Chapter 3.20 — AU ASSEMBLY USE OVERLAY DISTRICT

In addition to the general purposes listed in Chapter 1.04 Title, Components, and Purposes, the specific purpose of the AU Assembly Use Overlay District is to provide for discretionary review of assembly uses on certain nonresidentially zoned properties which may be designated by the City Council, consistent with General Plan policies. This allows Assembly Uses, as defined in Section 1.12.108 Definitions, to be considered on nonresidentially zoned properties on a conditional use basis, beyond the residential-zoned properties for which they are already conditionally permitted. (Ord. 2007-005 § 3; Ord. 2020-002 § 4)

The AU Assembly Use Overlay District may be combined with any zoning district. It may be initiated by the City Council or Planning Commission under the procedures established by Chapter 5.16 Amendments. Each AU Overlay District shall be shown on the zoning map by adding an "-AU" to the base district designation. The zoning map also shall include a reference to the adopting ordinance establishing the AU Overlay District. (Ord. 2007-005 § 3; Ord. 2020-002 § 4)

The land use and development regulations applicable in an AU Overlay District shall be those of the base zoning district with which the AU Overlay District is combined unless modified by another overlay district or by the ordinance establishing the AU Overlay District. The requirements of the applicable AU Overlay District shall govern where conflicts arise. (Ord. 2007-005 § 3; Ord. 2020-002 § 4)

A use permit is required for any of the following actions within an AU Overlay District:

A. Establishment of any new assembly use.

B. Substantial expansion or alteration of any existing assembly use and/or structure.

C. In addition to or in lieu of a use permit, the City Council may establish other review
procedures or requirements at the time of establishment of an AU Overlay District or
necessary to assure conformance of uses and buildings with purposes and objectives of the
AU District.

D. Exceptions. The Zoning Enforcement Official may waive the requirement for a use permit
or other specified discretionary approval for the following activities, provided that any such
waiver is not inconsistent with any policy directive or review criteria incorporated in the
legislation establishing the AU Overlay District. These exceptions include alterations of
existing structures that are minor in nature or that do not add more than 10 percent to
existing floor area, and maintenance or repair of existing structures.
(Ord. 2007-005 § 3; Ord. 2020-002 § 4)

The review criteria and conditions of approval shall be as required in Sections 5.08.124 Required Findings and 5.08.128 Conditions of Approval. (Ord. 2007-005 § 3; Ord. 2020-002 § 4)

An application for approval of a use permit in an AU Overlay District shall be processed in accord with the procedures established by Sections 5.08.112 Initiation and 5.08.116 Notice and Public Hearing and any additional requirements applicable to that AU district. (Ord. 2007-005 § 3; Ord. 2020-002 § 4)

CHAPTER 3.24

N NONCONFORMING USE OVERLAY DISTRICT

The N Nonconforming Use Overlay District is intended to modify the regulations governing the required termination of nonconforming uses, as prescribed in Chapter 4.20 Nonconforming Uses and Structures, in order to promote the timely and orderly conversion to conforming use in areas that have several properties occupied by nonconforming uses. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

The N Nonconforming Use Overlay District may be combined with any base district. Where so combined, the provisions of this chapter shall apply to require termination of certain nonconforming uses, in lieu of the comparable provision of Chapter 4.20 Nonconforming Uses and Structures. The N Overlay District boundaries shall be shown on the zoning map by adding the "-N" designator to the base district regulations. A reference to the enacting ordinance also shall be included on the zoning map. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

The N Nonconforming Use Overlay District may be established only when the Planning Commission recommends and the City Council makes the following findings:

A. That the proposed district contains three or more nonconforming uses covering one-third
or more of the parcels in a prescribed area;

B. That the formation of such district would tend to reduce deterioration, blight, long-term
vacancies, or other adverse conditions in the proposed district; and

C. That the formation of such district would not be injurious to the property or to
improvements for conforming uses within the proposed district and the immediately
surrounding area.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)

The N Overlay District may be initiated by the City Council or the Planning Commission under the procedures for zoning map amendments prescribed by Chapter 5.16 Amendments. The City Council shall adopt each N Overlay District by ordinance after holding a public hearing and receiving a recommendation from the Planning Commission. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

