San Leandro City Zoning Code
Title Z3
Overlay Zoning Districts
§ 3.04.100 Specific Purposes.
The specific purposes of this chapter are to:
A.
Establish a procedure for the development of larger parcels of land in order to reduce or eliminate the rigidity, delays, and inequities that otherwise would result from application of zoning standards and procedures designed primarily for small parcels.
B.
Ensure orderly and thorough planning and review procedures that will result in high-quality urban design.
C.
Encourage variety and avoid monotony in large developments by allowing greater freedom in selecting the means to provide access, light, open space, and amenity.
D.
Provide a mechanism for considering mixes of uses that can be made compatible by application of careful and imaginative treatment of interrelationships of activity.
E.
Encourage allocation and improvement of common open space in residential areas, and provide for maintenance of the open space at the expense of those who will directly benefit from it.
F.
Encourage the preservation of serviceable existing structures of historic value or artistic merit by providing the opportunity to use them imaginatively for purposes other than that for which they were originally intended.
G.
Encourage the assembly of properties that might otherwise be developed in unrelated increments to the detriment of surrounding neighborhoods.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.04.104 Land Use Regulations.
In all base districts where a Planned Development is a conditionally permitted use, the City may process an application for such Planned Development consistent with the requirements set forth herein.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.04.108 Rezone to Authorize a Planned Development Designation.
A zoning amendment to rezone property to a Planned Development Overlay District may be initiated by a property owner or authorized agent, or by resolution of the Planning Commission or the City Council. If initiated by a property owner and the property is not under a single ownership, all owners shall join in the application, and a map showing the extent of ownerships shall be submitted. In addition to the plans and materials required by Chapter 5.16 Amendments to accompany an application for a zoning map amendment, an application for rezoning to a Planned Development Overlay District shall include a "Planned Development Concept Plan," which includes the following materials:
A.
A conceptual site plan and a vicinity map showing the relationship of the site to the surrounding area.
B.
Preliminary calculations in tabular form showing compliance with applicable density, coverage, floor area, parking, and open-space regulations.
C.
Conceptual elevations of proposed structures and signs, with exterior materials and wall openings indicated.
D.
Photos of the site and of existing development in the immediate vicinity.
The Zoning Enforcement Official also may require any of the following items, based on the type, location, and potential impacts of proposed development: | |
A. | A map showing proposed district boundaries and the relationship of the district to uses and structures directly affected by the proposed Planned Development Overlay District. Evidence establishing that the land proposed for rezone to Planned Development Overlay District is owned by one individual or that the application is filed jointly by all property owners owning property in the proposed district or that the application is filed by an agency of the City. |
B. | A map or aerial photo of the proposed district and 100 feet beyond its boundary showing sufficient topographic data to indicate clearly the character of the terrain; the type, location, and condition of mature trees and other natural vegetation; and the location of existing development. |
C. | The proposed pattern of land use, with acreage and residential density computations. |
D. | The proposed street and lot pattern. |
E. | Scale models or perspective renderings of proposed development. |
F. | Such other information as is reasonably necessary to describe the Planned Development and its effects on other property or the community. |
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.04.112 Rezone Approval Procedures.
A.
The Planning Commission shall consider an application for rezone to a Planned Development Overlay District as prescribed in Chapter 5.16 Amendments.
B.
The Planning Commission may recommend approval of the rezone to a Planned Development Overlay District upon finding that the Planned Development Concept Plan is consistent with the adopted Land Use Element of the General Plan and other applicable policies of the General Plan and is compatible with surrounding development.
C.
After approval by the Planning Commission or on appeal from a Planning Commission denial, the City Council shall hold a hearing as provided by Section 5.16.112 Public Hearing Scope and Notice on any application to rezone a property to Planned Development Overlay District. Following the hearing, the City Council may approve a Planned Development Overlay District for the area described in the application if the City Council makes the findings required by Subsection B above.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.04.116 Zoning Map Designation.
A Planned Development Overlay District shall be noted by the designation "PD." This reference will follow the designation of the base district the Planned Development Overlay District modifies.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.04.120 Conditional Use-Planned Development Project Approval.
In an area that has been zoned to include a Planned Development Overlay District, a Planned Development project, as a form of conditional use permit, may be approved by the City Council, after recommendation by or appeal from the Planning Commission, and in accordance with the following regulations:
A.
Minimum Area. The minimum net area of a Planned Development shall be 10,000 square feet for any project. The calculation of areas necessary to qualify for Planned Development consideration shall not include the area in any street or way or public open space existing at the time of application.
B.
Residential Unit Density. The number of dwelling units in a Planned Development Project shall be established at the time the Planned Development Project is approved. The minimum residential density in any South Area district, for a stand-alone residential development or a mixed-use development, shall be 18 units per acre. Exceptions to the minimum density requirement shall be considered as part of the Planned Development application, but shall be supported with a preliminary pro forma or other statement from the applicant/developer that indicates reasons for reduced density.
C.
