Editor's note— Ord. No. 2309, § 2(Exh. A), adopted Jan. 17, 2017, repealed Div. 1, §§ 26-686—26-689, which pertained to civic center. For prior history, see Code Comparative Table.

It is the intent of the city that undeveloped land designated as being within the hillside overlay zone, be developed according to the guiding principles and standards of this division in order to accomplish the following:

(a)

To assure the orderly development of hillside areas.

(b)

To achieve land use densities that are in conformance with the general plan; however, the uniformity of these densities will be modified by, (1) prohibiting development on excessively steep slopes and (2) permitting "density transfers" in order to achieve specific economic, energy, environmental and aesthetic objectives.

(c)

To promote a development pattern that balances economics with environmental concerns, and private property rights with the public interest.

(d)

To assure land planning and development patterns that take into account the cost-benefits of alternative designs upon city services and fiscal resources.

(e)

To assure development patterns that will minimize the utilization of the critically scarce resources, water and energy.

(f)

To encourage hillside development that will leave a residual amount and pattern of undeveloped land, so as to form the nucleus of a viable open space system in the San Jose Hills.

(g)

To assure the placement of hillside development so that the open space will coincide with areas of critical environmental concern and/or recreational opportunity.

(h)

To assure that well-designed residential development occurs, that is compatible with the site and the adjacent hillsides.

(i)

To assure that hillside development demonstrates a concern for the view of the hills as well as the view from the hills so as to retain the sense of identity and image that these hill areas impart to the city and its environs.

(j)

To assure that streets, public utilities and facilities are designed and constructed in an orderly, well-managed, planned manner; with each development taking into consideration its impact on existing and future development in the area.

(Code 1960, § 11202.01; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1358, § 1, 10-24-77)

The term "hillside areas," as used in this division, means those areas which form the complex of hilly topography commonly known as the San Jose Hills, and are so designated on the city's zoning map.

(Code 1960, § 11202.01a; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1358, § 1, 10-24-77)

(a)

Hillside areas shall be designated on the zoning map by an "H" overlay zone. The provisions of the base zone shall apply except that the provisions of this article shall supersede conflicting provisions of the base zone.

(b)

Before the "H" overlay zone is applied to, or removed from, the zoning map, the planning commission shall hold a hearing and on the basis of the evidence presented, the commission shall determine whether the area should be so designated/undesignated. Notice of such hearing shall be in the manner prescribed in this chapter.

(Code 1960, § 11202.02; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1358, § 1, 10-24-77)

(a)

The developer of any proposed development in the hillside (H) overlay zone that involves a division of land, shall submit: (1) a site plan; (2) exterior elevations of the residences; and (3) a scale model for any subdivision in conjunction with the tentative map. The site plan will be reviewed for compliance with this division, the subdivision map act, the general plan, applicable specific plans, this chapter, grading ordinances, etc.

(b)

Site plans shall include:

(1)

The location of the dwelling units on the building pads;

(2)

Delineation of the planted and unplanted portions of the site;

(3)

Fire trails/roads;

(4)

Structures in the open space areas;

(5)

Any other information the planning division deems is necessary for review.

(c)

No division of land or site plan shall be approved which does not accommodate or provide for sewage disposal and water capacity sufficient to permit an extension of the facilities to serve other adjacent areas which are affected by the division of land or site plan.

(d)

In addition to the above, the following reports shall be submitted for staff and planning commission review when a development site falls within a hazardous geologic area as defined by the adopted seismic safety element of the general, plan:

(1)

An engineering geologic investigation based on the most recent grading plan and including adequate description of the geology of the site and conclusions and recommendations regarding the affect of geologic conditions on the development.

(2)

A soils engineering investigation based on the most recent grading plan and including data regarding the nature, distribution, and strength of soils, conclusions, and recommendations for grading procedures, and design criteria for corrective measures.

(Code 1960, § 11202.02a; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1358, § 1, 10-24-77; Ord. No. 2030, § 4, 4-20-99)

The average slope of a lot or parcel shall be calculated for the purposes of this division according to the formula:

S = .0023I L
A

where:

S is the average slope in percent.

I is the contour interval in feet.

L is the combined length of contour lines in scale feet.

A is the gross area in acres of the parcel or as applicable.

In measuring the slope, a topographic base map shall be used which meets the requirements for tentative maps as specified in the city's subdivision ordinance. Measurement along contours shall be made at contour intervals not to exceed ten (10) feet.

(Code 1960, § 11202.03; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1358, § 1, 10-24-77; Ord. No. 1488, § 20, 8-25-80)

Any substantial portion of hillside area over forty-five (45) percent slope must be left in an essentially natural, ungraded state. Furthermore, it is intended that minimal grading be performed on slopes in excess of thirty-five (35) percent, wherever possible.

(Code 1960, § 11202.03a; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1358, § 1, 10-24-77)

The maximum density of any one (1) property within the hillside (H) overlay zone shall be one (1) dwelling unit per gross acre. This maximum density may not be obtained on sites containing extensive areas of steeply sloped terrain.

(Code 1960, § 11202.04; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1358, § 1, 10-24-77)

(a)

The number of residential units permitted a property (based on one (1) dwelling unit per gross acre) may be transferred and concentrated to a portion of the site when the criteria outlined below occur. The minimum lot size, in such case, shall be twenty thousand (20,000) square feet. The residual open space areas, which are to remain free of residences, shall conform to the standards outlined in section 26-706.

(b)

The density transfer shall be applied to all hillside (H) properties where:

(1)

A density transfer will substantially lessen the per unit utility and improvement costs to the developer and to the prospective homebuyer.

(2)

A density transfer will substantially lessen the service costs.

(3)

A density transfer will preserve substantial portions of the hillside critical for natural processes, scenic beauty, wildlife habitat etc., in an essentially natural state.

(4)

A density transfer will leave substantial portions of the site ungraded.

(c)

It is the intent of this section, that hillside (H) properties utilize the density transfer wherever it is feasible to do so.

(Code 1960, § 11202.04a; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1358, § 1, 10-25-77)

The following standards will be adhered to for proposed divisions of land in the hillside (H) overlay zone, that are transferring density. Modifications of these standards will only be permitted where it can be demonstrated to the planning commission that strict interpretation of such standards will prove to be impractical due to the variable nature of hillsides and shall not be detrimental to the environment:

(a)

The minimum lot size shall be twenty thousand (20,000) square feet.

(b)

The minimum lot width shall be eighty (80) feet and the minimum lot depth shall be one hundred twenty-five (125) feet.

(c)

The setback standards shall conform to those of the underlying zone. Variable front yard setbacks may be required where pad size and other environmental considerations permit.

(d)

Building design shall be compatible to the specific site, the hillside, and neighboring developments.

(e)

Structures, eaves or any building appurtenance overhanging slopes shall be prohibited and shall have a clear twenty-five-foot setback from location of slope unless waived by the city building and fire departments.

(f)

Roofing shall be of a noncombustible material as defined in the most current edition of the Uniform Building Code unless appealed to and waived by a committee consisting of the planning director, building official, and the fire chief, or their respective deputies or assistants when so authorized. An appeal of the committee's decision to the planning commission and then city council may be taken by filing a written notice of appeal with the city clerk, together with a thirty dollar ($30.00) appeal fee.

(Code 1960, § 11202.05; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1358, § 1, 10-24-77; Ord. No. 1478, § 1, 5-27-80; Ord. No. 2030, § 4, 4-20-99)

The following standards will be adhered to for all proposed divisions of land in the hillside (H) overlay zone, that are not transferring density in accordance with section 26-703.

