23.204.060 C-U University Commercial District

23.204.060 C-U University Commercial District.

A. District Purpose. The purpose of the C-U University Commercial district is to:

1. Implement the General Plan’s designations for Avenue Commercial areas;

2. Provide locations for a wide variety of activities along thoroughfares;

3. Encourage development in underutilized neighborhood and community shopping areas; and

4. Promote development compatible with adjacent commercial and residential areas.

5. Implement the University Avenue Strategic Plan by:

(a) Increasing public safety for residents, merchants, and customers;

(b) Revitalize the University Avenue corridor through appropriate economic development and housing;

(d) Encourage more pedestrian-oriented development and an appropriate mix of uses to improve neighborhood identity;

(e) Enhancing University Avenue as a gateway to the city, a series of neighborhoods, and the downtown;

(f) Coordinating and enhance public transit systems, pedestrian access, and bicycle circulation; and

(g) Encouraging a concentration of commercial activity at the designated nodes.

1. General. See Table 23.204-1: Allowed Uses in the Commercial Districts.

2. Alcoholic Beverage Retail Sales. Alcoholic beverage retail sales are allowed in the C-U district only in conjunction with a restaurant or general food product store.

(a) Ground Floor Residential Uses. Ground floor residential uses, including leasing and management offices and other similar resident-serving uses, require a Use Permit.

(b) University Avenue Node Area. In the University Avenue Node Area shown in Figure 23.204-1: C-U District Sub-Areas, new residential uses must be integrated with non-residential uses in a mixed-use development.

(c) Outside of Node Area. Single use residential projects are permitted outside of the University Avenue Node Area with a Use Permit.

C. Additional Permit Requirements. See Section 23.204.030--Additional Permit Requirements.

1. Basic Standards. See Table 23.204-11: C-U Development Standards and Table 23.204-12: C-U Setback Standards. For residential-only projects, see also Table 23.204-13: C-U Setback and Building Separation Standards for Residential Only Uses and Table 23.204-14: C-U Lot Coverage Standards for Residential-Only Uses. See Figure 23.204-1 for C-U district sub-area boundaries.

Table 23.204-11. C-U DEVELOPMENT STANDARDS
	PROJECT LAND USE		SUPPLEMENTAL STANDARDS
	NON-RESIDENTIAL OR MIXED USE	RESIDENTIAL ONLY	SUPPLEMENTAL STANDARDS
Lot Area, Minimum			23.304.020--Lot Requirements
New Lots	No minimum	5,000 sq. ft.
Per Group Living Accommodation Resident	350 sq. ft. [1]
Floor Area Ratio, Maximum
Avenue Mixed Use Area--North Side of University Avenue	2.2	No maximum
Avenue Mixed Use Area--South Side of University Avenue	2.5
Node Area--North Side of University Avenue	2.5
Node Area--South Side of University Avenue	3.0
Main Building Height, Minimum	30 ft. and 2 stories
Main Building Height, Maximum			23.304.050--Building Height
Avenue Mixed Use Area, All Uses	36 ft. and 3 stories [2]	N/A
Node Area, Non-Residential	40 ft. and 3 stories
Node Area, Mixed Use	48 ft. and 4 stories [2]
Residential Only	N/A	36 ft. and 3 stories
Lot Line Setbacks, Minimum	See Table 23.204-12	See Table 23.204-13	23.304.030--Setbacks
Building Separation, Minimum	No minimum	See Table 23.204-13	23.304.040--Building Separation in Residential Districts
Lot Coverage, Maximum	100%	See Table 23.204-14: C-U Lot Coverage Standards for Residential-Only Uses	23.304.120--Lot Coverage
Usable Open Space, Minimum			23.304.090--Usable Open Space
Per Dwelling Unit	200 sq. ft. [3]
Per Group Living Accommodation Resident	90 sq. ft. [3]

[1]One additional resident is allowed for remaining lot area between 200 and 350 square feet.

[2]In mixed-use buildings, the third and higher floors must be used for residential purposes.

[3]Minimum usable open space for mixed use and exclusive residential uses may be modified with a UP(PH). See 23.204.060.D.3.

