Chapter 18.54 — OVERLAY DISTRICTS

The overlay zoning districts established in this chapter are designed to supplement the use regulations and/or development standards of the applicable underlying base zoning district by recognizing distinctive areas of the city that have special and unique social, architectural, or environmental characteristics that require special considerations not otherwise adequately provided by the underlying base zone applicable to the property. The application of these overlay districts emphasizes the need for special attention in planning projects in the area governed by the overlay. The provisions of this chapter shall apply to all parcels of land located within the designed boundaries of an overlay district as illustrated on maps contained in this chapter and on the city zoning map. On the zoning map, overlay zoning districts shall be designated by their representative symbol along with the base zoning district in a format determined by the planning director. In the event of a conflict with the regulations of the underlying base zoning district and the overlay zoning district, the provisions of the overlay zoning district shall apply. (Ord. 738 § 1 (Exh. A) (part), 2013)

• A. Purpose and Intent. The PD district zoning designation is generally intended to apply to larger-scale, integrated development as a means of providing opportunities for creative and cohesive design concepts. The PD district is intended to allow modification of requirements established by other ordinances and diversification in the relationship of different uses, buildings, structures, lot sizes, and open spaces, while ensuring compliance with and implementation of the general plan. Additional objectives of the PD district include the provision of development consistent with site characteristics, creation of optimum quantity and use of open space, encouragement of good design, and promotion of compatible uses.

• B. Restriction. Unless authorized by grading permit or other entitlement, no person or entity shall grade or clear land, erect, move, or alter any building or structure on any land zoned PD district, unless in compliance with Section 18.68.080.

• C. Interim Exceptions. If any land has been zoned PD district, the following may be approved without any additional entitlement approvals:

  1. Single-Family Detached Dwelling. One detached single-family dwelling may be constructed without being subject to the requirements of this chapter where it is established to the satisfaction of the planning director that the vacant parcel of land on which the dwelling would be constructed was legally created and that the parcel and the proposed dwelling is consistent with the general plan and zoning regulations applicable to single-family residential uses.

  2. Nonconforming Use. Until a final development plan is approved, any nonconforming use lawfully existing at the time of the adoption of the PD district zoning may be continued, repaired, or rebuilt in accordance with Chapter 18.94. Thereafter, the terms of the final development plan shall control such use.

• D. When Required. PD district zoning may be requested by an applicant for any use (e.g., residential, commercial, industrial, etc.) allowed by the general plan. Further, PD district

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zoning may be required by the city for any use.

• E. Residential Density. To determine the consistency of a project's residential density with the general plan, the net development area used to calculate density shall exclude areas set aside for churches, schools, commercial uses, or other nonresidential uses, but shall include areas set aside for streets, common open space, outdoor recreation areas, and parks.

• F. Application and Processing Requirements. Application within a PD overlay shall require the submittal of a planned development (PD) entitlement application as required in Section 18.20.020 (Planned development).

• (Ord. 738 § 1 (Exh. A) (part), 2013)

• A. Purpose and Intent. The purpose and intent of this chapter is to promote public health and safety, and the educational, cultural, economic, and general welfare by providing for the identification, protection, enhancement, perpetuation, and use of improvements, buildings, structures, signs, objects, features, sites, places, and areas within the city that reflect special elements of Patterson's historical, architectural, and aesthetic character and heritage.

• B. Planning Commission. The city planning commission is designated to be the official authority for the administration of this chapter, in accordance with the powers and duties and subject to such exceptions as hereinafter set forth. The planning commission shall obtain professional technical expertise in the area of historic preservation from established organizations, institutions, public agencies, or other commissions as required.

• C. Powers and Duties. The commission shall have the following powers and duties:

  1. Establish criteria for, conduct, and keep current a comprehensive register of historic and cultural resources within the boundaries of the city.

  2. Follow guidelines for the designation of landmarks, landmark sites, and historic overlay sites, subject to the provisions of Section 18.70.060.

  3. Pursuant to this chapter, review design plans, building permit plans, and/or other applications for permits for construction, alteration, modification, remodeling, or demolition of designated historic or cultural resources.

  4. Review and comment upon the conduct of land use, housing and development, municipal improvements, and other types of planning and programs undertaken by any other agency of the city, the county, or the state as they relate to the historic and cultural resources of the community.

  5. Consider the ideas and recommendations of civic groups, public agencies, and citizens interested in historic preservation.

