Part 5 — URBAN DEVELOPMENT UNITS AND URBAN LOT SPLITS

The purpose of this section is to regulate the development and use of urban development units, as defined in § 153.220 and urban lot splits in the R-1 zone in accordance with Cal. Gov’t Code §§ 65852.21 and 66411.7. The purpose also is to regulate the design of urban development units in a manner that preserves the low-density character of neighborhoods in the R-1 zone, promotes site planning and architectural design that add value to the property and neighborhood, and allows for creativity while establishing baseline standards. (Ord. 1503, passed 7-5-23)

The standards and limitations set forth in this section shall apply to urban development units and urban lot splits within R-1 zone, notwithstanding any other conflicting provisions of this chapter or title. In the event of a conflict between the provisions of this section and any other provision of this chapter, title, or other provisions of this code, the provisions of this section shall prevail.

(Ord. 1503, passed 7-5-23)

The provisions of this section shall be interpreted to be consistent with the provisions of Cal. Gov’t Code §§ 65852.21 and 66411.7 and shall be applied in a manner consistent with state law. Any requirement or development

standard of this code shall not apply to the extent it is prohibited by any provision of state law for urban development units and urban lot splits.

(Ord. 1503, passed 7-5-23)

(A) Application. An applicant for an urban development unit or units or an urban lot split shall submit an application on a form prepared by the city, along with all information and materials prescribed by such form. No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees.

(B) Review. Consistent with state law, the director will consider and approve or disapprove a complete application for an urban development unit or units or an urban lot split ministerially, without discretionary review or public hearing.

(C) Nonconforming conditions. An urban development unit application may only be approved if all nonconforming zoning conditions are first corrected prior to such approval. The correction of nonconforming zoning conditions is not a requirement for ministerial approval of an urban lot split.

(D) Effectiveness of approval. The ministerial approval of an urban development unit or units or an urban lot split does not take effect until the city has confirmed that all required documents have been recorded.

(E) Hold harmless. Approval of an urban development unit or units or an urban lot split shall be conditioned on the applicant agreeing to defend, indemnify, and hold harmless the city, its officers, agents, employees, and/or consultants from all claims and damages (including attorney’s fees) related to the approval and its subject matter.

(F) Specific, adverse impacts. Notwithstanding anything else in this section, the director may deny an application for an urban development unit or units or an urban lot split if the Building Official makes a written finding, based on a preponderance of the evidence, that the project would have a specific, adverse impact, as defined and determined in Cal. Gov’t Code § 65589.5.

(G) On either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

(Ord. 1503, passed 7-5-23)

(A) Proposed urban development units and urban lot splits must satisfy all the following general requirements to be considered eligible for ministerial review. The applicant shall demonstrate to the reasonable satisfaction of the Director that each of these requirements are satisfied. The applicant and each owner of the property shall provide a sworn statement, in a form approved by the director, attesting to all facts necessary to establish that each requirement is satisfied. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties, and the city may require additional evidence of the applicant and owner, as necessary, to determine compliance with this requirement.

(B) Single-family zone. The subject property shall be located within the R-1 zone.

(C) Limited zones. The proposed development shall not be located on any site identified in Cal. Gov’t Code § 65913.4(a)(6)(B) through (K), unless the development satisfies the requirements specified therein. Such sites include, but are not limited to, prime farmland, wetlands, high or very high fire hazard severity zones, special flood hazard areas, regulatory floodways, and lands identified for conservation or habitat preservation as specifically defined in Cal. Gov’t Code § 65913.4.

(D) Historic district. The proposed development shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Cal. Public Resources Code § 5020.1, or within a site that is designated or listed as a city landmark or historic property pursuant to any city ordinance.

(E) Housing demolition. The proposed development shall not require the demolition or alteration of housing that is subject to the following:

(1) A recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

• (2) Any form of rent or price control.

• (3) Has been occupied by a tenant within the last three years.

(4) Involves the demolition of more than 25% of the existing exterior structural walls of any housing unit on the lot, if any existing or previously demolished housing unit on the lot has been occupied by a tenant in the last three years.

(5) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act

(Cal. Gov’t Code § 7060 through 7060.7) at any time in the 15 years prior to submission of the two-unit project.

(F) Ownership. The subject property shall be owned solely by one or more individual property owners or entity.

(G) Existing improvements. The subject property shall not contain improvements that required issuance of a building permit at the time of construction, unless plans are submitted for approval, fees and permits are obtained for such improvements, including final inspection, prior to application for any residential development subject to this section.

(H) Urban lot split. In the case of an urban lot split, the lot proposed to be subdivided shall not have been established through a prior urban lot split, nor shall such lot be adjacent to any lot that was established through an urban lot split by the owner of the subject lot or by any person acting in concert with the owner of the subject lot. (Ord. 1503, passed 7-5-23)

A lot on which an urban development unit or units or an urban lot split is proposed must be located within the R-1 zone. A lot located within a multiple-family or mixed-use zone shall not be eligible to be developed with an urban development unit or units or subdivided through an urban lot split pursuant to this section. (Ord. 1503, passed 7-5-23)

The following development is permitted on each lot, as follows:

• (A) No lot split.

• (1) Two primary dwelling units;

(2) If the two primary dwellings are detached from each other: one junior accessory dwelling unit and one accessory dwelling unit associated with one of the two primary dwellings, up to four units on the lot; or

(3) If the two primary dwellings are attached to each other: one converted accessory dwelling unit and two detached accessory dwelling units associated with the multifamily dwelling structure, up to five units on the lot.

(B) Lot split. Up to two units are allowed on each newly created lot, consisting of at least one primary unit and either a second primary unit, an accessory dwelling unit, or junior accessory dwelling unit. (Ord. 1503, passed 7-5-23)

(A) Same lot. Primary dwelling units located on the same lot may not be owned or conveyed separately from one another. All fee interest in a lot and all dwellings must be held equally and undivided by all individual owners of the lot.

(B) Two lots. Separate conveyance of the two lots resulting from an urban lot split is permitted, subject to any applicable provisions of Ch. 152 for such conveyance.

(C) Limitation on conveyance. Condominium airspace divisions and common interest developments are not permitted for urban development units or on a lot or lots created through an urban lot split. (Ord. 1503, passed 7-5-23)

(A) Residential use only. Non-residential use of any lot containing an urban development unit or units or created through an urban lot split is prohibited. Only those uses allowed by right in the R-1 zone, as applicable, shall be permitted.

(B) Short-term rental prohibited. The rental of any dwelling unit on a lot containing an urban development unit or units or created through an urban lot split is restricted to a term of 30 consecutive days or longer duration.

(C) Deed restriction required. If a lot is fully developed with the number of dwelling units permitted pursuant to this section, the applicant or property owner shall record a deed restriction in a form approved by the City Attorney’s office stipulating that no further development on the lot is permitted.

(Ord. 1503, passed 7-5-23)

If the proposed urban development unit or units or urban lot split will result in the demolition of protected housing, as defined in Cal. Gov’t Code § 66300, the applicant shall replace each demolished protected unit and comply with all applicable requirements of Cal. Gov’t Code § 66300(d).

