The Acacia/Sanderson Overlay Zone is hereby established in accordance with the standards of this division. The overlay zone applies to those areas indicated on the official zoning map pursuant to section 90-6.

(Ord. No. 1929, § 2(Exh. A-2), 6-13-17)

In addition to the overall objectives for commercial zones stated in section 90-891, the Acacia/Sanderson Overlay Zone is established to allow for the provision of general commercial and commercial manufacturing uses pursuant to the requirements set forth in sections 90-933 and 90-934.

(Ord. No. 1929, § 2(Exh. A-2), 6-13-17)

Subject to the site development requirements established in section 90-934 of this article, including the limits on development of C-2 and C-M uses, the uses permitted, conditionally permitted, and administratively permitted in the Acacia/Sanderson Overlay Zone shall include, and approval shall be consistent with, the following table inset:

(Ord. No. 1929, § 2(Exh. A-2), 6-13-17)

(a)

Up to 60 percent of the development capacity for the Acacia/Sanderson Overlay Zone may be developed with C-2 uses; the remaining portions of that overlay zone shall be developed with C-M uses permitted in section 90-933 of this article. The percentage of each commercial zone use shall be calculated over the entire contiguous overlay zone, and not over individual parcels. Proposals for development of property within the Acacia/Sanderson Overlay Zone shall designate whether the use is proposed as a C-2 or C-M zone use. Once the proposed development is approved, and for the life of that use, the zone designation shall not be changed for the purposes of calculating the percentage of C-2 and C-M zone uses within the overlay zone. The calculation of the percentage of each commercial zone shall not be affected by the subdivision of any parcel within this Acacia/Sanderson Overlay Zone.

(b)

Proposed C-M development shall be located within the portion of the Acacia/Sanderson Overlay Zone area that is at least 875 feet easterly of the centerline of Sanderson Avenue.

(c)

Development in the Acacia/Sanderson Overlay Zone shall comply with all relevant development standards set forth in article XXVI for the commercial zone to which an individual development project is assigned, including, but not limited to, the following:

(1)

The general requirements set forth in section 90-894 for the C-2 and C-M zones, provided that the front yard setback shall comply with the C-2 standard;

(2)

The site development requirements set forth in section 90-895;

(3)

The exterior color requirements set forth in section 90-896;

(4)

The special development requirements set forth in section 90-897, zoning district designated for the proposed development;

(5)

The occupancy standards for hotels and motels as set forth in section 90-898;

(6)

Sign regulations as set forth in article XXXVI;

(7)

Off-street parking regulations as set forth in article XL;

(8)

Landscape and irrigation regulations as set forth in article XLVIII; and

(9)

Conditional use permit regulations as set forth in article II, section 90-42.

(Ord. No. 1929, § 2(Exh. A-2), 6-13-17)

The purpose of the hillside development overlay zone is to:

(1)

Establish regulations and standards for the identification and protection of hillsides, ridgelines, canyons, and other natural land forms such as rock outcroppings in recognition that such features are community assets that help define the city as a desirable place to live, work, and recreate; and

(2)

Ensure that roadways, driveways, and other access points in the hillside overlay zone provide adequate emergency access;

(3)

Comply with the goals and policies of the general plan regarding the protection and preservation of hillside areas as an important aesthetic and community resource; and

(4)

Implement the HR (hillside residential) land use designation of the general plan.

(Ord. No. 1949, § 10(Exh. A, 10), 9-25-18)

The hillside development overlay (H) zone is established in accordance with the standards of this article and as shown on the official zoning map pursuant to section 90-6.

(Ord. No. 1949, § 10(Exh. A, 10), 9-25-18)

All uses permitted in the underlying zone over which the hillside development overlay zone is placed shall be permitted in the overlay zone. The regulations of the hillside development overlay zone shall apply in addition to the regulations of the underlying zone. In the event of a discrepancy between the regulations of the underlying zone and the overlay zone, the overlay zone shall take precedence.

