Fresno Municipal Code Art. 16 Overlay Districts

Editor's note— Ord. 2016-32, § 42, effective October 21, 2016, amended the Code by repealing former § 15-1601, which pertained to Planned Development (PD) Overlay Districts, and derived from Ord. 2015-39, § 1, effective January 9, 2016.

Editor's note— Ord. 2016-32, § 43, effective October 21, 2016, amended the Code by repealing former § 15-1601, which pertained to Airport Environs (AE) Overlay Districts, and derived from Ord. 2015-39, § 1, effective January 9, 2016.

A. Purpose. The Bluff Protection (BL) Overlay District is intended to provide special land development standards that will preserve the integrity of the natural landscape of the southerly San Joaquin River Bluffs, adjacent properties, and adjacent open spaces as areas of special quality by reason of the topography, geologic substratum, and environment of the area. Regulations for the BL Overlay District are deemed necessary for the preservation of the special qualities of the southerly San Joaquin River Bluffs, and for the protection of the health, safety, and general welfare of owners and users of property within the River Bluff Influence Area.

B. Applicability. The provisions of this article apply to areas within 300 feet of the toe of the San Joaquin River bluff.

C. Use Regulations. Those uses permitted in the Base District, subject to the limitations and conditions set forth therein.

D. Development Standards. Development Standards shall be as required by the Base District, except as follows:

1. Bluff Setback. Development, including buildings, structures, decks, pools, spas, and steps, shall be setback a minimum of 20 feet from the bluff edge or as identified as necessary for the preservation of the existing state of the bluffs in the soils report prepared pursuant to Section 15-1603-F, Soils Report, whichever is greater. Buildings, structures, decks, pools, spas, and steps include all objects that may be below grade, at grade, or above grade.

2. Lighting and Illumination. Streetlights and all exterior lighting shall be directed away from the riverbottom.

3. Design and Orientation. The design and orientation of structures, walls and fences shall be in keeping with the natural character of the Bluffs. Fences must be open a minimum of 80 percent (i.e., no more than 20 percent opaque) to allow for the passage of light and air.

4. Colors and Materials. Construction shall be permitted only on lots subject to recorded deed restrictions or covenants restricting exterior colors and construction materials to those which are compatible with the natural bluff environment and with surrounding development.

5. Geologic Impact Standards. To minimize potential geologic and soil hazards, the following provisions shall apply to all subdivisions and development within Bluff Zones I, II, and III of the San Joaquin River Bluffs environs:

a. General Provisions. General provisions for grading, drainage, and erosion:

i. Locations of streets, utilities and other facilities shall be approved by the Director and the City Engineer.

ii. Requirements for the location, design, construction, and maintenance of surface and subsurface drainage facilities shall be as determined by the Fresno Metropolitan Flood Control District.

iii. All development within Bluff Zones I, II, and III shall comply with the applicable provisions of the Building Code as adopted and amended by the City.

iv. Drainage of storm and irrigation water shall be directed away from the Bluff Face to public rights-of-way or to drainage facilities approved by the Fresno Metropolitan Flood Control District. A drainage plan shall be provided and approved by the Director for each separate lot within the Bluff Influence Area, establishing methods for conveying surface water from roofs and landscaping, and drain water from all swimming pools or decorative pools to approved locations away from the Bluff Face.

v. To minimize erosion, the following shall apply to all graded, altered, or unstable bluff areas:

(1) Landscaping with drought-tolerant, low-fuel plants, compatible with the bluff environs, from a list prepared by the City.

(2) Landscape irrigation shall utilize drip irrigation or low precipitation systems, and must be approved by the civil engineer prior to installation.

(3) Hydroseeding, netting and mulch shall be utilized to re-establish plant life, to control erosion and to discourage rodent burrowing.

b. Soils Investigation. The following types of soil evaluations shall be performed and reported:

i. Bluff Zone I. A civil engineer or soils engineer registered in the State of California shall investigate and report on soil and geologic conditions, utilizing methods consistent with accepted practices. The report shall evaluate soils and geologic conditions for development proposals located outside Bluff Zone II and shall be similar in scope to the soils investigation required under Subparagraph ii, below. The investigation and report shall identify potential surface and subsurface drainage problems that may ultimately affect the stability of the bluffs and any measures to mitigate such effects.

ii. Bluff Zone II. A civil engineer or soils engineer registered in the State of California shall provide a detailed Soils Investigation and Evaluation Report using methods consistent with accepted practice and shall include the following:

(1) Evaluation of existing stability;

(2) Evaluation of post-development slope stability;

(3) Documentation of existing conditions for rock falls, block caving, creep failures, shear failures, excessive erosion and sloughing;

(4) Evaluation of slope angles, subsurface drainage, proposed grading, structures, utility trenches, potential rodent population, storm drain disposal, surface irrigation and drainage, erosion, traffic vibration, potential seismic hazards, and on-site sewage disposal approximate to the bluffs;

(5) Evaluation of the influence of future development and grading along the Bluff Toe for its effect on slope stability;

(6) Evaluation of the adverse effect of increased surface and subsurface drainage;

