Article 44 — SMALL LOT, LOW-MEDIUM OVERLAY ZONE

a) The Small Lot, Low-Medium Overlay Zone shall consist of the area lying within the following boundaries:

Commencing at the intersection of the first alley east of Arlington Avenue and the first alley south of Carson Street, thence easterly to the first alley east of Andreo Avenue, thence southerly to the first alley north of Plaza Del Amo, thence westerly to Arlington Avenue, thence northerly along Arlington Avenue to 222nd Street, thence easterly along 222nd Street to the first alley east of Arlington Avenue, thence northerly along said alley to the point of beginning.

b) The provisions of this Article shall apply to all properties within the Overlay Zone in addition to the requirements of the underlying zone, except as provided in this Article. No permits shall be issued for development in the Small Lot, Low-Medium Overlay Zone unless the requirements of this Article have been met.

c) Nothing in this Article shall be deemed to repeal or modify any provision of Article 36 of this Chapter 1, nor Section 95.3.37 pertaining to the construction or conversion of dwellings to Multiple-Owner Occupied Residential Structures.

Nothing contained in this Article shall be deemed to repeal any provision of this Code, and the requirements of all preexisting zones in existence in the area encompassed by this Overlay Zone shall be and remain in full force and effect in addition to the requirements of the Overlay Zone, except that the requirements of the Overlay Zone shall be applied where the requirements and standards contained therein are more restrictive than those of the preexisting underlying zones.

a) Upon receipt of the complete application, the Planning Director shall set a date, time and place for a public hearing thereon as soon as practicable and shall send notice thereof to the owners of land included within a three hundred (300) foot radius of the exterior boundaries of the land for which the permit is sought as shown on the last equalized assessment roll. The Planning Commission may conduct said hearing in an informal manner. The rules of evidence shall not apply. The hearing may be adjourned to a future time at the discretion of the Planning Commission without the giving of further notice, other than announcement by the Commission of the date, time and place of such adjourned meeting at the time of said adjournment.

b) The applicant shall have the burden of proving that all the requirements of this Article have been met.

c) The Planning Commission may consider all measures which are proposed by the project proponents to be included in the project and other measures that are not included but could reasonably be expected to reduce the adverse impacts of the project, if required as conditions.

a) Any development on a lot within the Small Lot, Low-Medium Overlay Zone shall be subject to a Planning Commission review, except as provided in Section 91.44.6 of this Article.

b) Nothing in this Article shall be construed to permit the Planning Commission to impose restrictions which are less restrictive than those established in this Code.

c) Nothing in this Article shall be construed to authorize the Planning Commission to impose conditions more restrictive than the express provisions of this Code when so doing would render construction on any lot impossible where such construction would be possible in accordance with the Code as written.

No construction and no remodeling or enlargement of a building or structure shall be permitted unless the Planning Commission (or City Council on appeal) shall find that the location and size of the building or structure, or the location and size of the remodeled or enlarged portions of the building or structure, or the arrangement of off-street parking spaces have been planned and designed in such a manner as to comply with the following provisions:

a) The proposed construction or remodeling will tend to preserve the neighborhood characteristics; and

b) The proposed construction or remodeling will be done in such a way as to minimize the need for a curb-cut for driveway purposes; and

c) The proposed construction or remodeling will provide two off-street parking spaces for each dwelling unit; and

d) The use intensity of the proposed construction or remodeling will be compatible with other properties in the vicinity; and

e) The proposed construction or remodeling will provide suitable open space, both in size and configuration, for the property; and

f) If the proposed construction or remodeling exceeds a floor area to lot area ratio (F.A.R.) of .5 to 1 (using outside building dimensions), such application would not be materially detrimental to the public welfare and to other properties in the vicinity; and

g) The proposed construction or remodeling will provide sufficient storage space for personal effects so that the occupants will be encouraged to use the garage spaces.

Notwithstanding the provisions of this Article, no Planning Commission review shall be required if the proposed development within the Small Lot, Low-Medium Overlay Zone is for the purpose of constructing or remodeling one or two dwelling units, provided the following requirements are met:

a) The completed dwellings, whether they are new construction or remodeled or enlarged, including the area of the garages, whether attached or detached, will not exceed a floor area to lot area ratio (F.A.R.) of .5 to 1 (using outside building dimensions).

b) There will not be any substantial demolition of the main dwelling unit. For purposes of this Section, the term "substantial demolition" shall mean demolition in excess of fifty percent (50%) of the replacement value of the said structure. For purposes of this Section, the "main dwelling" shall mean the dwelling unit which was first constructed on the lot or parcel.

c) The proposed construction or remodeling provides not less than three (3) enclosed garages, with only one (1) uncovered required parking space on the lot or parcel; provided; however, that tandem parking shall not be utilized except with the approval of the Planning Commission upon approval of a Planning Commission review.

d) No curb cut for driveway purposes is proposed on the street.