Performance Standards. The performance standards prescribed by Section 4.04.340 Performance Standards shall apply.
D.
Additional Development Regulations Condition. Additional development conditions may be as established in the Planned Development Project approval. For Planned Developments proposed in any South Area Zoning District, additional development conditions may result to achieve consistency with the Design Guidelines that are contained in the East 14th Street South Area Development Strategy.
(Ord. 2001-015 § 1; Ord. 2004-007 § 4; Ord. 2020-002 § 4)
§ 3.04.124 Planned Development Project Application.
Every application for Planned Development Project must be accompanied by a proposed time schedule for the development. The Planned Development Project plan shall consist of a site plan of the proposed development drawn accurately to scale and correctly showing the following, as appropriate:
A.
The boundary of the area included within the Planned Development Project;
B.
Existing and proposed property lines and boundaries within the Planned Development Project;
C.
Property lines of adjacent properties and the location and height of each building thereon;
D.
Use, location, and height of all proposed structures and signs and existing structures to remain;
E.
The width of the existing and proposed right-of-way for each adjacent street, including sidewalks;
F.
Vehicular and pedestrian circulation systems;
G.
Proposed grading, if site is not essentially level;
H.
Utility plans indicating provision of services to the development including provision of underground electrical service;
I.
Location and height of screen walls or fences;
J.
Designation of areas to be reserved or dedicated for public purposes including but not limited to streets;
K.
Provisions for conserving non-renewable energy resources, including but not limited to the use of solar energy;
M.
Provisions for parking, loading, and access shall be shown in detail. Parking stalls shall be numbered and typical stalls and aisle widths shall be dimensioned;
N.
Area and building lighting shall be identified as to its color, intensity and visibility from adjacent public streets and residential areas;
O.
Facilities for refuse storage and pick-up, air compressors, incinerators, or other equipment constituting a potential nuisance or undesirable view from adjacent properties or streets shall be identified, and adequate provisions to minimize their undesirable aspects shall be set forth;
P.
Detailed elevations of all signs to be erected shall be submitted for approval. Such plans shall accurately show the location of such signs in the development. Signs to be mounted flush with the wall of a building shall be shown on any elevation or rendering of such building;
Q.
A time schedule indicating the date by which construction of the project will begin, and the completion date. This schedule, as approved, shall become a part of the Planned Development Project approval; and
R.
Major elevations or perspective renderings of all buildings in the Planned Development Project shall be submitted. Notwithstanding any other provisions herein, such elevations or renderings must include all buildings to be built in the planned unit to enable the reviewing body to determine whether the entire development will have architectural unity and be in harmony with surrounding development.
(Ord. 2001-015 § 1; Ord. 2004-007 § 4; Ord. 2020-002 § 4)
§ 3.04.128 Planned Development Project-Hearing.
A.
Upon receipt of an application for a Planned Development Project as a conditional use, the application shall be set for public hearing before the Planning Commission. The public hearing on any Planned Development Project submitted with a petition to reclassify property to the Planned Development Project District shall be held before the Planning Commission on the same date and in conjunction with the hearing on said reclassification.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.04.132 Planned Development Project-Planning Commission Review.
A.
Planned Development Plan—Action by Planning Commission. Within 30 days after close of the public hearing on a Planned Development Project, the Planning Commission shall take action on the Planned Development Project unless such time limit is extended by agreement of the parties having an interest in the proceedings. Failure to take action within the time limit or any agreed extension thereof shall constitute a denial of the Planned Development Project. The Planning Commission may approve, conditionally approve, or disapprove any Planned Development Project. To recommend approval of a Planned Development Project, the Planning Commission must first make the findings provided in Subsection A of Section 5.08.124 Required Findings. The Commission must also find:
1.
The Planned Development Project Plan will provide superior urban design in comparison with the development under the base district zoning regulations;
2.
The Planned Development project includes adequate provisions for utilities, services, and emergency vehicle access; and that public service demands will not exceed the capacity of existing and planned systems.
B.
Planned Development Project—Disapproval of Application. If the action of the Planning Commission is to disapprove an application for a Planned Development Project as a conditional use, its action shall be final unless appealed.
C.
Planned Development Project—Report to City Council. If the action of the Planning Commission is to approve, or if an appeal of a disapproval is filed, the Commission shall report its findings and recommendations to the City Council.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.04.136 Planned Development Project-Action by City Council.
Upon receipt of such report or notice of appeal, the City Council shall set the matter for public hearing. Notice of time, place and purpose of such hearing shall be given in the same manner as provided in Section 5.08.116 Notice and Public Hearing. After conclusion of the public hearing, the Council may approve, conditionally approve, or deny the application for the Planned Development Project as a conditional use. Failure of the Council to act within 30 days after the conclusion of any such public hearing shall constitute disapproval of the application and shall terminate the proceedings thereon. No approval of a Planned Development Project as a conditional use may be made by the Council unless and until the substance thereof has first been referred to and reported upon by the Planning Commission. Prior to approving a Planned Development Project, the City Council must make the findings provided in Subsection A of Section 5.08.124 Required Findings. The City Council must also find:
A.