(a)

Minimum lot size shall be one (1) acre (forty-three thousand five hundred sixty (43,560) square feet). Lot dimensions, setback standards, maximum building coverage and other zoning requirements shall conform to Area District V standards.

(b)

Structures, eaves or any building appurtenance overhanging slopes shall be prohibited and shall have a clear twenty-five (25) foot setback from location of slope unless waived by the city building and fire departments.

(c)

Roofing shall be of a noncombustible material as defined in the most current edition of the Uniform Building Code unless appealed to and waived by a committee consisting of the planning director, building official, and the fire chief, or their respective deputies or assistants when so authorized. An appeal of the committee's decision to the planning commission and then the city council may be taken by filing a written notice of appeal with the city clerk, together with a thirty dollar ($30.00) appeal fee.

(Code 1960, § 11202.05a; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1358, § 1, 10-24-77; Ord. No. 1478, § 2, 5-27-80; Ord. No. 1488, § 21, 8-25-80; Ord. No. 2030, § 4, 4-20-99)

The developer in formulating, and the planning division/planning commission in reviewing, a site plan for a density transfer design, shall abide by the following criteria in selecting the open space areas.

(a)

Lands with steep slopes.

(b)

Lands that have outstanding scenic or ecological value.

(c)

Lands that would assist in the creation of an open space system.

(Code 1960, § 11202.06; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1358, § 1, 10-24-77; Ord. No. 2030, § 4, 4-20-99)

The following regulations shall apply to all common open space areas:

(a)

Such lands shall be preserved in essentially their natural state as a collective private open space owned, maintained and enjoyed by the tract's residents.

(b)

Development in the common open space areas will be prohibited in a recorded deed restriction, with authority vested in the city to enforce the restriction.

(c)

The city may require easements for public access through portions of these open space areas. Such easements will be conditions of tentative map approval, and shall be delineated on the final map.

(Code 1960, § 11202.06a; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1358, § 1, 10-24-77)

(a)

As a condition to the approval of (and prior to the recordation of) a final map landscaping plans including planting design and an irrigation system (all of which are prepared by a licensed landscape architect) shall be submitted by the applicant for review and approval by the planning director or duly authorized representative.

(b)

In acting upon landscaping plans, the planning director shall consider the screening of trash enclosures, parking areas in multiple residential developments, the planting of slopes for both stabilization and appearance, and fire resistance, durability, size, and quality of the proposed plant material. If required, the developer shall assume all costs to provide proof, that the above requirements are met.

(c)

Applicant shall prepare a statement of the quality of existing vegetation in regard to its ability to prevent soil erosion, and provide fire resistance. If existing vegetation is unacceptable to the appropriate departments in terms of these qualities, it shall be replaced by acceptable material.

(d)

Planting and irrigation system plans shall address the following:

(1)

All cut and fill slopes shall be planted with deep-rooted plants that are able to acclimate to the proposed environment. A permanent irrigation (as approved by the planning director) shall be installed to uniformly cover all planted areas.

(2)

Slope planting and irrigation systems shall be provided by the developer on all slopes greater than four (4) feet vertical height. Slopes shall be adequately planted with landscaping consisting of a minimum of one-third shrubs and trees. The remainder may be grass or ground cover and trees and shrubs. The final plans showing the landscaping and irrigation shall be subject to the approval of the planning director. All planting and irrigation systems shall be complete and operative before final approval of the grading, or issuance of occupancy on the residence.

(3)

Plants consisting of grass, groundcover, shrubs, and trees as recommended in the planting schedule shall be used. In addition to ground cover plants, approved shrubs having a minimum one (1) gallon size at ten (10) feet on center in both directions on the slope, or trees having a minimum five (5) gallon size at twenty (20) feet on center both ways may be used. A combination of shrubs and trees may be utilized. This plant and planting pattern may be varied upon the recommendation of the landscape architect and approval of the planning director.

(4)

Irrigation details. Fully automated irrigation systems are required unless waived by the planning commission; however, the owner shall be responsible for watering the slopes which have been planted at sufficient time intervals to promote growth.

a.

Minimum requirements for low slopes to fifteen (15) feet in vertical height:

i.

A sprinkler system shall be installed to irrigate such slopes at the time the house plumbing is installed.

ii.

If the planning director finds the slope is located in an area which makes handwatering possible conveniently located hose bibs will be accepted in lieu of the required sprinkler system when a hose no longer than fifty (50) feet can be utilized.

b.

Minimum requirements for medium slopes fifteen (15) feet or higher in vertical height: An adequate sprinkler system shall be installed during grading prior to planting of shrubs and trees and before final grading is approved by the building official.

c.

Special requirements for sprinkler systems:

i.

Plans, specifications, and calculations for the sprinkler system shall be submitted to and approved by the planning director prior to installation.

ii.

Sprinkler systems shall be designed to provide a uniform water coverage at a rate of precipitation of not less than one-tenth inch per hour nor more than three-tenths inch per hour on the planted slope. In no event shall the rate of precipitation or duration of sprinkling be permitted to create an erosion problem or allow the discharge of excess water into any public or private street.

iii.

A check valve and balance cock shall be installed in the system where drainage from sprinkler heads will create an erosion problem.

iv.

A functional test of the sprinkler system shall be performed by the installer prior to approval.

v.

Sprinkler systems shall be fully automatic unless waived by the planning commission.

vi.

The irrigation system shall comply with article XIV, division 1, and Planning Commission Resolution No. 11-92-4718.

(5)

Planning Commission Resolution No. 11-92-4718 contains a list of plants identified as meeting the purpose and intent of the water efficient landscape ordinance. In addition, section 26-709 contains plants appropriate for planting in the hillside slope area.

(e)

All landscape areas, whether installed pursuant to this chapter or not, shall be maintained free of litter and diseased or dead plants. Diseased, dead, damaged and/or disfigured plants shall be replaced a deemed necessary by the planning director. Irrigation systems and their components shall be maintained in a fully functional manner consistent with the originally approved design and the provisions of this division, article XIV, division 1, and Planning Commission Resolution No. 11-92-4718.

Landscapes shall be maintained to ensure water efficiency and minimize water waste leading to excessive runoff, low head drainage, overspray and other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways or structures. A regular maintenance schedule should include, but not be limited to, checking, adjusting, and repairing irrigation equipment; resetting the automatic controller; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; and weeding in all landscaped areas. All tree pruning shall be performed in compliance with acceptable standards as set forth by The Western Chapter International Society of Arborists.

(f)

All landscape areas and irrigations systems shall be subject to the water efficiency provisions contained in Division 1, of Article XIV of Chapter 26 of this Code, and the Planning Commission Guidelines for Water Efficient Landscaping, unless specifically exempted by those water efficiency provisions.

(Code 1960, § 11202.07; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1358, § 1, 10-24-77; Ord No. 1912, § 2, 1-15-93; Ord. No. 2205, § 3(Exh. A), 4-6-2010)

(a)

Turf: Lawn grasses may be used on any areas that can be mowed (generally, 3:1 or flatter).

(b)

Ground cover plantings on steeper slopes: Permitted ground cover plantings on steeper slopes are:

(1)

Grasses (seed to be planted at five (5) to ten (10) pounds per one thousand (1,000) square feet).

a.

Agrostis alba: Red Top.

b.

Cistus villosus: Rock Rose.

c.

Dimorphotheca aurantiaca: African Daisy.

d.

Escholzia california: California Poppy.

e.