(Ord. No. 1949, § 10(Exh. A, 10), 9-25-18)

The maximum density on any parcel to which this section applies shall not exceed the units per acre for each of the average percent slope ranges indicated below:

(Ord. No. 1949, § 10(Exh. A, 10), 9-25-18)

Within a project having the hillside development overlay zone, a density transfer may be granted when permitted development is transferred from one slope category to a lower slope category. In consideration for such a transfer of development, the allowable density of the lower slope category may be increased by 50 percent. For example, if density/development is transferred from the 25 percent and above slope category (from the above table) to the next lower category (15 percent to 25 percent), the allowable density of the lower category, 1.0 dwelling units per acre, may be increased to 1.5 units per acre. In no situation shall the total number of units permitted for any project exceed the number of units that would have been permitted without any transfer of density. Areas from which density is transferred shall be restricted from future development in an appropriate manner.

(Ord. No. 1949, § 10(Exh. A, 10), 9-25-18)

The following minimum performance standards are required for any development in the hillside development overlay zone.

(1)

Soils/grading.

a.

Grading of any site shall conform to the following grading standards, based upon the percent of natural slope. The city engineer shall review the proposed grading with respect to the following:

1.

Zero—ten percent. Redistribution of earth over large areas may be permitted. Significant environmental features may be required to be preserved.

2.

Ten—15 percent. Some grading may occur, but landforms must retain their natural character. Padded building sites may be allowed, but custom foundations, split level designs, stacking and clustering is expected to mitigate the need for large padded building areas.

3.

Fifteen—25 percent. Limited grading may occur, however, major topographical features shall retain their natural landforms. Special hillside architectural and design techniques are expected in order to conform to the natural land form, by using techniques such as split level foundations of greater than 18 inches, stem walls, stacking and clustering.

4.

Greater than 25 percent. Development and limited grading can only occur in this category if it can be clearly demonstrated that safety, environmental, and aesthetic impacts will be avoided. Use of larger lots, variable setbacks and variable building structural techniques such as stepped or pole foundations are expected. Structures shall blend with the natural environment through their shapes, materials and colors. Impact of traffic and roadways is to be minimized by following natural contours or using grade separations.

b.

Grading shall be designed to:

1.

Conserve natural topographic features and appearances by means of land sculpturing to blend graded slopes and benches with natural topography.

2.

Retain major natural topographic features such as canyons and prominent landmarks.

3.

Graded slopes over 25 feet in height and over 100 feet in length shall be contour graded. A variety of slope ratios (i.e., 2:1, 3:1, 3.5:1, 5:1, etc.) shall be used to blend graded slopes into the adjoining natural terrain.

4.

Terracing shall be designed with small incremental steps, avoiding wide step terracing and large areas of flat pads.

c.

All graded areas shall be protected from wind and water erosion through acceptable slope stabilization methods such as planting, walls, or netting. Interim erosion control plans shall be required, certified by the project engineer, and reviewed and approved by the city engineer.

d.

Slopes created by grading of the site shall not exceed 50 percent or 2:1, without a soils report and stabilization study indicating a greater permissible slope; or shall not exceed 30 feet in height between terraces or benches.

(2)

Water/drainage.

a.

On-site catch basins or siltation basins, as well as energy absorbing devices, may be required as a means to prevent erosion as well as to provide for ground water recharge.

b.

Natural drainage courses should be protected from grading activity.

c.

Where brow ditches are required, naturalize with plant materials and native rocks.

d.

All benchdrains (interceptors) and downdrains shall be constructed to match the natural contours of the lands.

e.

Downdrains on manufactured slopes shall be staggered between terrace drains to be less obtrusive.

f.

Maximum coverage of a parcel by impervious surfaces shall not exceed 40 percent of the gross land area, and such maximum may be reduced by the planning director in areas where the slope exceeds 15 percent.

(3)

Animal and plant life.

a.

Areas of a site which are identified in the environmental study as having biological significance shall be preserved.

b.

Natural vegetation shall be maintained wherever possible. If removal is required, re-establishment of a compatible plant material will be required at a ratio of at least 2:1.

c.

