Chapter 18.09 — R-40 OVERLAY ZONE

There is hereby established an overlay zone which shall hereinafter be known as and referred to as the "R-40 overlay zone" and which shall function and serve as set out in this chapter. (Ord. 1174 § 4, 2023)

• A. The R-40 overlay zone is intended to allow an integrated mix of residential and commercial uses, including stand-alone residential or commercial development.

• B. The purpose of the overlay zone is to support the development of higher density housing while promoting the development of residential uses in nonresidential areas to create a balance within the city. The purpose is to also encourage development that is pedestrian-oriented, store-frontstyle shopping, creates additional employment opportunities and accommodates more units for a diversity of multifamily housing types and housing needs such as special needs and large families.

• C. The R-40 overlay zone has the following major objectives:

  1. Implement the city's 6th cycle 2021-2029 Housing Element by facilitating residential development on identified parcels and enabling the development of affordable housing consistent with the requirements of State Government Code Article 10.6 (65580).

  2. Facilitate well-designed stand-alone residential and mixed-use development that promotes pedestrian-oriented design that creates a more vibrant and active street environment.

  3. Contribute to the city's mix of housing types.

  4. Promote a compatible mix of residential, commercial and service uses with strong functional relationships.

  5. Strengthen the city's economic base and provide employment opportunities close to home for residents of the city.

• (Ord. 1174 § 4, 2023)

• A. Relationship Between Base Zone Standards and Overlay Zone Standards. For properties within the R-40 overlay zone, the regulations allow stand-alone residential and mixed-use development as an alternative to the stand-alone base zone development allowed under the base (under-lying) zone standards.

• B. Base Zone Standards.

  1. New projects may be developed in compliance with the existing underlying base zone, provided that all standards and requirements of the underlying base zone are met.

  2. Regulations, development standards, and requirements in the underlying base zone shall continue to apply to those projects that are currently developed according to the existing standards.

• C. For legal nonconforming uses (i.e., uses that do not comply with the provisions of the base zone), the provisions in Chapter 18.54 (Nonconforming Uses) shall apply.

• D. Option to Apply R-40 Overlay Zone Development Standards. The owner or developer of any property within the R-40 overlay zone may choose to exercise the R-40 overlay development standards or continue to utilize the standards of the underlying zone. An applicant may choose to develop stand-alone multi-family developments or mixed-use within the R-40 overlay zone.

• (Ord. 1174 § 4, 2023)

Regulations governing permitted uses of land in the R-40 overlay zone are specifically set forth in Chapter 18.40 , Land Use Regulations, of this title. (Ord. 1174 § 4, 2023)

Regulations governing the development of property for uses in the R-40 overlay zone are specifically set forth in Chapter 18.42 , Property Development Regulations, of this title. (Ord. 1174 § 4, 2023)

Regulations governing off-street parking requirements for uses and development of property in the R-40 overlay zone are calculated per the land use proposed to be developed as specifically set forth in Chapter 18.44 , Off-Street Parking and Loading, of this title, except as provided below:

Minimum off-street parking requirements, inclusive of accessible parking and guest parking, shall comply with California Density Bonus Law (California Government Code Section 65915 ). (Ord. 1174 § 4, 2023)

Regulations governing permitted signs and advertising for uses and development of property in the R-40 overlay zone are permitted per the land use zone specifically set forth in Chapter 18.46 , Signs and Advertising, of this title. (Ord. 1174 § 4, 2023)