(7) Coordination, review, and approval of site grading and drainage plans prepared by the project civil engineer for conformance to soils and geologic reports;

(8) Laboratory tests to evaluate the soil parameters to be used in determination of slope stability;

(9) Determination and establishment of the location of the Bluff Toe, Bluff Edge and of any building setbacks.

iii. Bluff Zone III. A civil engineer or soils engineer registered in the State of California shall complete a Soils Investigation and Evaluation Report, involving detailed study of individual lots within the River Bluff Influence Area, as follows:

(1) Zone III soils investigations will address the details of the configuration, location, type, and loading of the proposed structures and drainage plan;

(2) The report shall provide detailed recommendations for foundations, drainage, and other items critical to bluff stability.

c. Filing. Filing of Soils Investigation and Evaluation Reports shall be required as follows:

i. A Zone I, Zone II or Zone III Soils Investigation and Evaluation Report and a grading plan shall be filed at the time of filing any tentative tract map or parcel map providing for lots or portions of lots within Zone I, Zone II or Zone III, or at the time of filing any application for rezoning or for special permits for parcels of land within Zone I, Zone II or Zone III;

ii. For parcels of land within Zone I, Zone II or Zone III, that are not the subject of the filing of a tentative map or tentative parcel map, or that are not the subject of any application for rezoning or a special permit, a Zone I, Zone II or Zone III Soils Investigation and Evaluation Report and a grading plan shall be filed with any request for a building permit.

d. Certification. The Soils Investigation and Evaluation Reports shall be certified as follows:

i. The engineer responsible for the soils investigation and evaluation report and for the grading plan shall certify that the proposed project will not cause any significant increase in the risk of damage to the bluff from erosion, slippage, subsidence, or other movement when grading, drainage, and other slope protection measures have been done in accordance with the Soils Investigation and Evaluation Report and the grading plan. The certificate may be executed on the face of the subdivision map or parcel map or may be contained in a separate instrument delivered to the Director.

ii. The engineer responsible for the soils investigation and evaluation report and for the grading plan for parcels of land for which certification is not provided above shall file written certification with any request for a building permit that the proposed project will not cause any significant increase in the risk of damage to the bluff from erosion, slippage, subsidence or other movement, when grading, drainage and other slope protection have been done in accordance with the soils investigation and evaluation report and the grading plan.

e. Completion of Erosion Controls. All erosion control measures shall be completed before the issuance of occupancy permits for residences constructed on lots within or partially within Zone II, and shall be completed before the issuance of building permits for structures constructed on lots within or partially within Zone III.

E. Development Permit. A Development Permit is required for all grading and development, including buildings, structures, decks, pools, spas, and steps, within or abutting the southerly boundary of the BL Overlay District. This section applies to above or below grade objects.

F. Soils Report. All applications for development shall provide a soils report. This requirement does not apply to the property between Blythe Avenue and the extension of the Nees Avenue alignment, existing as of August 1, 1979, to the Bluff.

G. Grading Standards. No alteration or modification of the existing landscape, including grading or alteration of existing topography, or construction of any structures, shall be permitted on the bluff face or air space above it. This requirement does not apply to the property between Blythe Avenue and the extension of the Nees Avenue alignment, existing as of August 1, 1979, to the Bluff.

H. Other Development Regulations. Private access, including gates and/or staircases, irrigation systems, planting, maintenance/weed control, and/or disposing of green waste onto the Bluff, are not permitted.

I. Commencement of Improvements. No Building Permit or Grading Permit shall be issued unless all required technical studies required by this Code have been submitted and all applicable permits required by this Code have been obtained.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2018-25, §§ 14—16, eff. 6-11-18).

A. Purpose. As used herein, the Expressway Area (EA) Overlay District means major streets that are classified as Expressways, Super Arterials, and other streets that may be designated by the City. The Expressway Area (EA) Overlay District is established to:

1. Protect land uses and residences proximate to designated major streets.

2. Limit development that may potentially be detrimental to the general health, safety, and welfare and to existing and future infrastructure operations and improvements.

3. Mitigate noise to acceptable levels.

B. Use Regulations. Those uses permitted in the Base District, subject to the limitations and conditions set forth therein.

C. Development Standards. Development Standards shall be as required by the Base District, except as follows:

1. Residential Districts. No building shall be erected within 200 feet of the right-of-way line, except as follows:

a. An acoustical study determines that interior noise can be mitigated to acceptable levels.

b. In no case shall the minimum building setback be less than 75 feet from the center line of the nearest moving traffic lane of the abutting roadway.

c. Any barrier necessary to achieve acceptable noise levels shall not be less than eight feet in height and may be a wall, an earth berm, or any combination of wall and earth berm.

d. Where no frontage road is required along the expressway, any landscaped open space transition setback separating properties zoned for residential uses shall contain a wall, berm, or any combination of wall and berm, not less than eight feet high and located 50 feet from and parallel to the center line of the nearest moving lane of the abutting roadway.

2. Non-Residential Districts. No buildings, nor private signage, shall be erected within 30 feet of the right-of-way.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A. Purpose. The Residential Modifying (RM) Overlay District is intended to provide special land development and street development standards which will create, protect, and maintain designated areas, streets, and adjacent properties as residential areas of exceptional public and private value.