(Ord. 1503, passed 7-5-23)

(A) Development standards. An urban development unit or units and the development of a lot created through an urban lot split shall be subject to the development standards set forth in the table below.

TABLE 153.040.300

(B) Exceptions to required setbacks. The required setbacks in the table above do not apply, or shall be modified, under the following circumstances:

• (1) Any street adjacent setback shall be measured from the ultimate right-of-way line.

• (2) The projection into a required setback shall be subject to the provisions of § 153.130.030.

(C) Exceptions to required number of parking spaces. The required number of parking spaces in the table above do not apply under the following circumstances:

(1) The lot is located within one-half mile walking distance of either a high-quality transit corridor, as defined in

Cal. Public Resources Code § 21155(b), or a major transit stop, as defined in Cal. Public Resources Code § 21064.3.

• (2) There is a car share vehicle located within one block of the lot.

(D) Other applicable regulations. In addition to the requirements contained in this section, regulations and standards for development within the R-1 zone contained in other sections of this chapter may be applied to a qualifying two-unit residential development and the development of a lot created through an urban lot split, unless specifically modified in this section, or unless it would preclude any new primary dwelling unit from being at least 800 square feet in floor area.

(E) Priority to consideration of other exceptions to standards. Any required standard that would have the effect of physically precluding the construction of up to two primary residential units on a lot or that would physically preclude each new unit from being at least 800 square feet in floor area shall be modified or waived to the extent necessary, as determined by the Community Development Director or designee, to allow the development of two primary

residential units on a lot. In order to waive or modify certain standards, the city has established the following priorities and procedures for allowances for exceptions and has established the following limits to the development standards as indicated.

(1) The following development standards, in descending order of priority, with the first development standard listed having the highest priority, shall be applied to exceptions:

• (a) Lot coverage up to 60%;

• (b) Dwelling unit front setback, exclusive of garage front, up to within 10 feet of the front property line; the garage front shall be set back at least 20 feet in all circumstances;

• (c) For lots less than 2,000 square feet in size, dwelling unit height up to 22 feet;

• (d) Building separation to the minimum separation required by the Building Code;

• (e) Private open space area of 15% of lot area.

(2) In applying any exception, an urban development unit or units or urban lot split shall be designed such that a development standard given a lower priority is modified or waived before a development standard given a higher priority. If each lot can accommodate two 800-square-foot primary dwelling units by modifying or waiving a development standard with a lower priority, then an application that proposes a design requiring the modification or waiver of a development standard with a higher priority will be denied.

(3) Allowing an exception shall not be interpreted to permit the construction of new garages or accessory

structures, or the maintenance of existing accessory structures not providing required parking, where the development or maintenance of two 800-square-foot dwelling units on the lot would not be physically precluded in the absence of such proposed or existing structures.

(4) As part of the application for an exception, the applicant shall provide a written explanation that specifically lists every development standard the applicant seeks to modify and waive, describes why waiver or modification of each development standard is needed to prevent physically precluding the construction of up to two primary residential units on the lot and/or each new unit from being at least 800 square feet in floor area, and demonstrates that the requested modifications and/or waivers are consistent with the prioritization hierarchy.

(F) Nonconforming conditions. A two-unit project may be approved without requiring a legal nonconforming zoning condition to be corrected.

• (G) Utilities.

(1) All dwelling units shall be connected to public water utilities and to either public sewer or an onsite wastewater treatment system.

(2) Each primary dwelling unit must have its own direct utility connection to the utility service provider. (Ord. 1503, passed 7-5-23)

An urban development unit project that creates two new dwelling units and the development of a lot created through an urban lot split for which two new dwelling units are proposed shall be subject to the following objective design standards.

(A) Site design.

• (1) The unit located closest to the street shall have the front door oriented toward the street. On a corner lot, both units may be oriented toward the same street.

(2) On lots 50 feet or less in width, a common driveway shall be used to access both units. For urban lot splits, reciprocal access via the driveway shall be required and recorded via a deed for both properties. No parking shall be permitted on such common driveways.

(3) For any unit oriented toward an adjacent street, a pedestrian walkway separate from the driveway shall be provided to the primary entry. Such entries may also provide connection to any accessory dwelling unit, junior accessory dwelling unit, or other infill development unit located on the site.

(4) Driveway approaches (curb cuts) shall be permitted only to provide access to approved garages, carports, and parking spaces.

(5) All driveways that lead to a front-facing garage shall have a minimum five foot wide landscaped area between the driveway and the adjacent side property line. For lots less than 50 feet in width, the required landscaped area shall be a minimum of 10% of the lot width or three feet, whichever is greater.

(6) All garage faces shall be set back a minimum distance of 20 feet from the front lot line or, on a corner lot, from the side lot line.

• (7) A detached garage or carport is permitted to have access to an abutting alley if:

• (a) The garage or carport entrance is set back a minimum of four feet from the rear property line;

• (b) A 45 degree visibility triangle is provided on either side of the garage or carport; and

• (c) The garage door does not cross the property line when opened or closed.

• (B) Building design. In addition to the architectural standards set forth in § 153.130.050, the following shall apply.

• (1) Massing and articulation. The purposes of regulating building massing and articulation are to ensure a

building fits well on a site, respects the scale of the neighborhood, and avoids bulky appearance. The following shall apply.

(a) Street-facing facades on every floor shall not run in a continuous plane of more than ten feet without one of the following treatments included on the façade at every building story:

1. Window;

2. Entry door (ground floor only);

3. Change in plane (recess or projection) of at least one (1) foot in depth;

4. Change in material;

5. Shutters.

• (b) Side and rear facades shall not run in a continuous plane of more than 15 feet without one of the following:

1. Window;

2. Change in plane (recess or projection) of at least one foot in depth;

3. Change in material;

4. Shutters .

(2) Architectural style.

(a) For the purpose of defining architectural styles as set forth in this section, the reference guide shall be the most currently published version of A Field Guide to American Houses: The Definitive Guide to Identifying and Understanding America’s Domestic Architecture by Virginia Savage McAlester, or American House Styles: A Concise

Guide by John Milnes Baker, AIA. The Community Development Director or designee may identify an alternative source or sources, provided such source is made publicly available.

(b) Using the building design reference document identified above, projects shall identify an architectural design style and include at least five features in their design consistent with the description of the selected style:

1. Roof type and characteristic pitch (required);

2. Roof rake, eave overhang, and cornice detail;

3. Wall façade symmetry or asymmetry and detail;

4. Wall material and arrangement relative to roof;

5. Window type, relative proportion, shape, and detail;

6. Door type, relative proportion, shape, and detail;

7. Porch type, relative proportion, shape, and detail.

• (c) Both primary units on a lot or in the circumstance of an urban lot split, each newly created lot, shall be designed and constructed in the same architectural style.

(d) Every façade of each primary unit shall have architectural detailing as directed by the provisions of this division.

