Division 5 — OVERLAY ZONES

SEC. 36.26.65. - Overlay zones. SEC. 36.26.70. - Purpose and applicability.

The overlay zoning districts established by this chapter provide guidance for development and new land uses in addition to the standards and regulations of the zoning districts, where important site, neighborhood, or area characteristics require particular attention in project planning. The applicability of any overlay zoning district to specific parcels is shown by the overlay zoning map symbol established by Section 36.04 (Zoning districts established) being appended as a suffix to the symbol for the primary zoning district (e.g., R1-H1S, R1-SD, etc.).

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.26.75. - Height limitation (-H) overlay zone.

a.

Purpose. The height limitation (-H) overlay zoning district is intended to establish height limits for structures that are different from those normally applied by the primary zoning district applicable to a site, where determined to be desirable because of specific neighborhood characteristics.

b.

Minimum area requirements. The area must be definable as a geographic unit, including but not limited to, one (1) or more entire city blocks or one (1) or more entire subdivision tracts or street faces opposite one another.

c.

Height limitations. When combined with any residential (R) zoning district, the height limit for structures established by the -H overlay shall be measured either in stories or feet.

1.

Height limit in stories. The maximum number of allowed stories shall be shown on the zoning map by a number and the letter "S" following the -H designation, as follows:

2.

Height limit in feet. Where the -H overlay zoning district is used to limit the maximum height of structures to a specific number of feet, the maximum height shall be shown on the zoning map by the number of allowed feet following the -H designation, as follows:

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.26.80. - Neighborhood design (-ND) overlay zone.

a.

Purpose. The neighborhood design (-ND) overlay zoning district is intended to identify areas where unique characteristics of individual neighborhoods are to be protected and/or enhanced through special design standards applicable to those areas only.

b.

Minimum area requirements. The area must be definable as a geographic unit including, but not limited to, one (1) or more entire city blocks or one (1) or more entire subdivision tracts or street faces opposite one another.

c.

Application of overlay zone. The -ND overlay will be applied to areas where residents have worked with the city to identify one (1) or more important characteristic(s) to be protected or enhanced, and to prepare special standards to carry out protection and enhancement objectives. Any special standards may be prepared to supplement, or to allow departure from the other provisions of this chapter.

d.

Requirements.

1.

Special design standards. In any case where one (1) or more special design standards have been adopted by the city council through the application of the -ND overlay zone, those special design standards shall apply to development and new land uses in the neighborhood in addition to all other applicable provisions of this chapter. If a new house is proposed, and the -ND zone regulates more than one (1) special design standard, property owners need not comply with all of the standards, but shall comply with at least half of them. If a house is proposed to be remodeled, the special design standards shall apply only to the remodeled portion of the house and then only if that portion of the house is subject to special design standards. In the event of any conflicts between special standards imposed by the -ND overlay and other provisions of this chapter, the special standards shall control.

2.

Development review required. All development within an -ND overlay zoning district shall be subject to development review in compliance with Section 36.44.45 (Development Review).

(Ord. No. 18.13, § 1, 12/10/13.)

a.

Purpose. The purpose of this special design combining district is to allow for the use of conventional underlying zoning designations as a clear indication of fundamental land use policy, while signaling the need for special development considerations to deal with specified design objectives or environmental factors. This combining district may be used to require or allow departure from the property development standards set forth in the basic zoning district provisions of this chapter and to require or allow in lieu thereof, the application of special developmental criteria for those lots, parcels and areas that may require special attention or be disadvantaged by having one or more of the following characteristics:

1.

Located adjacent to a freeway, highway or other noise generator such that noise levels on the lot exceed or are likely to exceed commonly accepted noise levels for the use(s) permitted in the zone.

2.

Located adjacent to a major vehicular roadway, industrial activity or other generator of air pollution such that air pollution on the lot exceeds or is likely to exceed commonly accepted air pollution levels for the use(s) permitted in the zone.

3.

Located upon or near any other environmental hazard that may be hazardous to people who would use the land in the commonly accepted manner for uses permitted by the applicable zone.

4.

Of such size, shape, location, ownership pattern or topography that the property development standards of the zone, if applied, would create substandard development.

5.

Located adjacent to a use or other zoning district so that the property development standards of the zone, if applied, would create a substandard development on the subject property or adversely impact adjacent properties.

6.

Is characterized by features, or relates to public facilities, existing or planned, or to the surrounding neighborhood in such a way that special design criteria are needed to ensure that development thereupon will not be detrimental to the neighborhood or conversely that development thereupon has properly considered and responded to the surroundings.

b.

Description. The combining district provided by these sections shall be known as the special design or -SD combining district. It may be combined with any other zoning district designation provided for in this chapter in accordance with the procedures set forth in Section 36.52.35 (Zoning Amendments)of this chapter.

c.

Findings. In addition to the procedures set forth in Section 36.52.35 (Zoning Amendments)of this chapter, both the environmental planning commission and the city council shall, as part of their final action in imposing said special design combining district, find that one (1) or more of the characteristics set forth in Section 36.26.85 apply to the lot or area being considered for the special design combining district designation and shall so find and specify what these characteristics are.

d.

Uses permitted. The principal, accessory and permitted uses of the underlying zoning district shall apply to all lots or areas on which the special design (SD) combining district is imposed except that uses which pose a particular hazard or environmental problem to adjoining properties may be limited.

e.

Development criteria. In lieu of, or in addition to, the property development standards set forth for the underlying zoning district, specific development criteria may be applied to lots or areas upon which the special design (SD) combining district is imposed and shall be considered by the zoning administrator in considering specific designs to ensure they satisfy the requirements of the special design combining district. The following criteria may be set forth in a set of development guidelines adopted along with the ordinance:

1.

