Chapter 16.40
C-MU NEIGHBORHOOD MIXED USE DISTRICT
Sections:
16.40.015 Administratively permitted uses.
16.40.030 Development regulations.
16.40.040 Residential design standards.
16.40.050 Residential green and sustainable building.
16.40.010 Permitted uses.
Permitted uses in the C-MU district, all within a building and intended to serve the neighborhood, are as follows:
(1) Retail services;
(2) Personal services;
(3) Cafes and restaurants, excluding (A) drive-through restaurants, (B) restaurants serving beer, wine or alcoholic beverages, and (C) restaurants providing live music or entertainment;
(4) Multiple dwellings. (Ord. 1104 § 5 (Exh. A § 1), 2023; Ord. 1027 § 3 (part), 2016: Ord. 936 § 3 (part), 2005: Ord. 766 § 3 (part), 1988).
16.40.015 Administratively permitted uses.
Uses allowed in the C-MU district, subject to obtaining an administrative permit, are as follows:
(1) Financial services;
(2) Professional offices;
(3) Outdoor seating;
(4) Live music or entertainment. (Ord. 1104 § 5 (Exh. A § 1), 2023; Ord. 1027 § 3 (part), 2016: Ord. 936 § 3 (part), 2005).
16.40.020 Conditional uses.
Conditional uses allowed in the C-MU district, subject to obtaining a use permit, are as follows:
(1) Service stations, with or without car wash and/or mini-mart;
(2) Automotive repair with service station;
(3) Mortuaries;
(4) Convalescent homes;
(5) Child day care center;
(6) Cafes and restaurants serving beer, wine, or alcoholic beverages;
(7) Public utilities in accordance with Chapter 16.76;
(8) Special uses in accordance with Chapter 16.78. (Ord. 1104 § 5 (Exh. A § 1), 2023; Ord. 1027 § 3 (part), 2016: Ord. 936 § 3 (part), 2005: Ord. 850 § 7 (part), 1993; Ord. 766 § 3 (part), 1988).
16.40.030 Development regulations.
Development regulations in the C-MU district are as follows:
(1) Minimum district size: twenty-five thousand (25,000) square feet;
(2) Minimum lot area: none, except that the cumulative lot area of all property within the C-MU district shall be no less than twenty-five thousand (25,000) square feet;
(3) Minimum lot dimensions: none;
(4) Required minimum yards: front, ten (10) feet; side, none; corner side, ten (10) feet, rear, none; except when abutting a residential district where a twenty (20) foot yard shall be provided;
(5) Land covered by all structures shall not exceed sixty percent (60%) of a building site;
(6) Not less than ten percent (10%) of a building site shall be occupied by landscaping;
(7) Height of structures shall not exceed thirty (30) feet. For a mixed residential and nonresidential development, the maximum building height shall not exceed forty (40) feet;
(8) In the case of conditional uses, additional regulations may be required by the planning commission;
(9) Nonresidential uses are a required component of any development in the C-MU district, except for sites identified in Appendix 7-1, Table B of the 2023 to 2031 6th Cycle Housing Element for very low- and low-income households, which are subject to the provisions of Section 16.08.105;
(10) The floor area ratio for nonresidential uses shall not exceed forty percent (40%), except that fifty percent (50%) may be allowed with use permit approval and a minimum lot size of twenty thousand (20,000) square feet;
(11) The maximum density is thirty (30) dwelling units per acre (du/ac);
(12) The floor area ratio for multiple dwelling units shall increase on an even gradient up to ninety percent (90%) for thirty (30) du/ac. The maximum floor area ratio may be allowed when the maximum number of dwelling units is proposed, even if less than thirty (30) du/ac;
(13) In a mixed residential and commercial development, the combined maximum floor area ratio shall not exceed one hundred ten percent (110%). The maximum nonresidential and residential floor area ratios for each component shall not exceed the maximum allowed per subsections (10) and (12) of this section;
(14) In a mixed nonresidential and residential development that provides the maximum number of dwelling units per subsection (12) of this section, the combined maximum floor area ratio is one hundred forty percent (140%). The maximum nonresidential and residential floor area ratios for each component shall not exceed the maximum allowed per subsections (10) and (12) of this section;
(15) Development in the C-MU district shall meet the following parking requirements:
(A) Parking shall not be located in any required yard adjacent to a street.
