Chapter 17.28 — Overlay Zoning Districts

This Chapter regulates new and existing structures and land uses in the overlay zoning districts established by Section 17.20.020 (Zoning Map and Zoning Districts). The provisions of this Chapter provide guidance for development in addition to the standards and regulations of the base zoning districts, where important site, environmental, safety, compatibility, or design issues require particular attention in project planning.

A.

Mapping of overlay districts. The applicability of any overlay zoning district to a specific site is shown by the overlay Zoning Map symbol established by Section 17.20.020 (Zoning Map and Zoning Districts), being appended as a suffix to the symbol for the primary zoning district on the Zoning Map (for example, RS-4-HD).

B.

Allowed land uses, permit requirements, development standards. Except as may be otherwise provided by this Chapter for a specific overlay district:

Any land use allowed in the applicable base zoning district may be allowed within an overlay district, subject to any additional requirements of the overlay district;

Development and new land uses within an overlay district shall obtain the land use permits required by the base zoning district; and

Development and new land uses within an overlay district shall comply with all applicable development standards of the base zoning district.

C.

Conflicting provisions. The provisions of this Chapter apply to proposed land uses and development in addition to all other applicable requirements of this Zoning Code. In the event of any perceived conflict between the provisions of this Chapter and any other provision of this Zoning Code, the most restrictive shall control.

A.

Purpose. The purposes of the AD (Alcohol Density) overlay district are to:

Provide increased public notification for the establishment of new bars or taverns, billiard parlors with alcohol service, nightclubs with alcohol service, food sales, liquor stores, convenience stores, and any other use that provide for the sale of alcohol for off-site consumption; and

Regulate the density of new bars and taverns, billiard parlors with alcohol service, nightclubs with alcohol service, and food sales, liquor stores, convenience stores, and any other use that provide for the sale of alcohol for off-site consumption in order to prevent an over-concentration of such uses.

B.

Public notice. This Subsection provides noticing requirements in addition to those in Chapter 17.76 (Public Hearings). The following types of notice shall be provided for applications proposing new bars or taverns, billiard parlors with alcohol service, nightclubs with alcohol service, and uses which provide for the sale of alcohol for off-site consumption. These requirements shall also apply to existing bars or taverns and uses which provide for the sale of alcohol for off-site consumption if the use changes from beer and wine sales to full alcohol sales.

Timing of notice. Notice shall be mailed and posted at least 28 days prior to the public hearing.

Mailed notice. Notice shall be mailed to occupants of buildings within 300 feet of the site boundaries.

C.

Separation requirements. New bars or taverns, billiard parlors with alcohol service, nightclubs with alcohol service, and uses which provide for the sale of alcohol for off-site consumption shall be separated from existing bars or taverns, billiard parlors with alcohol service, nightclubs with alcohol service and uses which provide sales of alcohol for off-site consumption, as follows. These separation requirements are applied to property by the Zoning Map designating appropriate areas in either the AD-1 or AD-2 overlay districts. These requirements shall also apply to existing bars or taverns and uses which provide for the sale of alcohol for off-site consumption if the use changes from beer and wine sales to full alcohol sales.

AD-1 separation requirements. Within areas designated AD-1 on the Zoning Map, the facilities regulated by this Section shall be separated by a minimum distance of 250 feet.

AD-2 separation requirements. Within areas designated AD-2 on the Zoning Map, the facilities regulated by this Section shall be separated by a minimum distance of 1,000 feet.

D.

How to measure. The separation between the above identified uses shall be measured in a straight line, without regard to intervening structures, from the closest property line of new bars or taverns, billiard parlors with alcohol service, nightclubs with alcohol service, or uses which provides for the sale of alcohol for off-site consumption to the closest property line of an existing bars or taverns, billiard parlors with alcohol service, nightclubs with alcohol services, or uses which provide sales of alcohol for off-site consumption.

(Ord. No. 7435, § 6, 10-28-2024)

A.