All exposed slopes and graded areas shall be landscaped with groundcover, shrubs, and trees.

d.

Existing mature trees shall be incorporated into the project where feasible.

e.

Water and energy conservation techniques shall be utilized, such as special irrigation techniques (e.g., drip irrigation), drought tolerant plant species, alluvial rockscape, etc.

f.

Wherever possible, fire resistant native vegetation shall be preserved and planted.

g.

Introduction of landscaping within the hillside areas should make maximum use of texture, color, and be capable of blending in with the natural landscape, and help to soften the effects of buildings, walls, pavement, and grading. Irregular tree and shrub spacing shall be used to achieve a natural appearance on graded slopes.

h.

With the exception of landscaping for street parkways, trees and shrubs shall be placed in swale areas to more closely reflect natural conditions.

i.

Screening along roadways should make maximum use of berming and landscaping but shall not interfere with sight distance.

j.

Landscaping and berming shall be used to screen views of all benchdrains and downdrains.

k.

Planting in riparian areas shall be kept as close as possible to their natural state. Ornamental plants and the introduction of non-native species should be avoided.

l.

The keeping of pigs, goats, sheep, horses, and other similar animals shall be limited to two per acre in areas that are determined to be of biological sensitivity, in addition to the requirements of section 90-77.

(Ord. No. 1949, § 10(Exh. A, 10), 9-25-18)

Structural design and construction for wildland interface areas is found under section 14-420.

(1)

Dwelling units and structures shall be compatible with the natural surroundings of the area and shall not dominate the natural environment.

(2)

Exterior finishes of dwelling units and structures should blend in with natural surroundings by using earth tone colors and avoiding reflective materials or finishes and be of fire resistive materials.

(3)

Site design should utilize varying setbacks, building heights, innovative building techniques, and building and wall forms which serve to blend buildings into the terrain.

(4)

Dwelling units and structures shall be sited in a manner that will:

a.

Retain outward views from each unit;

b.

Preserve or enhance vistas, particularly those seen from public places;

c.

Preserve visually significant rock outcroppings, natural hydrology, native plant materials, and areas of visual or historical significance.

(5)

The highest point of any structure shall not be located above the ridgeline.

a.

Use the natural ridgeline as a backdrop for structures;

b.

Use landscape plant materials as a backdrop; and

c.

Use the structure to maximize concealment of cut slopes.

(6)

Accessory buildings. Detached accessory buildings which do not have solid exterior walls (carports, patio covers, etc.) shall have supporting members of heavy timber or be constructed with materials approved for one-hour construction.

(7)

Decks and patios. Decks, balconies, roof overhangs, attached patio covers, and similar architectural features shall be protected on the underside with materials approved for one-hour resistive construction per the requirements found in section 14-420.

(8)

Retaining wall/fences.

a.

Retaining walls shall be used in the following manner:

1.

Upslope not exceeding six feet in height.

2.

Downslope not exceeding 42 inches in height may be used.

3.

Lots sloping with the street of access or other conditions. One retaining wall on each side of the lot may be used not exceeding 42 inches in height.

4.

Retaining walls adjacent to driveway walls being an integral part of the structure may exceed six feet in height if necessary.

5.

All retaining walls, visible from the public right-of-way shall be constructed of decorative block materials and be of earth-tone colors to minimize visibility.

b.

Exposed retaining walls facing roadways shall be not greater than five feet in height.

c.

Where retaining walls face roadways, they shall be faced with aesthetically pleasing materials (e.g., split face block, etc.).

d.

Precision block walls, wood and chainlink fencing are specifically prohibited for use in hillside developments in relation to perimeter fencing or retaining walls.

e.

Interior fencing along property lines shall be constructed of decorative masonry block, wrought iron with pilasters that are of similar architecture to the buildings, or other non-combustible materials approved by the planning director.

f.

Coated chain link fencing may be allowed to enclose tennis courts but must of a material and color that is approved by the planning director.