The Planned Development Project Plan will provide superior urban design in comparison with the development under the base district zoning regulations;
B.
The Planned Development Project includes adequate provisions for utilities, services, and emergency vehicle access; and that public service demands will not exceed the capacity of existing and planned systems.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.04.140 Planned Development Project-Exception from Provisions of Zoning Code.
The Planned Development Project as authorized shall be subject to all conditions so imposed and shall be excepted from other provisions of the Zoning Code to the extent specified in the authorization.
Property in any DA Zoning District that has a PD Overlay shall be governed by the design and uses provided in the conditions of the approved PD. Any changes proposed to the property shall be subject to the uses and zoning standards of the underlying DA zone subject to the review, discretion and approval of the Community Development Director. The Director shall review additions or changes to the property relative to the design context and planning issues of the adjacent properties and to the intent of the DA zone, to the TOD strategy, and to the General Plan.
(Ord. 2001-015 § 1; Ord. 2011-003 § 1; Ord. 2020-002 § 4)
§ 3.04.144 Status of Planned Development Approval.
A.
A Planned Development Project approval shall expire one year after the approval date unless a building permit has been issued and construction diligently pursued, or unless the Planned Development Project specifies an alternative development or phasing schedule. If a Planned Development Project approval expires, the Planning Commission shall initiate a zoning map amendment, as provided by Chapter 5.16 Amendments, to re-establish the prior district designation or such other district designation as it may deem appropriate.
B.
The Planning Commission may renew a Planned Development Project approval for up to two years if it finds the renewal consistent with the purposes of this chapter and that no substantive change has occurred in conditions or circumstances pertinent to the Planned Development or its approval. The Planning Commission may attach additional conditions or require compliance with additional or new development requirements or fees, either in effect at the time of renewal or necessary to make the findings required by Section 3.04.132 Planned Development Project— Planning Commission Review to achieve the purposes of the district and comply with the General Plan. Application for renewal shall be made in writing to the Zoning Enforcement Official not less than 30 days or more than 120 days prior to expiration of the Planned Development approval. Denial of a request for renewal of a Planned Development Project approval may be appealed, as prescribed in Chapter 5.20 Appeals.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.04.148 Modification of a Planned Development Project.
A.
A request for any change in conditions of approval, residential unit density, or other land use and property development regulations set forth in a Planned Development Project approval shall be treated as a new application for a Planned Development Project approval, subject to the submittal requirements of Section 3.04.124 Planned Development Project Application.
B.
If the Zoning Enforcement Official determines that the requested changes are minor and do not include substantial alterations to the Planned Development Project approval or conditions of approval and are consistent with the intent of the original Planned Development approval, the Zoning Enforcement Official may approve the changes or may refer the proposed changes to the Planning Commission. The Planning Commission may either approve or conditionally approve the requested changes or determine that the proposed changes shall be treated as a new application for a Planned Development Project approval. Decisions of the Planning Commission may be appealed in accord with Chapter 5.20 Appeals.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.08.100 Specific Purpose and Applicability.
In addition to the general purposes listed in Chapter 1.04 Title, Components, and Purposes the specific purpose of the IS Interim Study Overlay District is to allow discretionary review of development proposals in areas where major changes in zoning regulations and development standards are contemplated and under study.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.08.104 Initiation and Zoning Map Designation.
The IS Overlay District may be initiated under the procedures for Zoning Map amendments prescribed by Chapter 5.16 Amendments. Prior to or in conjunction with approving an amendment reclassifying land to an IS Overlay District, the Planning Commission and City Council shall approve a study plan that identifies regulatory problems and state land-use and development issues to be resolved for the area proposed for reclassification. The IS Overlay District may be combined with any base district. Each IS Overlay District shall be shown on the zoning map with an "-IS" designator. A reference to the enacting ordinance and the expiration date of the IS Overlay District also shall be included on the Zoning Map.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.08.108 Land Use Regulations.
A.
Use Permit Required. Approval of a use permit shall be required for establishment of a new or expanded use in an IS Overlay District and may be approved for any use classification permitted or conditionally allowed with a use permit in the base district with which the IS Overlay District is combined.
B.
Required Findings. In addition to the findings required for use permits by Chapter 5.08 Use Permits and Variances and additional findings that may be required for specific use classifications, approval of a use permit in the IS Overlay District shall require a finding that the proposed use does not fall within the scope of the land-use and development issues to be resolved for the area at the time the IS Overlay District was adopted.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2022-001 § 3)
§ 3.08.112 Property Development Regulations.
Development regulations for the IS Overlay District shall be specified by a use permit or shall be those of the base district with which the IS Overlay District is combined.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.08.116 Expiration of IS District Ordinance-Renewal.