Festuca elatior arundinacea: Meadow Fescue.

f.

Festuca rubra: Red Fescue.

g.

Mimulus longiflorus: Monkey Flower.

h.

Pennisetum villosus: Fountain Grass.

i.

Tropaeolum majus: Nasturtium.

j.

Other grasses and percentages may be recommended by a landscape architect subject to approval by the planning director.

(2)

Ground cover plants (may be used in lieu of grasses, to be planted maximum eighteen (18) inches on center):

a.

Arctotheca calendula: Cape Weed.

b.

Baccharis pilularis: Dwarf Coyote Bush.

c.

Carpobrodus edulis: Hottentot Fig (may be allowed on banks having less than 3:1 slope)

d.

Malephora crocea: Ice Plant (may be allowed on banks having less than 3:1 slope)

e.

Rosemarinus officinalis prostratus: Dwarf Rosemary.

f.

Other deep-rooted ground cover plants recommended by a landscape architect subject to approval by the planning director.

(3)

Evergreen shrubs:

a.

Acacia longifolia: Sydney Acacia.

b.

Acacia cyclops: Cyclops Acacia.

c.

Baccharis viminea: Mule Fat.

d.

Callistemon: Bottle Brush.

e.

Ceanothus grisesus horizontalis: Carmel Creeper.

f.

Ceanothus obliganthus: Hairy Ceanothus.

g.

Custus purpurea: Rock Rose.

h.

Cotoneaster dammeri, C. horizontalis, C. microphilla.

i.

Eriodictyon trichocalyx: Yerba Santa.

j.

Escallonia organensis: Organ Mountain Escallonia.

k.

Fremontia california: California Fremontia or Flannel Bush.

l.

Garrya elliptica: Silktassel Bush.

m.

Genista sagittalis.

n.

Grevillea lanigers: Wooly Grevilea.

o.

Heteromeles arbutifolia: California Holly.

p.

Hypericum calycinum: Aaron's Beard/St. John's wort.

q.

Jasminum humile revolutum: Italian Jasmine.

r.

Jasminum mesnyli: Primrose Jasmine.

s.

Juniper variety.

t.

Melaleuca wilsonii: Wilson Melaleuca.

u.

Nerium oleander: Common Oleander.

v.

Photinia fraseri: Photinia.

w.

Prunus ilicifolia: Holly-leaved Cherry.

x.

Pyracantha fortuneana Graberi: Graber Firethorn.

y.

Pyracantha Santa Cruz: Prostrate Firethorn.

z.

Quercus turbinella: Scrub Oak.

aa.

Rhamus californica: California Buckthorn.

bb.

Rhus intergrifolia: Lemonade Sumac.

cc.

Rhus laruina: Laurel Sumac.

dd.

Rhus ovata: Sugar Sumac.

ee.

Rhus trilobata: Squaw Bush.

ff.

Rosmarinus officinalis: Prostrate Rosemary.

gg.

Spartium junceum: Spanish Broom.

hh.

Other deep-rooted plants as recommended by a landscape architect subject to approval by the planning director.

(4)

Trees:

a.

Eucalyptus citriodora: Lemon Gum.

b.

Eucalyptus cornuta: Yate Tree.

c.

Eucalyptus erythornema: Red Flowered mallee.

d.

Eucalyptus lehmannii: Bushy Yate.

e.

Eucalyptus nicholii: Nichol's Willowleafed Peppermint.

f.

Eucalyptus preissiana: Preiss Eucalyptus.

g.

Eucalyptus sideroxylon rosea: Pink Iron Bark.

h.

Eucalyptus torquata: Coral Gum.

i.

Eucalyptus viridis: Green Mallee Eucalyptus.

j.

Juglans hindsii: California Black Walnut.

k.

Juniperus chinensis and other varieties (Juniper).

l.

Pinus canariensis: Canary Island Pine.

m.

Pinus halepensis: Alleppo Pine.

n.

Pinus pinea: Italian Stone Pine.

o.

Pinus torreyana: Torry Pine.

p.

Prunus caroliniana: Carolina Laurel Cherry.

q.

Prunus lyonii: Catalina Cherry.

r.

Schinus molle: California Peppertree.

s.

Umbellularia californica: California Laurel.

t.

Other trees recommended by a landscape architect subject to approval by the planning director.

(Code 1960, § 11202.08; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1358, § 1, 10-24-77; Ord. No. 2030, § 4, 4-20-99)

The developer shall plant, water, and maintain each graded slope on unsold property developed with structures until all properties within the development have been occupied. Plants shall be maintained, and replaced if necessary, until the property is sold. Grading bonds shall not be released until the building and planning officials certify that the planting meets the requirements of this division.

(Code 1960, § 11202.09; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1358, § 1, 10-24-77)

In order to encourage developers to build in a manner more suitable to the hillsides, the following incentive is available: Building heights, as permitted in this chapter, may be increased by variance approval above that which is normally allowed when compatible to the surrounding areas. The views from adjacent or neighboring parcels shall not be adversely affected by any such height increase.

(Code 1960, § 11202.10; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1358, § 1, 10-24-77)

(a)

In fire hazardous areas, unobstructed fire protection equipment access easements shall be required to all parts of the development and to adjacent areas which are potential fire hazards. The fire chief shall recommend where such easements are required.

(b)

No ridge which is presently usable for fire fighting shall be graded in relation to hillside development unless an accessway is provided around the cut to the top of the ridge for fire fighting equipment (track laying equipment).

(Code 1960, § 11202.11; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1358, § 1, 10-24-77)

All utilities shall be placed underground in accordance with the Municipal Code and approved by the city engineer.

(Code 1960, § 11202.12; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1358, § 1, 10-24-77; Ord. No. 2030, § 4, 4-20-99)

Street design shall conform to the standards and specifications of the engineering department.

(Code 1960, § 11202.12; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1358, § 1, 10-24-77)

(a)

Planned Community Development:

(1)

Provide the developer with greater flexibility in site design, density and housing unit operations in order to stimulate variety and innovation within the framework of a quality residential environment.

(2)

Direct new community growth and development in the process of implementing the general plan.

(3)

Achieve more interest, individuality and character within and among neighborhoods.

(4)

Provide criteria for the inclusion of compatible uses designed to service the residential developments within the community.

(5)

Encourage the most effective use of a site with a variety of residential environments providing necessary public facilities, ample open space and a functional, well-balanced community.

(b)

Planned Residential Development:

(1)

Encourage a more desirable living environment;

(2)

Encourage a more efficient, desirable and aesthetic use of land through utilization of modern innovations in residential developments;

(3)

Encourage the reservation of a greater proportion of land for common open areas;

(4)

Encourage the retention of natural slopes, waterways and other natural features by utilizing such areas as open space;

(5)

Encourage more efficient use of those public facilities required in connection with such residential development; and

(6)

Insure compatibility with established residential areas.

(Ord. No. 1488, § 22, 8-25-80)

A planned residential development overlay zone shall be established only in conjunction with a residential zone and shall be designated on the official zoning map with the symbol "PRD" in conjunction with the underlying zone classification, i.e., "R-1 PRD."

(Code 1960, § 11203.02; Ord. No. 1333, § 1, 4-25-77)

The following general criteria are hereby established for use in the classification or reclassification of land to the planned community or planned residential development:

(a)

General plan. Compliance with the general plan shall be established.

(b)

Site area.

(1)

A minimum of one hundred (100) acres shall be required for a planned community development.

