Yorba Linda City Zoning Code
CHAPTER 18
18 COMBINING ZONES
§ 18.18.010 Established.
Because of their special or unique characteristics, the following combining zones are established:
A.
(SH) Special Housing Combining Zone.
B.
(H) Historic Combining Zone.
C.
(O) Oil Production Combining Zone.
D.
(TC) Town Center Combining Zone.
E.
(I) Imperial Highway Combining Zone.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.18.020 Purpose.
A.
The special housing (SH) combining zone is intended to encourage special housing types that warrant special development standards.
B.
With respect to senior citizen housing, the objectives of this Article are:
1.
Facilitate development of areas suitable for senior citizen residential use.
2.
Recognize the special needs of a senior citizen residential development as distinguished from other type residential development.
3.
The regulations as they pertain to senior housing are further intended to provide for the opportunity to combine the (SH) zone with any other zone if the City deems it to be in the public interest.
(Ord. 2004-884; Ord. 2011-968 § 10; Ord. 2019-1056 § 3)
§ 18.18.030 Permitted uses.
A.
Planned senior residential developments when constructed in conjunction with an approved Federal, State, or local program found to be in the public interest, and when at least one occupant in each unit is 62 years of age or older. The City may upon specific request approve the inclusion of facilities for the handicapped. Such developments shall be subject to approval of a conditional use permit unless classified as affordable units, in which case, the project shall be subject to design review.
B.
Accessory uses or structures incidental to the permitted use.
C.
Any use permitted by the underlying zone when the Planning Commission and/or City Council determine that both uses are compatible and within the intent of both the underlying zone and the special housing (SH) zone.
(Ord. 2004-884; Ord. 2011-968 § 11; Ord. 2019-1056 § 3)
§ 18.18.040 Eligibility.
Eligibility. To be eligible for the property development standards set forth in subsection C of this section, the developer must meet the applicable provisions of Government Code Section 65915, including that the developer proposes to construct a housing project containing at least 50 percent of the units for senior citizens. The term "senior citizen" as used herein shall have the same meaning as set forth in Civil Code Section 51.3(b)(1) and shall mean a person 62 years of age or older, or 55 years of age or older in a "senior citizen housing development." The term "senior citizen housing development" as used herein shall have the same meaning as set forth in Civil Code Section 51.3(B)(4) and shall mean a residential development consisting of at least 35 dwelling units, which is developed for, or substantially rehabilitated for, senior citizens.
(Ord. 2004-884; Ord. 2011-968 § 12; Ord. 2019-1056 § 3)
§ 18.18.060 Development standards-Senior housing.
The following development requirements shall apply to all senior citizen developments:
A.
General Requirements.
1.
The senior citizen development shall be designed and developed in a manner compatible with and complementary to existing and potential development in the immediate vicinity of the project site. Site planning on the perimeter shall provide for the protection of the property from adverse surrounding influences as well as protection of the surrounding areas from potentially adverse influences within the development.
2.
All exceptions that apply under State and Federal law for residents under age 62 shall also apply under this article.
B.
Specific development standards. The specific site development requirements outlined in Table 18.18-1 shall apply to a senior citizen development in any overlay zone. The requirements are minimum unless otherwise stated. In the event that the underlying zone has more restrictive setback requirements, then the more restrictive requirement shall govern.
Table 18.18-1 SENIOR CITIZEN PROJECT DEVELOPMENT STANDARDS | |
|---|---|
Standards | |
Minimum site area | 2 acres |
Minimum lot size | None |
Minimum front yard setback | 20 ft. |
Minimum side yard setback, interior | 10 ft. |
Minimum side yard setback, street | 20 ft. |
Minimum rear yard setback | 20 ft. |
Minimum space between buildings | 10 ft. |
Maximum building height1 | 35 ft. |
Maximum density | 25 units/net acre |
Maximum site coverage | 60% |
Minimum dwelling unit size | Floor area to be determined by a conditional use permit. |
Minimum parking spaces per unit | As required by conditional use permit. |
Occupancy | Senior citizen or handicapped; at least one occupant per unit is 62 years of age or older. |
1 | Or as otherwise approved by the Planning Commission in conjunction with a conditional use permit or design review. |
C.
Open Space.
1.
Required open space shall comprise at least 20 percent of the total area of the planned development. Land occupied by buildings, street, driveways or parking spaces may not be counted in satisfying this open space requirement; provided however, that land occupied by recreational buildings and structures may be counted as required open space.
2.
All or any part of the required open space shall be reserved for use in common by the residents of the development. The Planning Commission may require that open space easements over the required open space be conveyed to the City.
3.