(3) Entries. The primary entry to each unit shall be defined by a porch, stoop, or recessed area consistent with the selected architectural style of the unit. Columns used to frame the entry shall not extend more than above 12 feet from the ground floor. Recessed areas shall have a minimum depth of three feet for up to 30 square feet.

• (4) Garage doors.

(a) Blank, flat garage doors shall not be allowed. Garage doors shall match the selected architectural style of the structure.

• (b) Garage doors visible from a street shall be recessed at least three feet from the garage wall.

• (5) Garage frontage.

(a) Where a garage is located on the front half of the lot and the garage door faces a street and the lot width is 50 feet or less in width, the garage frontage including the door width shall not exceed 50% of the width of the front façade of the building. For lots wider than 50 feet, the garage façade including the door shall not exceed 40% of the front façade of the building.

(b) Side-loaded garages may be used to diminish the impact of garages along the street frontage. The use of at least two of the following design elements shall be used on the street-facing side of the garage:

1. Landscaping with a mature height of at least 24 inches.

2. Raised planters with a minimum height of 12 inches and landscaping with a mature height of at least 12 inches.

3. Windows.

4. Decorative trellis.

5. Change in materials consistent with exterior materials of proposed unit.

• (6) Roof treatments.

(a) Rooflines greater than 30 linear feet along a street-facing property line shall be vertically articulated with at least one of the following techniques.

1. A change in height of a minimum of four feet;

2. A change in roof form;

3. Dormers with a minimum length of eight feet of façade, and a consistent roof form.

• (b) Rooflines greater than 50 linear feet along a side or rear property line shall be vertically articulated with at least one of the following techniques.

1. A change in height of a minimum of four feet;

2. A change in roof form;

3. Dormers with a minimum length of eight feet of façade, and a consistent roof form.

• (7) Windows.

(a) Window trim or recess. Trim at least one inch in depth must be provided around all windows, or the window must be recessed at least two inches from the plane of the surrounding exterior wall. For double-hung and horizontal sliding windows, at least one sash shall achieve a two inch recess.

• (b) Raw or clear anodized aluminum window frames are prohibited.

(8) Materials and colors. At least three materials or colors shall be used consistently on all building façades for both primary units and shall be appropriate to the selected architectural style of the building style referenced above in division(B)(2). Roof and glazing material or color are excluded and do not count towards this requirement. The following building elements with materials and colors count towards this requirement:

• (a) Main building;

• (b) Wainscoting;

• (c) Trim work;

• (d) Exterior doors;

• (e) Garage doors;

(f) Decorative elements, including trellis, iron work, planter boxes, etc. with a minimum of ten square feet in surface area.

(9) Vents, gutters, and downspouts. All vents, gutters and downspouts, louvers, and exposed flashing shall be concealed within the wall or roof construction or if exterior, shall consist of materials and a style characteristic of the selected architectural design style referenced above in division(B)(2). Plastic material shall be prohibited.

• (C) Site details.

• (1) Lighting. All lighting shall comply with § 153.140.040.

• (2) Fences and walls. Fences and walls shall comply with the standards for the R-1 zone in § 153.130.060.

• (3) Utilities. Ground-level utilities and mechanical equipment directly serving either or both primary units shall not be located within any front yard area.

• (Ord. 1503, passed 7-5-23)

(A) Prior to approval of a parcel map for an urban lot split and/or the issuance of a building permit for the development of an urban development unit or units, the owner of record of the property shall provide the Director a copy of a covenant agreement, declaration of restrictions, or similar deed restriction recorded against the property, which is in a form acceptable to the Director, that includes the following.

(B) No short-term rental. Expressly requires the rental of any dwelling unit on the property be for a term longer than 30 consecutive days.

• (C) Residential use only. Expressly prohibits any non-residential use of the lot.

• (D) No separate conveyance. Expressly prohibits primary dwelling units located on the same lot from being owned or conveyed separately from one another.

• (E) Equal ownership. Expressly requires all fee interest in each lot and all dwellings to be held equally and undivided by all individual owners of the lot.

(F) No further subdivision of ownership. Expressly prohibits condominium airspace divisions and common interest developments on the property.

(G) Conformance with city requirements. States that the property was formed and/or developed pursuant to the provisions of this section and is therefore subject to the city regulations set forth in this section, including all

applicable limits on dwelling size and development.

(H) Limits number of units. Expressly prohibits more than two dwelling units of any kind from being constructed or maintained on a lot that results from an urban lot split.

• (I) Benefit and enforcement by city. States all of the following:

• (1) That the deed restriction is for the benefit of and is enforceable by the city.

(2) That the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns.

(3) That lack of compliance with the deed restriction shall be good cause for legal action against the owner of the property.

(4) That, if the city is required to bring legal action to enforce the deed restriction, then the city shall be entitled to its attorney’s fees and court costs.

(5) That the deed restriction may not be modified or terminated without the prior written consent of the city.

(Ord. 1503, passed 7-5-23)

Development of lots pursuant to this section shall be subject to all applicable fees, including development impact fees and assessments duly adopted by the city.

(Ord. 1503, passed 7-5-23)

The approval of an urban development unit or units or urban lot split, where the parcel map has not been recorded, shall become null and void if construction is not commenced within 12 months of the approval, except in the case of an urban lot split, within one year of the recordation of the parcel map, 24 months. The Community Development Director or designee may extend or renew such approval for construction commencement one additional year. In the event construction has commenced, but not diligently advanced or completed, the rights granted pursuant to the approval shall expire upon expiration of the building permits.

(Ord. 1503, passed 7-5-23)

(A) Conformance with subdivision regulations. An urban lot split must conform to all applicable objective requirements of the Subdivision Map Act, including implementing requirements of this section and Ch. 152. However, no dedication of rights-of-way or construction of offsite improvements is required solely for an urban lot split.

(B) Lot size. The parcel map for an urban lot split is limited to subdividing an existing lot to create no more than two new lots of approximately equal area, where at least one newly created lot is at least 40% or more of the lot area of the original lot, with a minimum size of 1,200 square feet. The lot to be split must have an area of at least 2,400 square feet.

(C) Easements. Easements within a parcel map for an urban lot split shall comply with the following: (1) The owner shall enter into an easement agreement with each utility/public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.

(2) Each easement shall be shown on the tentative parcel map and the final parcel map.

(3) Copies of the unrecorded easement agreements shall be submitted with the application. The easement agreements shall be recorded against the property before the final parcel map may be approved.

(D) Lot access. Access for each lot within a parcel map for an urban lot split shall have a minimum frontage to the adjacent public street as follows:

(1) Lot that is 50 feet or less in width: nine feet.

• (2) Lot that is more than 50 feet in width: 12 feet.

(E) Improvements required. Each resulting lot must be developed in accordance with improvement plans processed concurrently with the parcel map application and approved by the city, showing the location and dimensions of all structures, driveways, parking areas, pedestrian pathways, and other improvements proposed to be constructed or to remain on each lot. Approval of a parcel map for an urban lot split shall be subject to the city’s approval of such related improvement plans and all related approvals required by law.

