Sec. 26-59. - Hillside overlay.

(a)

Purpose. It is the intent of the City that undeveloped land designated as being within the hillside overlay zone, be developed according to the guiding principles and standards of this division in order to accomplish the following:

(1)

To assure the orderly development of hillside areas.

(2)

To achieve land use densities that are in conformance with the General Plan; however, the uniformity of these densities will be modified by, (1) prohibiting development on excessively steep slopes and (2) permitting "density transfers" in order to achieve specific economic, energy, environmental and aesthetic objectives.

(3)

To promote a development pattern that balances economics with environmental concerns, and private property rights with the public interest.

(4)

To assure land planning and development patterns that take into account the cost-benefits of alternative designs upon City services and fiscal resources.

(5)

To assure development patterns that will minimize the utilization of the critically scarce resources, water and energy.

(6)

To encourage hillside development that will leave a residual amount and pattern of undeveloped land, to form the nucleus of a viable open space system in the San Jose Hills.

(7)

To assure the placement of hillside development so that the open space will coincide with areas of critical environmental concern and/or recreational opportunity.

(8)

To assure that well-designed residential development occurs, that is compatible with the site and the adjacent hillsides.

(9)

To assure that hillside development demonstrates a concern for the view of the hills as well as the view from the hills to retain the sense of identity and image that these hill areas impart to the City and its environs.

(10)

To assure that streets, public utilities and facilities are designed and constructed in an orderly, well managed, planned manner; with each development taking into consideration its impact on existing and future development in the area.

(b)

Application.

(1)

Hillside areas shall be designated on the zoning map by an "H" overlay zone. The provisions of the base zone shall apply except that the provisions of this article shall supersede conflicting provisions of the base zone.

(2)

Before the "H" overlay zone is applied to, or removed from, the zoning map, the Planning Commission shall hold a hearing and based on the evidence presented, the commission shall determine whether the area should be so designated/undesignated. Notice of such hearing shall be in the manner prescribed in this chapter.

(c)

Procedure.

(1)

The developer of any proposed development in the hillside (H) overlay zone that involves a division of land, shall submit: (1) a site plan; (2) exterior elevations of the residences; and (3) a scale model for any

subdivision in conjunction with the tentative map. The site plan will be reviewed for compliance with this division, the subdivision map act, the General Plan, applicable specific plans, this chapter, grading ordinances, etc.

(2)

Site plans shall include:

a.

The location of the dwelling units on the building pads;

b.

Delineation of the planted and unplanted portions of the site;

c.

Fire trails/roads;

d.

Structures in the open space areas; and

e.

Any other information the planning division deems is necessary for review.

(3)

No division of land or site plan shall be approved which does not accommodate or provide for sewage disposal and water capacity sufficient to permit an extension of the facilities to serve other adjacent areas which are affected by the division of land or site plan.

(4)

In addition to the above, the following reports shall be submitted for staff and Planning Commission review when a development site falls within a hazardous geologic area as defined by the adopted seismic safety element of the General Plan:

a.

An engineering geologic investigation based on the most recent grading plan and including adequate description of the geology of the site and conclusions and recommendations regarding the affect of geologic conditions on the development.

b.

A soils engineering investigation based on the most recent grading plan and including data regarding the nature, distribution, and strength of soils, conclusions, and recommendations for grading procedures, and design criteria for corrective measures.

(d)

Slope computation.

(1)

The average slope of a lot or parcel shall be calculated for the purposes of this division according to the formula: S = 100IL/A

a.

Where:

S is the average slope in percent.

I is the contour interval in feet.

L is the combined length of contour lines in scale feet.

A is the gross area in acres of the parcel or as applicable.

b.

In measuring the slope, a topographic base map shall be used which meets the requirements for tentative maps as specified in the City's subdivision ordinance. Measurement along contours shall be made at contour intervals not to exceed ten (10) feet.

