Chapter 28.45 — S-D SPECIAL DISTRICT ZONE

Land classified in an S-D Zone shall also be classified in a basic zone and the following regulations shall apply in the S-D Special District Zone unless otherwise provided in this chapter. (Ord. 3559, 1972; Ord. 3710, 1974)

These regulations are designed and intended to provide a method of increasing particular zoning standards in a certain area or neighborhood in the community wherein the Planning Commission finds that the standards contained in the basic zone or zones in which the land is classified are not sufficiently restrictive to assure appropriate development in that area or to protect the residents therein against inappropriate land uses or activities otherwise permitted in the basic zone category. These regulations are further designed and intended to be used only in circumstances where the standards to be affected by the special district zone are a minor portion of the total standards applicable to the basic zone so that rezoning of the area to another basic zone category to achieve the desired results would introduce other inappropriate standards. (Ord. 3559, 1972; Ord. 3710, 1974)

• A. The standards required by any S-D Zone shall in no case be less restrictive than the comparable standard required in the basic zone in which the land is classified. In the event that there be no comparable standard in the basic zone, the Planning Commission shall find that the S-D Zone standard in no way permits development or use of land which is in any way more intense than that permitted by the basic zone.

• B. Each special district zone hereafter created shall be designated by the letters S-D followed by a number for the purpose of identifying the particular standards required in each S-D Zone. These special standards shall be contained in separate sections of this chapter.

• (Ord. 3559, 1972; Ord. 3710, 1974)

• A. Location. The S-D-1 Zone is applied to the San Roque Park Subdivision, which is located northerly of State Street between San Roque Road and Ontare Road.

• B. Legislative intent. It is the purpose of the S-D-1 Zone to require front setbacks greater than those required in the base zones in which lots in the San Roque Park Subdivision are classified. The San Roque Park Subdivision was created in 1926, at which time a deed restriction was imposed requiring that buildings be set back at least 40 feet from the front property line. This restriction was in effect until 1941, at which time it expired. Development since 1941 has largely respected this increased front setback, in spite of the fact that the Zoning Ordinance requirements are less restrictive. A majority of the property owners in the San Roque Park Subdivision have expressed the desire for the City, through zoning, to increase the front setback requirement in this area to conform with the original deed restrictions.

• C. S-D-1 Standards.

  1. Front setback. There shall be a front setback of not less than 40 feet in depth, with the following exceptions:

     • a. For front yards abutting San Roque Road or Ontare Road, or any front yard abutting that portion of Canon Drive where land on both sides of the streets is not classified in the S-D-1 Zone category, the front setback shall be as provided in the base zone.

     • b. Any front yard abutting Madrona Drive shall provide a front setback of not less than 30 feet in depth.

2. Interior setback. The interior setback requirement shall be as provided in the base zone. (Ord. 3578, 1973; Ord. 3710, 1974; Ord. 5459, 2008)

• A. Location. The S-D-2 zone is applied to the "Upper State Street Area" which is defined as the area bounded by Alamar Avenue, U.S. Highway 101, Foothill Road and State Highway 154.

• B. Legislative intent. It is the purpose of the S-D-2 Zone to impose certain traffic related restrictions greater than those provided in the base zones in which lots in the "Upper State Street Area" are classified. State Street is the only major east-west surface street serving the Upper State Street Area and it is one of the most heavily traveled streets in the City. In order to prevent the volumes of traffic on State Street from exceeding acceptable limits and to limit increased air pollution, due to vehicular traffic, it is necessary to impose the traffic related restrictions contained in this section on new developments in the area. In order to ensure the appropriateness of developments in said area, and the mitigation of traffic impacts where possible, it is necessary that development plans for said developments be reviewed.

• C. Development potential. Notwithstanding any provision of law to the contrary, no application for a land use permit for a nonresidential construction project will be accepted or approved on or after December 6, 1989 unless the project complies with the provisions outlined in Development Plan Approval, Chapter 28.85 .

• D. Standards. The following standards shall apply to all projects in the S-D-2 Zone:

  1. Parking Requirements. Off-street parking shall be provided as required in Chapter 28.90 of this title.

  2. Drive-through Facilities. No building or structure hereafter erected, reconstructed, structurally altered or enlarged in the S-D-2 Zone shall be designed or used, in whole or in part, as a motor vehicle drive-through facility. As used herein, "motor vehicle drive-through facility" means a commercial building or structure or portion thereof which is designed or used to provide goods or services to the occupants of motor vehicles.

Such term shall include, but not be limited to, banks and other financial institutions, fast food establishments, and film deposit/pick-up establishments, but shall not include drive-in movies, gasoline stations, or car wash operations.

3. Building Height. Three stories not exceeding 45 feet and not exceeding the total floor area of a two-story building (30 feet) which could be constructed on the lot in compliance with all applicable regulations.

4. Front Setbacks. A front setback of not less than the indicated distance shall be provided between the front lot line and all buildings and structures on the lot as follows:

   • a. One-story building or structure not exceeding 15 feet of building height: 10 feet

   • b. Two- or three-story building or structure or any one story building or structure in excess of 15 feet of building height: 20 feet

(Ord. 3979, 1979; Ord. 3989, 1979; Ord. 4015, 1979; Ord. 4361, 1985; Ord. 4670, 1991; Ord. 4696, 1991; Ord. 4896, 1994; Ord. 5459, 2008; Ord. 5609, 2013)