Each building shall be surrounded on all sides by relatively level open space having a slope no greater than 10 percent and extending a minimum distance of 10 feet in all directions measured from the furthest projection of the external walls of the building.
D.
Setback Adjacent to Streets and Common Areas. No building, except as hereafter provided, shall be located closer than five feet from any interior vehicular or pedestrian way, trail, court, plaza, open parking lot or any other surfaced area reserved for public use or for use in common by residents of the development. Such setback shall generally be measured from the nearest edge of a surfaced area; provided, however, that where no sidewalk exists in conjunction with a public or private street, such setback shall be measured from the nearest edge of the street right-of-way or private road easement.
E.
Streets. All public streets within or abutting the proposed development shall be dedicated and improved to City specification for the particular classification of street. When the developer desires to retain any streets within the development as private streets, such streets shall be permanently reserved and maintained for their intended purpose by means acceptable to the Planning Commission and the City Attorney. Other forms of access, such as pedestrian ways, courts, plazas, driveways or open parking lots shall not be offered for dedication.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.18.070 Pre-application procedure.
Prior to submitting an application for a senior housing development, the applicant or prospective developer should hold preliminary consultations with the Community Development Department and other City staff to obtain information and guidance before entering into binding commitments incurring substantial expense in the preparation of plans, surveys and other data. Such preliminary consultations should be relative to Federal, State, and local program requirements in guaranteeing the project's consistency with the objective of this combining zone. Additionally, during the pre-application process, the developer should be prepared to discuss any requests for incentives and/or a density bonus.
(Ord. 2004-884; Ord. 2011-968 § 13; Ord. 2019-1056 § 3)
§ 18.18.080 Application-Development plans and maps required.
An application for a senior housing development must be for a parcel or parcels of land which is under the control of the person, corporation, or entity proposing the development. The application shall be accompanied by the following plan and maps:
A.
A boundary survey map of the property or if the applicant proposes to subdivide the property, a subdivision map in compliance with Chapter 17.08.
B.
Topography of the property and the preliminary proposed finished grade shown at contour intervals of not to exceed two feet.
C.
The gross land area of the development, the present zoning classification and land use of the area surrounding the proposed development, including the location of structures and other improvements.
D.
A general development plan with at least the following details shown to scale and dimensions:
1.
Location of each existing and each proposed structure in the development area, the use or uses to be contained therein, the number of stories, gross building and floor areas, approximate location of entrances thereof;
2.
All streets, curb cuts, driving lanes, parking areas, public transportation points and illumination facilities for the same;
3.
All pedestrian walks, malls and open areas for use of occupants and members of the public;
4.
Location and height of all walls, fences and screen planting, including a detailed plan for the landscaping of the development and the method by which such landscaping is to be accomplished;
5.
Types of surfacing, such as paving or turfing to be used at various locations;
6.
A preliminary grading plan of the area.
E.
Plans and elevations of building and structures sufficient to indicate the architectural style and construction standards.
F.
The proposed means for assuring the continuing existence, maintenance and operation of the project as an affordable housing project.
G.
Such other information as may be required by the Community Development Director to allow for a complete analysis and appraisal of the planned development.
(Ord. 2004-884; Ord. 2011-968 § 14; Ord. 2019-1056 § 3)
§ 18.18.090 Amendments to site plans-Approval required.
All development within the (SH) zone shall comply substantially with the site plans as approved by the design review or conditional use permit. Any modification shall be as prescribed in 18.36.275.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.18.100 Purpose.
The historic (H) combining zone is included in the zoning regulations to achieve the following objectives:
A.
To recognize, preserve and protect historically significant structures, sites, and features that reflect elements of the City's heritage.
B.
To encourage public knowledge, understanding and appreciation of the City's past.
C.
To strengthen civic and neighborhood pride and sense of identity based on the recognition and use of historic resources.
D.
To enhance the visual and aesthetic character, and aesthetic appeal of the City.
E.
To assure that new construction and subdivision of lots in the historic combining zone district are compatible with the character of the historic resources in the district.
F.
To identify and resolve conflicts between preservation of historic resources and alternative land uses.
G.
To encourage historic preservation, property maintenance and enhancement in the Town Center area.
H.
To implement the goals and policies found in the historic resources element of the General Plan.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.18.110 Applicability.
The historic combining zone district is an overlay district that may be applied to a property or group of properties by ordinance of the City Council. The zoning map will identify the historic combining zone district as an
(H) after the underlying zone district. Requirements of this section shall be considered in conjunction with the requirements of the underlying district, if a conflict exists between the requirements of the underlying district and this section, the requirements of this section shall apply.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.18.120 Historic designation criteria.