(e)

Prohibitions on development of excessive slopes. Any substantial portion of hillside area over forty-five (45) percent slope must be left in an essentially natural, ungraded state. Furthermore, it is intended that minimal grading be performed on slopes in excess of thirty-five (35) percent, wherever possible.

(f)

Permitted density. The maximum density of any one (1) property within the hillside (H) overlay zone shall be one (1) dwelling unit per gross acre. This maximum density may not be obtained on sites containing extensive areas of steeply sloped terrain.

(g)

Density transfer.

(1)

The number of residential units permitted a property (based on one (1) dwelling unit per gross acre) may be transferred and concentrated to a portion of the site when the criteria outlined below occur. The minimum lot size, in such case, shall be twenty thousand (20,000) square feet. The residual open space areas, which are to remain free of residences, shall conform to the standards outlined in section 26-59(j).

(2)

The density transfer shall be applied to all hillside (H) properties where:

a.

A density transfer will substantially lessen the per unit utility and improvement costs to the developer and to the prospective homebuyer.

b.

A density transfer will substantially lessen the service costs.

c.

A density transfer will preserve substantial portions of the hillside critical for natural processes, scenic beauty, wildlife habitat etc., in an essentially natural state.

d.

A density transfer will leave substantial portions of the site ungraded.

(3)

It is the intent of this section, that hillside (H) properties utilize the density transfer wherever it is feasible to do so.

(h)

Design standards for lots utilizing density transfer.

(1)

The following standards will be adhered to for proposed divisions of land in the hillside (H) overlay zone, that are transferring density. Modifications of these standards will only be permitted where it can be demonstrated to the Planning Commission that strict interpretation of such standards will prove to be impractical due to the variable nature of hillsides and shall not be detrimental to the environment:

a.

The minimum lot size shall be twenty thousand (20,000) square feet.

b.

The minimum lot width shall be eighty (80) feet and the minimum lot depth shall be one hundred twenty-five (125) feet.

c.

The setback standards shall conform to those of the underlying zone. Variable front yard setbacks may be required where pad size and other environmental considerations permit.

d.

Building design shall be compatible to the specific site, the hillside, and neighboring developments.

e.

Structures, eaves or any building appurtenance overhanging slopes shall be prohibited and shall have a clear twenty-five-foot setback from location of slope unless waived by the City building and fire departments.

f.

Roofing shall be of a noncombustible material as defined in the most current edition of the Uniform Building Code unless appealed to and waived by a committee consisting of the Community Development Director or their designee, building official, and the fire chief, or their respective deputies or assistants when so authorized. An appeal of the committee's decision to the Planning Commission and then City Council may be taken by filing a written notice of appeal with the City clerk, together with a thirty dollar ($30.00) appeal fee.

(i)

Design standards for lots not utilizing density transfer.

(1)

The following standards will be adhered to for all proposed divisions of land in the hillside (H) overlay zone, that are not transferring density in accordance with section 26-59(g).

a.

Minimum lot size shall be one (1) acre (forty-three thousand five hundred sixty (43,560) square feet). Lot dimensions, setback standards, maximum building coverage and other zoning requirements shall conform to Area District V standards.

b.

Structures, eaves or any building appurtenance overhanging slopes shall be prohibited and shall have a clear twenty-five (25) foot setback from location of slope unless waived by the City building and fire departments.

c.

Roofing shall be of a noncombustible material as defined in the most current edition of the Uniform Building Code unless appealed to and waived by a committee consisting of the Community Development Director or their designee, building official, and the fire chief, or their respective deputies or assistants when so authorized. An appeal of the committee's decision to the Planning Commission and then the City Council may be taken by filing a written notice of appeal with the City clerk, together with a thirty dollar ($30.00) appeal fee.

(j)

Criteria for selecting the open space areas in a density transfer design.

(1)

The developer in formulating, and the planning division/ Planning Commission in reviewing, a site plan for a density transfer design, shall abide by the following criteria in selecting the open space areas.

a.