|
Land Use |
Minimum Spaces (Per Unit or 1,000 Sq. Ft.) |
Maximum Spaces (Per Unit or 1,000 Sq. Ft.) |
Minimum Bicycle Parking1 |
|---|---|---|---|
|
Residential units |
1 per unit |
1.5 per unit |
1.5 long-term2 per unit; 10% additional short-term2 for guests |
|
Office |
2 |
3 |
1 per 5,000 sq. ft. of gross floor area Minimum 2 spaces for office and research development: 80% for long-term2 and 20% for short-term2 For all other commercial uses: 20% for long-term2 and 80% for short-term2 |
|
Retail |
2.5 |
3.3 |
|
|
Financial services |
2 |
3.3 |
|
|
Eating and drinking establishment |
2.5 |
3.3 |
|
|
Personal services |
2 |
3.3 |
|
|
Private recreation |
2 |
3.3 |
|
|
Child care center |
2 |
3.3 |
|
|
Other |
At transportation manager discretion |
At transportation manager discretion |
At transportation manager discretion |
1 See the latest edition of best practice design standards in Association of Pedestrian and Bicycle Professionals Bicycle Parking Guidelines.
2 Long-term parking is for use over several hours or overnight, typically used by employees and residents. Short-term parking is considered visitor parking for use from several minutes to up to a couple of hours.
(B) The electric vehicle charging spaces requirements in Section 16.72.010 apply.
(C) Parking facilities may be shared at the discretion of the city’s transportation manager if multiple uses cooperatively establish and operate the facilities, if these uses generate parking demands primarily during different hours than the remaining uses, and if a sufficient number of spaces are provided to meet the maximum cumulative parking demand of the participating uses at any time. An individual development proposal may incorporate a shared parking study to account for the mixture of uses, either on site or within a reasonable distance. The shared parking supply would be subject to review and approval based on the proposed uses, specific design and site conditions. Project applicants may also be allowed to meet the minimum parking requirements through the use of nearby off-site facilities at the discretion of the transportation manager. (Ord. 1104 § 5 (Exh. A § 1), 2023; Ord. 1050 § 7, 2018: Ord. 1027 § 3 (part), 2016: Ord. 766 § 3 (part), 1988).
16.40.040 Residential design standards.
Construction of any new building incorporating residential uses, residential additions of ten thousand (10,000) square feet or more of gross floor area to any existing building, and conversion of more than fifty percent (50%) of the gross floor area of an existing nonresidential building to residential uses shall adhere to the following design standards, subject to architectural control established in Section 16.68.020. For residential additions, the applicable design standards apply only to the new construction. Design standards may be modified subject to approval of a use permit or a conditional development permit per Chapter 16.82.
(1) Building Setbacks and Projections Within Setbacks.
(A) Building projections, such as balconies and bay windows, at or above the second floor shall not project beyond a maximum of five (5) feet into the setback area.
(B) Where a property is contiguous to a single-family zoned property, no projections into the setback are permitted for balconies or decks at or above the second floor.
(C) The total area of all horizontal and vertical building projections shall not exceed thirty-five percent (35%) of the building facade area, and no one (1) projection shall exceed fifteen percent (15%) of the facade area on which the projections are located. Where such projections enclose interior living space, eighty-five percent (85%) of the vertical surface of the projection shall be windows or glazed. (See Figure 1.)
Figure 1
(2) Facade Modulation and Treatment.
(A) Building facades facing public rights-of-way or public open spaces shall not exceed fifty (50) feet in length without a minor building facade modulation. At a minimum of every thirty-five (35) feet of facade length, the minor vertical facade modulation shall be a minimum two (2) feet deep by five (5) feet wide recess or a minimum two (2) foot setback of the building plane from the primary building facade.
(B) Building facades facing public rights-of-way or public open spaces shall not exceed one hundred (100) feet in length without a major building facade modulation. At a minimum of every seventy-five (75) feet of facade length, a major vertical facade modulation shall be a minimum of six (6) feet deep by twenty (20) feet wide recess or a minimum six (6) foot setback of building plane from primary building facade for the full height of the building.
(C) In addition, the major building facade modulation shall be accompanied with a four (4) foot minimum height modulation and a major change in fenestration pattern, material and/or color.
(3) Building Profile.
(A) Starting at a height of twenty-five (25) feet, a forty-five (45) degree building profile shall be set at the minimum setback line contiguous with a public right-of-way or single-family zoned property.
(B) Horizontal building and architectural projections, like balconies, bay windows, and dormer windows, that extend beyond the forty-five (45) degree building profile shall comply with the standards for building setbacks and projection in subsection (1) of this section. (See Figure 2.)
Figure 2
(C) Vertical building projections like parapets and balcony railings shall not extend more than four (4) feet beyond the forty-five (45) degree building profile.
(D) Rooftop elements that may need to extend beyond the forty-five (45) degree building profile due to their function, such as stair and elevator towers, shall utilize materials and colors consistent with the design of the remainder of the building.
