Chapter 3.12 — CV CONSERVATION OVERLAY DISTRICT

The CV Conservation Overlay District is intended for property owners to initiate and implement programs for the revitalization or conservation of areas or districts possessing distinctive features, identity, or character worthy of retention and enhancement. The CV district takes effect through adoption of a plan and a set of regulations that will facilitate maintenance and upgrading of the neighborhood and development of vacant or underused lots while reducing or eliminating incompatible mixes of uses.

(Ord. 2001-015 § 1; Ord. 2020-002 § 4)

Each CV Overlay District shall include a minimum contiguous area of three acres, including intervening streets and alleys, and shall contain at least three separate parcels. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

• A. Adoption of a CV Overlay District proposal shall be by amendment to the Zoning Map, in accord with the provisions of Chapter 5.16 Amendments, but the map amendment shall not alter the use regulations or development standards of the underlying sub-district. A use permit approving a Neighborhood Conservation Plan shall be approved by the City Council at the same time as the map amendment is adopted and shall establish standards and conditions for development consistent with the purposes of the Plan.

• B. All development shall be in accordance with an approved Neighborhood Conservation Plan and the use permit, which may be amended as provided in the conditions of approval. The Planning Commission may recommend and the City Council may approve amendments to the Neighborhood Conservation Plan to allow development in accordance with the underlying zoning regulations rather than as specified by the Conservation Plan if the Commission and Council find that the Conservation Plan, as approved, is unlikely to be implemented for the site in question and if limitations on development of the site have not been recorded as a condition of approval of development elsewhere within the Conservation Plan area.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

After a duly noticed public hearing, the following changes in use regulations and development standards may be approved as part of a Neighborhood Conservation Plan:

• A. Regulations for specific use classifications may be modified by the Neighborhood Conservation Plan to accommodate unique or mixed uses serving the neighborhood consistent with the General Plan.

• B. Site development standards may be modified by the Neighborhood Conservation Plan consistent with the General Plan.

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City of San Leandro, CA

SAN LEANDRO CODE

§ 3.12.112

§ 3.12.120

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

• A. Owners of 51 percent or more of the land in an area meeting the area requirements of Section 3.12.104 Area Requirements and one or more of the criteria of Subsection C of Section 3.12.120 Adoption Procedures may file an application with the City for the designation of the area as a CV Conservation Overlay District. The application may include lots within one or more base zoning districts. The City Council or Planning Commission may initiate a Conservation Overlay District as prescribed in Chapter 5.16 Amendments.

• B. The application shall include the following:

  1. A statement of purpose and explanation of how the criteria of Subsection C of Section 3.12.120 Adoption Procedures are met.

  2. A map indicating the boundaries of all lots in the proposed Conservation Overlay District and the base district(s) contained within the proposed CV Overlay District.

  3. A Neighborhood Conservation Plan consisting of a map and such other textual and graphic material as may be necessary, indicating land uses, building types and designs, site development requirements, signing, circulation, off-street parking, and modifications in base district regulations.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

• A. The Planning Commission shall hold a duly noticed public hearing on the application in accordance with the provisions of Chapter 5.16 Amendments. Following the hearing, the Commission may recommend approval or conditional approval of the Neighborhood Conservation Plan if it implements the purposes for which designation of the CV Overlay District is proposed and is consistent with the General Plan and shall transmit the application and the plan with its recommendation to the Council.

• B. The City Council shall hold a hearing in accord with the provision of Chapter 5.16 Amendments on any application and plan transmitted to it by the Planning Commission.

• C. Following the hearing, the City Council may approve or conditionally approve a Neighborhood Conservation Plan and adopt a CV Conservation Overlay District for the area described in the application if the area meets one or more of the following criteria:

  1. Distinctive building features, such as period of construction, style, size, scale, rhythm, mass, color, and material;

  2. Distinctive features or articles associated with the streetscape, such as light fixtures and devices, signs, benches, curb markers, kiosks, and bollards;

  3. Distinctive site planning and natural features, such as lot platting, street layout, setbacks, alleyways, sidewalks, creek beds, parks, and gardens; or

  4. Distinctive land uses or land-use patterns, such as mixed or unique uses or activities, not permitted by base district regulations without modification.

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City of San Leandro, CA

OVERLAY ZONING DISTRICTS

§ 3.12.120

§ 3.12.128

• D. The City Council shall adopt each Conservation Overlay District by ordinance pursuant to Chapter 5.16 Amendments. The adopting ordinance shall include a reference to the approved Neighborhood Conservation Plan for the district, a statement of purposes, and a list of the modifications to the base district regulations.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

Each Conservation Overlay District shall be shown on the zoning map by a "-CV" designator applied to the base district designations. A reference to the enacting ordinance also shall be included on the zoning map.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

Applications for building permit for projects located in a Conservation Overlay District shall be accepted only if project plans are consistent with the adopted CV Overlay District ordinance and the approved Neighborhood Conservation Plan and all other applicable requirements of this Code and the Municipal Code.

(Ord. 2001-015 § 1; Ord. 2020-002 § 4)

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City of San Leandro, CA