Lands with steep slopes.

b.

Lands that have outstanding scenic or ecological value.

c.

Lands that would assist in the creation of an open space system.

(k)

Regulations for open space areas.

(1)

Such lands shall be preserved in essentially their natural state as a collective private open space owned, maintained and enjoyed by the tract's residents.

(2)

Development in the common open space areas will be prohibited in a recorded deed restriction, with authority vested in the City to enforce the restriction.

(3)

The City may require easements for public access through portions of these open space areas. Such easements will be conditions of tentative map approval and shall be delineated on the final map.

(l)

Landscaping plans.

(1)

As a condition to the approval of (and prior to the recordation of) a final map landscaping plans including planting design and an irrigation system (all of which are prepared by a licensed landscape architect) shall be submitted by the applicant for review and approval by the Community Development Director or their designee or duly authorized representative.

(2)

In acting upon landscaping plans, the Community Development Director or their designee shall consider the screening of trash enclosures, parking areas in multiple residential developments, the planting of slopes

for both stabilization and appearance, and fire resistance, durability, size, and quality of the proposed plant material. If required, the developer shall assume all costs to provide proof, that the above requirements are met.

(3)

Applicant shall prepare a statement of the quality of existing vegetation in regard to its ability to prevent soil erosion, and provide fire resistance. If existing vegetation is unacceptable to the appropriate departments in terms of these qualities, it shall be replaced by acceptable material.

(4)

Planting and irrigation system plans shall address the following:

a.

All cut and fill slopes shall be planted with deep-rooted plants that are able to acclimate to the proposed environment. A permanent irrigation (as approved by the Community Development Director or their designee) shall be installed to uniformly cover all planted areas.

b.

Slope planting and irrigation systems shall be provided by the developer on all slopes greater than four (4) feet vertical height. Slopes shall be adequately planted with landscaping consisting of a minimum of onethird (⅓) shrubs and trees. The remainder may be grass or ground cover and trees and shrubs. The final plans showing the landscaping and irrigation shall be subject to the approval of the Community Development Director or their designee. All planting and irrigation systems shall be complete and operative before final approval of the grading, or issuance of occupancy on the residence.

c.

Plants consisting of grass, groundcover, shrubs, and trees as recommended in the planting schedule shall be used. In addition to ground cover plants, approved shrubs having a minimum one (1) gallon size at ten (10) feet on center in both directions on the slope, or trees having a minimum five (5) gallon size at twenty (20) feet on center both ways may be used. A combination of shrubs and trees may be utilized. This plant and planting pattern may be varied upon the recommendation of the landscape architect and approval of the Community Development Director or their designee.

d.

Irrigation details. Fully automated irrigation systems are required unless waived by the Planning Commission; however, the owner shall be responsible for watering the slopes which have been planted at sufficient time intervals to promote growth.

1.

Minimum requirements for low slopes to fifteen (15) feet in vertical height:

(i)

A sprinkler system shall be installed to irrigate such slopes at the time the house plumbing is installed.

(ii)

If the Community Development Director or their designee finds the slope is located in an area which makes hand watering possible conveniently located hose bibs will be accepted in lieu of the required sprinkler system when a hose no longer than fifty (50) feet can be utilized.

2.

Minimum requirements for medium slopes fifteen (15) feet or higher in vertical height: An adequate sprinkler system shall be installed during grading prior to planting of shrubs and trees and before final grading is approved by the building official.

3.

Special requirements for sprinkler systems:

(i)

Plans, specifications, and calculations for the sprinkler system shall be submitted to and approved by the Community Development Director or their designee prior to installation.

(ii)

Sprinkler systems shall be designed to provide a uniform water coverage at a rate of precipitation of not less than one-tenth inch per hour nor more than three-tenths inch per hour on the planted slope. In no event shall the rate of precipitation or duration of sprinkling be permitted to create an erosion problem or allow the discharge of excess water into any public or private street.