Table 23.204-12. C-U SETBACK STANDARDS
LOT LINE & PROJECT CONDITIONS	REQUIRED SETBACK
Front
Ground-floor non-residential uses fronting University Avenue	Average 2 ft. 2 ft. at all sidewalk pedestrian entries
Ground-floor residential uses fronting University Avenue	Average 2 ft. Maximum 10 ft.[1]
Fronting a street other than University Avenue and confronting a non-residential district	No minimum
Rear
Lots on south side of University Avenue abutting lot a residential district	Minimum of 10 ft. or 10% of lot depth, whichever is greater, and an average of 20 ft. [2]
Lots on south side of University Avenue not abutting a residential district	No minimum
Lots on north side of University Avenue	See 23.204.060(D)(5)--C-U University Commercial District (Solar Access)
Interior Side	No minimum
Street Side	2 ft. average
All setbacks for lots on South Side of University Avenue fronting a street other than University Avenue	As required by 23.304.030.C.2--Setbacks (Lots Adjacent to Residential Districts) [3]

[1]A maximum setback of 10 feet is only permitted for landscaping that enhances the streetscape and provides privacy for residential units on the first floor.

[2]See 23.304.030(C)(2)(b) (Modifications in Commercial Districts) for allowed reductions.

[3]If a lot fronting a side street is consolidated into a single project with the adjacent University Avenue-fronting lot, the project must conform to the setback standards in this table.

Table 23.204-13. C-U SETBACK AND BUILDING SEPARATION STANDARDS FOR RESIDENTIAL ONLY USES[1]
	STANDARDS BY BUILDING STORY			SUPPLEMENTAL STANDARDS
	1^ST	2^ND	3^RD	SUPPLEMENTAL STANDARDS
Lot Line Setbacks, Minimum				23.304.030--Setbacks
Front	Average 2 ft. and 10 ft max. [2]
Rear	15 ft.	15 ft.	15 ft.
Interior	4 ft.	4 ft.	6 ft.
Street Side	6 ft.	8 ft.	10 ft.
Building Separation, Minimum	8 ft.	12 ft.	16 ft.

[1]Development standards included in this table may be modified with a UP(PH). See 23.204.060.D.3

[2]Setback area must be used to accommodate landscaping that enhances the streetscape and provides a sense of privacy for residential units on the first floor.

Table 23.204-14. C-U LOT COVERAGE STANDARDS FOR RESIDENTIAL-ONLY USES
	STANDARD BASED ON BUILDING HEIGHT			SUPPLEMENTAL STANDARDS
	1 STORY	2 STORIES	3 STORIES	SUPPLEMENTAL STANDARDS
Lot Coverage, Maximum [1]				23.304.120
Interior and Through Lots	45%	45%	40%
Corner Lots	50%	50%	45%

[1]Development standards included in this table may be modified with a UP(PH). See 23.204.060.D.3.

(a) See 23.304.030.C.2--Setbacks (Lots Adjacent to Residential Districts) for additional setback and building feature requirements for lots:

i. With a front lot line on University Avenue; and

ii. That abut or confront a residential district.

(b) If the front lot line is not on University Avenue, 23.304.030.C.2--Setbacks (Lots Adjacent to Residential Districts) does not apply.

(a) The ZAB may modify the following standards with a Use Permit:

i. Minimum usable open space for mixed use projects and exclusive residential uses in Table 23.204-11.

ii. Any standard for residential-only projects in Table 23.204-13 and Table 23.204-14.

(b) The approve the modification, the ZAB must find that the modification achieves one or more of the following:

i. Encourages use of the ground floor for commercial purposes where appropriate.

ii. Encourages utilization of public transit and existing off-street parking facilities in the area of the proposed building.

iii. Facilitates the construction of residential or tourist hotel uses where appropriate.

iv. Permits consistency with the building setbacks existing in the immediate area where a residential building setback would not serve a useful purpose.

(a) For projects on the south side of University Avenue, the ZAB may reduce the required rear setbacks in Table 23.204-12 with a Use Permit to at least six feet on the ground floor.

(b) The ZAB may allow the reduction only if the square footage added on the ground floor is used to increase the average 20-foot setback on upper stories to facilitate the privacy of abutting residentially-zoned lots.

5. Solar Access. Buildings on the north side of University Avenue may not cast a shadow at noon more than 20 feet onto any lot in a residential district as calculated when the sun is at a 29-degree angle above the horizon (winter solstice).

(a) All mixed use and non-residential projects shall provide ground floor commercial uses as shown in Table 23.204-15: C-U Ground Floor Commercial Use Standards. See Figure 23.204-1 for C-U district subarea boundaries.