(4) Height.
(A) Vertical building projections such as parapets and balcony railings may extend up to four (4) feet beyond the maximum building height.
(B) Rooftop elements that may need to exceed the maximum building height due to their function, such as stair and elevator towers, shall not exceed fourteen (14) feet beyond the maximum building height.
(C) Towers, cupolas, spires, chimneys, and other architectural features not exceeding ten percent (10%) of the roof area may exceed the maximum building height limit by a maximum of ten (10) feet.
(5) Exterior Materials.
(A) All exterior stucco shall be completed in textures that are smooth, sanded, or fine-scraped. Heavy-figuring or rough cast stucco are not permitted.
(B) Stucco on the exterior facade shall be limited to no more than fifty percent (50%) of the entire area of an elevation, inclusive of all windows and doors.
(C) All exterior windows located in solid walls shall be inset by a minimum of two (2) inches from the face of the exterior finishes.
(D) When simulated divided light windows are included in a development, the windows shall include mullions on the exterior of the glazing and contain internal dividers (spacer bars) between the window panes.
(6) Building Design.
(A) When a building is adjacent to a public street or other public space, the building shall provide entries, access points or features oriented to the street that are visible from the public right-of-way or public space and provide visual cues to denote access into the building. For larger residential buildings with shared entries, the main entry shall be through prominent entry lobbies or central courtyards facing the street.
(B) Utilities, including meters, backflow prevention devices, etc., shall be concealed or integrated into the building design to the extent feasible, as determined by the public works director.
(C) Projects shall include dedicated, screened, and accessible space for recycling, compost, and solid waste storage and collection.
(D) Trash and storage shall be enclosed and screened from public view.
(E) Materials and colors of utility, trash, and storage enclosures shall match with the primary building.
(F) Roof-mounted equipment shall meet the requirements of Section 16.08.095.
(7) Open Space.
(A) Residential developments shall have a minimum of one hundred (100) square feet of open space per unit created as common open space or a minimum of eighty (80) square feet of open space per unit created as private open space, where private open space shall have a minimum dimension of six (6) feet by six (6) feet. In case of a mix of private and common open space, such common open space shall be provided at a ratio equal to one and one-quarter (1.25) square feet for each one (1) square foot of private open space that is not provided.
(B) Depending on the number of dwelling units, additional common open space shall be provided to meet the following criteria:
(i) Ten (10) to fifty (50) units: minimum of one (1) space, twenty (20) feet minimum dimension (four hundred (400) square feet total, minimum).
(ii) Fifty-one (51) to one hundred (100) units: minimum of one (1) space, thirty (30) feet minimum dimension (nine hundred (900) square feet total, minimum).
(iii) One hundred one (101) or more units: minimum of one (1) space, forty (40) feet minimum dimension (one thousand six hundred (1,600) square feet total, minimum).
(8) Access and Parking.
(A) Shared entrances to parking for nonresidential and residential uses shall be used where possible.
(B) Service access and loading docks shall be located on local or interior access streets and to the rear of buildings.
(C) Aboveground garages shall be screened (with perforated walls, vertical elements, landscaping or materials that provide visual interest at the pedestrian scale) or located behind buildings that are along public streets.
(D) Surface parking lots shall be buffered from adjacent buildings by a minimum six (6) feet of paved pathway and/or landscaped area.
(E) Surface parking lots shall be screened with landscaping features such as trees, planters, and vegetation.
(F) Surface parking lots shall be planted with at least one (1) tree with a minimum size of a twenty-four (24) inch box for every eight (8) parking spaces. Required plantings may be grouped where carports with solar panels are provided.
(9) Lighting.
(A) Exterior lighting fixtures shall use fixtures with low cut-off angles, appropriately positioned, to minimize glare into dwelling units and light pollution into the night sky.
(B) Lighting in parking garages shall be screened and controlled so as not to disturb surrounding properties, but shall ensure adequate public security. (Ord. 1104 § 5 (Exh. A § 1), 2023).
16.40.050 Residential green and sustainable building.
In addition to meeting all applicable regulations specified in Title 12 (Buildings and Construction), the following provisions shall apply to construction of any new building incorporating residential uses, residential additions to any existing building, and alterations of residential buildings. Implementation of these provisions may be subject to separate discretionary review and environmental review pursuant to the California Environmental Quality Act.
(1) Green Building. Any new construction, addition or alteration of a building with residential uses shall be required to comply with Table 16.40.050(1)(B).
(2) Energy.