(2)

A planned residential development may be established on land that is zoned R-1, MF-15, MF-20 or MF-45 and which is suitable for, and of sufficient size, to be planned and developed in a manner consistent with the purpose of this division.

(c)

Any application for an overlay zone shall be accompanied by a master plan for the entire area covered by the application.

(d)

All land in a proposed overlay zone shall be held in one (1) ownership or under unified control or have the written consent or agreement of all owners of property proposed for inclusion in the overlay zone.

(e)

The existing utilities systems (water, sewer, drainage, electrical, gas, and communications facilities) are adequate, or new systems shall be constructed to adequately serve the development.

(Code 1960, § 11203.03; Ord. No. 1333, § 1, 4-25-77)

(a)

An application for an overlay zone shall be submitted by the owner, his authorized agent, or the purchaser of the land with the consent of the owner.

(b)

The application shall be accompanied by the following which should be prepared by a qualified professional team:

(1)

Topographical maps of existing terrain drawn to a minimum five (5) foot contour.

(2)

A generalized grading plan which indicates proposed earth movement and the results of such movement.

(3)

A utility map or statement reflecting a utility system which includes, but is not limited to, sewer, water, and gas capable of serving the entire development.

(4)

A master plan which shall show:

a.

Location and boundaries of the proposed development.

b.

The general type, character, and heights of all buildings or structures; e.g., single family houses, townhouses, or cluster houses.

c.

Proposed densities of all areas scheduled for residential development.

d.

Proposed uses of all and including residential, school sites, public and private recreational facilities, all common open space, and in the PCD zone commercial and professional centers and industrial facilities.

e.

Natural features that are to be retained; i.e., stands of trees, rock outcroppings, canyons, natural slopes, etc.

f.

The location and width of public and private streets which shall be consistent with the master plan of streets.

(5)

Proposed site development standards for all residential, commercial and industrial uses.

(6)

The location and width of public and private streets.

(7)

Site data, including acreage in total development, total acreage in each density classification, school sites, church sites, commercial sites and industrial sites, total acreage devoted to common open space and minimum lot sizes.

(Code 1960, § 11203.04; Ord. No. 1333, § 1, 4-25-77; Ord. No. 2030, § 4, 4-20-99)

An application for an overlay zone shall be accompanied by a filing fee as specified in section 26-202.

(Code 1960, § 11203.05; Ord. No. 1333, § 1, 4-25-77)

(a)

Upon receipt of an application for an overlay zone, the planning commission shall hold a public hearing on such application. If it finds the criteria set forth herein have been met, it may establish the overlay zone subject to such conditions as it deems necessary. The planning commission may deny the application if it finds any of the criteria have not been met, or that the approval of the application would be detrimental to the public peace, health, safety or welfare.

(b)

The decisions and findings of the planning commission:

(1)

On planned residential development applications, shall be final unless appealed to the city council.

(2)

On planned community development applications, shall be forwarded along with the community master plan to the city council. The city council shall hold a public hearing and either approve, conditionally approve, or deny the community master plan. The decision of the city council shall be final.

(Code 1960, § 11203.06; Ord. No. 1333, § 1, 4-25-77)

Public hearing and appeal procedure shall be governed by sections 26-205 through 26-219 of this Code.

(Code 1960, § 11203.07; Ord. No. 1333, § 1, 4-25-77; Ord. No. 2030, § 4, 4-20-99)

(a)

The overlay zone, and any master plan or other material approved as a part thereof, shall become null and void if the physical development of the district is not commenced within two (2) years from date of adoption of the resolution establishing the zone.

(b)

An extension of time, not to exceed one (1) year, may be granted by the planning commission or city council when extenuating circumstances can be clearly shown by the applicant. The request for an extension of time shall be submitted to the planning commission in writing prior to the expiration date and shall clearly state the reasons why the physical development of the district has not been commenced and such overlay zone has not been utilized.

(Code 1960, § 11203.08; Ord. No. 1333, § 1, 4-25-77)

(a)

After the establishment of an overlay zone and prior to the termination date as specified in section 26-726, an application for approval of a development plan which is in substantial conformance with the approved master plan shall be filed with the planning commission. A development plan may cover all or a portion of the district. No building permit shall be issued for any new building or structure unless a development plan covering the area has been approved.

(b)

A development plan shall contain the material herein specified and shall be prepared by a qualified professional team.

(1)

The development plan shall set forth the following:

a.

The exact boundaries and legal description of the property to be developed.

b.

All proposed improvements that are to be constructed on the land and their precise locations including, but not limited to, all residential facilities, walls and fences, trash areas, streets, and walk areas.

c.

Common open space showing size, grades, and function upon completion.

d.

The location and dimension of all off-street parking facilities, public and private.

e.

The location and size of any public or quasi-public facilities such as schools, churches, and parks.

f.

A tabulation of the percentage of total building coverage of the development.

g.

A tabulation of densities within each project area or sector.

(2)

Building elevations of typical architectural styles to be constructed.

(3)

A schematic landscaping plan indicating the type and size of plant material to be used and method of providing permanent maintenance to all planted areas and open spaces.

(4)

Floor plans of typical dwelling units, the unit size in square feet, and the amount of private open space in square feet.

(5)

If applicable, a subdivision map showing land divisions. The tentative and final subdivision map shall comply with the city subdivision ordinance and the state subdivision map act.

(6)

A proposed construction schedule from ground breaking to occupancy. All common open space, as well as public and recreational facilities, shall be specifically included in the construction schedule and be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures.

(Code 1960, § 11203.09; Ord. No. 1333, § 1, 4-25-77)

All common open space shall be preserved for that purpose as shown in the development plan. The developer shall choose one (1) or a combination of the following three (3) methods of administering common open space.

(a)

Dedication of common open space to the city, which is subject to formal acceptance.

(b)

Establishment of an association or nonprofit corporation of all property owners or corporations within the project area to insure perpetual maintenance of all common open space.

(c)

Retention of ownership, control and maintenance of all common open space by the developer. All privately owned common open space shall continue as such and shall only be used in accordance with the development plan. Appropriate land use restrictions shall be contained in all deeds to insure that the common open space is permanently preserved according to the development plan. Said deed restrictions shall run with the land and be for the benefit of present as well as future property owners, and shall contain a prohibition against partition of common open space.

(Code 1960, § 11203.10; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1488, § 23, 8-25-80)

The following design criteria are hereby established:

(a)

The overall plan shall achieve an integrated land and building relationship.

(b)

Open spaces, pedestrian and vehicular circulation facilities, parking facilities, and other pertinent amenities shall be an integral part of the landscape and particular attention shall be given to the retention of natural landscape features of the site.

(c)

The layout of structures and other facilities shall effect a conservation in street and utility improvements.

(d)

Recreational areas, active and passive, shall be generally dispersed throughout the development and shall be easily accessible from all dwelling units.

(e)

Architectural unit and harmony within the development and with the surrounding properties shall be attained.

(Code 1960, § 11203.11; Ord. No. 1333, § 1, 4-25-77)

The owner, his authorized agent, or the purchaser with the consent of the owner may submit an application for development plan approval to the planning commission. The planning commission shall hold a public hearing on such application. It may approve the development plan if it finds the criteria set forth herein have been satisfied subject to such conditions as it deems necessary. The planning commission may deny the application if it finds the criteria are not being satisfied or that such application would be detrimental to the public peace, health, safety, or welfare. The decision of the planning commission shall be final unless appealed to the city council.