(9)

Circulation. The intent of this section is to reduce the visual impacts created by hillside roadways, yet provide safe circulation. Roadways shall conform to the standards specified for development for wildland interface areas in section 14-418. Roadways should conform to the natural hillside landform and not greatly alter the physical and visual character of a hillside by creating large notches in ridgelines or by defining wide straight alignments. The following circulation standards and policies shall be implemented for all new hillside projects:

a.

Single-loaded streets are recommended on steep terrain where it can be demonstrated that the overall grading for the project can be reduced.

b.

All hillside development shall have two points of access to provide a safe ingress and egress for hillside developments. This is not applicable to cul-de-sacs that are less than 350 feet in length.

c.

Street grades shall not have slopes greater than those allowed in subsection 14-418(6). Generally eight percent maximum is allowed in areas of extreme fire hazard.

d.

Street rights-of-way widths can, for hillside development, be reduced from the city's general standards when the city engineer and fire chief determine that their implementation will not be hazardous to the public safety.

e.

Roadway design, wherever practical, shall be parallel or diagonal to the existing hillside contours. Roads shall be curvilinear fashion and blend in with the existing topographical slopes. Circulation plans for hillside development shall be designed to minimize both their visual and grading impacts.

f.

Private driveways may provide access to a public street of up to two units per driveway. Such driveways shall have a minimum paved width of 25 feet and a maximum slope of 14 percent. Any drives exceeding 12 percent slope may not exceed 600 feet in length.

(10)

Fuel modification. A permanent fuel modification area shall be required for the perimeter of development projects that are located in the hillside zones. Specific requirements are contained in section 14-421 (landscaping and perimeter). The recommended width of the fuel modification areas shall be determined by the fire chief, but in no case shall it be less than 100 feet in width as measured from the development perimeter. The width of the fuel modification area shall be determined by the following:

a.

The natural ungraded slope of the lands with the project and in areas adjacent to the project.

b.

Fuel loading.

c.

Access to the project and access directly to the fuel modification area, and

d.

The on-site availability of water that can be used for firefighting purposes. The fuel modification areas shall also incorporate soil erosion and sediment control measures to alleviate permanent scarring and accelerated erosion.

(11)

Water supply. All development shall be provided with adequate water supply according to the requirements set forth in section 14-419 (water supplies).

(Ord. No. 1949, § 10(Exh. A, 10), 9-25-18)

Applications for development of property within the hillside development overlay zone shall be submitted for site development plan review pursuant to section 90-48 of the Code. In addition to the items specified in section 90-48, the applicant shall submit the following:

(1)

A topographic map of the project site and land and structures within 100 feet of the project boundaries. The map shall be drawn to a scale of not less than one inch equals to 100 feet with a maximum contour interval of ten feet. The maximum contour interval shall be five feet where terrain has a slope of less than 25 percent.

(2)

A site plan of the proposed project showing property lines, recorded or proposed easements and public rights-of-way. Existing structures within 100 feet of the site shall also be shown on the site plan.

(3)

A preliminary grading plan for the project, drawn to the same scale as required above. Existing and final slope shall be shown in the following categories by average slope (percent): 0 to 10, 10+ to 15, 15+ to 25, 25+ and above.

(4)

A soils engineering report including data regarding the nature, distribution and strengths of existing soils, conclusions, and recommendations for grading procedures, design criteria for and identified corrective measures, and opinions and recommendations regarding existing conditions and proposed grading. The investigation and report shall be performed by a professional soils engineer experienced in the practice of soil mechanics and registered with the state.

(5)

A hydrology report shall be provided including areas of possible inundation, downstream effects, natural drainage courses, conclusions, and recommendations regarding the effect of hydraulic conditions on the proposed development, opinions and recommendations regarding the adequacy of facilities proposed for the site, and design criteria to mitigate identified hydraulic hazards. This report shall account for runoff and debris from tributary areas and shall provide consideration for each lot or dwelling unit site in the development. Runoff and debris volumes shall be computed using county flood control district criteria. This investigation and report shall be prepared by a registered civil engineer experienced in hydrology and hydraulic investigation.

(6)

A preliminary landscaping plan showing disposition of existing trees, and the type and extent of proposed vegetation. The method of open space maintenance shall also be identified.