(A) For all new construction, the project will meet one hundred percent (100%) of energy demand (electricity and natural gas) through any combination of the following measures:
(i) On-site energy generation;
(ii) Purchase of one hundred percent (100%) renewable electricity through Peninsula Clean Energy or Pacific Gas and Electric Company in an amount equal to the annual energy demand of the project;
(iii) Purchase and installation of local renewable energy generation within the city of Menlo Park in an amount equal to the annual energy demand of the project;
(iv) Purchase of certified renewable energy credits and/or certified renewable energy offsets annually in an amount equal to the annual energy demand of the project.
If a local amendment to the California Energy Code is approved by the California Energy Commission (CEC), the following provision becomes mandatory:
The project will meet one hundred percent (100%) of energy demand (electricity and natural gas) through a minimum of thirty percent (30%) of the maximum feasible on-site energy generation, as determined by an on-site renewable energy feasibility study and any combination of the measures in subsections (2)(A)(ii) to (iv) of this section. The on-site renewable energy feasibility study shall demonstrate the following cases at a minimum:
a. Maximum on-site generation potential.
b. Solar feasibility for roof and parking areas (excluding roof-mounted HVAC equipment).
c. Maximum solar generation potential solely on the roof area.
(B) Alterations and/or additions of ten thousand (10,000) square feet or larger where the building owner elects to update the core and shell through the option presented in Table 16.40.050(1)(B):
The project will meet one hundred percent (100%) of energy demand (electricity and natural gas) through any combination of measures listed in subsections (2)(A)(i) to (iv) of this section.
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|
NEW CONSTRUCTION |
ADDITIONS AND/OR ALTERATIONS |
||||
|---|---|---|---|---|---|---|
|
Green Building Requirement |
10,000 sq. ft.—25,000 sq. ft. |
25,001 sq. ft—100,000 sq. ft. |
100,001 sq. ft. and above |
1 sq. ft—9,999 sq. ft. of conditioned area, volume or size |
10,000 sq. ft—25,000 sq. ft. of conditioned area, volume or size3 |
25,001 sq. ft. and above of conditioned area, volume or size3 |
|
Green Building |
Designed to meet LEED Silver BD+C1 |
Designed to meet LEED Silver BD+C1 |
Designed to meet LEED Gold BD+C1 |
CALGreen mandatory |
Designed to meet LEED Silver ID+C1 or update core and shell of entire building to current California Energy Code2 and meet subsection (2)(B) of this section |
Designed to meet LEED Gold ID+C1 or update core and shell of entire building to current California Energy Code2 and meet subsection (2)(B) of this section |
|
Electric Vehicle (EV) Charging Spaces |
The electric vehicle charging spaces requirements in Section 16.72.010 apply. |
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|
Energy Reporting |
Enroll in EPA Energy Star Building Portfolio Manager and submit documentation of compliance as required by the city |
Enroll in EPA Energy Star Building Portfolio Manager and submit documentation of compliance as required by the city |
Enroll in EPA Energy Star Building Portfolio Manager and submit documentation of compliance as required by the city |
Enroll in EPA Energy Star Building Portfolio Manager and submit documentation of compliance as required by the city |
Enroll in EPA Energy Star Building Portfolio Manager and submit documentation of compliance as required by the city |
Enroll in EPA Energy Star Building Portfolio Manager and submit documentation of compliance as required by the city |
1 "Designed to meet LEED standards" is defined as follows: (a) applicant must submit appropriate LEED checklist and verifying cover letter from a project LEED AP with the project application and (b) applicant must complete all applicable LEED certification documents prior to approval of the final inspection for the building permit to be reviewed either for LEED certification, or for verification by a third party approved by the city for which the applicant will pay for review and/or certification.
2 Building owners may choose to have additions and/or alterations follow the LEED ID+C path or, alternatively, building owners may upgrade the entire existing building’s core and shell to the current California Energy Code standards and follow the city’s requirements listed in subsection (2)(B) of this section. If the building owner chooses to upgrade the entire building’s core and shell to current California Energy Code standards and follow the city’s requirements listed in subsection (2)(B) of this section, additions and alterations of that building will be exempt from the LEED ID+C requirement for three (3) code update cycles beginning with the upgrade cycle and ending with the two (2) cycles following the upgrade cycle. If this option is selected by the applicant, the building owner must upgrade to the Energy Code in effect at the time of the first building permit application for interior alteration and/or additions. Building permits for the core and shell upgrade must be initiated and satisfactory progress must be made on the core and shell upgrade project before occupancy for the additions and/or alterations shall be granted by the city’s building department. If the building owner fails to complete these core and shell upgrades within one (1) year of permit initiation, or receive a written letter from the community development director or his/her designee extending the deadline, the building owner shall be subject to typical permit violation penalties, including but not limited to stop work orders on any construction on the subject property, fines, and legal action.