(F) Required affidavit. The applicant for a parcel map for an urban lot split must include a signed affidavit on forms provided by the city stating that the owner of the original lot intends to occupy one of the dwelling units on one of the resulting lots as principal residence for a minimum of three years after the final parcel map for the urban lot split is recorded.

(Ord. 1503, passed 7-5-23)

153.050 COMMERCIAL AND INDUSTRIAL ZONES

Five commercial and industrial zones are established to meet the commerce and service needs of the resident and business communities while ensuring compatibility with adjacent land uses. The zones are designed to accommodate different types and intensities of commercial and industrial development.

(A) Neighborhood Commercial Zone (C-1). The C-1 zone provides areas for the development and protection of neighborhood-scale, low-intensity retail and service commercial uses that provide conveniences to neighborhood residents.

(B) General Commercial Zone (C-2). The C-2 zone provides areas for the development of a broad range of retail, service and entertainment designed to meet the shopping and service needs of the local residential and business communities.

(C) Freeway Commercial Zone (F-C). The F-C zone provides areas for the development of freeway-oriented, regional-serving retail and office complexes and complementary regional commercial centers.

(D) Industrial-Commercial Zone (I-C). The I-C zone provides areas for the development of industrial parks, office complexes and light manufacturing businesses.

(E) Industrial Zone (I). The I zone provides areas for the development of industries engaged in general assembly, manufacturing and processing, and support commercial uses.

(Ord. 1346, passed 5-2-12)

(A) Permitted uses. Table 153.050.020 identifies the permitted uses within all commercial and industrial zones.

(B) Conditional uses. Certain uses may be subject to special conditions regarding the location, operation, design or special permitting requirements of the use. References to these provisions are made in Table 153.050.020.

(C) Prohibited uses. If a use is not specifically listed in Table 153.050.020, that use is prohibited. However, the Zoning Administrator shall have the authority to determine whether the proposed use shall be permitted based on the finding that the use is similar to and no more detrimental than a particular use permitted in the zone.

(D) New merchandise. Any use that involves the sale of merchandise, retail or wholesale shall limit these sales to only new merchandise. This shall not apply to antique shops, secondhand stores, used automotive sales and other uses approved by the Director of Community Development.

TABLE 153.050.020

(Ord. 1346, passed 5-2-12; Am. Ord. 1385, passed 6-20-16; Am. Ord. 1401, passed 8-16-17; Am. Ord. 1517, passed 4- 16-25)

Table 153.050.030 identifies the development standards applicable to all development in commercial and industrial zones. Certain development standards may be subject to special conditions. References to these provisions are provided here or are referenced Table 153.050.030. See also Figure 153.050.030-1 for illustration of specific standards.

(A) Shared property lines with a lot zoned for residential use.

(1) Wherever a commercially or industrially zoned reversed corner lot shares a rear property line with an exclusively residential or a mixed use zoned lot, a minimum 15-foot wide street side yard area shall be maintained.

(2) Wherever a commercially or industrially zoned lot shares a property line with an exclusively residential or a mixed use zoned lot, any exterior new structure, or addition to an existing structure, that exceeds one story in height and that faces any rear or side lot line shall be set back twice the required setback.

(3) Whenever a commercially or industrially zoned lot shares a side or rear property line with an exclusively residential or a mixed use zoned lot, a six-foot tall solid masonry wall shall be provided, along or adjacent to all such side and rear lot lines pursuant to § 153.160.050. The wall shall conform to the height regulations applicable to front yard areas of the residentially zoned lot having the common lot line. A landscape buffer shall also be provided along the shared lot lines.

(B) Driveway abutting a building wall facing side or rear yard. Wherever a permitted driveway abuts a wall of a building facing a side or rear yard area, that portion of the wall shall be located at least 20 feet from the lot line. Table 153.050.030

Figure 153.050.030-1 - Development Standards for Commercial and Industrial Zones

(Ord. 1346, passed 5-2-12)

(A) Game machines. Game machines shall be permitted as an accessory use, provided that all of the following standards are complied with:

(1) No more than three game machines shall be permitted at any one business, provided all other applicable licenses and permits required by this code are obtained.

(2) Any establishment with a game machine shall prohibit persons 17 years of age and under from using any game machine between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday. This restriction shall not apply during school holidays and school vacations recognized by public schools within the city.

(3) A game machine shall not be located within 500 feet of a child care facility or an educational institution which conducts classes for kindergarten through 12th grades.

(B) Vending machines. Regular vending machines shall be permitted as an accessory use, provided that the maximum number of such vending machines permitted on any lot shall be limited as follows.

(1) Lots with a lot width of 50 feet or less, one regular vending machine.

• (2) Lots with a lot width of 150 feet or less, two regular vending machines.

(3) Lots with a lot width of 150 feet or more, three regular vending machines.

(C) Reverse vending machines. Reverse vending machines shall be permitted as an accessory use, provided that all of the following standards are complied with and a zoning clearance has been obtained pursuant to subchapter

153.210, Administrative Procedures:

• (1) Each reverse vending machine must be capable of dispensing cash for aluminum and non-aluminum metals, glass and plastic;

• (2) Each reverse vending machine shall be located adjacent to a building wall and within 20 feet from the main entrance to a supermarket;

(3) The size and bulk of each reverse machine shall not exceed 50 square feet and the height shall not exceed eight feet;

• (4) The location of each reverse vending machine shall not obstruct pedestrian or vehicular circulation;

• (5) Each reverse vending machine shall be constructed with durable waterproof and rustproof materials;

• (6) Each reverse vending machine shall be illuminated to ensure comfortable and safe operation;

• (7) Each reverse vending machine shall be available and in operation during the operating hours of the supermarket;

(8) Signage on a reverse vending machine shall not exceed a total background sign face area of four square feet, exclusive of operating instructions;

(9) Each reverse vending machine shall clearly identify the type of materials that may be deposited, operating instructions and the identity and phone number of the owner or a person to call if the machine is inoperative;

(10) Each reverse vending machine shall be maintained in a clean and litter-free condition on a daily basis; and

(11) The color of the reverse vending machine shall be in harmony with the surrounding buildings and development.

(Ord. 1346, passed 5-2-12)

(A) Outdoor storage of materials. Outdoor storage of materials shall be limited to the accessory storage of goods sold or utilized by the principal use of the lot where permitted by Table 153.050.020. All materials shall be entirely screened from view from public rights-of-way by a six-foot tall solid fence or masonry wall.

(B) Outdoor storage areas. Any areas developed and/or used for outdoor storage and use shall comply with the most current National Pollutant Discharge Elimination System (NPDES) Permits implementation of Best Management Practices (BMP) and maintenance of those BMPs.

(C) Uses restricted to indoors. No manufacturing or assembly operations shall be performed outside of an enclosed building. With the exception of the following uses or businesses, all activities shall be conducted within a completely enclosed building:

• (1) Service stations;

• (2) Outdoor dining and food service in conjunction with a cafeteria, café, restaurant or similar establishment; and

• (3) Other uses as approved by the Zoning Administrator through the Zoning Code interpretation process pursuant to subchapter 153.210, Administrative Procedures.