B. Use Regulations.

1. Permitted Uses. Those uses permitted in the Base District, subject to the limitations and conditions set forth therein.

2. Uses Subject to a Conditional Use Permit. Those uses permitted in the Base District, subject to the limitations and conditions set forth therein.

3. Uses Not Permitted.

a. The uses expressly prohibited by the provisions of the Base District.

b. Family Day Care.

c. Community and Religious Assembly.

d. Schools, Public or Private.

e. Park and Recreation Facilities.

f. Cultural Institutions.

g. Hospitals and Clinics.

C. Development Standards. Development Standards shall be as required by the Base District except as follows:

1. All yards required by an underlying district and abutting a street, shall be landscaped and maintained by the property owner.

2. Where the underlying district permits farm animals, the front or side yard abutting a street may be designed with a pasture as permitted by the underlying district.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A. Purpose. The Annexed Rural Residential Transitional (ANX) Overlay District allows rural residential use of properties upon annexation to the city continuing until such time as the properties are further developed consistent with the Base District.

B. Use Regulations.

1. Permitted Uses. Any permitted Special Use shall be subject to the provisions in Article 27.

a. The uses permitted by the provisions of the Base District.

b. Existing Uses. Any use existing at the time the property was annexed to the city so long as the use had been lawfully allowed by the County at the time immediately preceding the annexation, subject to provisions of Article 4, Non-Conforming Uses, Structures, Site Features, and Lots.

c. One single-unit dwelling per lot and Second/Accessory Dwelling Units per Section 15-2754.

d. Accessory Buildings.

e. Garages.

f. Servants' quarters on parcels of land having a minimum lot area of 36,000 square feet or more.

g. Barns, stables, corrals, coops and/or animal or fowl pen.

h. Adult Day Care Facilities for a maximum of six adults when located in a single-unit dwelling.

i. Crop Cultivation and Community Gardens.

j. Animal Keeping.

i. Household Pets.

ii. Where the lot area is at least one acre in size, a property owner may have adult bovine (cows) or equine (horses) animals, in any combination thereof, and their immature offspring, per acre. In no event shall any property regardless of size have more than 10 adult bovine or equine, or combination thereof. For every adult bovine or equine allowed on a property, a property owner may substitute two adult ovine (sheep) or adult caprine (goats), including any immature offspring. Other similar animal types may be allowed upon a determination by the Director that they will not detrimentally affect the public health, safety, and/or welfare.

iii. Poultry (limited to hens only), rabbits, or similar small feather-bearing or fur-bearing animals, not to exceed twenty-four of any kind or combination thereof, for domestic purposes only.

iv. Where any of the foregoing animals noted in this section are permitted on site, a stormwater runoff permit may be required in accordance with the requirements of the Regional Water Quality Control Board.

k. Family Day Care Homes, small.

l. Greenhouses, horticultural collections and flower and vegetable gardens, private.

m. Group housing facility for a maximum of six persons when located in a single-unit dwelling.

n. Home Occupations.

o. Petroleum products storage, for use by the occupants of the premises, but not for resale or distribution.

p. Roadside Stands, temporary, for the sale of agricultural products produced upon the premises.

q. Signs, subject to provisions of Article 26.

2. Uses Subject to a Conditional Use Permit. Those uses permitted in the Base District, subject to the limitations and conditions set forth therein.

3. Uses Not Permitted. Those uses not permitted in the Base District or listed above, subject to the limitations and conditions set forth therein.

C. Development Standards. For all properties in the ANX overlay district, the RS-1 zone district standards shall apply with the exception that an animal or fowl pen, coop, stable, bam, or corral may be located within 40 feet of any dwelling or other building used for human habitation, or within 100 feet of the front property line of the subject property under a Conditional Use Permit filed and approved pursuant to Article 53.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2025-024, § 29, eff. 7-27-25).

A. Purpose. The Equine (EQ) Overlay District is established to identify suburban residential areas where horses and other equine are allowed to be kept, while ensuring the protection of the quality of the residential environment and securing the health, safety, and general welfare of the residents.

B. Applicability. In the event of a conflict between this section and Section 15-2707, Animal Keeping, the provisions of this section shall prevail.

C. Use Regulations. Those uses permitted in the Base District, subject to the limitations and conditions set forth therein, except as follows:

1. Horse Keeping. The keeping of horses is permitted, subject to the following:

a. Number of Horses Permitted.

i. Lots 36,000 Square Feet or Less. Up to two adult horses and one of their offspring less than two years of age are permitted.

ii. Lots 36,001 Square Feet or More. Up to four horses are permitted.

b. Minimum Setback Requirements for Stables and Corrals.

i. From Side or Rear Property Lines. 25 feet.

ii. From Windows or Doors of Buildings Used for Human Habitation. 40 feet.

iii. From the Front Line of the Property. 100 feet.

D. Development Standards. Development Standards shall be as required by the Base District.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A. Purpose. The Mining (M) Overlay District is established to allow on-going mineral extraction in the San Joaquin Riverbottom in conjunction with open space uses.