Upon establishment of an N Nonconforming Use Amortization Overlay District, the Planning Commission shall recommend and the City Council shall adopt a time schedule for required termination for nonconforming uses within the district, which are subject to termination as provided in Section 4.20.124 Elimination of Nonconforming Uses (Abatement). In establishing the district, the Planning Commission may recommend and the City Council may provide that the district and time schedules shall apply to some or to all nonconforming uses or conditions within the district. This time schedule shall apply to nonconforming uses within the N District and shall supersede the time periods set forth in Section 4.20.124 Elimination of Nonconforming Uses (Abatement). Any ordinance enacted pursuant to this chapter shall state the applicable amortization period. In recommending and adopting such time periods, the Planning Commission and City Council shall take into consideration but not be limited to the nature of construction of the structures within the district subject to amortization, the ages of such structures, the nature of the existing zoning, and the ability to convert such structures to accommodate conforming uses. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

CHAPTER 3.28

L LANDMARK OVERLAY DISTRICT

The specific purposes of the L Landmark Overlay District are to:

A. Implement the City's General Plan with respect to the City's historical, cultural, or
architectural heritage.

B. Deter demolition, destruction, alteration, misuse, or neglect of historic or architecturally
significant buildings that form an important link to San Leandro's past.

C. Promote the conservation, preservation, protection, and enhancement of landmarks and
historic districts.

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

E. Encourage development tailored to the character and significance of each landmark or
historic district through a Landmark District Conservation Plan that includes goals,
objectives, and design criteria.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)

The L Landmark Overlay District may be combined with any zoning district. Each L Overlay District shall be shown on the zoning map by adding an "-L" designator to the base district designation. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

The land use and development regulations applicable in an L district shall be as prescribed for the base district with which it is combined unless modified by another overlay district or by the ordinance establishing the L Overlay District, provided that the requirements of the Landmark District Conservation Plan shall govern where conflicts arise.

A. Exceptions for Historic and Architecturally Significant Structures.

The Planning Commission may grant a use permit for an exception to the land use
regulations of the base district with which an L District is combined when such an
exception is necessary to permit the preservation or restoration of a historic or
architecturally significant building, structure, or site.

Applications for such use permits shall be filed with the Zoning Enforcement Official.
The Planning Commission may refer applications for an exception under this section to
the Library-Historical Commission for a report and recommendation to be submitted to
the Planning Commission. In making a decision, the Planning Commission shall make a
written finding that shall specify the facts relied upon in rendering their decision.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2024-011, 7/15/2024)

An area shall be eligible for inclusion in an L district if one or more of the following criteria are met:

A. The area possesses character, interest, or value as part of the heritage of the City.

B. The area is the location of a significant historical event.

C. The area is identified with a person or group that contributed significantly to the culture
and development of the City.

D. Structures within the area exemplify a particular architectural style or way of life important
to the City.

E. Structures within the area are the best remaining examples of an architectural style in a
neighborhood.

F. The area or its structures are identified as the work of a person or group whose work has
influenced the heritage of the City, the state, or the United States.

G. The area or its structures embody elements of outstanding attention to architectural or
landscape design, detail, materials, or craftsmanship.

H. The area is related to a designated historic or landmark building or district in such a way
that its preservation is essential to the integrity of the building or district.

I. The area's unique location or singular physical characteristics represent an established and
familiar visual feature of a neighborhood.

J. The area has potential for yielding information of archaeological interest.

K. The area's integrity as a natural environment strongly contributes to the well-being of the
people of the City.

Portions of a base zoning district that do not meet the above criteria may be included in an L
District if inclusion is found to be essential to the integrity of the district.

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

Individual buildings may be designated as historic or architecturally significant landmarks if one or more of the criteria set forth in Section 3.28.112 Criteria for Establishment of L District are met. A landmark so designated shall be eligible for the same review procedures as buildings and structures within an L District. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

Prior to filing an application for an L District, the applicant shall prepare a Landmark District Conservation Plan with the assistance of the Development Services Department. Each Landmark District Conservation Plan shall contain:

A. A map and description of the proposed district, including boundaries; the age, setting, and
character of structures; urban design elements and streetscapes; major public
improvements; and proposed objectives to be achieved.