(iii)

A check valve and balance cock shall be installed in the system where drainage from sprinkler heads will create an erosion problem.

(iv)

A functional test of the sprinkler system shall be performed by the installer prior to approval.

(v)

Sprinkler systems shall be fully automatic unless waived by the Planning Commission.

(vi)

The irrigation system shall comply with article III, division 5 and Planning Commission Resolution No. 1192-4718.

Planning Commission Resolution No. 11-92-4718 contains a list of plants identified as meeting the purpose and intent of the water efficient landscape ordinance.

(5)

All landscape areas, whether installed pursuant to this chapter or not, shall be maintained free of litter and diseased or dead plants. Diseased, dead, damaged and/or disfigured plants shall be replaced as deemed necessary by the Community Development Director or their designee. Irrigation systems and their components shall be maintained in a fully functional manner consistent with the originally approved design and the provisions of article III, division 5 of this Code and Planning Commission Resolution No. 11-924718.

(6)

Landscapes shall be maintained to ensure water efficiency and minimize water waste leading to excessive runoff, low head drainage, overspray and other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways or structures. A regular maintenance schedule should include, but not be limited to, checking, adjusting, and repairing irrigation equipment; resetting the automatic controller; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; and weeding in all landscaped areas. All tree pruning shall be performed in compliance with acceptable standards as set forth by The Western chapter International Society of Arborists.

(7)

All landscape areas and irrigations systems shall be subject to the water efficiency provisions contained in article III, division 5 of this Code, and the Planning Commission Guidelines for Water Efficient Landscaping, unless specifically exempted by those water efficiency provisions.

(m)

Landscape Maintenance. The developer shall plant, water, and maintain each graded slope on unsold property developed with structures until all properties within the development have been occupied. Plants shall be maintained, and replaced, if necessary, until the property is sold. Grading bonds shall not be released until the building and planning officials certify that the planting meets the requirements of this division.

(n)

Incentives. In order to encourage developers to build in a manner more suitable to the hillsides, the following incentive is available: Building heights, as permitted in this chapter, may be increased by variance approval above that which is normally allowed when compatible to the surrounding areas. The views from adjacent or neighboring parcels shall not be adversely affected by any such height increase.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-60. - Planned community and residential development overlay.

(a)

Purpose.

(1)

Planned community development:

a.

Provide the developer with greater flexibility in site design, density and housing unit operations in order to stimulate variety and innovation within the framework of a quality residential environment.

b.

Direct new community growth and development in the process of implementing the General Plan.

c.

Achieve more interest, individuality and character within and among neighborhoods.

d.

Provide criteria for the inclusion of compatible uses designed to service the residential developments within the community.

e.

Encourage the most effective use of a site with a variety of residential environments providing necessary public facilities, ample open space and a functional, well-balanced community.

(2)

Planned residential development:

a.

Encourage a more desirable living environment;

b.

Encourage a more efficient, desirable and aesthetic use of land through utilization of modern innovations in residential developments;

c.

Encourage the reservation of a greater proportion of land for common open areas;

d.

Encourage the retention of natural slopes, waterways and other natural features by utilizing such areas as open space;

e.

Encourage more efficient use of those public facilities required in connection with such residential development; and

f.

Insure compatibility with established residential areas.

(b)

Establishment of PRD overlay zone.

(1)

A planned residential development overlay zone shall be established only in conjunction with a residential zone and shall be designated on the official zoning map with the symbol "PRD" in conjunction with the underlying zone classification, i.e., "R-1 PRD."

(c)

Classification Criteria. The following general criteria are hereby established for use in the classification or reclassification of land to the planned community or planned residential development:

(1)

General Plan. Compliance with the General Plan shall be established.

(2)

Site area.

a.

A minimum of one hundred (100) acres shall be required for a planned community development.

b.

A planned residential development may be established on land that is zoned R-1, MF-15, MF-20 or MF-45 and which is suitable for, and of sufficient size, to be planned and developed in a manner consistent with the purpose of this division.