(D) Outdoor sale and display screening. With the exception of the following uses or businesses, all other outdoor

sale and display areas shall be entirely screened from view from public rights-of-way with a six-foot tall solid fence or masonry wall:

• (1) Motor vehicles, trailers or boat sales;

• (2) Pool and spa sales;

• (3) Nursery plants and flower sales;

• (4) Newspaper stalls; and

• (5) Other sales and display areas as approved through a conditional use permit or similar discretionary permit.

(E) Outdoor sale and display location. No outdoor sale or display area shall occupy any required parking spaces or required yard areas.

(Ord. 1346, passed 5-2-12)

In addition to the requirements contained in this chapter regulations contained in the following subchapters of this chapter may apply to development in the commercial and industrial zones:

• 153.090 Sierra Vista Zone

• 153.110 Specific Plan Zone

• 153.120 Standards for Specific Land Uses and Activities

• 153.130 Site Planning and General Development Standards

• 153.140 Performance Standards

• 153.150 Off-Street Parking and Loading

• 153.160 Landscaping Standards

• 153.170 Sign Regulations

• 153.180 Antennas and Other Telecommunication Facilities

• 153.200 Nonconforming Lots, Structures and Uses

• 153.210 Administrative Procedures

• (Ord. 1346, passed 5-2-12)

153.060 OPEN SPACE ZONE

The Open Space Zone is established to maintain open space areas in the city for recreational opportunities and to prevent incompatible development in areas that should be preserved or regulated for scenic, recreational, conservation, aesthetic or health and safety purposes.

(Ord. 1346, passed 5-2-12)

• (A) Permitted uses. The following uses are permitted within the Open Space Zone:

• (1) Public school buildings and associated facilities;

• (2) Public recreational uses;

• (3) Public utility rights-of-way;

• (4) Flood control channels and similar flood control structures; and

• (5) Creeks, rivers, spreading grounds and other similar water courses.

• (B) Conditional uses. The following uses may be permitted within the Open Space Zone upon issuance of a

conditional use permit obtained pursuant to subchapter 153.210, Administrative Procedures:

• (1) Agricultural and horticultural cultivation;

• (2) Private recreational uses; and

• (3) Off-street parking in conjunction with an adjacent commercial or industrial use.

• (Ord. 1346, passed 5-2-12)

In addition to the requirements contained in this subchapter, regulations contained in the following subchapters of this chapter may apply to this zone:

153.130 Site Planning and General Development Standards

153.140 Performance Standards

153.150 Off-street Parking and Loading

153.160 Landscaping Standards

153.170 Sign Regulations

153.180 Antennas and Other Telecommunication Facilities

153.200 Nonconforming Lots, Structures and Uses

153.210 Administrative Procedures

(Ord. 1346, passed 5-2-12)

153.070 MIXED-USE ZONES

Two mixed-use zones are established to provide development opportunities for integrated, complementary residential and commercial development on the same parcel or a contiguous group of parcels. For the purpose of this Zoning Code, mixed-use developments shall comply with nonresidential standards when no mixed use standards exist. (A) Mixed-Use Zone 1 (MU-1). The MU-1 Zone is established to create opportunities for development that integrates commercial and residential uses within a large district, with an emphasis on retail, service, professional office, entertainment and restaurant business oriented toward street frontages and serving as the primary use, and medium- and high-density residential uses built to complement such uses. The MU-1 Zone is intended to create districts that support complementary uses and activities, particularly in the city’s downtown, and to promote development and uses which are functionally integrated by location and types of structures, the efficient use of land, optimal site planning and various public and private realm design elements.

(B) Mixed-Use Zone 2 (MU-2). The MU-2 Zone is established to create opportunities for mixed-use developments that emphasize medium- and high-density residential uses, with limited commercial, institutional, office and service uses. Such projects consist of building approaches which respect the scale and design to the local street environment and adjacent residential neighborhoods. Commercial uses are oriented toward meeting more local neighborhood needs.

(Ord. 1346, passed 5-2-12)

(A) Permitted uses. Table 153.070.020 identifies the permitted uses in the MU-1 and MU-2 Zones.

(B) Conditional uses. Certain uses may be subject to special conditions regarding the location, operation or design of the use. References to these provisions are made in Table 153.070.020.

(C) Prohibited uses. If a use is not specifically listed in Table 153.070.020, that use is prohibited. However, the Zoning Administrator shall have the authority to determine whether the proposed use is permitted based on the finding that the use is similar to and no more detrimental than a particular use permitted in the zone.

(D) Mixed uses. Permitted uses identified in Table 153.070.020 may be established on a single site as an integrated project, subject to the provisions of subchapter 153.120 related to Mixed Use Development. Stand-alone commercial uses are permitted in Mixed Use Zones. In mixed use zones, all new development is required to include a commercial component.

TABLE 153.070.020

Permitted and Conditionally Permitted Uses

P Permitted use

(E) Limitations on use. The nonresidential component of a mixed-use project shall be a use allowed within the applicable mixed-use zone, subject to the following additional limitations.

(1) In the MU-1 and MU-2 Zones, no more than 50% of the ground floor shall be developed with and dedicated to residential uses.

(2) The following uses and activities shall not be permitted within any mixed-use development:.

(a) Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, or any similar use.

(b) Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use.

(c) Manufacturing or industrial activities, including but not limited to welding, machining, or any open flame work.

(d) Any other activity or use, as determined by the responsible review authority to not be compatible with residential activities and/or to have the possibility of affecting the health or safety of live/work unit residents due to the potential for the use to create dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products, or wastes.

(3) After approval, a mixed-use building shall not be converted to entirely residential use.

(Ord. 1346, passed 5-2-12; Am. Ord. 1464, passed 11-17-21)

(A) General. Table 153.070.030 identifies the development standards applicable to all development in the mixeduse zones. Certain development standards may be subject to special conditions. These standards are provided here or where otherwise referenced.

TABLE 153.070.030

(B) Pedestrian access. Pedestrian access from the public right-of-way shall be incorporated into all development within the MU-1 and MU-2 Zones. The design of new projects shall promote walkability and connectivity to include design and orientation standards such as:

(1) A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas and pedestrian amenities.

(2) Lighting shall be incorporated along sidewalks or other pedestrian walkways to enhance the pedestrian environment and provide for public safety. Lighting shall be low mounted and downward casting in a manner that reduces light trespass onto adjacent properties.

(3) Connections between on-site walkways and the public sidewalk shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage. Such walkway shall be the shortest practical distance between the primary entry and sidewalk, generally no more than 125% of the straight line distance.

(C) Parking.

(1) Surface parking shall be located on the interior side or rear of the site to the greatest extent practicable. Surface parking between the sidewalk and buildings shall be prohibited.

(2) Any parking structure with at least one floor of parking at grade or above, and which contains primary

property frontage along a primary street, shall incorporate wrapped residential uses or retail businesses with shopping windows viewable from the sidewalk along the ground floor, or two or more of the following features:

(a) Display or shopping windows;

(b) Landscape material (e.g., foundation plantings, vertical trellis with vines, planter boxes with cascading landscape material) that results in the parking structure being adequately screened from adjoining parcels;

(c) Architectural detailing and articulation that provides texture on the façade or structure openings and effectively integrates the parking structure into the basic building design; and/or

• (d) Artwork such as sculptures, murals, and mosaics.