(Code 1960, § 11203.12. Ord. No. 1333, § 1, 4-25-77)

Public hearing and appeal procedure shall be governed by sections 26-206 through 26-218 of this chapter.

(Code 1960, § 11203.13; Ord. No. 1333, § 1, 4-25-77)

An application for a development plan shall be accompanied by a filing fee as established by a resolution of the city council.

(Code 1960, § 11203.14 Ord. No. 1333, § 1, 4-25-77; Ord. No. 1881, § 1, 6-10-91)

The development standards of the underlying zone shall apply to a planned residential development unless they are inconsistent or in conflict with the following standards which shall control:

(a)

Density.

In any PRD overlay zone, the number of dwelling units per net acre of land shall not exceed the number of dwelling units permitted by the underlying zone except as provided in this paragraph.

For the purpose of calculating the number of dwelling units permitted by the underlying zone, the following table shall be used:

The number of dwelling units per net acre of land may be increased if approved by the planning commission, provided such increase shall not exceed the density specified in the following table:

The planning commission, in approving the increase in density, may require additional common amenities such as (but not limited to) an increase in common open space, clustering of dwelling units and a general conservation in the amount of land utilized.

(b)

Minimum lot sizes. Every lot or parcel utilized for a residential structure shall have a minimum width of twenty-four (24) feet. Each such lot shall front for a distance of not less than twenty (20) feet upon a public or private street or pedestrian accessway.

(c)

Building heights. Building heights of the underlying zone may be waived to allow greater flexibility with the development. Consideration shall be given to building heights in relation to adjacent property and building inter-relationship within the development.

(d)

Yards. The following front, side, and rear yards shall be shown on the development plan and maintained:

(1)

Front: There shall be an average front yard of not less than fifteen (15) feet for any building measured from the curbline of private streets and from the property line for dedicated streets. A maximum six-foot-high wall or fence may be placed within any front yard setback, provided such wall or fence is set back five (5) feet from the right-of-way line of dedicated streets or ten (10) feet from the curbline of private streets. Such setback area shall be landscaped.

(2)

Side: There need be no side yard provided. However, each development plan will be reviewed to ensure that adequate provisions are made for light and air and free pedestrian movement.

(3)

Rear: When the rear of a dwelling unit is adjacent to common open space and accessible thereto, a rear yard need not be provided. A fifteen-foot rear yard shall be provided when the rear of a dwelling unit abuts adjacent private property.

(4)

Fire accessways: Each development plan shall provide adequate accessways for free movement of men and equipment to provide appropriate fire fighting capabilities. Such accessways shall be a minimum of five (5) feet in width and approved by the city fire department.

(e)

Off-street parking. Off-street parking shall be required to conform to the current city standards as specified in the underlying zone.

(1)

Covered or open parking compounds may be designed as a functional part of the development. Parking compounds shall be conveniently accessible and adequately screened through the use of walls or landscaping.

The arrangement and access for all parking compounds or parking spaces shall conform to city standards.

(f)

Ground coverage. Total ground coverage of the entire development (not individual lot) shall not exceed that allowed by the underlying zone.

(g)

Private open space. A minimum of two hundred (200) square feet of private open space per dwelling unit shall be provided on each individual lot. This provision need not apply to structures which are three (3) or more stories high.

(Code 1960, § 11203.15; Ord. No. 1333, § 1, 4-25-77)

All development within the planned community development shall meet the following minimum requirements:

(a)

Density. All densities shall conform to the approved community master plan.

(b)

Building coverage. The maximum building coverage shall not exceed fifty (50) percent of the area covered by the development plan exclusive of all dedicated public rights-of-way. In determining the coverage (ground area of each dwelling) covered parking and garages shall be included.

(c)

Off-street parking. Off-street parking shall conform to the current city standards as specified in sections 26-402, 26-506 and 26-583 of this chapter.

(d)

Private open space. A minimum of two hundred (200) square feet of private open space per dwelling unit shall be provided on each individual lot. This requirement does not apply to structures three (3) or more stories in height.

(e)

Utilities. All utilities shall be underground in accordance with the Municipal Code and approved by the city engineer.

(f)

Signs. Sign provisions contained in the most restrictive zone classification for each use allowed shall apply.

(g)

Other. All other standards as specified by the approved community master plan and text and development plan and text shall be strictly adhered to.

(Code 1960, § 11203.16; Ord. No. 1333, § 1, 4-25-77)

The purpose of the auto plaza overlay zone is to preserve the city's auto plaza area to accomplish the city's goal of maintaining an established area designed for new vehicle franchise dealerships in order to make its services more accessible to the public, and to promote economic development within the city.

(Ord. No. 2487 , § 3, 10-5-21)

The auto plaza overlay zone shall consist of service-commercial (S-C) zoned properties located south of the Interstate 10 Freeway, north of Norma Avenue, west of Baymar Street, and east of Azusa Avenue.

(Ord. No. 2487 , § 3, 10-5-21)

For the purpose of this chapter, the following definitions shall apply:

Automaker shall mean a company that manufactures cars.

Dealership shall mean the same as "new vehicle franchise dealership"

New vehicle franchise dealership shall mean a dealership selling new vehicles that has obtained permission and authority to sell vehicles as a direct agent of a major automaker.

(Ord. No. 2487 , § 3, 10-5-21)

Permitted uses on any lot or premises within the auto plaza overlay zone shall be limited to the following:

(1)

The sales of new vehicles operated by a new vehicle franchise dealership or directly by the automaker.

a.

Sales of new vehicles with outdoor display is allowed provided that all administrative functions are at all times conducted within an enclosed building.

(2)

Accessory uses.

a.

The sales of used vehicles operated by the same franchise dealership or automaker operating the primary use.

1.

Used vehicle inventory on the site shall be limited to no more than 30 percent of the total new vehicle inventory on the same site.

2.

Outdoor display of used vehicles is allowed provided that all administrative functions are at all times conducted within an enclosed building.

b.

Vehicle service shop for maintenance and repair

c.

Car wash.

1.

The car wash shall only be used to clean the dealership's vehicle inventory and/or to clean vehicles receiving maintenance or repair services.

2.

The car wash shall not be made available for public use.

d.

Electric vehicle charging station.

e.

Vehicle rental services only to be made available to customers utilizing services offered by the dealership.

(3)

Temporary uses.

a.

Filming.

1.

Filming or filmmaking on any lot or premises shall be limited to advertisement purposes promoting the dealership on the site.

2.

Filming shall only be allowed on a lot or property occupied with a new vehicle dealership with an active business license.

3.

Filming shall comply with the provisions of division 6 (Motion Picture Filming) of article VI (Procedures, Hearings, Notices, Fees, and Cases) of chapter 26 (Zoning).

(Ord. No. 2487 , § 3, 10-5-21)

All properties located within the auto plaza overlay zone shall have all its parking lot/vehicle display light standards/poles brightly lit from sunset until 9:00 p.m. Parking lot/vehicle display light standards/poles shall automatically be switched to dimmer lighting between 9:00 p.m. and sunrise.

(Ord. No. 2487 , § 3, 10-5-21)

Any proposed development and/or construction within the auto plaza overlay zone shall comply with the development standards set forth in division 3 (Development Standards) of article X (Nonresidential Uses) of chapter 26 (Zoning). The provisions set forth in this division (division 4 Auto Plaza Overlay) shall prevail if any conflicting standards exist.

(Ord. No. 2487 , § 3, 10-5-21)

The purpose of the mixed-use overlay is to classify and set standards for the orderly development of mixed-use development on underutilized sites identified in the 2021-2029 Housing Element in a manner that will provide a desirable residential living environment with compatible commercial uses. It is intended that the overlay will create a mixed-use environment with integrated, complementary residential and commercial development on the same parcel or a contiguous group of parcels.