(3)

Any application for an overlay zone shall be accompanied by a master plan for the entire area covered by the application.

(4)

All land in a proposed overlay zone shall be held in one (1) ownership or under unified control or have the written consent or agreement of all owners of property proposed for inclusion in the overlay zone.

(5)

The existing utilities systems (water, sewer, drainage, electrical, gas, and communications facilities) are adequate, or new systems shall be constructed to adequately serve the development.

(d)

Application.

(1)

An application for an overlay zone shall be submitted by the owner, his authorized agent, or the purchaser of the land with the consent of the owner.

(2)

The application shall be accompanied by the following which should be prepared by a qualified professional team:

a.

Topographical maps of existing terrain drawn to a minimum five (5) foot contour.

b.

A generalized grading plan which indicates proposed earth movement and the results of such movement.

c.

A utility map or statement reflecting a utility system which includes, but is not limited to, sewer, water, and gas capable of serving the entire development.

d.

A master plan which shall show:

1.

Location and boundaries of the proposed development.

2.

The general type, character, and heights of all buildings or structures; e.g., single family houses, townhouses, or cluster houses.

3.

Proposed densities of all areas scheduled for residential development.

4.

Proposed uses of all and including residential, school sites, public and private recreational facilities, all common open space, and in the PCD zone commercial and professional centers and industrial facilities.

5.

Natural features that are to be retained; i.e., stands of trees, rock outcroppings, canyons, natural slopes, etc.

6.

The location and width of public and private streets which shall be consistent with the master plan of streets.

e.

Proposed site development standards for all residential, commercial and industrial uses.

f.

The location and width of public and private streets.

g.

Site data, including acreage in total development, total acreage in each density classification, school sites, church sites, commercial sites and industrial sites, total acreage devoted to common open space and minimum lot sizes.

(e)

Application fee. An application for an overlay zone shall be accompanied by a filing fee as specified in section 26-184.

(f)

Procedure.

(1)

Upon receipt of an application for an overlay zone, the Planning Commission shall hold a public hearing on such application. If it finds the criteria set forth herein have been met, it may establish the overlay zone subject to such conditions as it deems necessary. The Planning Commission may deny the application if it finds any of the criteria have not been met, or that the approval of the application would be detrimental to the public peace, health, safety or welfare.

(2)

The decisions and findings of the Planning Commission:

a.

On planned residential development applications, shall be final unless appealed to the City Council.

b.

On planned community development applications, shall be forwarded along with the community master plan to the City Council. The City Council shall hold a public hearing and either approve, conditionally approve, or deny the community master plan. The decision of the City Council shall be final.

(g)

Public hearing and appeal procedure. Public hearing and appeal procedure shall be set forth by article VI, division 1 of this Development Code.

(h)

Termination of overlay zone.

(1)

The overlay zone, and any master plan or other material approved as a part thereof, shall become null and void if the physical development of the district is not commenced within two (2) years from date of adoption of the resolution establishing the zone.

(2)

An extension of time, not to exceed one (1) year, may be granted by the Planning Commission or City Council when extenuating circumstances can be clearly shown by the applicant. The request for an extension of time shall be submitted to the Planning Commission in writing prior to the expiration date and shall clearly state the reasons why the physical development of the district has not been commenced and such overlay zone has not been utilized.

(i)

Approval of a development plan.

(1)

After the establishment of an overlay zone and prior to the termination date as specified in section 26-60(h), an application for approval of a development plan which is in substantial conformance with the approved master plan shall be filed with the Planning Commission. A development plan may cover all or a portion of the district. No building permit shall be issued for any new building or structure unless a development plan covering the area has been approved.

(2)

A development plan shall contain the material herein specified and shall be prepared by a qualified professional team.

a.

The exact boundaries and legal description of the property to be developed.

b.

All proposed improvements that are to be constructed on the land and their precise locations including, but not limited to, all residential facilities, walls and fences, trash areas, streets, and walk areas.

c.