Purpose. The HL overlay district is used to establish special height limits to achieve or preserve the desired character of a neighborhood or nonresidential area within the City.

B.

Applicability. The HL overlay district shall be applied to property through the amendment process (Chapter 17.74) by designating the boundaries of the HL overlay on the Zoning Map and annotating the bounded area on the map with the letters "HL" as a suffix to the map symbol for the primary zoning district, followed by a number indicating the height limit in feet. Height averaging may be used in conjunction with the HL district. Height averaging shall be noted on the Zoning Map as a number in parentheses indicating the height limit in feet. Height averaging shall conform to the requirements of 17.30.050.B (Height limit exceptions).

(Ord. 7009 § 8, 2005)

A.

Purposes. The HL-1 overlay district is used to establish special height limits in multi-family districts to ensure compatibility of new development with the surrounding neighborhood.

B.

Applicability. The HL-1 overlay district may be combined with any multi-family district. It shall be applied to property designated "HL-1" on the Zoning Map.

C.

Land use. All land uses allowed in the base zoning district as permitted or conditional uses may be allowed in the HL-1 overlay district in compliance with the land use permit requirements of the applicable zoning district.

D.

Development standards. Except as modified in this chapter, the development standards shall be those of the underlying district.

General. On lots 60 feet in width or greater, the maximum height of structures in the rear 40 percent of the site is 23 feet to the top plate and 32 feet to the highest ridgeline.

Maximum Height at Garden Rectangle. The maximum height of structures shall not exceed two stories.

A.

Purpose. The HH overlay district is to allow for the establishment of hospitality homes in specific zoning districts and ensure that proper review of a hospitality home occurs to minimize any potential impacts that may result from the hospitality home.

B.

Applicability. The HH overlay district may be combined with any district. It shall be applied to property designated "HH@on the Zoning Map.

C.

Allowable land uses. All land uses allowed in the base zoning district as permitted or conditional uses may be allowed in the HH overlay district in compliance with the land use permit requirements of the applicable zoning district. A hospitality home may be established with Minor Conditional Use Permit approval.

D.

Development standards. The development standards shall be those of the underlying base district. Parking requirements shall be as specified by the minor conditional use permit.

A.

Purpose. The IS interim study overlay district is intended to allow discretionary review of development proposals in areas where changes in zoning regulations are contemplated or under study. The IS district may be combined with any base district.

B.

Rezoning.  

Study plan. Prior to approving a Zoning Map amendment reclassifying land to an IS district, the Commission and Council shall approve a study plan that identifies regulatory problems and states land use regulations and development standards for the area proposed for reclassification.

Expiration and renewal of IS district ordinance. An ordinance establishing an IS district shall contain a provision terminating the IS designation one year from its effective date unless extended. No more than two, one-year extensions may be granted. An ordinance establishing an IS district may be amended, reenacted, or superseded by a Zoning Map amendment adopted in compliance with Chapter 17.74.

C.

Permit requirement. Conditional Use Permit approval is required for establishment of any new, altered or expanded use in the IS district. Allowable uses are limited to those identified as permitted or conditional in the applicable base district.

D.

Required findings. In addition to all other findings required by this Zoning Code for Conditional Use Permit approval and any findings required for a specific use, Conditional Use Permit approval in the IS district shall require that the Review Authority

first find that the proposed use will not conflict with the land use regulations and development standards established for the area at the time the IS district was adopted.

E.

Development standards. Development standards for the IS district shall be specified by Conditional Use Permit approval, or shall be those of the applicable base district.

A.

Purpose. The purposes of the LD landmark overlay district are to:

Implement the General Plan by ensuring development consistent with the urban design, neighborhood enhancement, housing, land use, and historic and cultural resources elements thereof;

Deter the demolition, destruction, alteration, misuse or neglect of architecturally significant buildings that form an important link to Pasadena's past;

Promote the conservation, preservation, protection, and enhancement of each landmark district;

Stimulate the economic health and residential quality of the community and stabilize and enhance the value of property; and

Encourage development that is consistent with the Secretary of the Interior's Standards and City Council-adopted design guidelines based on the Secretary of the Interior's Standards.

