(a)

Overlay districts are established to:

(1)

Facilitate cohesive development within specific areas of the City where increased residential densities and land use allowances complement the built environment;

(2)

Develop a mix of land uses that allow a variety of residential, health and wellness, open space/recreational, and other supportive land uses that create opportunities to group appropriate land uses while seamlessly integrating with existing neighborhood and development;

(3)

Promote development within underutilized or partially developed areas of the City in order to coordinate with existing development and provide complementary uses for the benefit of area residents;

(4)

Encourage the establishment of housing development within certain areas of the City by allowing increased density that expands housing options;

(5)

Provide incentives for infill development within the core area of the City as well as areas located along circulation element designated roadways within the general plan;

(6)

Establish standards for new housing options and ensure new development is well integrated with existing development;

(7)

Encourage flexibility of design in development by allowing both a vertical and/or horizontal mix of uses where appropriate and consistent with the general plan;

(8)

Promote linkages using a multi-modal circulation network, including transit, pedestrian sidewalks, paths and paseos, and bicycle and trail networks, to ensure safe, convenient access between uses that promotes physical activity and minimizes motorized vehicle use.

(b)

The purpose of each overlay district is as follows:

(1)

The LDRIO (Low Density Residential Infill Overlay) zoning district is intended to provide an increase in density to encourage infill development, promote the efficient use of existing infrastructure, and provide additional housing opportunities in the core area of the city for those desiring a detached single-family residential housing type but who are willing to have or want smaller lots, with appropriate community facilities. The Low Density Residential Overlay zone district allows up to nine dwelling units per gross residential acre and is intended to supplement the underlying R-1 (Single-Family Residential) zone district and the Low Density Residential designation expressed by the land use element of the general plan, which are cumulatively intended to guide development in the district.

(2)

The HWO (Health and Wellness Overlay) zoning district is intended to provide an opportunity to integrate land uses and design principles that promote health, wellness, equity and associated multi-family housing development with a density of up to 30 units per acre for health care workers, seniors, and others who would benefit from health and wellness related development. The Health and Wellness Overlay zone district is intended to supplement the underlying C-2 (General Commercial) and MU-2 (High Density Mixed Use) zone districts in conjunction with the Commercial and Mixed Use 2 land use designations of the general plan, which are cumulatively intended to guide development in the district.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

Overlay districts shall be applied to properties within the boundaries of the subject districts in conjunction with underlying zone districts as follows:

(a)

Low Density Residential Infill Overlay (LDRIO)—The LDRIO zone district shall only be applicable to properties:

(1)

Located within R-1 (Single-Family Residential) zones, including any supplement zoning designations (i.e. Transitional Districts, etc.); and

(2)

Not part of a previous residential subdivision, excepting for contiguous properties previously subdivided by a parcel map in compliance with Table 18-1.

(b)

Health and Wellness Overlay (HWO)—The HWO zone district shall be applicable to all C-2 (General Commercial) and MU-2 (High Density Mixed Use) zones, including any supplement zoning designations (i.e. Transitional Districts, etc.).

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

All development standards of the underlying zoning district shall be applicable unless otherwise modified as follows:

Table 18-1 summarizes supplemental development standards for the Low Density Residential Infill Overlay (LDRIO) zone district. Development within the Health & Wellness Overlay zone district shall comply with the provisions of the underlying zone district excepting for non-residential Floor Area Ratio and residential density allowances which may be increased pursuant to Section 16-3.18.060.

Table 18-1: Overlay District Development Standards

Notes for Table 18-1:

1.

Requires an integrated development via the implementation of a planned unit development (PUD) to utilize overlay district.

2.

Established by a project's specific planned unit development (PUD).

3.

Common recreational amenities shall be installed pursuant to the requirements of Table 16-2 of this Chapter.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

The following requirements also apply to uses and structures in Overlay Districts:

(a)

Single-family residential development over ten acres in size located within and utilizing any allowance of the Low Density Residential Infill Overlay zoning district shall require establishment of a homeowner's association that:

a.

Is responsible for the maintenance and upkeep of any recreational amenities, landscape areas, clubhouse, drainage facilities, etc. that are not otherwise owned and maintained by the City of Victorville; and

b.

Maintains sole oversight and enforcement duties of the rules and regulations of the homeowner's association where those rules and regulations are not otherwise enforced by the City of Victorville, County of San Bernardino, or the State of California.

(b)

Planned unit developments within the Low Density Residential Infill Overlay zoning district shall require establishment and permanent operation of a homeowner's association that:

a.

Is responsible for the maintenance and upkeep of any recreational amenities, landscape areas, clubhouse, drainage facilities, etc. that are not otherwise owned and maintained by the City of Victorville; and

b.

Maintains sole oversight and enforcement duties of the rules and regulations of the homeowner's association where those rules and regulations are not otherwise enforced by the City of Victorville, County of San Bernardino, or the State of California.

(c)

An unenclosed patio attached to a residence within the Low Density Residential Overlay (LDRIO) zoning district may project into the required rear yard setback a maximum of ten feet, excluding eaves; provided a minimum of five feet is maintained between the rear property line(s) and the patio; and:

a.

The project site was originally subdivided utilizing the allowances provided by the LDRIO, including average lot sizes less than 7,200 square feet and a density of over 5 dwelling units per gross acre;

b.

The rear property line of the project site abuts the rear property line of another lot subject to the rear yard setback projection allowances of the LDRIO zoning district; and

c.