  6. Cooperate with local, county, state, and federal governments in the pursuit of the objectives of historic preservation, including the oversight of development of adjacent and nearby properties, which development may be materially detrimental to the preservation of historic preservation or context, or historic views within the community.

  7. Render advice and guidance, upon the request of the property owner, occupant, or

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other interested person or organization, on the restoration, alteration, development, decoration, landscaping, or maintenance of any historic or cultural resource, including landmark, landmark site, historic district, historic views or context, or neighboring or nearby property within public view.

• D. Historic Designation Criteria. For the purposes of this chapter, an improvement may be designated a historic landmark or historic site by the city council, and any area within the city may be designated a historic district by the city council if it substantially meets the following criteria and is at least fifty years old:

1. It exemplifies or reflects special elements of the city's cultural, aesthetic, or architectural history; or

   2. It is identified with persons or events significant in local, state, or national history; or

   3. It embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship; or

   4. It is representative of the notable work of a builder, designer, or architect; or

   5. Its unique location or singular physical characteristics represent an established and familiar visual feature of the city; or

   6. Its relationship to any other historic landmark or historic site, if its preservation is essential to the integrity of the other historic landmark or historic site.

• E. Historic Designation Procedure. Historic landmarks, historic sites, and historic districts shall be established by the city council in the following manner:

  1. Any person may request the designation of an improvement as a historic landmark or the designation of a historic site or historic district by submitting an application for such designation to the planning director. The planning commission or city council may also initiate such proceedings on their own motion. The application shall include the following data:

     • a. Assessor's parcel number of the site or legal description;

     • b. Description detailing the proposed landmark's, site's, or district's special elements of aesthetic, cultural, architectural, artistic, or other interest or value of an historic nature;

     • c. Sketches, drawings, elevations, photographs, or other descriptive materials;

     • d. Statement of estimated condition of structures or sites; and

     • e. Other materials or information requested by the planning director or planning commission.

  2. The planning director shall have a study conducted of the proposed designation and prepare a report with a recommended preliminary determination, based on such documentation as may be required, as to its appropriateness for consideration.

  3. A public hearing shall be held by the planning commission to consider the

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recommended preliminary determination and the merits of the application. A notice of such hearing shall be given as provided by state law.

4. Following the public hearing on the application, the planning commission shall make a recommendation to the city council of approval in whole or in part, or disapproval in whole or in part. A report shall be made to the city council, including the determination made by the planning commission, and shall contain all relevant descriptions and materials relating to the property or properties to be considered for designation.

ng on the application, the planning commission shall make a recommendation to the city council of approval in whole or in part, or disapproval in whole or in part. A report shall be made to the city council, including the determination made by the planning commission, and shall contain all relevant descriptions and materials relating to the property or properties to be considered for designation.

5. The city council, within thirty days of receipt of the recommendations from the planning commission, shall hold a public hearing to consider the recommendations and application. A notice of such hearing shall be given as provided by state law. After conclusion of such hearing, the city council shall, by ordinance, approve the application in whole or in part, or shall, by motion, disapprove the application in its entirety.

6. Should the city council approve the historic designation, the city council may adopt, by ordinance, a historic preservation overlay zone for the designated property or properties.

7. The city clerk shall notify the building official of any official designation adopted by ordinance by the city council. The city clerk shall also file with the county recorder of Stanislaus County a certified copy of the ordinance together with a notice briefly stating the fact of said designation and a statement explaining that demolition, alteration, or relocation of the structure is restricted, and a reference to this section authorizing the recordation. The city clerk further shall mail a copy of the ordinance approving said designation or an official notice stating disapproval of said designation, to all applicants and the owners and occupants of the proposed designated historic site or historic landmark or the owners and occupants of all properties within the proposed designated historic district, and to any other person who requests a copy.

8. Failure to send any notice by mail to any property owner where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed designation. The commission and council may also give such other notice as they may deem desirable and practical.

9. No building, alteration, demolition, or removal permits for any improvement, building, or structure within a proposed historic district or relative to a proposed historic site or historic landmark shall be issued while the application therefor is pending. Exceptions may be considered in case of hardship as defined in this chapter.

• F. Zoning Regulations. The historic preservation overlay district (HP) is intended to be an overlay zone to the other zoning districts within the city, and to provide for additional review and property development standards for those areas, structures, or improvements which reflect Patterson's heritage as may be defined in this chapter. The following property development standards shall apply to all land, buildings, structures, and improvements within the HP district.