B.

Allowable land uses. All land uses allowed in the base zoning district as permitted or conditional uses are allowable in the LD overlay district in compliance with the land use permit requirements of the base zoning district.

C.

Development standards. Development standards in the LD overlay district shall be those of the applicable base district. In the event of a conflict, the provisions of the LD district shall control.

D.

Zoning Map designation. LD overlay districts shall be depicted on the Zoning Map by adding the suffix "LD" to the base district designation, followed by the number of the LD district based on order of adoption.

E.

Application of district and development review procedures. The requirements of this Zoning Code for the application of the LD overlay district to property, and administrative procedures for the review of proposed development within an LD overlay district are in Chapter 17.62 (Historic Preservation).

(Ord. 7372 § 5, 2021)

A.

Purpose. The ND neighborhood overlay district is intended to create special regulations for the Lower Hastings Ranch Area to promote development that is orderly and compatible with the traditional scale and character of the neighborhood. Lower Hastings Ranch is predominantly defined by one-story, single-family dwellings exhibiting California Ranch and/or Modern Ranch style architecture. These types of architecture are defined as a series of set elements that address both the building form and the spaces in and around the house, emphasizing the horizontal rather than the vertical, low pitched roofs, moderate-to-wide roof overhangs, an off-centered entry sheltered under the main roof of the house, garage(s) attached to the main dwelling (front, side, or rear orientation), and a large picture window on the front facade. Massing of the front facade is typically asymmetrical in nature, emphasizing the horizontal and with varying form and articulation. Cross-gables or cross-hipped roofs are common methods to achieve this design.

B.

Applicability. Proposed new houses, building additions, and facade improvements within the ND overlay zoning district shall comply with all applicable requirements of the base zoning district, except where this Chapter establishes a different requirement.

C.

Definitions.  

Protected View. A "protected view" may include, but is not limited to, views of City lights, the valley floor, and the San Gabriel Mountains, as seen at a specified point six feet (6') above the finished grade of the building pad, either immediately adjacent to or in line with the main dwelling. Views of open sky, foliage, and adjacent properties are not protected views. Existing structures and foliage, whether on the subject property or adjacent parcels, shall be considered to have no visual impact on a protected view.

D.

Permit Requirements. A new dwelling, second story addition, or any building addition visible from a public right-of-way shall require Neighborhood Development Permit approval in compliance with Section 17.28.090(H) in addition to any other permit required by this Zoning Code.

E.

Development standards for all projects. Development standards for all projects shall be those of the RS-6 district, except as follows:

Slope reduction. All portions of a lot with a 50 percent slope or greater shall be deducted from the lot area used for calculating maximum allowable gross floor area.

Height limits. No structure shall exceed the following height limits, except in compliance with Section 17.40.060 (Height Requirements and Exceptions).

a.

The maximum height of main structures shall be 26 feet.

b.

The maximum top plate height of the first story of the main structure shall not exceed ten feet.

Front porches and entryways.  

a.

Height. The top plate height of a proposed or altered front porch shall not exceed the top plate height of the existing first story, or 10 feet, whichever is less. The front porch shall not exceed one-story and shall meet the roof slope requirements below.

b.

Design. A proposed front porch shall be located under the existing roofline, or the roofline of a new front porch shall be the continuation of the existing roof of the main residence.

Roof pitch. The roof pitch of additions shall be the same roof pitch as the existing residence but shall not exceed 4:12 (vertical:horizontal). For new structures, the roof pitch shall be a maximum of 4:12 (vertical:horizontal).

F.

Additional Development Standards for Projects Requiring a Neighborhood Development Permit.  

Maximum Floor Area — Two Story Structures. The maximum size for all two-story structures shall not be greater than ten percent above the average floor area of existing single-family houses within the same zoning district and within 500 feet of the subject property.

Size of second story additions. The maximum allowable floor area of a second-story shall be limited to 50 percent of the proposed floor area of the first story (not including attached garage).

