The intent of the residential overlay is to allow for attractive high density residential development in appropriate areas of the city while allowing existing development to remain and retain the development potential of the underlying zoning. All underlying uses, legally permitted, may remain and the underlying zoning shall remain intact. The residential overlay is an additional layer of permitted uses that can be utilized. Property owners will retain full discretion to use the residential overlay, if they choose, to pursue development of residential units. The residential overlay does not impose any obligation on property owners to convert or change the use of their commercial or other non-residential uses. There is no mechanism proposed by the rezone program to mandate or impose an obligation on existing property owners to redevelop their properties for residential uses.

The purpose of the residential overlay is to accomplish the following objectives:

A.

To provide an overlay zone which will implement the goals and policies of the general plan;

B.

To provide additional housing options for people, including but not limited to, students, young professionals and older people, who want to live near their workplace and/or near retail and other non-residential uses;

C.

To ensure compatibility of residential projects with surrounding uses and development patterns;

D.

To create additional opportunities, but not impose any obligation, for development beyond those uses allowed in the underlying zoning district; and

E.

To protect underlying land uses and the established character of existing neighborhoods.

(Ord. No. 1681, § 4, 8-8-23)

The regulations in this chapter apply only to residential development located within the residential overlay. All non-residential development shall conform to the regulations of the underlying zone. The residential overlay applies in certain portions of the city as shown in the maps provided herein.

A.

Properties located near Baseline Road and Riverside Avenue.

B.

Properties within the Gateway Specific Plan

C.

Properties within the Central Area Specific Plan.

D.

Properties located near North Riverside Avenue and Easton Street.

E.

Properties within the Foothill Boulevard Specific Plan.

(Ord. No. 1681, § 4, 8-8-23; Ord. No. 1682, § 1, 8-8-23; Ord. No. 1683, § 1, 8-8-23)

Uses permitted in the in the residential overlay are as follows:

A.

Multiple family dwellings, consisting of four or less units;

B.

Multiple family dwelling developments consisting of five or more units are permitted subject to the issuance of a conditional development permit by the city planning commission.

C.

Development projects consisting of any number of units, in which twenty percent or more of the residential units are affordable to lower-income households are permitted by-right and subject to the provisions of Government Code Section 65583.2 subdivisions (h) and (i).

(Ord. No. 1681, § 4, 8-8-23)

The regulations of the R-4 high density multiple family zone, outlined in Chapter 18.24 of this title, apply to residential structures in the residential overlay zone, except as otherwise provided in this chapter.

(Ord. No. 1681, § 4, 8-8-23)

The exceptions to the R-4 high density multiple family zone regulations, as set forth in this section, are applicable to residential structures in the residential overlay.

A.

Maximum density.

1.

Fifty dwelling units per acre for properties identified in:

a.

[Section] 18.116.020(A) located near Baseline Road and Riverside Avenue.

b.

[Section] 18.116.020(B) located in the Gateway Specific Plan area.

c.

[Section] 18.116.020(C) located within the Central Area Specific Plan.

d.

[Section] 18.116.020(D) located in the vicinity of North Riverside Avenue and East Street.

e.

[Section 18.116.020(E) located within the Foothill Boulevard Specific Plan.]

B.

Minimum density, twenty units per acre.

C.

Maximum building coverage, seventy percent of the lot area.

D.

Building height limit, five stories or sixty feet.

(Ord. No. 1681, § 4, 8-8-23; Ord. No. 1682, § 2, 8-8-23; Ord. No. 1683, § 2, 8-8-23)