  1. The property development standards of the base zone district shall apply if such standards do not conflict with the purpose and intent of this chapter.

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• G. No building permit shall be issued nor any building, alteration, demolition, or removal of any improvements shall occur until such permits are approved in accordance with this chapter.

• H. Alteration Permits. It is unlawful for any person to tear down, demolish, construct, alter (utilizing materials not compatible with existing or original materials), remove, or relocate any improvement, or any exterior portion thereof which has received a historic designation, or to alter in any manner any exterior architectural feature of such a historic designated site, landmark, or improvement, including, but not limited to, roofs, eaves, fascia and siding, masonry walls and supports, porches, landings, outside stairs, columns, windows and frames, and auxiliary buildings, without first obtaining approval to do so in the manner provided in this chapter.

• I. Alteration Permit Submittal Procedure. The following procedures shall be followed in processing applications for permit approval for work covered by this chapter:

  1. The building official shall report any application for a building permit to work on a designated historic site, landmark, improvement, or historic district to the planning director.

  2. If no building permit would otherwise be required pursuant to this code, application for approval to pursue work on a designated historic site, landmark, improvement, or within a historic district shall be made to the planning director, who will then present such applications to the commission.

  3. All such applications shall be accompanied by the following:

     • a. A clear statement of the proposed work;

     • b. Plans describing the size, characteristics, and appearance of the proposed work and its relationship to adjacent structures, if any;

     • c. A site plan showing all existing buildings and structures and the proposed work;

     • d. Reasons for the proposed work, or demolition if demolition is proposed;

     • e. Property owner's concurrence, if applicant is not the property owner; and

     • f. Any other materials considered by the planning director or planning commission to be reasonably necessary for the proper evaluation of the proposal.

  4. The planning commission shall hold a public hearing on the application. Notice of such hearing shall be given as required by state law. The planning commission shall complete its review and make a decision within fifty days of the date of receipt of the completed application.

• J. Alteration Permit Approval Criteria. The planning commission, or the city council upon appeal, may approve, approve with modifications, or disapprove an alteration permit based on the following and criteria pursuant to Section 18.70.050. Prior to approval, or approval with modifications, the planning commission, or the city council upon appeal, shall find that:

  1. The action proposed is consistent with the purposes of this chapter;

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2. The action proposed will not detrimentally alter, destroy, or adversely affect any exterior architectural feature, or character of a historical site, building, landmark, structure, district, or improvement;

3. In the case of construction of a new improvement, building, or structure upon a historic site, the exterior of such improvements will not adversely affect and will be compatible with the external appearance of existing designated improvements, buildings, structures, and features on and around said site; and

4. If applicable, the applicant has demonstrated that the action is necessary to correct an unsafe or dangerous condition on the property.

• K. Ordinary Maintenance and Repair. Nothing in this chapter shall be construed to prevent any and all reasonable uses of any property or properties covered by this chapter as are not in conflict with the purposes of this chapter, including the ordinary maintenance or repair of said property that does not involve a change in design, materials, or external appearance thereof.

• L. Unsafe or Dangerous Conditions. Nothing in this chapter shall be construed to prevent any measures of construction, alteration, or demolition necessary to correct the unsafe or dangerous condition of any structure, or feature or part thereof, covered by this chapter, where such condition has been declared unsafe or dangerous by the building official or the fire marshal, and where the proposed measures have been declared necessary by such officials to correct such condition; provided, however, that only such work as is reasonably necessary to correct the unsafe or dangerous condition may be performed. In making a determination as to whether such work is reasonably necessary as aforesaid, the above mentioned officials may refer to, and be guided by, the State Historical Building Code as the same may from time to time be amended, revised, or replaced.

• M. Duty to Keep in Good Repair. The owner, occupant, or other person in actual charge of a historic or cultural resource, site, building, structure, or improvement shall keep in good repair all of the exterior portions of such site, building, structure, or improvement, and all interior portions whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature. It shall be the duty of the building official to enforce this section.