( Ord. No. 2506 , § 3, 12-6-22)

No building or improvement or portion thereof in the mixed-use overlay shall be erected, constructed, converted, established, altered, or enlarged, nor shall any lot or premises be used except for one (1) or more of the following purposes:

(1)

Uses as specified in the N-C neighborhood commercial, S-C service commercial or R-C regional commercial zone districts shall apply to stand-alone commercial.

(2)

Single-family detached or attached condominium dwellings.

(3)

For the purpose of this chapter, stock cooperatives and community apartments shall be treated as condominiums.

(4)

Multiple-family condominium or apartment dwellings.

(5)

Accessory buildings.

(6)

Household pets: Provided that no more than three (3) adult dogs or four (4) adult cats, or a combination of three (3) such animals, may be kept in any dwelling unit at any one time. Notwithstanding the household pets permitted to be kept as set forth above, no wild and dangerous or wild and potentially dangerous animal or animals, (as defined in section 61 of this Code) shall be brought into, kept, harbored, possessed, liberated, or maintained on any portion of any lot or within any building or structure thereon.

a.

This prohibition shall not apply to any offspring of any legally kept wild animal until such offspring reaches the age of four (4) months.

b.

This prohibition shall not apply to any circus or show involving the temporary exhibition of wild animals when otherwise permitted under this Code.

(7)

Home occupations as set forth in article XII, division 5 of this chapter.

(8)

Conversions of apartments to condominiums.

a.

Any proposal to convert existing apartments to condominiums shall be subject to the approval of a conditional use permit, and the filing and approval of a subdivision map pursuant to the requirements of division 5 of this article.

b.

Conversion of apartments to condominiums shall be subject to all regulations pertaining to the mixed-use overlay.

(9)

Live-work units.

(10)

State authorized large and small family daycare homes.

(11)

Supportive housing if the proposed development satisfies all of the following requirements:

a.

Units within the development are subject to a recorded affordability restriction for fifty-five (55) years.

b.

One hundred (100) percent of the units, excluding managers' units, within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians. For purposes of this paragraph, "lower income households" has the same meaning as defined in Section 50079.5 of the Health and Safety Code.

c.

At least twenty-five (25) percent of the units in the development or twelve (12) units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than twelve (12) units, then one hundred (100) percent of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.

d.

The developer provides the planning division with the information required by Section 65652 of the California Government Code (CGC).

e.

Nonresidential floor area shall be used for onsite supportive services in the following amounts:

1.

For a development with twenty (20) or fewer total units, at least ninety (90) square feet shall be provided for onsite supportive services.

2.

For a development with more than twenty (20) units, at least three (3) percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

f.

The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Section 65915 of the CGC.

g.

Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

(12)

Low barrier navigation centers if the proposed development meets the following requirements:

a.

It offers services to connect people to permanent housing through a services plan that identifies services staffing.

b.

It is linked to a coordinated entry system, so that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing.

c.

It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

d.

It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

( Ord. No. 2506 , § 3, 12-6-22)

The provisions of section 26-438 shall apply to the size, number and location of parked and stored vehicles within the mixed-use overlay.

( Ord. No. 2506 , § 3, 12-6-22)

The filing of a precise plan of design shall be required as part of an application for a mixed- use development and as specified in article VI, division 2, of this chapter. Such precise plans of design shall conform to Planning Commission Resolution No. 567.

The review and approval process for an eligible Senate Bill 35 (SB35) housing project shall adhere to CGC Section 65913.4, as amended. For eligible SB35 projects and/or any multi-family residential projects providing a minimum of twenty (20) percent of the total dwelling units reserved for low-income households subject to a deed restriction, the community development director shall approve or deny the ministerial precise plan based on the West Covina Multi-Family Objective Design Standards (2022) adopted by the City. Within thirty (30) days of such action, the community development director shall prepare a report to the planning commission, providing a description of the project and the nature of the approval. Any such precise plan approved under SB35 shall be valid for a period of three (3) years, with one (1) additional extension of time in a one-year increment. The community development director or their designee may approve a one-year extension if the project proponent provides documentation that there has been significant progress toward getting the development construction ready, such as, but not limited to, the filing of a building permit application.

( Ord. No. 2506 , § 3, 12-6-22)

All multi-family housing units shall comply with the general building design and site design standards in the West Covina Multi-Family Objective Design Standards document. The approved architectural treatment shall be used throughout the development.

( Ord. No. 2506 , § 3, 12-6-22)

Copies of conditions, covenants and restrictions that will apply to a proposed condominium project shall be submitted after the approval of a project and approved by the community development director or their designee and city attorney, and recorded by the applicant. These CC & R's shall:

(1)

Provide a statement that ensures that each residential unit shall be used as a residence for a one (1) family unit only.

(2)

Provide for perpetual maintenance of grounds and buildings.

(3)

Include a full statement of the age of the building and any modification and refurbishing started or completed within one (1) year of offering the project for sale as a condominium.

(4)

Provide an explanation to the buyer of his responsibility for sharing the maintenance and upkeep of buildings and structures within the project other than his own unit.

(5)

Provide that the names of the officers and members of the board of governors or homeowners association shall be filed annually with the city clerk.

(6)

Include the following certificate on the title sheet dedication clause of the subdivision map:
"WE HEREBY DEDICATE TO THE CITY OF WEST COVINA THE RIGHT TO PROHIBIT THE CONSTRUCTION OF ADDITIONAL RESIDENTIAL BUILDINGS THEREON, EXCEPT FOR ADDITIONAL PARKING, RECREATIONAL FACILITIES, AND ACCESSORY BUILDINGS OVER THE AREA DESIGNATED AS THE COMMON AREA."

( Ord. No. 2506 , § 3, 12-6-22)

The maximum number of dwelling units shall not exceed the maximum density identified in the general plan. Contiguous parcels which are part of a large, multi-building and multi-use development shall be considered as one (1) site, provided the residential and commercial uses are integrated and pedestrian connections are provided from any residential building to commercial buildings.

( Ord. No. 2506 , § 3, 12-6-22)

(a)

There shall be a minimum gross floor area ratio of 0.15 of leasable commercial square footage.

(b)

The floor area ratio may be calculated on an area wide basis for contiguous parcels which are part of a large, multi-building development. To qualify for an area wide floor area ratio calculation, a project must be integrated in design and function, and the owner/developer of each parcel must record deed restrictions preserving the minimum floor area ratio of commercial square footage for the multi-building development.

(c)

Subterranean and above-grade parking structures shall not be included in the required minimum floor area ratio.

( Ord. No. 2506 , § 3, 12-6-22)

The building setback from the property line shall be governed by the following table:

( Ord. No. 2506 , § 3, 12-6-22)

(a)

The minimum building separation between main buildings shall be ten (10) feet or as required by the California Building Code, whichever is more restrictive.

(b)

There shall be no minimum building separation between a main building and an accessory building or between accessory buildings, except as required by the California Building Code.

( Ord. No. 2506 , § 3, 12-6-22)

Maximum building height when within one hundred (100) feet of the residential agriculture (R-A) or residential single-family (R-1) zones or an existing single-family residential use shall be forty-five (45) feet.

