking Exception Area for the Central City as described in Section 12.21A4(p).  The parking incentive for Commercial Uses as set forth in Section 13.09E3(a) and (b) above shall not be authorized in the Downtown Business District Exception Area as described in Section 12.21A4(I).
 
   (e)   Affordable Housing.  The transit facility and Central Parking Structure incentives set forth above shall not be combined with the parking reduction provided for affordable housing as set forth in Section 12.22A25(d)(2).
 
   4.   Facade Treatments, Corner Lots, and Community Facilities.  (Amended by Ord. No. 173,492, Eff. 10/10/00.) Each Mixed Use Project shall be entitled to one of the following incentives by right.  To obtain an entitlement for two or more of these incentives, the approval of the Zoning Administrator pursuant to Section 12.24W28 is required.
 
   (a)   Facade Treatments.  Unless eliminated or modified by the individual ordinance establishing a Mixed Use District, if the maximum height otherwise permitted by the underlying zone or established pursuant to Section 13.09E1 above is less than 100 feet, then a Mixed Use Project is entitled to an increase in height of no more than ten feet, provided that the additional height is used for a Facade Treatment.
 
   The individual ordinance establishing the Mixed Use District may not modify the following restrictions:
 
   (1)   The Facade Treatment incentive may not be utilized on lots adjacent to or abutting an RW1 or more restrictive zone as defined by Sections 12.04 or 12.23;
 
   (2)   The Facade Treatment incentive may not be combined with the Corner Lot incentive described in Paragraph (b) below; and
 
   (3)   The Facade Treatment incentive may not be used for signs or to increase the floor area of a structure.
 
   (b)   Corner Lots.  Unless eliminated or modified by the individual ordinance establishing a Mixed Use District, a Mixed Use Project on a Corner Lot is entitled to an increase in height, FAR, and residential density for dwelling units that is 20 percent greater than what is otherwise permitted by the underlying zone or what is established pursuant to Section 13.09E1 above.
 
   The individual ordinance establishing the Mixed Use District may not modify the following restrictions:
   (1)   Unless a conditional use permit pursuant to Section 12.24 W 28 is also obtained, a Mixed Use Project which secures an affordable housing density bonus pursuant to California Government Code Section 65915 shall not also be entitled to the Corner Lot incentive; and
 
   (2)   The Corner Lot incentive may not be utilized on lots adjacent to or abutting an RW1 Zone or a more restrictive zone as defined by Sections 12.04 or 12.23.
 
   (c)   Community Facilities.  Unless modified by the individual ordinance establishing the Mixed Use District, no more than 75 percent of the total floor area of a child or adult day care facility, community meeting room, cultural center, museum or telecommuting center shall be included in the calculation of permitted FAR.
 
   5.   Mini-Shopping Centers and Commercial Corner Developments.  (Amended by Ord. No. 172,350, Eff. 1/30/99.)  Mixed Use Projects are exempt from the regulations governing Mini-Shopping Centers and Commercial Corner Developments as set forth in Section 12.22A23.
 
   F.   Development Standards.  Notwithstanding the requirements of any other provision of this chapter to the contrary, all Projects shall comply with the following development standards.
 
   1.   Landscaping and Surface Parking Lots.  (Amended by Ord. No. 175,223, Eff. 6/30/03.)  Landscaping of Projects and surface parking lots shall be provided in accordance with the requirements set forth in Sections 12.41, 12.42, 12.43 and 12.22 A.23.(10)(ii) (mini-shopping centers and commercial corner developments) of the Code.  Projects must also comply with the following additional requirements:
 
   (a)   Open Areas.  All open areas not used for buildings, driveways, parking, recreational facilities, or Pedestrian Amenities shall be landscaped by shrubs, trees, ground cover, lawns, planter boxes, flowers, or fountains.
 
   (b)   Pavement.  Paved areas, excluding parking and driveway areas, shall consist of enhanced paving materials such as stamped concrete, permeable paved surfaces, tile, and/or brick pavers.
   (c)   Street Trees.  At least one 24-inch box street tree shall be planted in the public right-of-way on center, or in a pattern satisfactory to the Bureau of Street Maintenance, for every 25 feet of street frontage.
 