(7)

A geotechnical study shall be provided including the surface and subsurface geology of the site, degree of seismic hazard, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, opinions and recommended design criteria to mitigate any identified geologic hazards. This investigation and report shall be performed by a professional geologist experienced in the practice of engineering geology and registered with the state.

(8)

A landform study shall be provided with a site inventory and map identifying existing landforms shall be submitted for the project including the following:

a.

All U.S.G.S. blue-line streams, springs, perennial and intermittent streams with drainage areas that are 50 acres or greater at or above the project site.

b.

Rock outcroppings that are greater than 300 square feet in surface area.

c.

Classification of "grading zones" that are identified in this article.

d.

Identification of primary and secondary ridgelines.

e.

Identification of the most prominent topographical features of the project site. This identification is relative to each project site and should include any ridges, peaks, knolls and any other similar types of features.

(9)

A biological survey shall be submitted. This survey shall inventory both flora and fauna found at the site. All endangered, threatened or rare species shall be identified. Survey shall be conducted by a qualified biologist selected from then approved listing maintained by the planning department.

(10)

Other information or applications materials as may be deemed necessary or desirable by the planning director such as archaeology, paleontology, and visual analysis studies.

(Ord. No. 1949, § 10(Exh. A, 10), 9-25-18)

The purpose of the scenic highway overlay zone is to implement the scenic highways element of the general plan to minimize adverse visual impacts and enhance the public's aesthetic enjoyment of the scenic highway corridors. This shall be accomplished through the use of landscaped setbacks on certain roads designated as local scenic highways.

(Ord. No. 1949, § 10(Exh. A, 10), 9-25-18)

All uses permitted in the underlying zone over which the scenic highway overlay zone is placed shall be permitted in the overlay zone. Whenever the overlay zone is placed on the official zoning map, the designation shall be as indicated in the map legend. The regulations of the scenic highway overlay zone shall apply in addition to the regulations of the underlying zone. The most restrictive regulations shall take precedence.

(Ord. No. 1949, § 10(Exh. A, 10), 9-25-18)

Front yards adjoining a scenic highway shall be a minimum of 25 feet in depth, and shall be landscaped with a mixture of live trees, shrubs and ground cover.

(Ord. No. 1949, § 10(Exh. A, 10), 9-25-18)

The following streets are designated as scenic highways:

(1)

Florida Avenue, from Sanderson Avenue west to the sphere of influence line.

(2)

Florida Avenue, from Stanford Street east to the sphere of influence line.

(3)

State Street, from Thornton Avenue south to the sphere of influence line.

(4)

Simpson Road, from the west sphere of influence line to State Street.

(5)

Sanderson Avenue, from the north sphere of influence line to Domenigoni Parkway excepting that portion from Florida Avenue to 850 feet south and that portion of the easterly side from Florida Avenue to 530 feet north.

(6)

Warren Road, from Commonwealth Avenue to Simpson Road.

(Ord. No. 1949, § 10(Exh. A, 10), 9-25-18)

The purpose of this section is to establish an emergency shelter overlay zone, where emergency homeless shelter may be established without the need of a conditional use permit.

(Ord. No. 2034, § 3, 6-11-24)

The city identifies parcels of land, located one block east of the Menlo Avenue and State Street intersection, as acceptable for permitting the establishment of an emergency shelter pursuant to Government Code § 65583(a)(4) without requiring a conditional use permit.

Mixed use, as an integrated mix of supporting residential and office/commercial uses on the site identified in conjunction with wrap around services, including low barrier navigation center pursuant to California Civil Code § 51.3.5 to support the emergency homeless shelter is acceptable for permitting without requiring a conditional use permit.

This area is located within the zone C-1 neighborhood commercial zone, and is subject to the development standards in effect, except as provided in section 90-959. The city amends the zoning code to create an overlay zone located exclusively on the parcels described above. Whenever the overlay zone is placed on the official zoning map, the designation shall be as indicated in the map legend.