B. Use Regulations.

1. Permitted Uses. Those uses permitted in the Base District, subject to the limitations and conditions set forth therein.

2. Uses Subject to a Conditional Use Permit.

a. Those uses permitted in the Base District, subject to the limitations and conditions set forth therein.

b. Mining and Quarrying.

3. Uses Not Permitted. Those uses not permitted in the Base District or listed above, subject to the limitations and conditions set forth therein.

C. Development Standards. Development Standards shall be as required by the Base District, except as follows:

1. Exceptions to height and façade standards may be permitted at the discretion of the Review Authority.

2. Additional conditions may be required to ensure compatibility with nearby existing and planned uses.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A. Purpose. The Apartment House (AH) Overlay District is intended to preserve and enhance the pattern of pedestrian-oriented small-footprint apartment houses, grand homes, and small commercial buildings that exist in some pre-World War II neighborhoods.

B. Use Regulations. Those uses permitted in the Base District, subject to the limitations and conditions set forth therein, except as follows:

1. Permitted Uses.

a. The uses permitted by the provisions of the Base District.

b. Single Unit Dwelling, Attached; Live/Work; and Multi-Unit Residential shall be permitted in all locations, including the ground floor along major streets.

c. Office uses, including Business and Professional, Medical and Dental, and Walk-In Clientele, shall be permitted in all locations, including the ground floor along major streets. Base District restrictions on the size of such establishments shall not apply.

2. Uses Subject to a Conditional Use Permit. Those uses permitted in the Base District, subject to the limitations and conditions set forth therein.

3. Uses Not Permitted. Those uses not permitted in the Base District or listed above, subject to the limitations and conditions set forth therein.

C. Development Standards. Development Standards shall be as required by the Base District, except as follows:

1. Maximum Lot Size. 15,000 square feet.

2. Setbacks.

a. Front Setback. The front setback for new structures shall not be greater than 110 percent nor less than 90 percent of the average of the actual front setbacks of all residential structures on the blockface which were constructed prior to 1945. The following exceptions shall apply:

i. In no instance shall the front setback be less than 10 feet.

ii. In no instance shall the setback for a new structure be less than the setback of an adjacent structure which is a designated historic resource.

b. Side Setback. Four feet.

3. Parking.

a. Garage Encroachment into Rear and Side Setbacks. Where 50 percent or more of the residential properties on a block have detached garages which encroach into the minimum side and/or rear setbacks, new detached garages shall be permitted to encroach into the minimum side and/or rear setback in a similar manner. In such instances the minimum side and rear setback for a detached garage shall each be equal to the average of the equivalent setbacks of the detached garages on the block, unless the average is less than two feet in which case the setback shall be zero feet. This provision shall also apply to properties which abut an RS District.

b. In no instance shall parking be located in front of the primary building, between the primary building and the street, or within the required front setback. Surface parking may not be covered with a carport within 50 feet of a public street unless it is designed as a porte cochere that is attached to architecturally integrated with the structure.

4. Design Compatibility. The following standards shall apply to all structures, with the exception of Public and Semi-Public uses.

a. Building Materials and Finishes. Cladding and trim materials and finishes shall be similar to adjacent apartment houses and single-unit homes.

b. Windows. The size, location, and proportions of windows shall be similar to adjacent apartment houses and single-unit homes.

c. Balconies and Porches. For new residential structures, the size, location, and proportions of balconies and porches shall be similar to adjacent apartment houses and single-unit homes.

d. Massing. New structures shall have roof forms and massing articulation which is residential in character and is similar to residential structures on the same blockface which were constructed prior to 1945.

5. Pedestrian Access. Direct entrances shall be provided into all individual ground-floor dwelling units or commercial spaces which are adjacent to a public street. If the building is set back from the sidewalk, a paved path no less than five feet in width shall be provided from the sidewalk to each entrance.

6. Height. Structures shall not exceed 35 feet in height.

7. Landscaping. The design of front yard landscaping shall be residential in character and shall be similar to adjacent apartment houses and single-unit homes.

8. Signs. Signs shall not be permitted in the AH Overlay District, except as follows:

a. Maximum Number and Location.

i. Monument Sign. One monument sign per building shall be permitted in the front yard setback, if applicable. Such signs shall be set back from the back of the sidewalk by no less than two feet.

ii. Porch Sign. One sign per building shall be permitted to be suspended under the roof of a porch.

iii. Wall Sign. One sign per building may be mounted on the façade near the primary pedestrian entrance.

iv. Other Signs. Not permitted.

b. Maximum Size.

i. Monument Sign. Monument Signs shall not exceed six square feet in area and shall not exceed five feet in height.

ii. Porch Sign. Porch Signs shall not exceed eight square feet in area.

iii. Wall Sign. Wall Signs shall not exceed 10 square feet in area.

c. Illumination. If illuminated, external illumination is required and shall be mounted in a manner that does direct glare toward adjacent uses.