(1)

All buildings containing any residential use shall be limited to forty-five (45) feet except within the area bounded by Citrus Street to the west, Workman Street to the north, Barranca Avenue to the east, and the Interstate 10 to the south (also known as Eastland Center) shall have a maximum building height of seven (7) stories or eighty-five (85) feet.

(2)

Buildings containing only non-residential uses have no height limit, except as described above and as limited by the Federal Aviation Administration (FAA).

( Ord. No. 2506 , § 3, 12-6-22)

This section identifies the required parking for residential uses within the mixed-use overlay. Parking for non-residential uses shall be per the underlying zone.

(1)

Parking for all residential units within the mixed-use overlay shall be as follows:

a.

One (1) covered parking space per studio unit;

b.

One and a half (1.5) covered spaces per one-bedroom unit;

c.

Two (2) spaces covered per two-bedroom or larger unit

(2)

Guest parking shall be provided at a minimum of one (1) space for every four (4) dwelling units.

(3)

Each covered parking space for residential uses shall be at least ten (10) feet wide by twenty (20) feet.

(4)

Each uncovered space for residential uses shall be at least nine (9) feet wide and twenty (20) feet long.

(5)

Covered or uncovered spaces, when adjacent to walls where door swings would block exiting from a car, shall be at least eleven (11) feet wide.

(6)

Parking spaces shall be permanently maintained for required parking and shall not be used for personal storage, storage of boats, campers, or recreation vehicles.

(7)

No carport or garage shall open directly upon a public street.

(8)

No off-street parking shall be permitted within any front or side yard setback area when adjacent to a public street.

(9)

Shared parking may be permitted between parking for residential guest and nonresidential uses, provided peak parking demand occurs at differing times. Shared parking shall be subject to preparation of a shared parking analysis. The analysis shall be reviewed pursuant to an administrative use permit and approved by the city traffic engineer.

(10)

All parking areas shall conform to Planning Commission Resolution No. 2513.

( Ord. No. 2506 , § 3, 12-6-22)

A minimum of two hundred (200) square feet per dwelling unit of usable recreational/leisure space in the form of common and private open space shall be provided. Such space shall have a minimum dimension of fifteen (15) feet width by fifteen (15) feet depth for common open space and five (5) feet in depth for private open space. Recreational/leisure space shall be distributed throughout the development and readily accessible from all dwelling units. Swimming pools, putting greens, court game facilities, recreational buildings, gymnasiums, and other similar facilities may be included areas common open space.

( Ord. No. 2506 , § 3, 12-6-22)

(a)

A minimum of fifty (50) percent of the proposed dwelling units shall have direct pedestrian access from the dwelling unit to an exterior walkway along a street, drive, paseo, or park/open space without going through. A common breezeway or hallway does not meet this requirement. The area bounded by Citrus Street to the west, Workman Street to the north, Barranca Avenue to the east, and the Interstate 10 to the south (also known as Eastland Center) is exempt from this requirement due to the higher intensity envisioned for this area.

(b)

All projects where at least sixty-six (66) percent of the proposed new square footage is intended for residential occupancy shall comply with the West Covina Multi-Family Objective Design Standards.

( Ord. No. 2506 , § 3, 12-6-22)

(a)

All open areas with the exception of vehicular accessways and parking areas, pedestrian walkways, and paved or covered recreational facilities, shall be landscaped and irrigated with a fully automatic system in conformance with this division. Such landscaping and irrigation shall be permanently maintained in a functional, dust free, disease free, and weed free condition.

(b)

No planting area shall be less than twenty-four (24) square feet or less than three (3) feet in width (inside dimensions) with the exception of raised planter boxes.

(c)

Parking lot trees. An average of at least one (1) tree (minimum fifteen (15) gallon) of a species satisfactory to the community development director or their designee shall be planted for every ten (10) single row parking stalls or every twenty (20) double row parking stalls within the parking lot.

(d)

There shall be a minimum three (3) foot wide (inside dimension) landscape planter separating a building or wall from a driveway or parking area.

(e)

Landscaping shall consist of combinations of trees, shrubs, and ground covers with careful consideration given to eventual size and spread, susceptibility to disease and pests, durability, and adaptability to existing soil and climatic conditions. A majority of plant material used through a development must be specimen-size material (a combination of twenty-four (24) inch-box, thirty-six (36) inch-box and fifteen (15) gallon trees and minimum five (5) gallon for shrubs).

(f)

Unused space resulting from the design or layout of parking spaces or accessory structures which is over twenty-four (24) square feet shall be landscaped.

(g)

All planted areas shall be surrounded by a concrete curb six (6) inches above final grade or above asphalt level of the parking lot. However, when such planted areas lie adjacent to a concrete sidewalk, masonry wall, or a building, a raised concrete curb need not be provided in the adjacent area.

(h)

A minimum of six (6) feet of either the rear or side yard adjacent to residential zoning or development shall be landscaped with specimen plant materials with trees planted at least twenty (20) feet on center, subject to the approval of the community development director or their designee, and as represented on the approved landscaping plan.

(i)

Undeveloped areas proposed for future expansion shall be maintained in a weed free and dust free condition.

(j)

Landscape areas, whether installed pursuant to this chapter or not, shall be maintained free of litter and diseased or dead plants. Diseased, dead, damaged and/or disfigured plants shall be replaced as deemed necessary by the community development director or their designee. Irrigation systems and their components shall be maintained in a fully functional manner consistent with the originally approved design and the provisions of this division.

(k)

Landscapes shall be maintained to ensure water efficiency and minimize water waste leading to excessive runoff, low-head drainage, overspray and other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways or structures. A regular maintenance schedule should include but not be limited to, checking, adjusting, and repairing irrigation equipment; resetting the automatic controller; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; and weeding in all landscaped areas. All tree pruning shall be performed in compliance with acceptable standards as set forth by the Western Chapter International Society of Arborists.

(l)

The landscaping and irrigation plan shall be approved by the community development director or their designee subject to the following criteria.

(1)

Landscape and irrigation plans for projects with required landscaping consisting of five thousand (5,000) square feet or more, shall be prepared by a licensed landscape architect.

(2)

The community development director or their designee has the right to disapprove a landscaping plan if the quantity, size, type, placement, and use of plant material do not meet the minimum requirements of this section. The community development director or their designee shall also determine whether the type, size, and location of the proposed landscaping is appropriate given the scale and design of the development.

(m)

All landscape areas and irrigations systems shall be subject to the water efficiency provisions contained in division 1, of article XIV of chapter 26 of this Code, and the planning commission guidelines for water efficient landscaping, unless specifically exempted by those water efficiency provisions.

( Ord. No. 2506 , § 3, 12-6-22)

(a)

A minimum thirty-six (36) inch high concrete, masonry, or decorative block wall shall be provided and maintained on the outside perimeter of all off-street parking areas abutting or visible from a public street, except at points of ingress and egress for vehicular or pedestrian traffic. The wall shall be set back a minimum of five (5) feet from the property line and this setback area shall he landscaped. Other materials may be used if approved by the planning commission.

In lieu of the thirty-six (36) inch high screen wall, land contouring and landscaping equivalent to thirty-six (36) inches in height, or a combination of wall and land contouring, may be provided.

(b)

A six (6) foot high concrete, masonry, or decorative block wall when abutting single-family zone or use:

(1)

A six (6) foot high concrete, masonry or decorative block wall shall be provided and maintained on the boundary of any mixed-use overlay property which abuts or lies across a public alley from a residential-agricultural (R-A) or single-family (R-1) zone or existing single-family residential use, except in the front setback area, where said wall shall not be higher than thirty-six (36) inches.