Special setbacks, yards and distances between buildings and property lines.

2.

Special sound or pollution barriers in the form of walls, berms and similar structural devices to reduce noise or air pollution.

3.

Orientation of windows and other openings in buildings away from environmental hazards.

4.

Special landscaping to shield or buffer from environmental hazards.

5.

Special site planning and juxtapositioning of buildings and other elements of the site to assure protection from environmental hazards.

6.

Such other physical requirements or land use limits as will constitute protection from any specific hazard or hazards set forth by the city council.

7.

Special design considerations deemed appropriate to ensure suitable quality development or development which will complement the neighborhood or address special constraints and/or needs of the area, including, but not limited to: heights, coverage, tree retention, driveways, parking layout, building design or other design-related aspects.

f.

Permit required. A special design permit shall be required prior to the development of any use within an SD combining district, other than crop and tree farming. Said permit shall set forth with particularity the nature of each use to be permitted and shall define the location and extent of each such permitted use by reference to maps or drawings attached to said permit. The application for such permit may be considered concurrently with, or subsequent to, the consideration of SD combining district zoning.

(Ord. No. 18.13, § 1, 12/10/13.)

Sec. 36.26.90. - Reserved.

Editor's note— Ord. No. 22.19, § 3, adopted Dec. 10, 2019, repealed § 36.26.90, which pertained to transit (-T) district and derived from Ord. No. 18.13, § 1, adopted Dec. 10, 2013.

SEC. 36.26.95. - Village center floating district.

a.

Purpose. The village center floating district (VC zone) is intended to permit future growth and redevelopment in key locations within the El Camino Real precise plan in areas with concentrations of commercial uses and served by transit and regional transportation networks. Use of the VC zone can implement neighborhood transition, open space, transit-supportive design, pedestrian access, and public benefits direction included in the El Camino Real precise plan. In addition to the requirements set forth in this section, projects in the VC zone must also comply with the El Camino Real precise plan.

b.

Minimum requirements. The VC zone may only be applied to a project that meets all the following criteria:

1.

It is in a location identified as village center in the El Camino Real precise plan.

2.

It is on a parcel or group of parcels with a minimum area of 60,000 square feet (net). Several parcels may be combined to form a single project site if they have an integrated site and/or are proposed and approved

as a single development or master plan.

3.

Rezoning to the VC zone requires the provision of public benefits consistent with the El Camino Real precise plan and any other public benefits policy in effect at the time of the rezoning. The value of public benefits provided as part of the rezoning are at the discretion of the city council, and are in addition to those provided by the project through a planned community permit.

c.

Floor area ratio and height. Properties in the VC zone may have a floor area ratio and/or height consistent with the "Tier 2" standards and process requirements in the El Camino Real precise plan. All other development standards, guidelines, and land use requirements in the El Camino Real precise plan apply.

d.

Permit and process required. The El Camino Real precise plan includes a tiered structure for development review. The lowest levels of intensity, "Base" and "Tier 1," may be built with or without a VC zone in place. The highest level, "Tier 2," may only be built within a VC zone. The VC zone is applied to a project site through the process in Sec. 36.52.35 (zoning amendments). The VC zone is applied in addition to, and does not replace, the El Camino Real precise plan.

Proposed development within a VC zone shall be required to obtain a planned community permit, consistent with the direction in the El Camino Real precise plan and in accordance with Sec 36.50.30 (planned community permits). Planned community permits for the development of "Tier 2" projects are subject to environmental planning commission review and city council approval.

e.

Development criteria. Development in the VC zone will be reviewed for consistency with the development standards and guidelines in the El Camino Real precise plan, which provide direction on setbacks, design, coverage, open area, access, parking, and other requirements.

(Ord. No. 20.14, § 3, 12/9/14.)

ARTICLE IX. - STANDARDS FOR SPECIFIC LAND USES DIVISION 1. - GENERAL

SEC. 36.28. - Purpose and applicability.

a.

Purpose. This section provides site planning and development standards for specific land uses that are allowed within the city.

b.

Applicability. Land uses covered by this section shall conform with the provisions of the section(s) applicable to the specific use, in addition to other applicable provisions of this chapter including the standards of the zone district where the use is located.

(Ord. No. 18.13, § 1, 12/10/13.)

DIVISION 2. - ACCESSORY RETAIL USES

SEC. 36.28.05. - Accessory retail uses.

Retail sales and services, including, but not limited to, restaurants, pharmacies, and the sale of retail merchandise, are allowed accessory to a primary use as follows:

a.

General standard. Accessory retail uses are permitted, provided there is no external evidence of any commercial activity other than the primary use of the site (e.g., no signs or windows with merchandise visible from adjoining streets), and all access to for the accessory retail use is from within the structure.

b.

Commercial and industrial zoning districts. Restaurants and retail sales are permitted in the commercial zoning districts incidental and accessory to offices, hospitals and other medical facilities; pharmacies are permitted accessory to hospitals and other medical facilities. Accessory restaurants, retail sales and other services are permitted in the industrial zoning districts to serve the needs of employees.

c.

Residential and special-purpose zoning districts. Community assembly, indoor recreation and fitness centers, outdoor recreation, or public recreation establishments may engage in retail sales for guests only.

d.

Development review approval required. All accessory retail uses shall require development review as provided in Section 36.44.45 (Development review). In order to approve an accessory retail use, the approval body shall first find that there will be no harm to adjacent existing or potential residential development due to excessive traffic, noise, or other adverse effects generated by the accessory use.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 3.2026, § 13, 3/10/26.)