An ordinance establishing an IS Overlay District shall contain a provision terminating the IS designation not more than two years from its effective date. An ordinance establishing an IS Overlay District may be amended, reenacted, or superseded by a zoning map amendment adopted as prescribed by Chapter 5.16 Amendments.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.08.120 Resubmittal of Development Proposals.
Notwithstanding the provisions of Chapter 5.08 Use Permits and Variances, a use permit application that has been denied or approved subject to conditions unacceptable to the applicant may be resubmitted on or after the effective date of a zoning map and/or text amendment superseding an IS Overlay District designation.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2022-001 § 3)
§ 3.12.100 Specific Purposes and Applicability.
The CV Conservation Overlay District is intended for property owners to initiate and implement programs for the revitalization or conservation of areas or districts possessing distinctive features, identity, or character worthy of retention and enhancement. The CV district takes effect through adoption of a plan and a set of regulations that will facilitate maintenance and upgrading of the neighborhood and development of vacant or underused lots while reducing or eliminating incompatible mixes of uses.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.12.104 Area Requirements.
Each CV Overlay District shall include a minimum contiguous area of three acres, including intervening streets and alleys, and shall contain at least three separate parcels.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.12.108 Status of CV Overlay District and Approved Plans.
A.
Adoption of a CV Overlay District proposal shall be by amendment to the Zoning Map, in accord with the provisions of Chapter 5.16 Amendments, but the map amendment shall not alter the use regulations or development standards of the underlying sub-district. A use permit approving a Neighborhood Conservation Plan shall be approved by the City Council at the same time as the map amendment is adopted and shall establish standards and conditions for development consistent with the purposes of the Plan.
B.
All development shall be in accordance with an approved Neighborhood Conservation Plan and the use permit, which may be amended as provided in the conditions of approval. The Planning Commission may recommend and the City Council may approve amendments to the Neighborhood Conservation Plan to allow development in accordance with the underlying zoning regulations rather than as specified by the Conservation Plan if the Commission and Council find that the Conservation Plan, as approved, is unlikely to be implemented for the site in question and if limitations on development of the site have not been recorded as a condition of approval of development elsewhere within the Conservation Plan area.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.12.112 Allowable Modifications to Land Use Regulations and Property Development Standards.
After a duly noticed public hearing, the following changes in use regulations and development standards may be approved as part of a Neighborhood Conservation Plan:
A.
Regulations for specific use classifications may be modified by the Neighborhood Conservation Plan to accommodate unique or mixed uses serving the neighborhood consistent with the General Plan.
B.
Site development standards may be modified by the Neighborhood Conservation Plan consistent with the General Plan.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.12.116 Application for Zoning Map Designation.
A.
Owners of 51 percent or more of the land in an area meeting the area requirements of Section 3.12.104 Area Requirements and one or more of the criteria of Subsection C of Section 3.12.120 Adoption Procedures may file an application with the City for the designation of the area as a CV Conservation Overlay District. The application may include lots within one or more base zoning districts. The City Council or Planning Commission may initiate a Conservation Overlay District as prescribed in Chapter 5.16 Amendments.
B.
The application shall include the following:
2.
A map indicating the boundaries of all lots in the proposed Conservation Overlay District and the base district(s) contained within the proposed CV Overlay District.
3.
A Neighborhood Conservation Plan consisting of a map and such other textual and graphic material as may be necessary, indicating land uses, building types and designs, site development requirements, signing, circulation, off-street parking, and modifications in base district regulations.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.12.120 Adoption Procedures.
A.
The Planning Commission shall hold a duly noticed public hearing on the application in accordance with the provisions of Chapter 5.16 Amendments. Following the hearing, the Commission may recommend approval or conditional approval of the Neighborhood Conservation Plan if it implements the purposes for which designation of the CV Overlay District is proposed and is consistent with the General Plan and shall transmit the application and the plan with its recommendation to the Council.
B.
The City Council shall hold a hearing in accord with the provision of Chapter 5.16 Amendments on any application and plan transmitted to it by the Planning Commission.
C.
Following the hearing, the City Council may approve or conditionally approve a Neighborhood Conservation Plan and adopt a CV Conservation Overlay District for the area described in the application if the area meets one or more of the following criteria:
1.
Distinctive building features, such as period of construction, style, size, scale, rhythm, mass, color, and material;
2.
Distinctive features or articles associated with the streetscape, such as light fixtures and devices, signs, benches, curb markers, kiosks, and bollards;
3.
Distinctive site planning and natural features, such as lot platting, street layout, setbacks, alleyways, sidewalks, creek beds, parks, and gardens; or
4.
Distinctive land uses or land-use patterns, such as mixed or unique uses or activities, not permitted by base district regulations without modification.
D.
The City Council shall adopt each Conservation Overlay District by ordinance pursuant to Chapter 5.16 Amendments. The adopting ordinance shall include a reference to the approved Neighborhood Conservation Plan for the district, a statement of purposes, and a list of the modifications to the base district regulations.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.12.124 Zoning Map Designation.