(2)

When there is a difference in site elevation and the abutting property zoned R-A or RI is a minimum of six (6) feet higher than the development site designated as the mixed- use overlay, at the discretion of the planning commission, the requirements for a six (6) foot high wall may be waived.

(c)

The height of all walls shall be measured from the highest finished grade within the required adjacent setback.

(d)

All walls shall by compatible with the architectural style of the proposed building. Walls shall be constructed with decorative masonry materials, such as but not limited to enhanced precision block, split-face block, concrete, horizontal wood planks, or material of similar appearance, maintenance, and structural durability.

(e)

Fences may use wood or vinyl materials. Chain link fence material is prohibited. Fences and walls located along the side or rear property lines which are not along street frontages shall be solid fences or walls. Open fences, which feature wrought iron/tubular steel, may be permitted to capture scenic views offered by a property line that adjoins a permanent open space area and/or where the yard does not require screening.

( Ord. No. 2506 , § 3, 12-6-22)

When used, all outdoor trash, garbage, recycling and refuse containers shall be screened on all sides from public view by a minimum five and one-half (5½) foot high concrete, masonry or decorative block wall and the opening provided with a gate of solid material. The enclosure shall have a solid roof or coverage that is architecturally compatible with other structures on site. Such area shall be so located as to be easily accessible for trash and recyclable material pick up.

Any new or existing multi-family development project of five (5) or more units or producing four (4) cubic yards or more of green/yard waste per week shall provide adequate, accessible and convenient areas for collecting and loading recyclable and organics recycling materials as defined in this section. These requirements may be waived if the applicant proposes to have the landscaping and/or maintenance company haul and recycle green/yard waste. Projects electing this alternative will be conditioned to provide this service and will be required to provide the landscape maintenance agreement stating such prior to the issuance of a certificate of occupancy.

The following guidelines will be applied to development projects providing enclosures:

(1)

Recycling areas shall be designed to be architecturally compatible with nearby structures and with the existing topography and vegetation.

(2)

The design and construction of recycling areas shall be secure.

(3)

A sign clearly identifying all recycling collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the recycling areas.

(4)

Areas for recycling and organics recycling shall be adequate in capacity, number, and distribution to serve the development project.

The community development director or their designee shall review each application for adequate design and area allocation suitable to the particular recycling and organics recycling program or process to be in effect at the development project and shall apply these requirements and guidelines accordingly.

Any and all separate recycling area(s) shall be located so they are at least as convenient for those persons who deposit, collect and load the recyclable materials placed therein as the location(s) where solid waste is collected and loaded. Whenever feasible, areas for collecting and loading recyclable materials shall be part of or adjacent to the solid waste collection areas.

( Ord. No. 2506 , § 3, 12-6-22)

All lighting of the building, landscaping, parking area, or similar facilities shall be hooded and directed to reflect away from adjoining properties.

( Ord. No. 2506 , § 3, 12-6-22)

All ground-mounted mechanical equipment shall be screened behind a permanent structure or landscape as allowed by the utility provider. All roof-top mechanical equipment shall be placed behind a permanent parapet wall and shall be completely screened from view from abutting public streets. In the event the abutting public street is at a higher elevation than the top of the mechanical equipment on the roof, no screening of the equipment shall be necessary from the public street at the higher elevation. Such screening shall be as high as the highest portion of the equipment or ducting and shall be permanently maintained. All wall air-conditioner units shall be screened from view with material that is compatible and in harmony with the architectural styling and detailing of the building.

( Ord. No. 2506 , § 3, 12-6-22)

(a)

All utilities shall be underground in accordance with this Code and approved by the city engineer.

(b)

All utility hardware shall be placed underground or shall be screened from view with a decorative block or masonry wall or landscaping. Such screening shall be as high as the highest portion of the equipment and shall be permanently maintained.

( Ord. No. 2506 , § 3, 12-6-22)

The purpose of the residential-animal keeping overlay zone is to protect current and future animal keeping opportunities, protect animal owners from injury, and create orderly development standards. The regulations contained in this division are in addition to those in the underlying zone which are applicable to the properties in the overlay zone.

(Ord. No. 2230, § 2(Exh. A, § 4), 5-15-12)

The animal keeping overlay zone consists of properties on the north side of Vanderhoof Drive, including Tract 12292, Lots 18 through 27 (addresses 2633, 2641, 2653, 2707, 2715, 2727, 2743, 2755, 2769, and 2807 Vanderhoof Drive).

(Ord. No. 2230, § 2(Exh. A, § 4), 5-15-12)

For the purposes of this chapter, the following definitions shall apply:

(a)

Lower pad area. The lower pad area is the portion of land at the rear of the properties that is at approximately the same elevation as the rear property line and is relatively level.

(b)

Slope area. The slope area is the hillside area that separates the lower pad area from the upper pad area and is located in the center of the properties.

(c)

Upper pad area. The upper pad area is the portion of land at the front of the properties graded for the development per Tract Map No. 12292, at a similar elevation as the street and is relatively level.

(Ord. No. 2230, § 2(Exh. A, § 4), 5-15-12)

Uses permitted with the animal keeping overlay zone shall be those permitted within the underlying zone, subject to the development standards in the underlying zone and in sections 26.749.150 and 26-749.160.

(Ord. No. 2230, § 2(Exh. A, § 4), 5-15-12)

The following development standards shall apply to improvements located in the lower pad area of the lots within the overlay zone.

(a)

Setbacks. The setbacks for any proposed improvements shall take into account the size of the subject property and the impacts to the neighboring properties. The location of the site of the improvement shall be based on the type of improvement proposed.

(b)

Separation of uses. The location of the proposed improvement shall, at a minimum, conform to the separation standards specified in section 26-405.5(e). Greater separation distances are encouraged to reduce conflicts between uses.

(c)

Structural design. The structural design of the improvements shall be compatible with the architecture of the main house on the property and the agrarian nature of the lower pad area.

(d)

Screening. Fences, walls, and/or landscaping shall be provided to provide visual separation between properties. Screening shall be sensitive to animal keeping areas in proximity to habitable space/recreational improvements, and vice versa.

(Ord. No. 2230, § 2(Exh. A, § 4), 5-15-12)

(a)

Prior to the construction of any improvement in the lower pad area such as habitable structures (including accessory dwelling units), nonhabitable structures that require the issuance of a building permit, swimming pools, spas, sports courts, and similar uses (whether or not a building permit is required), an administrative use permit shall be required as specified in article VI, division 5 of this chapter 26.

(b)

Before for an administrative use permit for improvements in the lower pad area of the overlay zone may be granted, the following findings must be made:

(1)

The proposed improvement at the particular location would not be detrimental to the current or future keeping of animals in the lower pad area of surrounding properties.

(2)

The location and design of the improvement has given consideration to the separation of animal keeping areas from habitable space/recreational improvements.

(3)

The location and design of the improvement is not detrimental to the privacy of surrounding properties through the usage and placement of windows and doors, view-obscuring walls and/or fences, retaining walls, trees and other buffering landscaping materials.

(4)

The development can be adequately served by existing and/or required infrastructure and services.

(Ord. No. 2230, § 2(Exh. A, § 4), 5-15-12; Ord. No. 2441, § 2, 6-19-18; Ord. No. 2469, § 8, 2-4-20)

Editor's note— Ord. No. 2309, § 2(Exh. A), adopted Jan. 17, 2017, repealed Div. 7, §§ 26-749.200—26-749.250, which pertained to mixed use overlay. For prior history, see Code Comparative Table.