Setbacks and encroachment plane.  

a.

Second story side setback. The second story of the main structure, and any portion of the main structure over ten feet in height, shall be set back a minimum of five feet from the existing first floor side walls, including any wall openings and modulations. This setback shall be calculated from the first floor side walls as they existed on August 25, 2011.

b.

Second story front setback.  

(1)

Second story additions. Second story additions and any portion of the main structure over ten feet in height shall be set back a minimum of 10 feet from the first floor front wall. The setback shall be measured from the first floor front wall and any modulations as it existed on August 25, 2011.

(2)

New main structure. On a new main structure which includes a second story, the second story and any portion of the main structure over ten feet in height, shall be set back a minimum of 10 feet from the first floor front wall and any modulations.

c.

Second story rear setback. The second story of the main structure and any portion of the main structure over ten feet in height shall be set back a minimum of five feet from the first floor rear wall. This setback shall apply to new main structures that include a second story as well as additions to existing second stories.

d.

Encroachment plane. In addition to the minimum side yard requirements, the main structure shall not be located within a side-yard encroachment plane sloping at a 45-degree angle measured from the vertical, commencing six feet above the existing grade along the interior side property line.

e.

Projections into yards and encroachment planes. See Section 17.40.160 (Setback and Encroachment Plane Requirements and Exceptions).

Height limits. No structure shall exceed the following height limits, except in compliance with Section 17.40.060 (Height Requirements and Exceptions).

a.

The maximum top plate height of the second story of the main structure shall not exceed 20 feet.

b.

The floor height (i.e. the height from the bottom plate to the top plate) of a second floor shall not exceed the floor height of the first floor. In the case where the first floor height varies, the lowest floor height shall be used.

G.

Building Design Standards. New houses, additions, and facade improvements shall comply with the following standards:

Building Design Standards for All Projects.  

A.

Roof Design and Materials.  

(1)

Roof designs shall include hipped, dutch-gabled, side-gabled, or cross-gabled roof types.

(2)

Roofing materials shall consist of one of the following: asphalt shingles, wood shingles, and flat concrete tile.

(3)

The following roofing materials are prohibited: curved roofing materials such as clay or concrete "s" barrel tiles, unless the project is an addition to an existing house that is not designed in California Ranch or Modern Ranch style.

(4)

Roof overhangs shall be a minimum of 12 inches deep. Exposed, open eave, boxed, or boxed eave rafters shall be utilized.

(5)

First-story roof eaves shall be continuous to avoid flat two-story tall walls.

(6)

Rafter tails shall be painted to match the fascia or remain stained natural to retain a natural wood finish.

B.

Exterior Wall Surfaces.  

(1)

Porch supports shall consist of wood posts and may include wood triangular braces to each side.

(2)

Wall surface materials shall consist of at least one of the following: Wood, brick, stone, wood shingles, stucco, and board- and-batten.

(3)

The following surface materials are prohibited within front yards or for front facades: concrete block.

(4)

The following design elements are prohibited:

A.

Architectural foam detailing, foam window trim, and/or foam moldings

B.

Pre-cast architectural window trim

C.

Applied faux columns

D.

Quoins

E.

Pre-cast concrete and/or glass porch railings and balustrades

F.

Highly ornate metal railings or fences

G.

Decorative eave details, corbels, or dentil details

C.

Window Design and Styles.  

(1)

For additions and facade improvements to existing houses:

A.

Window types must consist of one or more of the following:

i.

Casement

ii.

Double-hung

iii.

Large picture windows

iv.

Short windows grouped on an upper facade

B.

The following window types are prohibited:

i.

Arched windows

(2)

Street and side-yard facing windows shall not extend floor-to-ceiling.

Additional Building Design Standards for Projects Requiring a Neighborhood Development Permit.  

A.

Privacy.  

(1)

Balconies, decks, and porches located on the second floor shall be integrated and recessed into the roofline of the structure. Balconies, decks, and porches that project outward from the second story of a structure are prohibited.