(D) Building orientation and entrances. Street-facing primary entrances for nonresidential uses shall be unlocked and accessible to the public during business hours. Residential and nonresidential entries shall be clearly defined features of front façades, and of a scale that is in proportion to the size of the building and number of units being accessed. Larger buildings shall have a more prominent building entrance, while maintaining a pedestrian scale.

(E) Building transparency/windows and openings facing streets. Placement and orientation of doorways, windows, and landscape elements shall create strong, direct relationships with the street. Street-facing façades of all buildings shall incorporate windows and openings providing light to adjacent spaces, rooms, and uses.

(1) Commercial ground-floor uses. Windows and openings facing streets shall constitute a minimum of 50% of street-facing building faces. Windows shall provide a clear and transparent view into ground floor-uses or shall display merchandise to reinforce a pedestrian scale.

(2) Commercial upper-floor uses. Windows and openings facing streets shall constitute a minimum of 40% of street-facing building faces.

(3) Residential ground-floor uses. Windows and openings facing streets shall constitute a minimum of 30% of street-facing building faces.

(4) Residential upper-floor uses. Windows and openings facing streets shall constitute a minimum of 20% of street-facing building faces.

• (H) Shared property lines with a residentially zoned lot.

(1) Wherever a mixed-use zoned reversed corner lot shares a rear property line with a residentially zoned lot and nonresidential uses are located within 15 feet of that rear property line, a minimum 15-foot wide street side yard area shall be maintained.

(2) Whenever a mixed-use zoned lot shares a side or rear property line with a residentially zoned lot, and nonresidential uses are located within 15 feet of that side or rear property line, a six-foot tall solid masonry wall shall be provided, along or adjacent to all such side and rear lot lines pursuant to § 153.160.050. The wall shall conform to the height regulations applicable to front yard areas of the residentially zoned lot having the common lot line. A landscape buffer shall also be provided along the shared lot lines.

(I) Driveway abutting a building wall facing side or rear yard. Wherever a permitted driveway abuts a wall of a building facing a side or rear yard area, that portion of the wall shall be located at least 20 feet from the lot line.

(J) Entrances. When nonresidential and residential uses are located in the same building, separate pedestrian entrances shall be provided for each use. The entrances for nonresidential uses shall be designed to be visually distinct from the entrances for residential uses.

(Ord. 1346, passed 5-2-12)

This section provides additional development standards for mixed-use developments. The primary intent of these standards and criteria is to balance the needs of nonresidential uses for access, visibility, parking, loading, safety, and economic development with the needs of residential uses for privacy, security, and relative quiet.

(A) Loading and unloading activities of mixed-use developments. Where applicable, the covenants, conditions, and restrictions of a mixed-use development shall indicate the times when the loading and unloading of goods may occur

on the street, provided that, in no event, shall loading or unloading take place after 10:00 p.m. or before 7:00 a.m. on any day of the week.

(B) Lighting standards for mixed-use developments. Lighting for nonresidential uses shall be appropriately designed, located, and shielded to ensure that they do not negatively impact the residential uses in the development nor any adjacent residential uses.

(C) Recycling and refuse storage facilities standards for mixed-use developments. Recycling and refuse storage facilities for nonresidential uses shall be located as far as possible from residential units and shall be completely screened from view from the residential portion of the development. Recycling and refuse storage facilities for nonresidential uses shall be compatible in architectural design and details with the overall project. The location and design of trash enclosures shall mitigate nuisances from odors when residential uses might be impacted. Trash areas for food service and sales uses, when occupying the same building as residential uses, shall be refrigerated to control odor.

(D) Integration and standards for nonresidential uses in vertical mixed-use buildings.

(1) Nonresidential uses shall be located along street frontages and shall have a minimum depth of 18 feet. The responsible review authority may reduce the depth requirements for nonresidential uses located on a secondary street. (2) On corner parcels, the nonresidential space shall turn (wrap around) the corner for a distance of at least 50% of the building façade, but not less than 30 feet along secondary/side streets. The termination of use shall occur at an architectural break in the building.

(E) Residential noise notice. Residents of new mixed-use development projects in the Mixed Use Zones (MU-1 or MU-2), whether owners or tenants, shall be notified in writing before taking up residence that they will be living in an urban-type environment and that the noise levels may be higher than a strictly residential area. The covenants, conditions, and restrictions of a residential or mixed-use project shall require that prospective residents acknowledge the receipt of the written noise notification. Signatures shall confirm receipt and understanding of this information. (Ord. 1346, passed 5-2-12)

Maintaining open space areas provides recreational opportunities, allows sunlight to enter into living spaces and provides a spacious and inviting feel. The minimum required open space areas for residential uses, as listed in Table 153.070.030, shall be maintained pursuant to these regulations.

(A) Residential open space. The following regulations apply to required residential open space areas within all mixed-use zoned lots.

(1) More than one open space area may be provided on a lot. The sum of square footages for all eligible open space areas on a lot shall comprise the total open space area for that lot.

(2) Required side or rear yard areas may be included in the calculated open space area but a required front yard area may not.

(3) All required open space shall be usable. Usable open space shall be improved to support residents’ passive or active use. Such open space shall be located on the same parcel as the dwelling units for which it is required. The computation of such open space shall include no obstructions other than devices and structures designed to enhance its usability, such as swimming pools, changing facilities, fountains, planters, benches, and landscaping.

(4) Open space areas shall have no parking, driveway or right-of-way encroachments.

(5) Usable open space does not need to be located on the ground. Rooftop gardens and rooftop landscaping, including rooftops above parking structures, may be used to satisfy the open space requirement.

(B) Private open space orientation. Private open space(s) attached to residential units shall be designed to avoid direct visibility into the interiors of adjacent units.

(C) Uses restricted to indoor. Unless otherwise indicated in this subchapter 153.070, all uses listed in table 153.070.020 must be conducted wholly within an enclosed building. The following uses or businesses are exceptions to this rule:

• (1) Outdoor dining and food service in conjunction with a cafeteria, café, restaurant or similar establishment;

• (2) Newspaper stalls;

• (3) Other sales and display areas as approved through a conditional use permit or similar discretionary permit; and

(4) Other uses as approved by the Zoning Administrator through the Zoning Code interpretation process pursuant to subchapter 153.210, Administrative Procedures.

(D) Outdoor storage of materials. Outdoor storage of materials shall be limited to the accessory storage of goods sold or utilized by the principal use of the lot where permitted by Table 153.070.020. All materials shall be entirely screened from view from public rights-of-way by a six-foot tall solid fence or masonry wall.

(E) Outdoor storage areas. Any areas developed and/or used for outdoor storage and use shall comply with the most current National Pollutant Discharge Elimination System (NPDES) Permits Implementation of Best Management Practices (BMP) and maintenance of those BMPs.