3 If over a period of five (5) years (or sixty (60) months) the subject property makes smaller additions and/or alterations that cumulatively equal or exceed the trigger square footage listed above (i.e., ten thousand (10,000) square feet or twenty-five thousand one (25,001) square feet), the subject property shall be required to comply with the green and sustainable building requirements of this table.
(3) Water Use Efficiency and Recycled Water.
(A) Single-pass cooling systems shall be prohibited in all new buildings.
(B) All new buildings shall be built and maintained without the use of well water.
(C) Applicants for a new building more than one hundred thousand (100,000) square feet or more of gross floor area shall prepare and submit a proposed water budget and accompanying calculations following the methodology approved by the city. For all new buildings two hundred fifty thousand (250,000) square feet or more in gross floor area, the water budget shall account for the potable water demand reduction resulting from the use of an alternative water source for all city-approved nonpotable applications. The water budget and calculations shall be reviewed and approved by the city’s public works director prior to certification of occupancy. Twelve (12) months after the date of the certification of occupancy, the building owner shall submit data and information sufficient to allow the city to compare the actual water use to the allocation in the approved water budget. In the event that actual water consumption exceeds the water budget, a water conservation program, as approved by the city’s public works director, shall be implemented. Twelve (12) months after city approval of the water conservation program, the building owner shall submit data and information sufficient to allow the city to determine compliance with the conservation program. If water consumption exceeds the budgeted amount, the city’s public works director may prohibit the use of water for irrigation or enforce compliance as an infraction pursuant to Chapter 1.12 until compliance with the water budget is achieved.
(D) All new buildings shall be dual plumbed for the internal use of recycled water.
(E) All new buildings two hundred fifty thousand (250,000) square feet or more in gross floor area shall use an alternate water source for all city-approved nonpotable applications. An alternative water source may include, but is not limited to, treated nonpotable water such as graywater. An alternate water source assessment shall be submitted that describes the alternative water source and proposed nonpotable application. Approval of the alternate water source assessment, the alternative water source and its proposed uses shall be approved by the city’s public works director and community development director. If the Menlo Park Municipal Water District has not designated a recycled water purveyor and/or municipal recycled water source is not available prior to planning project approval, applicants may propose conservation measures to meet the requirements of this section subject to approval of the city council. The conservation measures shall achieve a reduction in potable water use equivalent to the projected demand of city-approved nonpotable applications, but in no case shall the reduction be less than thirty percent (30%) compared to the water budget in subsection (3)(C) of this section. The conservation measures may include on-site measures, off-site measures or a combination thereof.
(F) Potable water shall not be used for dust control on construction projects.
(G) Potable water shall not be used for decorative features, unless the water recirculates.
(4) Waste Management. Applicants shall submit a zero-waste management plan to the city, which will cover how the applicant plans to minimize waste to landfill and incineration in accordance with all applicable state and local regulations. Applicants shall show in their zero-waste plan how they will reduce, recycle and compost wastes from the demolition, construction and occupancy phases of the building. For the purposes of this chapter, "zero-waste" is defined as ninety percent (90%) overall diversion of nonhazardous materials from landfill and incineration, wherein discarded materials are reduced, reused, recycled, or composted. Zero-waste plan elements shall include the property owner’s assessment of the types of waste to be generated during demolition, construction and occupancy, and a plan to collect, sort and transport materials to uses other than landfill and incineration.
(5) Bird-Friendly Design.
(A) No more than ten percent (10%) of facade surface area shall have non-bird-friendly glazing.
(B) Bird-friendly glazing includes, but is not limited to, opaque glass, covering the outside surface of clear glass with patterns, paned glass with fenestration, frit or etching patterns, and external screens over nonreflective glass. Highly reflective glass is not permitted.
(C) Occupancy sensors or other switch control devices shall be installed on nonemergency lights and shall be programmed to shut off during nonwork hours and between ten (10) p.m. and sunrise.
(D) Placement of buildings shall avoid the potential funneling of flight paths towards a building facade.
(E) Glass skyways or walkways, freestanding (see-through) glass walls and handrails, and transparent building corners shall not be allowed.
(F) Transparent glass shall not be allowed at the rooflines of buildings, including in conjunction with roof decks, patios and green roofs.
(G) Use of rodenticides shall not be allowed.
(H) A project may receive a waiver from one (1) or more of the items listed in subsections (5)(A) to (F) of this section, subject to the submittal of a site-specific evaluation from a qualified biologist and review and approval by the planning commission. (Ord. 1104 § 5 (Exh. A § 1), 2023).