(2)

Second floor windows facing a side yard are limited to one or more of the following techniques:

A.

Clerestory windows

B.

Recessed windows

C.

Non-transparent or obscured glazing

D.

Permanent architectural screens

E.

Permanently affixed louvers

B.

Exterior Wall Surfaces. In addition to the requirements of Section 17.28.090(E) and 17.29.090(F), the following requirements apply:

(1)

For new houses, cladding variation such as accented entries, base treatment, or accented gable roof ends shall be provided on all street-facing facades, utilizing the appropriate materials as defined in Section 17.28.090(G)(1)(B).

H.

Neighborhood Development Permit  

Purpose. The Neighborhood Development Permit provides a review process for the City to consider the appropriateness of proposed development within Lower Hastings Ranch. The process is designed to ensure that proposed projects:

A.

Are compatible with the predominantly one-story, Ranch-style character of Lower Hastings Ranch.

B.

Minimize two-story development in the neighborhood.

C.

Minimize visual impacts, including impacts to protected views for two-story projects.

Applicability. A Neighborhood Development Permit is required to authorize a new dwelling, new second-story, second-story addition, or any building addition visible from a public right-of-way, to ensure compliance with this Chapter.

Requirements for One-Story Houses.  

A.

Application Filing and Processing. An application for a Neighborhood Development Permit shall be filed and processed in compliance with Section 17.60 (Application Filing and Processing). A Neighborhood Development Permit shall include all information and materials required by Section 17.60.040 (Application Preparation and Filing) and the following additional information:

(1)

Visual Representation. All projects that require a Neighborhood Development Permit shall be required to provide visual representations of the project in accordance with this subsection. Visual representations are required to assist the review authority and interested citizens in understanding how a proposed structure and its accompanying grading and other site development will appear in the context of the surrounding properties.

A.

Content. Visual representation shall consist of:

i.

One or more three-dimensional depictions of a proposed project, including all proposed structures and site development, illustrating how the project will appear to observers viewing the project from public rights-of-way three houses down in either direction and from other public areas near the site.

ii.

The number of illustrations required and their vantage points shall be determined by the Zoning Administrator in each case.

B.

Form. Applicants must select and provide at least one form of visual representation from the following list:

i.

Digital and/or artistic renderings, including elevations or grading cross-sections;

ii.

Computer-generated photo simulations; or

iii.

A three-dimensional scale model of the project structure and site of a scale sufficient to evaluate the project as determined by the Zoning Administrator.

(2)

Site Topography. A topographic map covering the entire site may be required at the discretion of the Zoning Administrator if deemed necessary to clearly understand the potential visual impact of the project. The topographic map shall be prepared with a contour interval of not more than five feet, which shall also identify the proposed building site, and all areas of the site with slopes of 15 percent or less, all areas of the site with slopes that are more than 15 percent but no more than 50 percent, and all areas of the site with slopes of 50 percent or more. An average slope calculation is required for the entire lot area.

Additional Requirements for Two-Story Houses.  

A.

Applicability. In addition to the requirements of Section 17.28.090 (H)(3), the following additional requirements for two story houses shall apply.

(1)

Visual Representation. In addition to the Visual Representation requirements of Section 17.28.090 (H)(3), all two-story projects shall be required to provide story poles in accordance with this subsection.

(2)

Form. Story poles shall be erected upon determination of a complete application, and shall remain in place for a minimum of 14 days. Applicants must submit photographic evidence confirming that story poles are in place. In addition, applicants must select and provide one additional form of visual analysis from the list specified in Section 17.28.090 (H)(3)(a)(1)(a).

I.

Notice of Application. Upon receipt of a complete application and verification that story poles, if applicable, have been erected on the subject property, a Notice of Application shall be mailed to all property owners within 500 feet of the proposed project. The notice shall include a description of the proposed project and shall inform property owners of their ability to review and comment on the proposed project.

J.