(F) Outdoor sale and display location. No outdoor sale or display area shall occupy any required parking spaces or required yard areas.

(Ord. 1346, passed 5-2-12)

In addition to the requirements contained in this subchapter, Mixed-Use Zones, regulations contained in the

following subchapters of this chapter may apply to development in these zones:

• 153.110 Specific Plan Zone

• 153.120 Standards for Specific Land Uses and Activities

• 153.130 Site Planning and General Development Standards

• 153.140 Performance Standards

• 153.150 Off-Street Parking and Loading

• 153.160 Landscaping Standards

• 153.170 Sign Regulations

• 153.180 Antennas and Other Telecommunication Facilities

• 153.200 Nonconforming Lots, Structures and Uses

• 153.210 Administrative Procedures

• (Ord. 1346, passed 5-2-12)

153.080 HISTORIC OVERLAY ZONE

The Historic Overlay Zone is established to recognize, protect and ensure proper utilization of historic resources in the interest of public, health, safety, prosperity, social and cultural enrichment, and general welfare. The purpose of the Historic Overlay is as follows.

(A) Cultural history. Safeguard the heritage of the city by protecting designated buildings and structures which reflect the city’s cultural history.

• (B) Public involvement. Encourage public understanding and involvement in the unique heritage of the city.

• (C) Civic pride. Strengthen civic pride in the beauty and notable accomplishments of the past.

• (D) City attractions. Protect and enhance the city’s attractions to residents and visitors and to support and stimulate business and industry.

• (E) Aesthetic character. Enhance the visual and aesthetic character of the city.

• (F) Promote use. Promote the use of historic buildings, structures and historic districts.

(G) Property rights. Protect and safeguard the property rights of the owners whose property is declared to be historic or is located in an area designated as a historic district.

• (Ord. 1346, passed 5-2-12)

(A) Historic Overlay Zone creation. Historic Overlay zones shall be applied n the same manner as property is reclassified from one zone classification to another, as set forth in subchapter 153.210, Part 15 - Zoning Code Text and Zoning Map Amendments. When a Historic Overlay Zone has been created, it shall be designated upon the zoning map of the city as an overlay zone. At the time the Historic Overlay Zone is created, a specific set of development and design standards shall be adopted by the City Council, in addition to those applicable to the underlying zone classification, identifying the allowable uses, improvements, accessory uses, signs and other development standards which are determined to be necessary to maintain integrity of the district while allowing reasonable use of the properties therein.

(B) Historic designation where applied to an individual building, structure or place, such application may be referred to as a “Historic Designation”.

(C) Historic structure work permit. No work shall be done on any building or structure located within a Historic Overlay Zone or designated as historic unless a work permit is issued pursuant to subchapter 153.210, Administrative Procedures.

(D) Historic structure demolition permit. No demolition shall be done on any building or structure located within a Historic Overlay Zone or designated as historic unless a demolition permit is issued pursuant to subchapter 153.210, Administrative Procedures.

(E) Unsafe or dangerous exception. None of the provisions of this chapter shall be construed to prevent any work or demolition necessary to correct or eliminate any unsafe or dangerous condition of any building or structure located in a historic district, where such condition has been declared unsafe or dangerous by the city and where the work is necessary to correct or eliminate such condition, and has been ordered by the city.

(Ord. 1346, passed 5-2-12)

The owner or occupant of a building, structure or place designated as historic or located within a Historic Overlay Zone shall maintain all exterior and interior portions of such buildings, structures and places in good repair to prevent deterioration, decay or excessive wear and tear.

(Ord. 1346, passed 5-2-12)

Resolutions adopting a historic designation of a building, structure or place shall collectively be known as the Local Official Register of Historic Resources. The Local Official Register shall be kept on file with the Secretary of the Historic Resources Advisory Committee, who shall transmit copies to the City Clerk, the Director of Community Development and the County Librarian.

(Ord. 1346, passed 5-2-12)

The provisions of a disposition and development agreement or owner participation agreement, approved and entered into by the City of Baldwin Park, may contain provisions superseding the provisions of this subchapter. (Ord. 1346, passed 5-2-12)

153.090 SIERRA VISTA OVERLAY ZONE

(A) The Sierra Vista Overlay Zone is established to allow large-scale development under a flexible plan, to facilitate land assembly and to promote master-planned retail, commercial, office, industrial or mixed-use developments not otherwise possible under conventional zoning controls.

(B) The regulations set forth in this subchapter shall apply to all land within the city for which the Sierra Vista Overlay Zone has been adopted by the City Council. The location and boundaries of the overlay zone hereby established are shown on the zoning map.

(Ord. 1346, passed 5-2-12)

(A) Sierra Vista Overlay Zone creation. The Sierra Vista Overlay Zone shall be applied in the same manner as property is reclassified from one zone classification to another, as set forth in subchapter 153.210, Part 15 - Zoning Code Text and Zoning Map Amendments. When a Sierra Vista Overlay Zone is created, it shall be designated upon the zoning map of the city as an overlay zone.

(B) Development plan. No building permit shall be issued for the construction, reconstruction or relocation of any building or structure, nor shall any use of land be commenced or permitted on any lot which is classified in a Sierra Vista Overlay Zone unless a development plan has been approved. The conditions of approval imposed upon the development plan and the provisions of subchapter 153.090, Sierra Vista Overlay Zone, shall be observed in development of the district.

(Ord. 1346, passed 5-2-12)

(A) Development plan application preparation. All applications for approval of development plans shall be prepared by a design team consisting of a licensed architect, registered civil engineer or land surveyor, and any additional qualified persons.

(B) Development plan application filing and content. The application shall be filed with the Secretary of the Planning Commission, and shall include the following information:

(1) The number of lots involved, lot dimensions and total lot area;

(2) The proposed location, use, size, height, floor area, elevations and type and color of materials to be used on building exterior of all proposed and existing buildings;

• (3) The location, type and height of all walls and fences;

• (4) The location and dimensions of public and private streets, access ways, pedestrian walkways and loading

areas;

• (5) The location, height and design of all outdoor lighting fixtures;

• (6) A schematic landscaping plan, including the location, size and type of planting;

• (7) The proposed covenants, conditions and restrictions;

• (8) A phasing plan, if applicable;

• (9) A proposed sign program for all exterior signage; and

(10) Any other information as may be deemed necessary by the Director of Community Development.

• (Ord. 1346, passed 5-2-12)

(A) Development standards and conditions of approval. The development standards applicable to the underlying zone classification shall apply. If specific conditions of approval are imposed upon the development plan related to lot area, lot width, lot depth, required yard areas, parking stall dimensions, sign regulations or any other standards, these conditions shall take precedent over the development standards for the underlying zone.

(B) Design Guidelines Manual. Developments within the Sierra Vista Overlay zone shall comply with applicable Design Guidelines Manual.