• N. Certificate of Hardship. The planning commission need not disapprove an application for permit to carry out any proposed action in a historic district, or on a historic landmark, building, structure, or site, if the applicant has demonstrated to the planning commission that denial of the application will result in immediate, undue, or substantial hardship (economic, financial, or otherwise). In determining whether extreme hardship exists, the planning commission shall consider, among others, the following criteria:

  1. Whether denial of the application will diminish value of the subject property so as to leave substantially no value.

  2. Whether reasonable utilization of the property is prohibited or impractical.

3. If a hardship is found to exist under this section, the planning commission may make a finding to that effect, and shall specify the facts and reasons relied upon in making such finding. Such finding may be appealed to the city council.

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• O. Historical Preservation Contracts. Any owner of a property which has been granted a city historic designation shall be eligible to apply for the property tax incentive program through the use of a historic property contract pursuant to Sections 50280 through 50290 of the California Government Code. All applications filed for historical preservation contracts shall be considered by the planning commission at a public hearing. The recommendation of the planning commission shall be forwarded to the city council for consideration at a public hearing.

• (Ord. 738 § 1 (Exh. A) (part), 2013)

• A. Purpose and Intent. The purpose of the mixed-use (MU) district is to provide special flexibility within areas zoned for commercial or office development to allow for the addition of residential development. All base zoning districts listed in Chapter 18.42 (Commercial and Medical/Professional Office Districts) are eligible for the mixed-use (MU) overlay.

• B. Applicability. The mixed-use district applies to areas of the city indicated on the zoning map by the reference letters "MU" after the reference letter(s) identifying the base zoning district.

• C. Development Standards. The following provisions are applicable to properties designated MU:

  1. Residential density shall be permitted up to twenty-four dwelling units per net site acre (in addition to any commercial square footage).

  2. Residential units may be provided in addition to other development permitted or conditionally permitted on the project site.

  3. Residential units may be provided on upper levels of commercial and/or office buildings or may be located in a separate building adjacent to commercial and/or office structures.

  4. No more than fifty percent of all ground floor buildings may be residential development.

  5. An additional twelve feet of additional building height above the specified height limit is permitted within the applicable zoning district.

• (Ord. 738 § 1 (Exh. A) (part), 2013)

• A. Purpose and Intent. The purpose of the mixed-use hillside (MUH) district is to provide special hillside development standards within the mixed-use hillside (MUH) district as designated by the general plan.

• B. Applicability. The mixed-use hillside district applies to areas of the city indicated on the zoning map by the reference letters "MUH" after the reference letter(s) identifying the base zoning district.

• C. Integrated Development. Provisions of Chapter 18.74 (Integrated Development) may be used to combine adjacent open space, residential and other parcels to reduce impacts on

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hillsides.

• D. Establishment of Slope Zoning Limitations. All property with the MUH designation shall be analyzed to categorize hillsides into five slope categories and establish limits on development, as follows:

  1. Slope Zone 1 (Five Percent Natural Slope or Less). This is not a hillside condition. Grading with conventional fully padded lots and terracing is acceptable.

  2. Slope Zone 2 (Five Percent to 7.99 Percent Slope). Development with grading is permitted in this zone, but existing landforms must retain their natural character. Padded building sites are permitted; however, techniques such as contour grading, combined slopes, limited cut and fill, and split-level architectural prototypes, or padding for the structures only, may be required to reduce grading.

  3. Slope Zone 3 (Eight Percent to 14.9 Percent Slope). This is a hillside condition. Special hillside architectural and design techniques that minimize grading are required in this zone. Architectural prototypes are expected to conform to the natural landform by using techniques such as split-level foundations of greater than eighteen inches, stem walls, stacking, and clustering.

  4. Slope Zone 4 (Fifteen Percent to 29.9 Percent). Development within this zone is limited to no more than the less visually prominent slopes and then only where it can be shown that safety, environmental, and aesthetic impacts can be minimized. The use of larger lots, variable setbacks, and variable building structural techniques such as stepped or pole foundations are expected. Structures shall blend with the natural environment through their shape, materials, and colors. Impact of traffic and roadways is to be minimized by following natural contours or using grade separations.

  5. Slope Zone 5 (Thirty Percent and Over). This is an excessive slope condition and development is prohibited, unless all the following are satisfied: (a) at least seventyfive percent of the lots or parcels that are the subject of the development application are surrounded by lots or parcels improved with structures; (b) the proposed project is determined to appropriately address slope stability and other geological factors of the site and (c) vegetation fuel management for wildfire protection can be achieved and maintained.

• (Ord. 738 § 1 (Exh. A) (part), 2013)

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City of Patterson, CA