Mixed use is a concept and/or design that is a finite development project within whose boundaries residential uses are introduced and fully integrated with office, commercial and light industrial land uses, designed to offer more intensification and concentration of urban uses, and promote a walkable environment in a locale where residential uses are in close proximity to places of employment and commerce.
A. Intent: The intent of this section is to encourage more dense and orderly development of urban uses which include gathering places where residents may interact, work, and obtain goods and services in the same general location. There should be an emphasis on pedestrian activities and linkages, priority transit routes and facilities to serve the development, and reducing the number of vehicular miles traveled by promoting alternative modes of transportation, including pedestrian pathways, bicycling pathways, and public transportation as major facets in the design of each project. The director may use his/her discretion to modify the project design, including, but not limited to: requiring that all or a portion of the ground (street) level floor space be dedicated to residential uses, accessibility from adjacent public and/or private sidewalks, requiring parking areas and open space orientation that encourages accessibility to pedestrians and separates pedestrians from vehicles, requiring dedicated footpaths, and requiring any other modification to project design that encourages pedestrian use, including its interaction with the surrounding planned and existing development, street patterns, neighborhoods, and the city.
B. Applicable Zone Districts Where A Mixed Use Project Is Permitted:
1. In the PO, C-AO and CN zone districts a mixed use project is a "by right" use and the integrated residential use must be developed in accordance with the medium density residential general plan land use designation (8 to 15 dwelling units per acre).
2. In the CC and CS zone districts a mixed use project is a "by right" use and the integrated residential use must be developed in accordance with the high density residential general plan land use designation (15 to 29 dwelling units per acre).
3. In the ML zone districts mixed use projects, which integrate a residential use, is a "conditional" use. See subsection C1b of this section.
C. Uses Permitted:
1. Mandatory Mix Of Uses: Each application governed by this section shall have a residential component integrated with a use or uses permitted as described below.
a. Office and commercial zone districts: All allowable uses listed in the underlying district whether "by right" or "conditional" use may be integrated with a residential use into the proposed project. If the underlying and residential uses are both permitted "by right", a site plan review application will be required. If the underlying use is a "conditional" use and the integration of a residential use is proposed, then, a conditional use permit application will be required.
b. ML light industrial zone district (see section 10-9A-1 of this title): Only the allowable "by right" uses listed in the underlying district and all uses whether "by right" or "conditional" use in the CC and CS zone districts, may be integrated with a residential use, pursuant to the following findings:
(1) The project shall be a minimum of four (4) acres.
(2) In the ML light industrial zone district the integration of a residential use must be developed in accordance with the following residential planned land use density:
Minimum Acreage | Minimum Residential Density |
4 - 10 net acres | 8 units per acre |
11 - 15 net acres | 15 units per acre |
+16 net acres | 20 units per acre |
(3) The subject property shall not share a common property line on two (2) or more sides with a designated heavy industrial zone district.
(4) The project shall be architecturally unified throughout the entire site and compatible with surrounding development.
(5) A project may be phased over time, however, each phase shall contain an integration of a minimum of two (2) of the mix of uses.
(6) The city shall issue a public hearing notice a minimum of ten (10) days prior to the established planning commission and/or city council hearing date to all property owners within five hundred feet (500') of the subject property, using Fresno County assessor's office data.
(7) The city shall publish a public hearing notice at least once in a newspaper of general circulation.
(8) The planning commission shall review the mixed use application proposed within a light industrial zone district and make a recommendation to the city council.
(9) The city council shall receive a recommendation from the planning commission and the decision of the city council shall be final.
D. Development Standards:
1. The development standards of the underlying zone district shall generally guide the development of the subject property.
2. The mix of residential use with permitted office/commercial/industrial uses shall occur both in the horizontal and vertical axes except that the director may waive the requirement for a vertical mix of use, if the design of the project, or the inclusion of a residential component to an existing development illustrates performance standards that meet the intent of the section by providing an integrated, well designed network of pedestrian pathways connecting the places of residences with places of work, commerce, and open space areas.
3. Each building within a mixed use development project shall have a minimum of two (2) stories. Notwithstanding the foregoing, any use for seniors' independent or congregate care living shall be permitted to limit their buildings to one story conditioned upon architectural compatibility with the remainder of the two-story buildings in the mixed use development project.
4. If modifications to the development standards are proposed, the applicant is required to provide supporting evidence for the modification of the general standards, which shall be submitted with the project application. (Ord. 2014-001, 5-13-2014)