(Ord. 1346, passed 5-2-12)

153.100 PLANNED DEVELOPMENT OVERLAY ZONE

(A) Flexible plan. The Planned Development Overlay Zone provides opportunities to establish development policies and controls that allow development under a flexible plan that may not otherwise be possible under conventional zoning controls. The mechanism for allowing such flexible standards is through the application of the Planned Development Overlay Zone to a property and the accompanying approval of a development plan pursuant to part 19 of subchapter 153.210.

(B) Additive zoning. The Planned Development Overlay Zone is additive to the underlying zone, and the standards established as part of the applicable development permit shall not be used to increase the maximum allowable residential density for a development project or to change the uses permitted in the underlying zone. The standards for the underlying zone shall apply with regard to both maximum allowable density and use. (Ord. 1346, passed 5-2-12)

(A) A Planned Development Overlay Zone shall be applied in the same manner as property is reclassified from one zone to another, as set forth in subchapter 153.210, Part 15 - Zoning Code Text and Zoning Map Amendments. When a Planned Development Overlay Zone is created, it shall be indicated upon the zoning map of the city as an overlay zone.

(B) The regulations set forth in this subchapter shall apply to all land within the city for which Planned Development Overlay Zone has been adopted by the City Council. The location and boundaries of the overlay zone

hereby established are shown on the zoning map. (Ord. 1346, passed 5-2-12)

Only those uses permitted within the underlying zone classification shall be permitted within the Planned Development Overlay zone.

(Ord. 1346, passed 5-2-12)

(A) Development Plan conformance. All lots and structures within the Planned Development Overlay zone shall comply with the development standards set forth in the applicable adopted Development Plan document.

(B) Development standards. No property within any residential zone shall be considered for application of a Planned Development Overlay Zone unless the associated development permit includes provisions that meet the requirements set forth in Table 153.100.040.

TABLE 153.100.040

(Ord. 1346, passed 5-2-12)

In addition to the requirements contained in this subchapter, regulations contained in the following subchapters of this chapter may apply to development in these zones:

• 153.120 Standards for Specific Land Uses and Activities

• 153.130 Site Planning and General Development Standards

• 153.140 Performance Standards

• 153.150 Off-Street Parking and Loading

• 153.160 Landscaping Standards

• 153.170 Sign Regulations

• 153.180 Antennas and Other Telecommunication Facilities

• 153.200 Nonconforming Lots, Structures and Uses

• 153.210 Administrative Procedures

• (Ord. 1346, passed 5-2-12)

153.110 SPECIFIC PLAN ZONES

The Specific Plan Zone is established to allow for the comprehensive site planning and building design of parcels requiring special attention and treatment, to allow creative approaches to the use of land through variation in building location and mix of land uses and to provide a means to establish more specific land use regulations and design standards for clusters of properties.

(Ord. 1346, passed 5-2-12)

(A) The regulations set forth in this subchapter apply to all land within the city for which a specific plan has been adopted by the City Council. Specific Plan Zones shall be applied in the same manner as property is reclassified from one zone classification to another, as set forth in subchapter 153.210, Part 15 - Zoning Code Text and Zoning Map Amendments. When a Specific Plan Zone is has been adopted, the plan shall be indicated as such on the Zoning Map.

(B) The regulations set forth in this subchapter shall apply to all land within the city for which a Specific Plan Zone has been adopted by the City Council. The location and boundaries of the overlay zone hereby established are shown on the zoning map.

(Ord. 1346, passed 5-2-12)

A Specific Plan Zone may only be established for a parcel or group of contiguous parcels if the combined lot area is greater than or equal to the following standards.

• (A) For residential uses, combined lot area of two acres.

• (B) For commercial and industrial uses, combined lot area of two acres.

• (C) For mixed-use, combined lot area of five acres.

• (Ord. 1346, passed 5-2-12)

(A) Standards supplement and/or supersede. Specific plans may either supplement or supersede land use regulations applicable to the subject property, including all previously adopted ordinances, standards and guidelines. In the event an inconsistency or conflict exists between standards adopted within a specific plan and comparable provisions of this chapter or other development standards, the standards and regulations made part of the specific plan shall prevail.

(B) Specific Plan content. Each specific plan shall identify specific land uses, standards and criteria necessary for the development, maintenance and use of the subject property in compliance with the policies and programs of the General Plan. Each specific plan shall clearly specify how and to what extent the plan is to improve upon, supplement or supersede any adopted ordinance, regulations and standards. Where not otherwise specifically referenced and addressed by a specific plan, all adopted ordinances, regulations, standards and guidelines of the city shall apply.

(C) Specific Plan additional content. In addition to the minimum content requirements specified in Cal. Gov’t Code § 65451, the following shall be included in all specific plans:

(1) Statement of the relationship of the specific plan to the General Plan;

• (2) Policies for development and standards for regulating development within the plan area;

• (3) The proposed land uses for all areas covered by the plan;

• (4) General site design standards and guidelines for all developments;

• (5) The types and location of streets;

• (6) Public facilities and infrastructure required to serve developments within the plan area;

• (7) Landscaping and parking lot treatments;

• (8) Proposed conservation, open space or recreation areas; and

• (9) Any other programs, guidelines or standards appropriate for the plan area.

• (Ord. 1346, passed 5-2-12)

In addition to the requirements contained in this subchapter, regulations contained in the following subchapters of this chapter may apply to development in these zones:

• 153.120 Standards for Specific Land Uses and Activities

• 153.130 Site Planning and General Development Standards

• 153.140 Performance Standards

• 153.150 Off-Street Parking and Loading

• 153.160 Landscaping Standards

• 153.170 Sign Regulations

• 153.180 Antennas and Other Telecommunication Facilities

• 153.200 Nonconforming Lots, Structures and Uses

• 153.210 Administrative Procedures

• (Ord. 1346, passed 5-2-12)

153.115 HOUSING ELEMENT RE-USE SITE OVERLAY ZONE

The Housing Element Re-Use Site Overlay Zone is established pursuant to Cal. Gov’t Code §§ 65580, 65583, and 65583.2 to regulate the city’s obligation to identify a supply of adequate sites available to meet the city’s housing needs for all income levels in the housing element.

• (Ord. 1506, passed 8-2-23)

(A) Pursuant to Cal. Gov’t Code §§ 65580 and 65583, the Housing Element Re-Use Site Overlay Zone shall apply to the following properties that have been re-used in the sixth cycle housing element to accommodate the lower income housing needs:

• (1) Vacant properties previously identified in the fourth and fifth cycle housing elements; and

• (2) Non-vacant properties previously identified in the fifth cycle housing element.

• (B) These properties are designated on the Zoning Map under the Housing Element Re-Use Site Overlay Zone.

• (Ord. 1506, passed 8-2-23)

Residential developments in which at least 20% of the units are affordable to lower-income households shall be allowed by right and qualify for ministerial processing if compliant with all applicable objective development and design standards.

(Ord. 1506, passed 8-2-23)

Consistent with the default residential densities established by the Department of Housing and Community Development, residential developments shall be allowed at a maximum of 30 dwelling units per acre regardless of lot size.

(Ord. 1506, passed 8-2-23)

153.120 STANDARDS FOR SPECIFIC LAND USES AND ACTIVITIES