[Figure: FIGURE 15-1609-C-8: AH OVERLAY MONUMENT AND PORCH SIGNS]

FIGURE 15-1609-C-8: AH OVERLAY MONUMENT AND PORCH SIGNS

9. Renovations and Alterations.

a. Modifications to existing buildings shall be architecturally compatible with the existing building as determined by the Review Authority.

b. Exterior walls that are or were originally clad in wood, masonry, or stone shall not be covered with a different material such as stucco.

c. Renovations or alterations to "modernized" pre-World War II buildings shall restore the original façade materials, textures, fenestration, and ornamentation to the extent possible as determined by the Review Authority.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2016-32, § 16, eff. 10-21-16; Am. Ord. 2016-43, § 3, eff. 12-9-16; Am. Ord. 2018-25, § 17, eff. 6-11-18; Am. Ord. 2025-024, § 30, eff. 7-27-25).

A. Purpose. The Urban Campus (UC) Overlay District is intended to provide for large, centrally planned and operated campuses which integrate well into a dense, mixed-use, walkable urban environment.

B. Use Regulations. Those uses permitted in the Base District, subject to the limitations and conditions set forth therein.

C. Development Standards. Development Standards shall be as required by the Base District, except as follows:

1. Setbacks.

a. Front.

i. Minimum. Zero feet.

ii. Maximum. 20 feet.

b. Side. No requirement, unless the site abuts an R District, in which case the side setback shall be no less than 20 feet.

c. Rear. No requirement, unless the site abuts an R District, in which case the rear setback shall be no less than 20 feet.

d. Parking: 30 feet from perimeter streets. The following types of parking shall be exempted from this requirement:

i. Surface parking which is located behind a building.

ii. Structured parking above the first floor, provided that the façade is treated with similar materials and ornamentation as non-parking structures on the campus.

iii. Underground parking.

2. Frontage Coverage. 75 percent along public streets at the perimeter of the campus. This requirement shall not apply to streets which run through the campus.

3. Pedestrian Access. Each building located within 50 feet of a public street at the perimeter of the campus shall provide pedestrian entrances from the public street into the building at a rate of no less than one per 400 feet of linear street frontage, however in no instance shall there be fewer than one. Such entrances shall be protected by a portico, canopy, or alcove of no less than four feet in depth. If there is a yard between the sidewalk and the building, a paved path six feet in width shall be provided from the public sidewalk to the entrance.

4. Façade Design. Street facing facades of buildings located within 50 feet of a public street at the perimeter of the campus shall comply with the following standards:

a. Exterior walls facing a front or street side lot line shall include windows, doors, or other openings with transparent glazing for at least 25 percent of the building wall area located between 2.5 and seven feet above the level of the sidewalk. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, lobbies, or similar active spaces.

[Figure: FIGURE 15-1610-C.4.A: BUILDING TRANSPARENCY]

FIGURE 15-1610-C.4.A: BUILDING TRANSPARENCY

b. Where buildings are located within two feet of a public sidewalk at the perimeter of the campus, the sidewalk shall be shaded by awnings or canopies as follows:

i. Awning or canopy depth shall be no less than four feet and no more than 10 feet.

ii. Clearance shall be no less than eight feet and no more than 12 feet from the finished floor.

5. Parking Access. Driveways shall be located at the furthest feasible point from nearby residential uses.

6. Building Height.

a. The maximum height within 100 feet of an RS District is 45 feet. Exceptions shall be made for parking structures which meet all of the following criteria:

i. Height of 75 feet or less;

ii. Adjacent to a railroad;

iii. South of Illinois Avenue; and

iv. A design which incorporates a "green screen or a similar treatment that buffers the appearance of the structure with ivy or other vegetation.

b. The maximum height within 300 feet of an RS District is 75 feet.

c. In all other locations the maximum height shall be 210 feet. Buildings of exemplary, landmark design may be 235 feet at the discretion of the Review Authority. Buildings of exemplary, landmark design may be 275 feet at the discretion of the Review Authority within the area bounded by Clark Street, Illinois Avenue, Thesta Street, and Divisidero Street, as well as all of the area south of Divisidero.

7. Lot Coverage. No requirement.

8. Sidewalks. New buildings or additions of 50 percent or more in floor area shall improve adjacent sidewalks. Sidewalks shall be provided per Public Works standards except that sidewalks on Fresno Street shall be provided as follows:

a. Sidewalks shall be no less than 12 feet in width. If the current distance between the right-of-way boundary and the face of the adjacent curb is less than 12 feet, the building shall be set back from the right-of-way boundary the distance that is necessary to achieve the required sidewalk width. The portion of the sidewalk which lies within the private parcel shall be guaranteed for public access by the enactment of a public access easement.

b. Street trees shall be provided as follows:

i. Street trees should be located no more than three feet from the back of curb, and whenever possible should be aligned with other trees on the block.

ii. Street trees should generally be evenly spaced, no less than 20 feet apart, and not more than 40 feet apart.

iii. Whenever possible, trees should not be located directly in front of building entrances.

iv. Trees should be placed in tree wells measuring five feet by five feet. To maximize usable sidewalk area, tree wells shall be covered by grates of a design which is approved by the Review Authority. Larger tree wells may be required by the Public Works Director for species requiring more space. The property owner shall assume maintenance responsibilities for the tree grates.