Common open space showing size, grades, and function upon completion.

d.

The location and dimension of all off-street parking facilities, public and private.

e.

The location and size of any public or quasi-public facilities such as schools, churches, and parks.

f.

A tabulation of the percentage of total building coverage of the development.

g.

A tabulation of densities within each project area or sector.

(3)

Building elevations of typical architectural styles to be constructed.

(4)

A schematic landscaping plan indicating the type and size of plant material to be used and method of providing permanent maintenance to all planted areas and open spaces.

(5)

Floor plans of typical dwelling units, the unit size in square feet, and the amount of private open space in square feet.

(6)

If applicable, a subdivision map showing land divisions. The tentative and final subdivision map shall comply with the City subdivision ordinance and the state subdivision map act.

(7)

A proposed construction schedule from groundbreaking to occupancy. All common open space, as well as public and recreational facilities, shall be specifically included in the construction schedule and be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures.

(j)

Common open space.

(1)

All common open space shall be preserved for that purpose as shown in the development plan. The developer shall choose one (1) or a combination of the following three (3) methods of administering common open space.

a.

Dedication of common open space to the City, which is subject to formal acceptance.

b.

Establishment of an association or nonprofit corporation of all property owners or corporations within the project area to ensure perpetual maintenance of all common open space.

c.

Retention of ownership, control and maintenance of all common open space by the developer. All privately owned common open space shall continue as such and shall only be used in accordance with the development plan. Appropriate land use restrictions shall be contained in all deeds to ensure that the common open space is permanently preserved according to the development plan. Said deed restrictions shall run with the land and be for the benefit of present as well as future property owners, and shall contain a prohibition against partition of common open space.

(k)

Design criteria.

(1)

The following design criteria are hereby established:

a.

The overall plan shall achieve an integrated land and building relationship.

b.

Open spaces, pedestrian and vehicular circulation facilities, parking facilities, and other pertinent amenities shall be an integral part of the landscape and particular attention shall be given to the retention of natural landscape features of the site.

c.

The layout of structures and other facilities shall effect a conservation in street and utility improvements.

d.

Recreational areas, active and passive, shall be generally dispersed throughout the development and shall be easily accessible from all dwelling units.

e.

Architectural unit and harmony within the development and with the surrounding properties shall be attained.

(l)

Procedure for development plan application.

(1)

The owner, his authorized agent, or the purchaser with the consent of the owner may submit an application for development plan approval to the Planning Commission. The Planning Commission shall hold a public hearing on such application. It may approve the development plan if it finds the criteria set forth herein have been satisfied subject to such conditions as it deems necessary. The Planning Commission may deny the application if it finds the criteria are not being satisfied or that such application would be detrimental to the public peace, health, safety, or welfare. The decision of the Planning Commission shall be final unless appealed to the City Council.

(m)

Public hearing and appeal. Public hearing and appeal procedure shall be governed by article VI, division 1 of this chapter.

(n)

Application fee. An application for a development plan shall be accompanied by a filing fee as established by a resolution of the City Council.

(o)

Development standards for planned residential development zone.

(1)

The development standards of the underlying zone shall apply to a planned residential development unless they are inconsistent or in conflict with the following standards which shall control:

a.

Density. In any PRD overlay zone, the number of dwelling units per net acre of land shall not exceed the number of dwelling units permitted by the underlying zone except as provided in this paragraph.

b.

For the purpose of calculating the number of dwelling units permitted by the underlying zone, the following table shall be used:

Table 2-21 Dwelling Units Per Acre for Residential Zones

c.

The number of dwelling units per net acre of land may be increased by up to 30 percent if approved by the Planning Commission, provided that the gross density of the development does not exceed the densities identified in Table 2-21.

d.

Minimum lot sizes. Every lot or parcel utilized for a residential structure shall have a minimum width of twenty-four (24) feet. Each such lot shall front for a distance of not less than twenty (20) feet upon a public or private street or pedestrian accessway.

e.