Each Conservation Overlay District shall be shown on the zoning map by a "-CV" designator applied to the base district designations. A reference to the enacting ordinance also shall be included on the zoning map.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.12.128 Building Permits to Conform to Adopted Plan.
Applications for building permit for projects located in a Conservation Overlay District shall be accepted only if project plans are consistent with the adopted CV Overlay District ordinance and the approved Neighborhood Conservation Plan and all other applicable requirements of this Code and the Municipal Code.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.16.100 Specific Purposes and Applicability.
In addition to the general purposes listed in Chapter 1.04 Title, Components, and Purposes the specific purpose of the S Special Review Overlay District is to provide for discretionary review of development proposals in the Marina Automall area and in other geographic areas of the City with unique needs, which may be designated by the City Council, consistent with General Plan policies. This will ensure an orderly transition from older obsolete uses to new activities that are compatible with adjacent uses and will prevent development that may be detrimental to the community.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.16.104 Applicability and Zoning Map Designation.
The S Special Review Overlay District may be combined with any zoning district. It may be initiated by the City Council or Planning Commission under the procedures established by Chapter 5.16 Amendments. Each S Overlay District shall be shown on the zoning map by adding an "-S" to the base district designation. The zoning map also shall include a reference to the adopting ordinance establishing the S Overlay District.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.16.108 Land Use and Property Development Regulations.
The land use and development regulations applicable in an S Overlay District shall be those of the base zoning district with which the S Overlay District is combined unless modified by another overlay district or by the ordinance establishing the S Overlay District. The requirements of the applicable S Overlay District shall govern where conflicts arise.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.16.112 Use Permit Required.
A use permit is required for any of the following actions within an S Overlay District:
A.
Establishment of any new land use and/or structure, excluding accessory structures that are minor in nature.
B.
Substantial expansion or alteration of any existing land use and/or structure.
C.
Approval of any tentative or parcel map.
D.
Any other action specified by the City Council at the time of the establishment of an S Overlay District.
E.
In addition to or in lieu of a use permit, the City Council may establish other review procedures or requirements at the time of establishment of an S Overlay District or necessary to assure conformance of uses and buildings with purposes and objectives of the S District.
F.
Exceptions. The Zoning Enforcement Official may waive the requirement for a use permit or other specified discretionary approval for the following activities, provided that any such waiver is not inconsistent with any policy directive or review criteria incorporated in the legislation establishing the S Overlay District. These exceptions include alterations of existing structures that are minor in nature or that do not add more than 10 percent to existing floor area, and maintenance or repair of existing structures.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.16.116 Review Criteria.
In addition to the requirements of Sections 5.08.124 Required Findings and 5.08.128 Conditions of Approval, the City Council, upon recommendation of the Planning Commission, may establish specific review criteria for each S Overlay District. These may address the relationship of the proposed land use and/or development to the surrounding area, site planning and architectural design, landscaping, parking and loading, access and on-site public facilities, the displacement and relocation of existing uses, and any policies or aspects of the General Plan or any Specific Plan applicable to the area.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.16.120 Conditions of Approval.
In addition to the conditions of approval that may be imposed under Section 5.08.128 Conditions of Approval, the Planning Commission may impose reasonable conditions to ensure compliance with the specific purposes and intent of the applicable S Overlay District, including time limits or restrictions on certain improvements to mitigate potential adverse effects, protect existing uses, and/or facilitate orderly change, at a later date, consistent with the General Plan.
§ 3.16.124 Procedures.
A.
General Procedures. An application for approval of a use permit in an S Overlay District shall be processed in accord with the procedures established by Sections 5.08.112 Initiation and 5.08.116 Notice and Public Hearing and any additional requirements applicable to that S district.
B.
Additional Requirements. The ordinance establishing the S Overlay District may impose additional requirements for information to be submitted with each application, such as an independent analysis of economic and fiscal impacts, an independent evaluation of compatibility between the new use(s) and adjacent development, or an assessment of alternative development concepts. If required, this information shall be considered by the Planning Commission in making a decision to approve, conditionally approve, or deny a use permit or other discretionary approval.
§ 3.20.100 Specific Purposes and Applicability.
In addition to the general purposes listed in Chapter 1.04 Title, Components, and Purposes, the specific purpose of the AU Assembly Use Overlay District is to provide for discretionary review of assembly uses on certain nonresidentially zoned properties which may be designated by the City Council, consistent with General Plan policies. This allows Assembly Uses, as defined in Section 1.12.108 Definitions, to be considered on nonresidentially zoned properties on a conditional use basis, beyond the residential-zoned properties for which they are already conditionally permitted.
(Ord. 2007-005 § 3; Ord. 2020-002 § 4)
§ 3.20.104 Applicability and Zoning Map Designation.
The AU Assembly Use Overlay District may be combined with any zoning district. It may be initiated by the City Council or Planning Commission under the procedures established by Chapter 5.16 Amendments. Each AU Overlay District shall be shown on the zoning map by adding an "-AU" to the base district designation. The zoning map also shall include a reference to the adopting ordinance establishing the AU Overlay District.