B. A statement of the architectural or historical significance of the proposed district.

C. A list of specific alterations that should be subject to design review in order to protect the
architectural or historical character of the proposed district.

D. A set of specific performance guidelines for new construction and alterations necessary to
preserve the character of the proposed district.

E. Proposed rules and regulations for design review.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)

A. Initiation. An application for an L District or landmark designation may be initiated by the Planning Commission or City Council, or by owners of 51 percent or more of the property within the proposed district.

B. L District Application. If initiated by property owners, the application for an L District
designation shall include:

1. A proposed Landmark District Conservation Plan for the district as prescribed by
Section 3.28.120 Conservation Plan Required;

2. A form bearing the signatures of the owners of 51 percent of the land area within the
proposed district; and

3. The required fee.

C. Landmark Building Applications. An application for a landmark building designation shall
include:

1. A map showing the location of the building or structure and building plans or
photographs of the building exterior;

2. A statement of the architectural or historical significance of the building and
description of the particular features that should be preserved;

3. Except when initiated by the City, the consent of the owner or authorized agent to the
proposed designation is required. For purposes of this section, each condominium
owners' association shall be deemed the property owner of common areas. Prior to
accepting the application as complete, the Zoning Enforcement Official may request
additional information, plans, or materials deemed necessary to support the
application. Upon referral, a Library-Historical Commission public review of the
application shall be held within 60 days of the date the application is accepted as
complete; and

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

A. Neighborhood Workshop on Proposed Districts. Prior to public review of application, the Library-Historical Commission may conduct a neighborhood workshop in the proposed district to explain the proposal and the amendment process to neighborhood residents. Notice of any workshop shall be given in the same manner prescribed for zoning map amendments by Section 5.16.112 Public Hearing Scope and Notice.

B. Notice and Public Hearing. After any neighborhood workshop deemed appropriate, the
proposed district shall be the subject of public hearings before the Planning Commission
and the City Council.

C. Contents of Public Notice. In addition to the information prescribed by Section 5.16.112
Public Hearing Scope and Notice, notice of a public hearing for the establishment of an L
District or designation of a landmark shall include a statement that original petitioners have
the right to withdraw their support of the district at any time prior to the hearing, and that
property owners who have not signed the petition have the right to do so prior to the date
of the hearing.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)

A. Required Findings. In addition to the findings required by Subsection B of Section 5.16.116 Duties of Planning Commission, the Planning Commission and City Council shall find that the proposed district or landmark has a significant architectural or historical character that can be preserved and enhanced through appropriate controls on new development and alterations to existing buildings and landscaping.

B. Adoption of Conservation Plan. An ordinance establishing an L District shall include a
Landmark District Conservation Plan in the form submitted or as revised by the City
Council. The Plan's performance guidelines may modify the land use and development
regulations of the base zoning district, but shall not significantly alter the regulations. A
performance guideline shall be found to be a significant alteration of base district
regulations if it substantially prevents property from being used in accord with the
provisions of the base district or creates a substantial number of nonconforming uses or
structures.

C. Effect on Projects Initiated Prior to Effective Date. No provision of this chapter shall apply
to projects initiated prior to the effective date of an ordinance establishing an L District or
designating a landmark. Such projects shall be considered nonconforming uses, subject to
the provisions of Chapter 4.20 Nonconforming Uses and Structures. For the purposes of
this subsection, a project shall be deemed initiated if an application, plans, and materials
for concept or development plan review have been filed and accepted as complete.

D. Amendments to Adopted Conservation Plans. Procedures for an amendment to an adopted
Landmark District Conservation Plan shall be initiated in the same manner as an
application for a zoning map amendment (see Chapter 5.16 Amendments).
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)

The Building Official shall not issue a permit for construction, alteration, enlargement, or demolition of a building or structure located in an L District or of a designated landmark except in accordance with the requirements of the L Overlay District and approved Landmark District Conservation Plan. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

All property owners in L Districts and owners of designated landmarks shall have the obligation to maintain structures and premises in good repair. Structures and premises in good repair shall present no material variance in apparent condition from surrounding structures in compliance with the provisions of this chapter. Good repair includes and is defined as the level of maintenance that ensures the continued availability of the structure and premises for a lawfully permitted use and prevents deterioration, dilapidation, and decay of the exterior portions of the structure and premises. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)