Building heights. Building heights of the underlying zone may be waived to allow greater flexibility with the development. Consideration shall be given to building heights in relation to adjacent property and building inter-relationship within the development.

f.

Yards. The following front, side, and rear yards shall be shown on the development plan and maintained:

1.

Front. There shall be an average front yard of not less than fifteen (15) feet for any building measured from the curbline of private streets and from the property line for dedicated streets. A maximum six-foot-high wall or fence may be placed within any front yard setback, provided such wall or fence is set back five (5) feet from the right-of-way line of dedicated streets or ten (10) feet from the curbline of private streets. Such setback area shall be landscaped.

2.

Side. There need be no side yard provided. However, each development plan will be reviewed to ensure that adequate provisions are made for light and air and free pedestrian movement.

Rear. When the rear of a dwelling unit is adjacent to common open space and accessible thereto, a rear yard need not be provided. A fifteen-foot rear yard shall be provided when the rear of a dwelling unit abuts adjacent private property.

4.

Fire accessways. Each development plan shall provide adequate accessways for free movement of men and equipment to provide appropriate firefighting capabilities. Such accessways shall be a minimum of five (5) feet in width and approved by the City fire department.

g.

Off-street parking. Off-street parking shall be required to conform to the current City standards as specified in the underlying zone.

1.

Covered or open parking compounds may be designed as a functional part of the development. Parking compounds shall be conveniently accessible and adequately screened through the use of walls or landscaping. The arrangement and access for all parking compounds or parking spaces shall conform to City standards.

h.

Ground coverage. Total ground coverage of the entire development (not individual lot) shall not exceed that allowed by the underlying zone.

i.

Private open space. A minimum of two hundred (200) square feet of private open space per dwelling unit shall be provided on each individual lot. This provision need not apply to structures which are three (3) or more stories high.

(p)

Development standards for planned community development zone.

(1)

All development within the planned community development shall meet the following minimum requirements:

a.

Density. All densities shall conform to the approved community master plan.

b.

Building coverage. The maximum building coverage shall not exceed fifty (50) percent of the area covered by the development plan exclusive of all dedicated public rights-of-way. In determining the coverage

(ground area of each dwelling) covered parking and garages shall be included.

c.

Off-street parking. Off-street parking shall conform to the current City standards as specified in article III, division 6 of this chapter.

d.

Private open space. A minimum of two hundred (200) square feet of private open space per dwelling unit shall be provided on each individual lot. This requirement does not apply to structures three (3) or more stories in height.

e.

Utilities. All utilities shall be underground in accordance with the Municipal Code and approved by the City Engineer.

f.

Signs. Sign provisions contained in the most restrictive zone classification for each use allowed shall apply.

g.

Other. All other standards as specified by the approved community master plan and text and development plan and text shall be strictly adhered to.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-61. - Auto plaza overlay.

(a)

Purpose. The purpose of the auto plaza overlay zone is to preserve the City's auto plaza area to accomplish the City's goal of maintaining an established area designed for new vehicle franchise dealerships in order to make its services more accessible to the public, and to promote economic development within the City.

(b)

Location. The auto plaza overlay zone shall consist of service-commercial (S-C) zoned properties located south of the Interstate 10 Freeway, north of Norma Avenue, west of Baymar Street, and east of Azusa Avenue.

(c)

Permitted uses.

(1)

Permitted uses on any lot or premises within the auto plaza overlay zone shall be limited to the following:

a.

The sales of new vehicles with outdoor display is allowed provided that all administrative functions are at all times conducted within an enclosed building.

1.

The sales of new vehicles with outdoor display is allowed provided that all administrative functions are at all times conducted within an enclosed building.

b.

Accessory uses.

1.

The sales of used vehicles operated by the same franchise dealership or automaker operating the primary use.

(i)

Used vehicle inventory on the site shall be limited to no more than thirty (30) percent of the total new vehicle inventory on the same site.