v. Street trees should be deciduous, fast growing, drought tolerant, and should eventually form a tall canopy. Not more than one species should be planted per block. Whenever nearby pre-existing trees are in good condition and meet the intent of this section, new trees should be of the same species.

c. Pedestrian-scaled street lights shall be provided as follows:

i. Street lights should be located no more than three feet from the curb, and whenever possible should be aligned with street trees and other lights on the block.

ii. Street lights should be generally evenly spaced, no less than 30 feet apart, and not more than 80 feet apart. Whenever possible, street lights should be no less than 15 feet from nearby street trees.

iii. Street lights should not be of the type commonly known as Cobra Heads or other types which are intended primarily for the illumination of the vehicular roadway. Lights should be ornamental and designed primarily for the illumination of the sidewalk. Whenever nearby pre-existing lights are in good condition and meet the intent of this section, new lights should be of the same type. Intersection safety lights shall be typical cobra-head design, while mid-block lighting should be ornamental and scaled for the pedestrian environment. Lighting shall meet Public Works standards.

d. If a Community Facilities District is not established to maintain sidewalks, street trees, and lighting, the applicant shall enter into a maintenance agreement to ensure the maintenance of said facilities.

(Am. Ord. 2016-43, § 4, eff. 12-9-16).

A. Purpose. The Neighborhood Revitalization (NR) Overlay District is intended to preserve the unique character of neighborhoods near Downtown, enhance their walkability, and promote a diverse population.

B. Use Regulations. Those uses permitted and conditionally permitted in the Base District, subject to the limitations and conditions set forth therein, with the following exceptions.

1. Duplex—a neighborhood meeting shall not be required.

2. Multi-Unit Residential at a density of 16 dwelling units per acre or less. A neighborhood meeting shall not be required.

3. Instructional Services which are 3,000 square feet or less and which occupy 30 percent of the building or less.

4. Parks and Recreation Facilities shall not be subject to any size restriction of the Base District.

5. Medical and Dental Offices, which are 3,000 square feet or less and which occupy 30 percent of the building or less shall be permitted.

6. General Retail, which is located within 100 feet of a corner and which is 3,000 square feet in area or less shall be permitted.

C. Development Standards. Development Standards shall be as required by the Base District, except as follows:

1. Sidewalks.

a. Sidewalks shall be provided on both sides of the street. Notwithstanding Chapter 13, Section 208 of the Municipal Code, all projects shall be required to bring adjacent sidewalk conditions into conformance with Public Works standards, subject to the following exceptions:

i. Applications for signs only.

ii. Additions, remodels, or tenant improvements of less than 50 percent of the current value of the property.

iii. Accessory structures less than 1,000 square feet in size.

b. New development that is below the thresholds noted in item 'a', above, shall replace and maintain missing and/or dead street trees and any other missing or dead landscaping in the public frontage (public right-of-way).

c. In no case shall an existing sidewalk, or portion thereof, be vacated, even if the minimum width required is less than the existing sidewalk.

d. When a sidewalk of the subject property is improved to meet the applicable requirements of this section and the adjacent property does not physically align with the new improvement, the improvement shall be designed to the satisfaction of the Review Authority to result in a safe and smooth transition between properties.

2. Pedestrian Access. Direct entrances shall be provided into all individual ground-floor dwelling units or commercial spaces which are adjacent to a public street. If the building is set back from the sidewalk, a paved path no less than five feet in width shall be provided from the sidewalk to each entrance.

3. Front Setback. The front setback for new structures shall not be greater than 110 percent nor less than 90 percent of the average of the actual front setbacks of all residential structures on the blockface which were constructed prior to 1945. The following exceptions shall apply:

a. In no instance shall the front setback be less than 10 feet.

b. In no instance shall the setback for a new structure be less than the setback of an adjacent structure which is a designated historic resource.

4. Parking. In no instance shall parking be located in front of the primary building, between the primary building and the street, or within the required front setback. Surface parking may not be covered with a carport within 50 feet of a public street unless it is designed as a porte cochere that is attached to architecturally integrated with the residential structure.

5. Building Size and Massing. Table 15-1611-C.1 prescribes additional development standards for areas governed by the NR Overlay District. Additional regulations are denoted in the right hand column. Section numbers in this column refer to other sections of the Code, while individual letters refer to subsections that directly follow the table. The numbers in each illustration below correspond to the "#" column in the associated table. Drawings are for illustrative purposes and are not drawn to scale.

TABLE 15-1611-C.1: BUILDING SIZE AND MASSING STANDARDS

6. Building Articulation.

a. Street-Facing Façade Articulation. All street-facing building façades over 35 feet in length shall be designed with a minimum of one of the following façade articulation strategies:

i. Horizontal Articulation. Setback a portion of the street-facing facade a minimum of two feet for a minimum distance of 25 feet.

ii. Vertical Articulation. Step a portion of the façade upward or downward a minimum two feet higher or lower than adjacent portions of the façade for a minimum distance of 25 feet.

iii. Architectural Projections. Append or project facade elements such as porches, balconies, bay windows, cantilevered rooms, and/or awnings.

iv. Architectural Recessions. Recess architectural elements or spaces—such as recessed porches, covered passages, recessed balconies, and windows—into the plane of the façade.

b. Roof Forms. New structures shall have roof forms which are residential in character, such as gabled, hipped, mansard, gambrel, and pyramidal roofs.