Review Authority. The Hearing Officer may approve, conditionally approve, or disapprove a Neighborhood Development Permit in compliance with this Chapter.

K.

Project Review, Notice and Hearing.  

Each application shall be analyzed by the Zoning Administrator to ensure that the application is consistent with the purpose and intent of this Section. The Zoning Administrator shall submit a staff report and recommendation to the Hearing Officer for consideration on a Neighborhood Development Permit.

The applicable review authority shall conduct a public hearing on an application for a Neighborhood Development Permit before the approval or disapproval of the permit.

In addition to the requirements of Section I (Notice of Application), notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.76 (Public Hearings).

The applicable review authority shall render a decision on the application within ten days following the final public hearing on the application.

L.

Findings and Decisions. The Hearing Officer may approve, conditionally approve, or disapprove a Neighborhood Development Permit application, and shall record the decision and the findings upon which the decision is based. The Hearing Officer may approve the permit only after first making the following findings:

Standards Compliance. The design, location, and character of the proposed house or other structure are consistent with the Development Standards in Section F and Building Design Standards in Section G.

Neighborhood Consistency. Consistency is determined following a review of existing site conditions, visibility of the site, and the size, scale, materials, and character of existing development within 500 feet of the site. The Hearing Officer must find that the house or other structures are compatible with existing houses and consistent with the prevailing neighborhood character.

Massing and Articulation. The massing, scale, and building articulation of the proposed house or other structure is reasonably consistent in scale and proportion to existing houses in the neighborhood.

Topography. The house or other structure is designed to reasonably incorporate and avoid natural topographic features.

M.

Additional Findings for Two-Story Projects Subject to a Neighborhood Development Permit.  

Necessity of Two-Story House. The Hearing Officer must find that:

A.

A one-story house or one-story addition cannot reasonably be constructed on the property due to site constraints, such as protected trees or topography, or due to development standards such as required setbacks.

View Protection. The house or other structure will not unreasonably visually intrude upon a protected view, as defined in Section 17.28.090(C).

Privacy. The house or other structure is designed to minimize privacy infringement on neighboring residents.

N.

Conditions of Approval. In approving the Neighborhood Development Permit, the Hearing Officer may impose any conditions it deems reasonable and necessary to ensure that the approval will comply with the findings required by Sections K and L above.

O.

Post Approval Procedures. The procedures and requirements in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), and those related to appeals in Chapter 17.72 (Appeals), shall apply following the decision on the Neighborhood Development Permit.

(Ord. 7291 § 2, 2017; Ord. 7211 § 2, 2011)

A.

Purpose. The purpose of the OC overlay is to allow for the creation of zoning districts in which structures of historic significance can be converted to office uses.

B.

Applicability. The OC overlay shall apply to the areas designated on the official zoning map of the City, and shall be combined with the underlying base district for the area.

C.

Allowable land uses. All land uses in the base zoning district that are permitted or conditionally permitted are allowed in the OC overlay district except that the reuse of historic structures shall be limited to those uses included under the definition of Offices - Administrative Business Professional in Article 8 (Glossary of Specialized Terms and Land Use Types).

D.

Permit requirements. Minor Conditional Use Permit approval, in compliance with Section 17.61.050, shall be required to authorize the reuse of a structure in compliance with this section.

E.

Conditions of approval. In granting a Minor Conditional Use Permit approval, the review authority, at a minimum, shall adopt the following conditions of approval.

Any modifications to the exterior of the structure shall be subject to review and approval in accordance with category 1 review procedures outlined in Section 17.62.090.E.1.

The hours of operation of any business shall be limited to 7:00 a.m. through 8 p.m.

Each structure may have one sign, not to exceed eight square feet in size. The sign may be freestanding or located on a structure's wall, and shall not exceed a height of four feet measured from existing grade. Any freestanding signs shall be located within five feet of the structure. The design and materials of any sign shall be compatible with the structure.

Exterior lighting shall be designed to confine emitted light to the property, and the light source shall be visually screened from surrounding properties and streets in compliance with Section 17.30.080 (Lighting).