(ii)

Outdoor display of used vehicles is allowed provided that all administrative functions are at all times conducted within an enclosed building.

2.

Vehicle service shop for maintenance and repair.

3.

Car wash.

(i)

The car wash shall only be used to clean the dealership's vehicle inventory and/or to clean vehicles receiving maintenance or repair services.

(ii)

The car wash shall not be made available for public use.

4.

Electric vehicle charging station.

Vehicle rental services shall only to be made available to customers utilizing services offered by the dealership.

c.

Temporary uses.

1.

Filming.

(i)

Filming or filmmaking on any lot or premises shall be limited to advertisement purposes promoting the dealership on the site.

(ii)

Filming shall only be allowed on a lot or property occupied with a new vehicle dealership with an active business license.

(iii)

Filming shall comply with the provisions of article VI, division 8 (film permit).

(d)

Security lighting requirement. All properties located within the auto plaza overlay zone shall have all its parking lot/vehicle display light standards/poles brightly lit from sunset until 9:00 p.m. Parking lot/vehicle display light standards/poles shall automatically be switched to dimmer lighting between 9:00 p.m. and sunrise.

(e)

Development standards. Any proposed development and/or construction within the auto plaza overlay zone shall comply with the development standards set forth in article II, division 2. The provisions set forth in this section 26-61 (auto plaza overlay) shall prevail if any conflicting standards exist.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-62. - Animal keeping overlay zone.

(a)

Purpose. The animal keeping overlay zone consists of properties on the north side of Vanderhoof Drive, including Tract 12292, Lots 18 through 27 (addresses 2633, 2641, 2653, 2707, 2715, 2727, 2743, 2755, 2769, and 2807 Vanderhoof Drive).

(b)

Permitted Uses. Uses permitted with the animal keeping overlay zone shall be those permitted within the underlying zone, subject to the development standards in the underlying zone and in sections 26-62(c) and 26-62(d).

(c)

Lower pad area development standards.

(1)

The following development standards shall apply to improvements located in the lower pad area of the lots within the overlay zone.

a.

Setbacks. The setbacks for any proposed improvements shall take into account the size of the subject property and the impacts to the neighboring properties. The location of the site of the improvement shall be based on the type of improvement proposed.

b.

Separation of uses. The location of the proposed improvement shall, at a minimum, conform to the separation standards specified in section 26-46(h). Greater separation distances are encouraged to reduce conflicts between uses.

c.

Structural design. The structural design of the improvements shall be compatible with the architecture of the main house on the property and the agrarian nature of the lower pad area.

d.

Screening. Fences, walls, and/or landscaping shall be provided to provide visual separation between properties. Screening shall be sensitive to animal keeping areas in proximity to habitable space/recreational improvements, and vice versa.

(d)

Administrative permit required.

(1)

Prior to the construction of any improvement in the lower pad area such as habitable structures (including accessory dwelling units), nonhabitable structures that require the issuance of a building permit, swimming pools, spas, sports courts, and similar uses (whether or not a building permit is required), an administrative permit shall be required as specified in article VI, division 6 of this chapter 26.

(2)

Before for an administrative use permit for improvements in the lower pad area of the overlay zone may be granted, the following findings must be made:

a.

The proposed improvement at the particular location would not be detrimental to the current or future keeping of animals in the lower pad area of surrounding properties.

b.

The location and design of the improvement has given consideration to the separation of animal keeping areas from habitable space/recreational improvements.

c.

The location and design of the improvement is not detrimental to the privacy of surrounding properties through the usage and placement of windows and doors, view-obscuring walls and/or fences, retaining walls, trees and other buffering landscaping materials.

d.

The development can be adequately served by existing and/or required infrastructure and services.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

ARTICLE III. - REGULATIONS APPLICABLE TO ALL ZONES DIVISION 1. - GENERAL SITE PLANNING AND DEVELOPMENT STANDARDS