(Ord. No. 2034, § 3, 6-11-24)

(a)

Emergency shelter facilities shall comply with all federal and state licensing requirements.

(b)

Emergency shelter facilities and all other ancillary or mixed use or residential supportive uses shall comply with all applicable Uniform Building and Fire Codes, including maximum occupancy restrictions.

(c)

The property must be located within the emergency shelter overlay zone

(Ord. No. 2034, § 3, 6-11-24)

Emergency shelter shall comply with all standards provide by this chapter.

(a)

Development standards.

(1)

Location and separation.

a.

Emergency shelter facilities should be located within one-half mile of a transit corridor or existing bus route.

b.

All emergency shelter programs must be situated more than 300 feet from any other emergency shelter or similar shelter program.

(2)

Physical characteristics.

a.

The size of an emergency facility shall be in character with the surrounding neighborhood and in compliance with the development standards of the C-1 neighborhood commercial zone.

b.

The maximum number of beds for the existing emergency shelter shall be 50 with the opportunity for expansion (new construction) up to 100 beds, excluding Palette Shelter Pilot Program units.

c.

Smoke detectors, approved by the fire department, must be provided in all sleeping and food preparation areas.

d.

Fire sprinklers designed to 2022 NFPA 130 may be required for new construction.

e.

At least one accessible route shall be provided within the site from accessible parking spaces and accessible parking loading zones, public streets and sidewalks, and public transportation stops, to the accessible building or facility entrance they serve. If more than one route is provided, all routes must be accessible.

f.

The site shall provide adequate space for emergency response vehicles.

g.

The facility shall have adequate private living space, shower and toilet facilities and secure storage areas for its intended residents.

h.

The facility shall have at least one room, which has 120 square feet of floor area. Other habitable rooms shall have an area not less than 70 square feet. When more than two persons occupy a room used for sleeping purposes, the required floor area shall be increased at the rate of 50 square feet for each occupant in excess of two.

(b)

Operational and management standards.

(1)

The emergency shelter provider shall prepare and file a management plan with the community development department that includes clear operational rules and standards, including, but not limited to, staff training, security, screening of clients, mechanisms to address loitering, management of outdoor areas, and opportunities for training, counseling, and treatment programs for residents.

(2)

If an emergency shelter includes a drug or alcohol abuse counseling component, appropriate state and/or federal licensing shall be required.

(3)

The emergency shelter shall provide accommodations appropriate for a maximum stay of 180 days per client/family.

(4)

Parking. The emergency shelter shall accommodate sufficient parking for staff given that it does not require more parking for emergency shelters than other residential or commercial uses within the same zone.

(5)

Client intake area. The client intake area shall be not less than 500 square feet in total floor area.

(6)

Outdoor activity. For purposes of noise abatement and neighborhood compatibility, outdoor activities on site are limited to the hours of 9:00 a.m. to 9:00 p.m.

(7)

The emergency shelter shall identify a transportation system that will provide its clients with a reasonable level of mobility including, but not limited to, access to social services, housing and employment opportunities.

(8)

The emergency shelter shall include clear and acceptable arrangements for facility occupants, such as on-site meal preparation or food provision and disbursement.

(9)

The emergency shelter, where applicable, shall provide child care services and ensure that school-aged children are enrolled in school during their stay at the facility.

(10)

The emergency shelter provider shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to ensure compatibility with services provided at the facility and for training, counseling, and treatment programs for occupants.

(11)

Emergency shelters shall establish written expectations of residents—behavioral, medical, etc. Expectations of residents will be available to each resident at entry to the shelter, and to the public (upon request).

(12)

Emergency shelters shall have infection control policies in accordance with guidelines of the Centers for Disease Control covering but not necessarily limited to HIV/AIDS, hepatitis, and tuberculosis.

(13)

Emergency shelters shall maintain a record of clients and visitors at all times. Clients will have immediate 24-hour access to shelter staff and no walk-in services will be provided at any time in the safe house itself.

(14)

Emergency shelters shall provide on-site management and support staff at all times during shelter use.

(Ord. No. 2034, § 3, 6-11-24)