(Ord. 2007-005 § 3; Ord. 2020-002 § 4)
§ 3.20.108 Land Use and Property Development Regulations.
The land use and development regulations applicable in an AU Overlay District shall be those of the base zoning district with which the AU Overlay District is combined unless modified by another overlay district or by the ordinance establishing the AU Overlay District. The requirements of the applicable AU Overlay District shall govern where conflicts arise.
(Ord. 2007-005 § 3; Ord. 2020-002 § 4)
§ 3.20.112 Use Permit Required.
A use permit is required for any of the following actions within an AU Overlay District:
A.
Establishment of any new assembly use.
B.
Substantial expansion or alteration of any existing assembly use and/or structure.
C.
In addition to or in lieu of a use permit, the City Council may establish other review procedures or requirements at the time of establishment of an AU Overlay District or necessary to assure conformance of uses and buildings with purposes and objectives of the AU District.
D.
Exceptions. The Zoning Enforcement Official may waive the requirement for a use permit or other specified discretionary approval for the following activities, provided that any such waiver is not inconsistent with any policy directive or review criteria incorporated in the legislation establishing the AU Overlay District. These exceptions include alterations of existing structures that are minor in nature or that do not add more than 10 percent to existing floor area, and maintenance or repair of existing structures.
(Ord. 2007-005 § 3; Ord. 2020-002 § 4)
§ 3.20.116 Review Criteria and Conditions of Approval.
The review criteria and conditions of approval shall be as required in Sections 5.08.124 Required Findings and 5.08.128 Conditions of Approval.
(Ord. 2007-005 § 3; Ord. 2020-002 § 4)
§ 3.20.120 Procedures.
An application for approval of a use permit in an AU Overlay District shall be processed in accord with the procedures established by Sections 5.08.112 Initiation and 5.08.116 Notice and Public Hearing and any additional requirements applicable to that AU district.
(Ord. 2007-005 § 3; Ord. 2020-002 § 4)
§ 3.24.104 Specific Purposes.
The N Nonconforming Use Overlay District is intended to modify the regulations governing the required termination of nonconforming uses, as prescribed in Chapter 4.20 Nonconforming Uses and Structures, in order to promote the timely and orderly conversion to conforming use in areas that have several properties occupied by nonconforming uses.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.24.108 Applicability and Zoning Map Designation.
The N Nonconforming Use Overlay District may be combined with any base district. Where so combined, the provisions of this chapter shall apply to require termination of certain nonconforming uses, in lieu of the comparable provision of Chapter 4.20 Nonconforming Uses and Structures. The N Overlay District boundaries shall be shown on the zoning map by adding the "-N" designator to the base district regulations. A reference to the enacting ordinance also shall be included on the zoning map.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.24.112 Requirements for Establishment of District.
The N Nonconforming Use Overlay District may be established only when the Planning Commission recommends and the City Council makes the following findings:
A.
That the proposed district contains three or more nonconforming uses covering one-third or more of the parcels in a prescribed area;
B.
That the formation of such district would tend to reduce deterioration, blight, long-term vacancies, or other adverse conditions in the proposed district; and
C.
That the formation of such district would not be injurious to the property or to improvements for conforming uses within the proposed district and the immediately surrounding area.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.24.116 Initiation and Adoption Procedures.
The N Overlay District may be initiated by the City Council or the Planning Commission under the procedures for zoning map amendments prescribed by Chapter 5.16 Amendments. The City Council shall adopt each N Overlay District by ordinance after holding a public hearing and receiving a recommendation from the Planning Commission.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.24.120 Alternative Schedule for Termination of Nonconforming Use.
Upon establishment of an N Nonconforming Use Amortization Overlay District, the Planning Commission shall recommend and the City Council shall adopt a time schedule for required termination for nonconforming uses within the district, which are subject to termination as provided in Section 4.20.124 Elimination of Nonconforming Uses (Abatement). In establishing the district, the Planning Commission may recommend and the City Council may provide that the district and time schedules shall apply to some or to all nonconforming uses or conditions within the district. This time schedule shall apply to nonconforming uses within the N District and shall supersede the time periods set forth in Section 4.20.124 Elimination of Nonconforming Uses (Abatement). Any ordinance enacted pursuant to this chapter shall state the applicable amortization period. In recommending and adopting such time periods, the Planning Commission and City Council shall take into consideration but not be limited to the nature of construction of the structures within the district subject to amortization, the ages of such structures, the nature of the existing zoning, and the ability to convert such structures to accommodate conforming uses.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.28.100 Specific Purposes.
The specific purposes of the L Landmark Overlay District are to:
A.
Implement the City's General Plan with respect to the City's historical, cultural, or architectural heritage.
B.
Deter demolition, destruction, alteration, misuse, or neglect of historic or architecturally significant buildings that form an important link to San Leandro's past.
C.
Promote the conservation, preservation, protection, and enhancement of landmarks and historic districts.