7. Building Materials and Finishes.

a. General Standards.

i. Each side of a building that is visible from a street, park, or passenger railway shall be designed with a complementary level of detailing and quality of materials.

ii. Building Entrances and Common Areas. Building entrances and common areas shall include finishes and materials that are durable and high quality and distinguish these spaces from other elements of the building.

iii. Parking. Parking structures shall be designed to be compatible with the architectural character, materials, and colors of the overall development.

iv. Durability of Materials. Exterior materials shall be durable and promote permanence and longevity. They shall not unintentionally discolor due to weathering or corrosion. Materials that discolor naturally, such as copper, are encouraged.

v. Design Consistency.

(1) Architectural materials and constructional assemblies shall be designed to be consistent with the building's architectural style in terms of structural expression, scale, and proportion.

(2) Finishes, fixtures, and other architectural details shall be designed to be consistent throughout the building's exterior.

(3) Attached architectural elements and details such as lighting fixtures, attic vents, custom signage, awnings, hand rails, balconies, and trellises shall be designed to be consistent with other elements throughout the building's exterior.

b. Multiple Materials.

i. Two or more wall materials may be combined on one façade.

ii. If located one above the other, lighter appearing materials shall be placed above more substantial materials (e.g., wood above stucco or masonry, or stucco and glass above masonry).

iii. In general, vertical joints between different materials shall occur only at inside corners.

c. Exposed Wood.

i. Exterior walls that are or were originally clad in exposed wood shall not be covered with a non-wood material. Wood-like materials, such as cementitious siding, may be used.

ii. Exposed wood (or wood-like materials) shall be finished in a manner that minimizes maintenance and promotes the material's longevity.

d. Reflective Materials. Reflective materials are prohibited.

e. Masonry and Stone.

i. Brick and cut stone shall be laid in true bonding patterns. Mortar joints shall be struck.

ii. River and rubble stone shall be laid from large stones closest to the ground to small stones farthest from the ground, with smooth or beaded mortar joints.

iii. Masonry detailing shall transition from stone to other materials through moldings, caps, and other trim elements.

f. Veneers. Veneers should turn corners, avoiding exposed edges and continue down the side of a building to a logical break, such as a change in wall plane.

g. Trim. Trim materials and finishes shall be differentiated from adjacent wall cladding materials and finishes. Acceptable trim materials shall be wood, precast concrete, stone, tile, or similar materials. Stucco trim shall be permitted at the discretion of the Review Authority, and in such instances it shall feature a smooth finish that contrasts significantly from adjacent stucco wall cladding.

h. Synthetic Materials. The use of synthetic materials is allowed when the Review Authority determines that the material:

i. Adequately simulates the appearance of the natural material it imitates.

ii. Demonstrates an ability to age similar to or better than the natural material it imitates.

iii. Has a permanent texture, color, and character that is acceptable for the proposed application.

iv. Can be pressure washed and, in general, withstand anti-graffiti measures.

i. Prohibited Materials. Prohibited exterior materials include the following:

i. T1-11.

ii. Rough-sawn wood.

iii. Vertical siding, except board and batten.

iv. Metal siding.

v. Concrete block as an exterior finish material.

j. Renovations and Alterations.

i. Modifications to existing buildings shall be architecturally compatible with the existing building as determined by the Review Authority.

ii. Exterior walls that are or were originally clad in wood, masonry, or stone shall not be covered with a different material such as stucco.

iii. Renovations or alterations to "modernized" pre-World War II buildings shall restore the original façade materials, textures, fenestration, and ornamentation to the extent possible as determined by the Review Authority.

8. Window and Door Opening Design.

a. Window Hierarchy. Building elevations shall exhibit a hierarchy between window sizes to differentiate between public rooms (larger windows) and private rooms (smaller windows).

b. Glazing Ratio. Street-facing facades, shall have an overall wall composition of at least 20 percent glazing, but not more than 60 percent glazing.

c. Vertical Proportion. 75 percent or more of window openings shall have a vertical proportion, in which their height exceeds their width by 25 percent or more. Openings divided by muntins of four inches or more in width shall constitute separate openings.

d. Window Depth. Trim at least three-quarters inch in depth must be provided around all windows, or windows 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 the two-inch recess. The recess depth shall be specific to the architectural style being utilized.

e. Relationship to Surrounding Buildings. Windows shall be placed on a wall in a manner that maintains existing privacy with neighbors.

f. Window and Door Materials and Detailing.

i. Allowed window and door materials include wood, fiberglass, steel, or aluminum.

ii. Muntins, if used, shall be true and divide one pane from the adjoining pane, be of substantial dimension, and not be flat.

iii. Flush "nail-on" aluminum windows, and horizontal aluminum sliding windows are prohibited.

iv. The color of vinyl and vinyl clad windows shall be consistent with the overall color scheme of the building. For example, white windows should be used with window trim that is painted a deep color.

v. Glazing shall be clear glass, particularly in storefront and primary window applications. Transom and other specialty windows are not required to be clear and may be decorative.

vi. Window sills shall be detailed to properly shed water.

vii. Head casing shall be equal in width to or wider than jamb casing.

viii. Accessories may include operable shutters sized to match their openings, opaque canvas awnings and other shading devices, and planter boxes supported by visible brackets appropriate to each design. Security bars are prohibited on façade windows.

