Article 15.04.304 — INTERIM STUDY OVERLAY DISTRICT

In addition to the general purposes listed in Article 15.04.101, the specific purpose of the -IS Interim Study Overlay District is to allow discretionary review of development proposals in areas where changes in zoning regulations are contemplated or under study.

An IS district may be initiated as prescribed by Article 15.04.814 or established in an ordinance amending Chapter XV. Prior to approving an amendment reclassifying land to a future IS district, the Planning Commission and City Council shall approve a study plan that identifies regulatory problems and states land use and development issues to be resolved for the area proposed for reclassification. The IS district may be combined with any base district. Each IS district shall be shown on the zoning map with an "-IS" designator, numbered and identified sequentially by order of enactment and reference to the enacting ordinance.

Three IS overlay districts are established by Ordinance 16-16, carrying forward designations in prior Interim Zoning Regulations. These include lands where the pre-existing zoning district has been deemed inappropriate under the General Plan and assignment of a new classification and new zoning awaits completion and Council adoption of a specific plan or other planning and zoning study.

A.

IS-1 includes the Form-Based Code study area which includes Downtown Richmond and adjacent mixed use corridors;

B.

IS-2 includes the Richmond Bay Specific Plan study area; and

C.

IS-3 includes the Point Molate study area, where the City Council has initiated a review of appropriate zoning, development standards and related open space for General Plan implementation in the context of the Point Molate Reuse Plan.

These IS designations will expire no later than December 30, 2019, unless extended by action of the City Council, or rescinded early with Council action on the specific plan or other planning and zoning study.

(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018)

A.

Use Permit Required. Approval of a conditional use permit or, in the case of the IS-1 and IS-2 overlay districts, an administrative use permit shall be required for establishment of a new use or expanded use adding more than 10 percent to the existing floor area in a building in an IS district, and may be approved for any use classification permitted or conditionally permitted in the base district with which the IS district is combined. In addition, within IS-2, limited industrial development is permitted in an existing building, consistent with the base zoning. Minor additions to such buildings of up to 10 percent of existing floor area are allowed without discretionary review beyond that required for a building permit or design review. Repairs and maintenance also is allowed as may be necessary to comply with existing City codes and ordinances or to strengthen or restore to a safe condition any building, structure, or part thereof declared to be unsafe by the Director of Planning and Building Services or any other City official charged with the responsibility of protection of public health, safety and welfare. It is not the intent of this provision to hamper economic development and job creation, so uses permitted under the Planning Commission recommended Richmond Bay Specific Plan only require zoning compliance review in the IS-2 overlay district, not a use permit.

B.

Required Findings. In addition to the findings required for use permits by Article 15.04.806 and additional findings that may be required for specific use classifications, approval of a conditional use permit in the IS district shall require a finding that the proposed use will not conflict

with the land use and development policies established for the area in the General Plan and being considered in proposed specific plans or other planning and zoning studies.

Development regulations for the IS district shall be specified by a use permit or shall be those of the base district with which the IS district is combined.

An ordinance establishing an IS district shall contain a provision terminating the IS designation one or two years from its effective date. An ordinance establishing an IS district may be amended, reenacted, or superseded by a zoning map amendment adopted as prescribed by Article 15.04.814.

Notwithstanding the provisions of Article 15.04.806, a conditional use permit application that has been denied, or approved subject to conditions unacceptable to the applicant, may be resubmitted on or after the effective date of zoning map or regulation amendments superseding an IS district designation.

ARTICLE 15.04.305 - NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT

The purpose of the -NC Neighborhood Conservation Overlay District is to provide the revitalization or conservation of older residential areas or districts possessing distinctive features, identity, or character worthy of retention and enhancement. The -NC Overlay District takes effect through adoption of a Zoning Map amendment and a Neighborhood Conservation Plan and a set of guidelines that will be used during development review and design approval to facilitate maintenance and protection of the neighborhood character and the development of vacant or underused lots.

Each -NC Overlay District shall include a minimum contiguous area of 15 acres, including intervening streets and alleys, and shall contain at least 25 separate lots.

A.

Residential development in the proposed district must have begun at least 25 years prior to date the Neighborhood Conservation Overlay District is proposed.

B.

At least 75 percent of the land within the proposed boundaries for the district must be developed.

C.

The area must possess unifying distinctive elements of a built environment that create an identifiable setting, character and association.

An -NC Neighborhood Conservation Overlay District designation may be applied to any area of the City eligible for designation and combined with any base zoning district. Each -NC designation shall be shown on the Zoning Map by adding an -NC designator to the base zoning district designation followed by the number of the Overlay District designation, based on its order of adoption with reference to the enacting ordinance.