D.
Stimulate the economic health and residential quality of the community and stabilize and enhance the value of property.
E.
Encourage development tailored to the character and significance of each landmark or historic district through a Landmark District Conservation Plan that includes goals, objectives, and design criteria.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.28.104 Applicability and Zoning Map Designator.
The L Landmark Overlay District may be combined with any zoning district. Each L Overlay District shall be shown on the zoning map by adding an "-L" designator to the base district designation.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.28.108 Land Use and Property Development Regulations.
The land use and development regulations applicable in an L district shall be as prescribed for the base district with which it is combined unless modified by another overlay district or by the ordinance establishing the L Overlay District, provided that the requirements of the Landmark District Conservation Plan shall govern where conflicts arise.
A.
Exceptions for Historic and Architecturally Significant Structures.
The Planning Commission may grant a use permit for an exception to the land use regulations of the base district with which an L District is combined when such an exception is necessary to permit the preservation or restoration of a historic or architecturally significant building, structure, or site.
Applications for such use permits shall be filed with the Zoning Enforcement Official. The Planning Commission may refer applications for an exception under this section to the Library-Historical Commission for a report and recommendation to be submitted to the Planning Commission. In making a decision, the Planning Commission shall make a written finding that shall specify the facts relied upon in rendering their decision.
§ 3.28.112 Criteria for Establishment of L District.
An area shall be eligible for inclusion in an L district if one or more of the following criteria are met:
A.
The area possesses character, interest, or value as part of the heritage of the City.
B.
The area is the location of a significant historical event.
C.
The area is identified with a person or group that contributed significantly to the culture and development of the City.
D.
Structures within the area exemplify a particular architectural style or way of life important to the City.
E.
Structures within the area are the best remaining examples of an architectural style in a neighborhood.
F.
The area or its structures are identified as the work of a person or group whose work has influenced the heritage of the City, the state, or the United States.
G.
The area or its structures embody elements of outstanding attention to architectural or landscape design, detail, materials, or craftsmanship.
H.
The area is related to a designated historic or landmark building or district in such a way that its preservation is essential to the integrity of the building or district.
I.
The area's unique location or singular physical characteristics represent an established and familiar visual feature of a neighborhood.
J.
The area has potential for yielding information of archaeological interest.
K.
The area's integrity as a natural environment strongly contributes to the well-being of the people of the City.
Portions of a base zoning district that do not meet the above criteria may be included in an L District if inclusion is found to be essential to the integrity of the district. |
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.28.116 Criteria for Designating Landmark Buildings.
Individual buildings may be designated as historic or architecturally significant landmarks if one or more of the criteria set forth in Section 3.28.112 Criteria for Establishment of L District are met. A landmark so designated shall be eligible for the same review procedures as buildings and structures within an L District.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.28.120 Conservation Plan Required.
Prior to filing an application for an L District, the applicant shall prepare a Landmark District Conservation Plan with the assistance of the Development Services Department. Each Landmark District Conservation Plan shall contain:
A.
A map and description of the proposed district, including boundaries; the age, setting, and character of structures; urban design elements and streetscapes; major public improvements; and proposed objectives to be achieved.
B.
A statement of the architectural or historical significance of the proposed district.
C.
A list of specific alterations that should be subject to design review in order to protect the architectural or historical character of the proposed district.
D.
A set of specific performance guidelines for new construction and alterations necessary to preserve the character of the proposed district.
E.
Proposed rules and regulations for design review.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.28.124 Application Requirements.
A.
Initiation. An application for an L District or landmark designation may be initiated by the Planning Commission or City Council, or by owners of 51 percent or more of the property within the proposed district.
B.
L District Application. If initiated by property owners, the application for an L District designation shall include:
C.
Landmark Building Applications. An application for a landmark building designation shall include:
1.
A map showing the location of the building or structure and building plans or photographs of the building exterior;
2.
A statement of the architectural or historical significance of the building and description of the particular features that should be preserved;
3.
Except when initiated by the City, the consent of the owner or authorized agent to the proposed designation is required. For purposes of this section, each condominium owners' association shall be deemed the property owner of common areas. Prior to accepting the application as complete, the Zoning Enforcement Official may request additional information, plans, or materials deemed necessary to support the application. Upon referral, a Library-Historical Commission public review of the application shall be held within 60 days of the date the application is accepted as complete; and
4.
The required fee.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.28.128 Review and Approval.
A.
Neighborhood Workshop on Proposed Districts. Prior to public review of application, the Library-Historical Commission may conduct a neighborhood workshop in the proposed district to explain the proposal and the amendment process to neighborhood residents. Notice of any workshop shall be given in the same manner prescribed for zoning map amendments by Section 5.16.112 Public Hearing Scope and Notice.
B.
Notice and Public Hearing. After any neighborhood workshop deemed appropriate, the proposed district shall be the subject of public hearings before the Planning Commission and the City Council.
C.
