.010   Purpose: The purpose of this Chapter is to establish the Residential Opportunity (RO) Overlay Zone and provide “by-right” housing development opportunities consistent with a property’s residential General Plan land use designation. This Overlay Zone is intended to be applied to properties that are currently zoned and/or developed with non-residential uses but designated for multiple-family residential uses by the City’s General Plan. Examples of non-residential zones to which the Overlay Zone may be applied include, but are not limited to, the General Commercial (C-G), Transitional (T), and Industrial (I) zones. The Overlay Zone is further intended to serve as an implementation tool of the City’s Housing Element of the General Plan by facilitating residential development on identified “housing opportunity sites.”

   .020   Objectives: The Residential Opportunity (RO) Overlay Zone has the following major objectives:

      .0201   Create “by-right” opportunities for residential development on sites throughout the City, consistent with the density allowed by their current General Plan designation.

      .0202   To implement state laws that require cities to demonstrate available land capacity and zoning tools to accommodate the City’s projected need for housing;

      .0203   Provide a mix of housing types; and,

      .0204   Stimulate market-driven development investment.

(Ord. 6224 1 (part); October 11, 2011.)

   .010   Application to Area. The (RO) Overlay Zone may be applied to properties that currently maintain an underlying non-residential zone designation within the City. The Overlay Zone may also be applied to properties with an existing residential zoning designation that does not yield the maximum density allowed by a property’s General Plan designation.

   .020   Option to Use Underlying Zone or Overlay Zone.

      .0201   This Chapter shall provide the option of either developing under the provisions of a property’s underlying zone designation or under the provisions of the Overlay Zone that allow by-right multiple-family residential development.

(Ord. 6224 1 (part); October 11, 2011.)

   .010   The development of by-right residential uses through implementation of the (RO) Overlay Zone shall be in accordance with the uses and requirements set forth in Chapter 18.06 (Multiple-Family Residential Zones). Specifically, the following applicable zoning designations shall be utilized when developing multiple-family residential development consistent with each property’s General Plan Land Use designation:

      .0101   Parcels designated as Medium Density Residential in the General Plan Land Use Element shall be subject to the (RM-4) Multiple-Family zoning designation.

      .0102   Parcels designated as Low-Medium Density Residential in the General Plan Land Use Element shall be subject to the (RM-3) Multiple Family zoning designation.

   .020   All requirements set forth in Chapter 18.06 (Multiple-Family Residential Zones) shall be applicable to parcels designated with the (RO) Overlay Zone when the option to develop by-right multiple-family residential development under the provisions of this Chapter is exercised.

   .030   Prior to the issuance of any building permit for by-right residential development under the provisions of this Chapter, the property owner shall submit a written request to terminate any existing variances, conditional use permits, or other non-applicable land use entitlements.

   .040   Existing Non-Residential Uses:

      .0401   Existing non-residential development that is not permitted in the applicable zone from Chapter 18.06 (Multiple-Family Residential Zones) shall be removed prior to development of a residential use.

      .0402   Existing non-residential development that is a conditionally-permitted use in the applicable zone shall require a conditional use permit pursuant to Chapter 18.66 (Conditional Use Permits).

   .050   Conversions of existing structures, including, but not limited to, existing hotel or motel structures, into a residential use may be permitted subject to the approval of a conditional use permit pursuant to Chapter 18.66 (Conditional Use Permits).

   .060   The provisions of Chapter 18.52 (Affordable Housing) shall apply to any by-right multiple-family residential use developed under the provisions of the Overlay Zone.

(Ord. 6224 1 (part); October 11, 2011.)