If initiated by residents, an application shall be submitted pursuant to Article 15.04.814 (Amendments to Zoning Map and Text). Prior consultation with the Neighborhood Council is encouraged so their comments can be incorporated into a proposed Neighborhood Conservation Plan.

Each Neighborhood Conservation Plan shall contain:

A.

A map and description of the proposed district, including boundaries; the age, setting, and character of housing; distinctive elements of neighborhood and streetscapes; and proposed objectives to be achieved through the plan;

B.

A statement of the unique character of the proposed -NC Neighborhood Conservation Overlay District and the reasons why the land use regulations and development standards of the base zoning district(s) will not conserve that character;

C.

A list of specific modifications to base district land use regulations and development standards and any additional design standards that are necessary protect the unique neighborhood character of the proposed district; and

D.

A set of specific development and design guidelines for new construction and alterations necessary to enhance the district's identity and preserve the character of the proposed district.

Adoption of an -NC Overlay District shall be by amendment to the Zoning Map pursuant to Article 15.04.814 (Amendments to Zoning Map and Text), and shall include concurrent approval of a Neighborhood Conservation Plan, which shall be approved by the City Council by resolution at the same time as the Zoning Map amendment is adopted. The plan shall establish standards and conditions for development consistent with the purposes of the plan and may include the following changes in land use regulations and development standards established by the underlying base district(s).

A.

Preliminary Review; Study Session and Neighborhood Workshop. The Planning Commission shall consider the proposed -NC Overlay District designation, at a study session, and determine whether to proceed with a neighborhood review process. If the Planning Commission directs City Staff to initiate a neighborhood review process, City staff shall conduct a neighborhood workshop on the proposed district to explain the proposal and the amendment process to neighborhood residents and to solicit community input.

B.

Public Hearing. After the neighborhood workshop, the proposed -NC Neighborhood Conservation Overlay District and Neighborhood Conservation Plan shall be the subject of a public hearing before the Planning Commission and, after the Commission acts, the City Council.

C.

Required Findings. In addition to the findings for the approval of a rezoning, a rezoning to apply the -NC Neighborhood Conservation Overlay District designation shall require that the Planning Commission and City Council shall also find that the proposed district has a significant neighborhood character that can only be conserved and enhanced through appropriate controls on new development and alterations to existing buildings and landscapes as contained in the proposed Neighborhood Conservation Plan.

All permitted and conditional uses that are allowed in the underlying base district are allowed in the Neighborhood Conservation Overlay District unless specific limitations or prohibitions are imposed in a Neighborhood Conservation Plan to protect neighborhood character.

A.

Maximum Residential Density.

1.

The maximum residential density shall be specified in the Neighborhood Conservation Plan. This density may be less than the maximum set in the General Plan if a lower density is needed to ensure land use compatibility and minimize adverse impacts associated with infill development.

2.

In the event of conflicts with an underlying base zoning district, the maximum density in Neighborhood Conservation Plan shall control.

B.

Setbacks for Yards. Subject to any other applicable overlay district, the minimum setbacks shall be those specified in the Neighborhood Conservation Plan. If the minimum setbacks in the underlying base zoning district conflicts with the minimum setbacks in the Neighborhood Conservation Plan, the Neighborhood Conservation Plan shall control. Whenever a Neighborhood Conservation Plan fails to specify a setback, the setback standards of the underlying base zoning district shall be applied.

C.

Height. Subject to any other applicable overlay district, the maximum heights shall be those specified in the Neighborhood Conservation Plan. This maximum height may be less than the maximum set in the General Plan if a lower height is needed to ensure land use compatibility and minimize adverse impacts associated with infill development. If the maximum heights in the underlying base zoning district conflicts with the maximum heights in the Neighborhood Conservation Plan, the Neighborhood Conservation Plan shall control. Whenever a Neighborhood Conservation Plan fails to specify a height, the height standards of the underlying base zoning district shall be applied.

All lots and structures existing at the time that the Neighborhood Conservation Overlay District is adopted shall not be deemed a zoning nonconformity solely because of this Overlay District. For example, replacement of existing structures with like structures that otherwise conform to the requirements of the underlying zoning district are allowed. All additions, changes, expansions, and alterations to such existing structures must comply with the regulations of the Neighborhood Conservation Plan unless the Planning Commission approves a modification to the proposed addition, change, expansion or alteration under Article 15.04.809 (Waivers).