   2.   Open Space.  All Projects shall comply with the open space requirements for six or more residential units pursuant to Section 12.21G.
 
   3.   Facade Relief.  Building Frontage shall be designed to comply with the following requirements.  These standards do not apply to accessory buildings, additions, remodels, or any change of use in an existing building.
 
   (a)   Horizontal architectural treatments and/or facade articulations such as cornices, friezes, balconies, awnings, Pedestrian Amenities, or other features shall be provided for every 30 feet of building height visible from a street.
 
   (b)   If a Project includes 40 or more feet of Building Frontage visible from a street, then vertical architectural treatments and/or facade articulations such as columns, pilasters, indentations, or other features shall be provided for every 25 feet.  The minimum width of each vertical break shall be eight feet and the minimum depth shall be two feet.
 
   4.   Signage.  Signage shall comply with the requirements of Section 12.22 A.23.(a)(6) (mini-shopping centers and commercial corner developments).  (Amended by Ord. No. 175,223, Eff. 6/30/03.)
 
   5.   Noise Control.  Any dwelling unit exterior wall including windows and doors having a line of sight to a major highway, secondary highway, or other designated highway shall be constructed so as to provide a Sound Transmission Class of 50 or greater, as defined in the Uniform Building Code Standard No. 35-1, 1979 Edition.  The developer, as an alternative, may retain an acoustical engineer to submit evidence, along with the application for a building permit, specifying any alternative means of sound insulation sufficient to reduce interior noise levels below 45dBA in any habitable room.
 
   6.   Rooftop Appurtenances.  All ventilation, heating, or air conditioning ducts, tubes, equipment, or other related rooftop appurtenances shall be screened when viewed from adjacent streets.
 
   G.   Pedestrian Orientation.  The individual ordinance establishing a Mixed Use District, may designate some or all of the lots in the district as “pedestrian oriented.”  The decision as to which lots shall be designated as “pedestrian oriented” shall be based on an appropriate consideration of the proposed district’s character, needs, and development potential, and the goals, policies, and objectives set forth in the applicable Community Plan.
 
   The following development standards, in addition to the development standards set forth in Subsection F above, shall apply to all Projects constructed on lots designated as pedestrian oriented.  These standards shall not apply to accessory buildings, additions, remodels, or any change of use in an existing building.
 
   1.   Ground Floor Commercial Uses.  One hundred percent of the Ground Floor Building Frontage abutting a public commercially zoned street, excluding driveways or pedestrian entrances, shall be designed to accommodate Commercial Uses to a minimum depth of 25 feet.
 
   2.   Building Frontage.  Building Frontage shall, for its first 15 feet of height, be located within five feet of the front lot line and within five feet of a side yard lot line adjacent to a public street and shall extend at least 65 percent of the length of the lot line.
 
   3.   Pedestrian Amenities.  Notwithstanding the Building Frontage requirements in 2 above, if a Pedestrian Amenity is provided, the required Building Frontage may be set back up to 15 feet along the portion of that amenity.
 
   4.   Location of Pedestrian Entrances.  Each individual tenant or business space located on the Ground Floor shall have an entrance directly accessible from the street at the same grade as the sidewalk, and the entrance shall remain open during the normal business hours posted by the business.
 
   5.   Openings in Building Frontages for Vehicular Access.  Vehicular access shall be provided from side streets or alleys if available.  Where side street or alley access is not available, not more than one 20-foot wide driveway shall be provided per 100 feet of Building Frontage, and not more than two driveways shall be permitted per building.
 
   6.   Parking.  Surface parking lots or parking structures shall be located behind the required Building Frontage, in the rear, interior portion of the lot that does not front on the street.
 
   7.   Transparency of Building Frontage.  Building Frontage shall comply with the requirements of Section 12.22 A.23.(a)(3) (mini-shopping centers and commercial corner developments).  (Amended by Ord. No. 175,223, Eff. 6/30/03.)