Table 23.204-15. C-U GROUND FLOOR COMMERCIAL USE STANDARDS
GROUND FLOOR COMMERCIAL USE FEATURE	STANDARD BY SUB-AREA
GROUND FLOOR COMMERCIAL USE FEATURE	OUTSIDE OF NODE OVERLAY AREA	NODE OVERLAY AREA
Minimum floor to ceiling height	12 ft.	12 ft.
Minimum floor area [1]	15% 10% with Use Permit	30% 20% with Use Permit
Minimum street frontage [2]	50%	75%
Minimum area for retail sales, personal and household services, or food service [3]	No minimum	75% 50% with Use Permit
Maximum area for office use [3]	No maximum	25%

[1]Calculated as percent of project land area.

[2]Calculated as percent of project’s University Avenue frontage.

[3]Calculated as percentage of minimum required ground floor commercial floor area.

(b) Ground level commercial space shall be designed to allow for the space to be easily divided or assembled.

(a) The ZAB may allow a reduction in the minimum required floor area to no less than indicated in Table 23.204-15 with a Use Permit for projects on lots that are:

i. Less than 7,500 square feet; and

ii. Without side street access (internal lots).

(b) To approve the reduction, the ZAB must find that:

i. Parking cannot be efficiently provided at grade and project parking conflicts with the requirement for ground floor commercial space;

ii. The reduced commercial area will result in a project with an enhanced commercial configuration; and

iii. The reduced commercial area promotes pedestrian-oriented activity along University Avenue through the mix of commercial uses, and/or the commercial uses will remain open beyond standard business hours, such as into the evening and on weekends, and the uses will be visible from University Avenue frontage.

8. Ground Floor Commercial Uses--Minimum Frontage Reduction. The ZAB may allow a reduction in the minimum required frontage requirement along University Avenue as shown in Table 23.204-15 with a Use Permit upon finding that the minimum frontage requirement conflicts with:

(a) Minimum project site egress requirements;

(b) Minimum required driveway access to parking areas; or

9. Parking Areas for Residential-Only Projects. All residential-only projects shall limit ground level parking uses directly fronting on University Avenue to no more than 25 percent of the project’s University Avenue frontage. All parking garage walls adjacent to University Avenue or side streets shall be articulated through design elements or material detailing to avoid blank walls extending more than 12 feet along the University Avenue or side street frontage.

10. Open Space. Projects shall provide open space features as shown in Table 23.204-16: C-U Open Space Features to enhance project entries and the University Avenue frontage.

Table 23.204-16. C-U OPEN SPACE FEATURES
OPEN SPACE FEATURE	MINIMUM REQUIREMENT
Mixed Use and Residential-Only Projects
Minimum open space that is either:	10%
a. at street level; or b. on a parking podium directly connected to the project entries at the street level [1]	10%
Minimum open space open to sky [1]	75%
Projects with 100 feet or more of University Avenue Frontage
Minimum area of pedestrian-oriented open spaces and improvements open to the sidewalk [2]	1%
Minimum width and length of street level plaza or entry courtyard	6 ft.

[1]Calculated as percentage of minimum resident-serving open spaced required by Section 23.304.090--Usable Open Space. Open space must be accessible to building occupants.

[2]Calculated percentage of project land area.

11. Sidewalk/Curb and Gutter. Projects shall provide sidewalk, curb and gutter, and street corner bulb-out improvements as necessary to comply with the current City standards.

12. Sidewalk Amenities. Projects shall provide sidewalk amenities as necessary to comply with the current City standards. Required improvement may include:

(a) Pedestrian-scaled lighting to illuminate the sidewalk areas;

(b) New street trees and grates; and

E. Permit Findings. To approve an AUP or Use Permit for a project in the C-U district, the review authority must make the findings in Section 23.406.040 (Use Permits) and find that the proposed use or structure:

1. Is compatible with the purpose of the district;

2. Is compatible with the surrounding uses and buildings;

3. Does not interfere with the continuity of retail and service facilities at the ground level; and

4. Does not exceed the amount and intensity of use that can be served by the available traffic capacity and potential parking supply. (Ord. 7882-NS § 4, 2023; Ord. 7850-NS § 14, 2023: Ord. 7787-NS § 2 (Exh. A), 2021)