9. Façade Alignment.

a. Vertical Alignment. With the exception of roofs, cornices, and other such features, façades shall be oriented vertically and shall have no slope.

b. Horizontal Alignment. With the exception of bay windows and similar features, facades that are located within 30 feet of a public street shall run parallel or perpendicular to said street. Civic buildings are exempt from this requirement.

10. Façade Elements.

a. Applicability. Street-facing façades shall incorporate a minimum of two of the Façade Elements shown in Table 15-1611-C.6.

TABLE 15-1611-C.6: FAÇADE ELEMENTS—NR OVERLAY DISTRICT A. Front Yard

(Am. Ord. 2016-43, § 5, eff. 12-9-16).

A. Purpose. The Kearney Boulevard Historic Corridor (KB) Overlay District is intended to preserve and enhance the historic character of Kearney Boulevard.

B. Use Regulations. Those uses permitted in the Base District, subject to the limitations and conditions set forth therein.

C. Development Standards. Development Standards shall be as required by the Base District, except as follows:

1. Front Setback. The front setback for new structures shall not be greater than 100% nor less than 90% of the average of the actual front setbacks of all residential structures on the blockface. The following exceptions shall apply:

a. In no instance shall the front setback be less than ten feet.

b. In no instance shall the setback for a new structure be less than the setback of an adjacent structure which is a designated historic resource.

2. Building Orientation and Pedestrian Access. All new structures (excluding accessory structures) shall be oriented toward Kearney Boulevard with front doors facing the street, and a paved path no less than five feet in width shall be provided from the sidewalk to the front door.

3. Fences, Walls, and Hedges.

a. Height. Front yard fences shall be a maximum of three feet in height.

b. Materials and Opacity. Front yard fences shall be constructed in one of the following manners:

1. Wrought iron or tubular steel with no more than 20% opacity; or

2. Wooden pickets with no more than 50% opacity.

3. Street Trees and Landscaping.

a. Retention of Existing Landscaping.

1. Existing palm trees, eucalyptus trees, and oleander bushes shall be retained unless they are determined by the Review Authority to be a demonstrable health or safety threat, in which case they shall be replaced with a tree or bush or the same species.

2. Notwithstanding Section 15-2308-C-3, the removal of eucalyptus trees shall require a Tree Removal Permit within the KB Overlay District.

b. New Development. Any activity which requires a Development Permit, Planned Development Permit, or Development Agreement shall plant new palm trees, eucalyptus trees, and oleander bushes along Kearney Boulevard to the full extent necessary to continue and match the historic tree pattern along the entirety of the project's Kearney Boulevard frontage.

5. Frontage Road. All development shall continue the historic configuration of the boulevard with frontage roads on either side separated by planted side medians.

(Added Ord. 2017-63, § 1, eff. 12-4-17).

A. Purpose. The California Avenue Transit Corridor (CA) Overlay District is intended to create a safe, convenient, and comfortable pedestrian environment along the residential sections of the California Avenue transit corridor.

B. Use Regulations. Those uses permitted in the Base District, subject to the limitations and conditions set forth therein.

C. Development Standards. Development Standards shall be as required by the Base District, except as follows:

1. Building Orientation and Pedestrian Access. All new structures (excluding accessory structures) shall be oriented toward California Avenue with front doors facing the street, and a paved path no less than five feet in width shall be provided from the sidewalk to the front door.

2. Fences, Walls, and Hedges.

a. Height. Front yard fences shall be maximum of three feet in height.

b. Materials and Opacity. Front yard fences shall be constructed in one of the following manners:

1. Wrought iron or tubular steel with no more than 20% opacity; or

2. Wooden pickets with no more than 50% opacity.

c. Walls. In no instance shall a wall be permitted within the required front yard setback or any other space which lies between residential structures and California Avenue.

(Added Ord. 2017-63, § 2, eff. 12-4-17).

A. Purpose. The purpose of the Focused Infill (FI) Overlay District is to facilitate more intensive development of parcels with MX, CMS, or CR zoning at strategic points along transportation corridors in order to support transit use, housing production, and economic revitalization.

B. Use Regulations.

1. Permitted Uses. Those uses permitted in the Base District, subject to the limitations and conditions set forth therein.

2. Uses Subject to a Conditional Use Permit. Those uses permitted in the Base District, subject to the limitations and conditions set forth therein.

3. Uses Not Permitted. Those uses not permitted in the Base District or listed above, subject to the limitations and conditions set forth therein.

C. Development Standards. Development Standards shall be asrequired by the Base District, except as follows:

1. Residential Density. The maximum permitted residentialdensity for various Base Districts shall be as follows:

a. NMX, CMS, and CR: 48 du/ac

b. CMX: 90 du/ac

c. RMX: 135 du/ac

(Added Ord. 2020-044, § 1, eff. 11-15-20).