The project site is not located within a Planned Unit Development.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

(a)

Developments within Overlay Districts that do not require or utilize a planned unit development shall be subject to the following review and approval processes:

(1)

Low Density Residential Infill Overlay (LDRIO)—Tentative map review is required, pursuant to Chapter 4, Article 2 of this Title, for all residential subdivision of property within a LDRIO zoning district.

(2)

Health and Wellness Overlay (HWO)—Site plan review is required, pursuant to Article 1 of this Chapter, for all development and/or physical expansion of a use and/or building within a HWO zoning district.

(b)

Development within Overlay Districts that requires or utilizes a planned unit development shall be subject to the following review and approval processes:

(1)

Low Density Residential Infill Overlay (LDRIO)—All requirements of Section 16-3.18.050(a) of this Title, in addition to approval of a planned unit development pursuant to Article 16 of this Chapter.

(2)

Health and Wellness Overlay (HWO)—All requirements of Section 16-3.18.050(b) of this Title, in addition to approval of a planned unit development pursuant to Article 16 of this Chapter.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

Projects within an Overlay District that utilize the maximum allowances provided by the subject Overlay District, excepting for specific development standards and incentives provided by this article, shall be subject to all requirements and development standards of a planned unit development, as outlined in Article 16 of this Chapter, as follows:

(a)

Low Density Residential Infill Overlay (LDRIO)—Requires approval and implementation of a planned unit development, as outlined in Article 16 of this Chapter, when density exceeds 7 dwelling units per gross acre.

(b)

Health and Wellness Overlay (HWO)—Requires approval and implementations of a planned unit development, as outlined in Article 16 of this Chapter, when:

(1)

Required pursuant to Article 9 of this Chapter; or

(2)

Used to implement specific incentives as authorized by Section 16-3.18.070 of this Article.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

Developments within Overlay Districts are provided the following incentives that can be combined or used independently, which are implemented and allowed as noted:

(a)

Increased land use allowances in accordance with Article 7 of this Chapter.

(b)

When located in the Health and Wellness Overlay zone district on a project site of 10 acres or more, and when subject to a planned unit development, as outlined in Article 16 of this Chapter, with a hospital, medical office, medical facility, or other health and wellness use as the primary use:

(1)

Increased floor area ratio of 2.0 within MU-2 zoned areas for non-residential uses; and/or

(2)

Housing as an accessory use in C-2 zoned areas.

(c)

Development Impact Fee reductions can be considered by the City Council in conjunction with a planned unit development review, as outlined in Article 16 of this Chapter, when reductions would promote the development of hospitals or other regional medical facilities.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

These design guidelines are intended to supplement the Single-Family Residential, Mixed Use, and Commercial design guidelines outlined in Articles 8, 9 and 10 of this Chapter. While the Single-Family Residential, Mixed Use, and Commercial design guidelines shall be utilized to facilitate developments within Overlay Districts independently when a planned unit development is not otherwise required, these supplemental Overlay District design guidelines shall be utilized when a planned unit development is required to utilize the maximum allowances provided by the subject Overlay District pursuant to Section 16-3.18.060 of this article. Development within Overlay Districts that utilizes or requires the establishment of a planned unit development pursuant to this article shall also be subject to the following supplemental design goals, objectives, and principles.

(a)

Design goals. Developments within Overlay Districts are intended to promote increased residential densities and provide creative mixes of commercial, professional, residential, and health and wellness related uses that vary in composition and intensity based upon location, accessibility, and the surrounding built environment. These guidelines present common goals that encourage the highest level of design quality while allowing maximum flexibility in the design of development within Overlay Districts that will:

(1)

Encourage a variety of compatible residential and non-residential land uses in close proximity to existing or ancillary land uses to complement existing development and surrounding zoning designations;

(2)

Provide opportunities to incorporate health and wellness uses, recreational amenities, and open space into new development; and

(3)

Emphasize design compatibility with existing development and proposed land uses in site planning, architectural design, and building scale.

(b)

Design objectives. The design of development projects within Overlay Districts shall:

(1)

Respect the scale, proportion and character of the surrounding area;

(2)

Reinforce or establish a distinct architectural image;

(3)

Establish attractive, inviting, imaginative and functional project design;

(4)

Foster non-vehicular connectivity and integration within the neighborhood and between commercial and non-commercial uses;

(5)

Facilitate and encourage pedestrian and recreational activity and mitigate adverse automotive patterns;

(6)

Enhance surrounding neighborhoods, existing development and the City as a whole;

(7)

Maintain a sense of harmony and proportion along street frontages and other portions of the project accessible by the public or exposed to public view; and

(8)

Preserve and incorporate historically, culturally, or architecturally significant buildings and themes into the development proposals where appropriate.

(c)

Design principles. Development within Overlay Districts shall incorporate the following design principles throughout the project site where appropriate:

(1)

Connectivity and Interconnectivity. Development within overlay districts shall be designed to provide connectivity within the project site as well as interconnectivity to surrounding developments and neighborhoods/corridors. Non-vehicular and vehicular modes of transportation shall also be considered equally when designing project circulation patterns.

(2)

Shared facilities. Required facilities such as recreational amenities, gathering spaces, landscaping, drainage facilities and shared parking should be designed and integrated throughout the site to be utilized by all tenants, patrons, and visitors to the site.

(3)

Coordinated architectural design. Architectural design should reflect a style that characterizes or complements the predominant area style or theme, as applicable. The architectural style or theme of a development within an overlay district should be consistent throughout a project, however, variation in color schemes, design details, massing and scale are acceptable when continuity is consistent throughout the development.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)