Any structure over 3,000 square feet in size shall provide one residential unit on the premises. Any bungalow court must retain one bungalow as a residential unit.

If a proposed use displaces residential households or tenants, the applicant shall comply with Municipal Code Sections 16.46.050 and 16.46.060 relating to relocation financial assistance.

F.

Parking. Parking shall be provided in compliance with Chapter 17.36 (Parking and Loading) except as follows:

A minimum of 2.5 parking spaces shall be provided for each 1,000 square feet of gross floor area.

Parking shall not be allowed in the front setback or corner side yard setback.

No loading space shall be required.

G.

Expansion. The expansion of a use approved in compliance with this section shall comply with the development standards of the CO (Commercial Office) zoning district.

(Ord. 7163 § 3, 2009)

A.

Purpose. The purpose of the PK parking overlay district is to allow development of off-street parking facilities serving a C, I, or PS district to be located in an R district subject to regulations that minimize adverse impacts on adjoining residential areas.

B.

Applicability. The PK district may be combined with any R district. References to R districts in this Section are to R districts that are not combined with a PK district.

C.

Allowable land uses. All land uses allowed in the base zoning district as permitted or conditional uses may be allowed in the PK overlay district in compliance with the land use permit requirements of the applicable base zoning district. Off-street, at- grade parking lots may be established with Minor Conditional Use Permit approval.

D.

Development standards. Development standards in the PK district shall be those of the applicable R district, provided that off-street parking facilities shall also comply with the provisions of Chapter 17.46. In the event of conflict, the provisions of this Section shall control.

The parking lot driveway shall be located as close to the C or PS district boundary as possible.

Parking lot landscaping shall be provided in compliance with Chapter 17.44 (Landscaping).

A solid masonry or concrete wall six feet in height shall adjoin a property line in an R district or an alley opposite an R district. A six-foot solid masonry or concrete wall may be required along the inner edge of a required planting strip adjoining a street property line as determined by the Zoning Administrator. At street intersections, the wall shall be located to comply with Chapter 12.12 of the Municipal Code. Within the required front yard, the wall shall not exceed four feet in height.

The front setback shall be the minimum required by the base zoning district. The front setback shall be landscaped in compliance with Chapter 17.44.

The parking lot use shall be limited to the hours between 7:00 a.m. and 10:00 p.m. These hours may be extended through Minor Conditional Use Permit approval.

A.

Purpose. In addition to the general purposes of this article and the purposes of the base district, the specific purpose of the SS overlay district is to allow for the establishment of a business located in an historic resource with a combination of retail and food sales with a restaurant use in specific zoning districts.

B.

Applicability. The provisions of this chapter shall apply to certain specific areas designated "SS" on the official zoning map of the city, and shall be combined with the applicable underlying base district.

C.

Land use regulations. Land use regulations shall be those of the underlying base district, except that a specialty shop may be permitted subject to approval of a conditional use permit.

D.

Definition of specialty shop. A specialty shop is a business located in an historic resource with a combination of retail sales, food sales and a restaurant use. The mix of uses cannot be more than 60 percent retail and food sales and 40 percent restaurant of the floor area being used (including any storage area). The Review Authority may, upon review of the proposed project, modify the percentages of uses.

E.

Development standards. The development standards shall be those of the underlying base district except for the following: Hours of operation, signage and lighting shall be set by the conditional use permit. Any modifications to the exterior of the structure shall be subject to review and approval by the Historic Preservation Commission, except for properties owned by the California Department of Transportation (Caltrans) which are subject to oversight by the State Office of Historic Preservation or other applicable review authority.

F.

Parking and refuse storage. Parking shall be provided in compliance with Chapter 17.36, (Parking and Loading) except as follows:

The number of parking spaces shall be established through the Conditional Use Permit.

Parking shall not be allowed in the front setback or corner yard setback area.

No loading space shall be required.

No refuse storage facility shall be required.

(Ord. 7113 § 3, 2007)