Contents of Public Notice. In addition to the information prescribed by Section 5.16.112 Public Hearing Scope and Notice, notice of a public hearing for the establishment of an L District or designation of a landmark shall include a statement that original petitioners have the right to withdraw their support of the district at any time prior to the hearing, and that property owners who have not signed the petition have the right to do so prior to the date of the hearing.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.28.132 Establishment of L Districts.
A.
Required Findings. In addition to the findings required by Subsection B of Section 5.16.116 Duties of Planning Commission, the Planning Commission and City Council shall find that the proposed district or landmark has a significant architectural or historical character that can be preserved and enhanced through appropriate controls on new development and alterations to existing buildings and landscaping.
B.
Adoption of Conservation Plan. An ordinance establishing an L District shall include a Landmark District Conservation Plan in the form submitted or as revised by the City Council. The Plan's performance guidelines may modify the land use and development regulations of the base zoning district, but shall not significantly alter the regulations. A performance guideline shall be found to be a significant alteration of base district regulations if it substantially prevents property from being used in accord with the provisions of the base district or creates a substantial number of nonconforming uses or structures.
C.
Effect on Projects Initiated Prior to Effective Date. No provision of this chapter shall apply to projects initiated prior to the effective date of an ordinance establishing an L District or designating a landmark. Such projects shall be considered nonconforming uses, subject to the provisions of Chapter 4.20 Nonconforming Uses and Structures. For the purposes of this subsection, a project shall be deemed initiated if an application, plans, and materials for concept or development plan review have been filed and accepted as complete.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.28.136 Issuance of Building Permits.
The Building Official shall not issue a permit for construction, alteration, enlargement, or demolition of a building or structure located in an L District or of a designated landmark except in accordance with the requirements of the L Overlay District and approved Landmark District Conservation Plan.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.28.140 Maintenance of Structures and Premises.
All property owners in L Districts and owners of designated landmarks shall have the obligation to maintain structures and premises in good repair. Structures and premises in good repair shall present no material variance in apparent condition from surrounding structures in compliance with the provisions of this chapter. Good repair includes and is defined as the level of maintenance that ensures the continued availability of the structure and premises for a lawfully permitted use and prevents deterioration, dilapidation, and decay of the exterior portions of the structure and premises.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
§ 3.34.100 Specific Purposes.
In addition to the general purposes listed in Chapter 1.04 Title, Components, and Purposes, the specific purpose of the MHP Mobile Home Park Overlay District is to reserve land for the construction, use, and occupancy of mobile home parks.
(Ord. 2021-009 § 3)
§ 3.34.104 Applicability and Zoning Map Designation.
The MHP Mobile Home Park Overlay District may be combined with any zoning district. Each MHP Overlay District shall be shown on the zoning map by adding an "MHP" to the base district designation. The zoning map shall include a reference to the adopting ordinance establishing the MHP Overlay District. Any parcel may be added to the MHP Mobile Home Park Overlay District under the procedures established by Chapter 5.16 of this Code.
(Ord. 2021-009 § 3)
§ 3.34.112 Use Regulations.
No use(s) shall be allowed in the MHP Mobile Home Park Overlay District except as specified herein. The following uses are allowed in the MHP Mobile Home Park Overlay District, subject to the approval of an Administrative Review by the Zoning Enforcement Official, as per the requirements of Chapter 5.04 of this Code:
(Ord. 2021-009 § 3)
§ 3.34.116 Development Regulations.
The development regulations applicable in an MHP Overlay District shall be those of the base zoning district with which the MHP Overlay District is combined.
(Ord. 2021-009 § 3)
§ 3.34.120 Notice.
If a property owner submits an application for a zoning map amendment to remove a mobile home park from the MHP Mobile Home Park Overlay District, notice of the public hearings at which the application is considered shall be mailed or delivered at least 30 days prior to the hearing to all residents of the pertinent mobile home park. This requirement shall be in addition to all other legally required noticing requirements in Civil Code Section 798.56 and Government Code Section 65863.8. The cost of such notice shall be borne by the applicant.
(Ord. 2021-009 § 3)
§ 3.38.100 Specific Purposes and Applicability.
In addition to the general purposes listed in Chapter 1.04 Title, Components, and Purposes, the specific purpose of the H Housing Overlay District is to allow multi-family and mixed-use housing as permitted uses.
(Ord. 2022-022 § 3)
§ 3.38.104 Applicability and Zoning Map Designation.
The H Housing Overlay District may be combined with any zoning district. Each H Overlay District shall be shown on the zoning map by adding an "H" to the base district designation. The zoning map shall include a reference to the adopting ordinance establishing the H Overlay District under the procedures established by Chapter 5.16 Amendments.
(Ord. 2022-022 § 3)
§ 3.38.108 Use Regulations.
(Ord. 2022-022 § 3)
§ 3.38.112 Development Regulations.
The development regulations applicable in a H Overlay District shall be those of the base zoning district with which the H Overlay District is combined.
(Ord. 2022-022 § 3)