Any structure, site, district, or natural feature may be designated as part of the Historic combining zone district by the City Council if it meets one or more the following criteria:
A.
It exemplifies or reflects special elements of the City's cultural, architectural, aesthetic, social, economic, political, or artistic heritage; or
B.
It is identified with persons, a business use or events significant in local, state, or national history; or
C.
It embodies distinctive characteristics of style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship; or
D.
It is representative of the notable work of a builder, designer, or architect; or
E.
Its unique location or singular physical characteristic represents an established and familiar visual feature of a neighborhood, community or the City; or
F.
Its integrity as a natural environment or feature strongly contributes to the well being of residents of the City or the well being of a neighborhood within the City; or
G.
It is a geographically definable area possessing a concentration or continuity of site, buildings, structures or objects as unified by past events or aesthetically by plan or physical development.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.18.130 Historic designation procedures.
The Historic combining zone district shall be established by the City Council through the same procedures as a change in zoning as described in Article 7 of Chapter 18.36 of this title. However, any person may request that the historic combining zone be applied to a structure, site, district, or natural feature by submitting an application for such designation to the Community Development Department. The Planning Commission shall conduct a study of the proposed designation and make a preliminary determination based on such documentation as it may require as to its appropriateness for consideration. The study shall be completed within 180 days of receipt of the application. If the Planning Commission determines that the application merits consideration, but only if it so determines, it shall make a recommendation to the City Council, and the City Council shall decide whether or not to proceed with the zone change. No permits for alteration, demolition or removal of any improvements, building or structure within the proposed historic combining zone district shall be issued while the public hearing or any appeal related thereto is pending.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.18.140 Conditional use permit required.
A.
A conditional use permit shall be required prior to:
1.
New construction and/or alteration of the exterior features of a building or site within a designated historic combining zone district, or alteration of a historic resource within a (H) zone, requiring a City building permit. A conditional use permit shall not be required for minor accessory structures such as tool sheds and swimming pools, subject to a determination by the Community Development Director that such structures are minor accessory structures.
2.
Demolition or removal of any historic resource or of any improvements in a Historic combining zone district.
3.
A conditional use permit shall not be required for the following: (a) ordinary maintenance or repairs that do not involve a change in design, exterior material or original appearance of an improvement; nor (b) any construction, reconstruction, alteration or removal of any feature which has been determined and certified by the Building Official to be necessary to protect the public health or safety due to an unsafe or dangerous condition.
B.
Procedures for applying for a conditional use permit shall be the same as described in Article 3 of Chapter 18.36.
C.
Required Findings for Construction or Alteration. The following findings are required for issuance of a conditional use permit for the alteration of a historic resource, or for construction of improvements within the historic combining zone district. No conditional use permit shall be issued if the findings cannot be made. For work on an Historic resource in an historic district, the required findings for both the resource and district shall be made.
1.
Alteration of a Designated Historic Resource.
a.
The proposed work will not detrimentally alter, destroy or adversely affect the resource and, in the case of a structure, is compatible with the architectural style of the existing structure.
b.
The proposed modification will retain the essential elements that make the structure, site or feature significant.
2.
Construction of Improvements in the Historic District.
a.
The proposed work conforms to the municipal code and design standards that may be established from time to time by the Planning Commission.
b.
The proposed work does not adversely affect the character of the district or historic resources within the district.
c.
The proposed work is harmonious with existing surroundings. The extent of harmony shall be evaluated in terms of appropriateness of materials, scale, size, height, placement and use of a new building or structure in relationship to existing buildings and structures and the surrounding setting.
D.
Required Findings and Additional Permit Procedures for Demolition, Removal, or Relocation of Historic Structures.
1.
A conditional use permit for the demolition of a historic resource shall not be approved unless the Planning Commission, or on appeal, the City Council finds that one or more of the following conditions exist:
a.
The structure/site is a hazard to public health or safety and repairs or stabilization are not physically possible; or
b.
The site is required for public use that will be of more benefit to the public than the historic resource, and there is no feasible alternative location for the public use; or
c.
Reconstruction or restoration is not economically feasible or practical.
2.
No person shall carry out or cause to be carried out any demolition, removal or relocation of a historic resource or structure within a historic district without first receiving a demolition or relocation permit from the City. Such permit shall not be issued until after a conditional use permit has been approved by the Planning Commission or by the City Council on appeal.
E.
The requirements of this section shall not apply to any publicly-owned project.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.18.150 Historic residential design standards.
A.
Permitted Uses.
1.
All uses shall be permitted in the Historic combining zone district as are authorized in the underlying residential zone district.
2.
The City Council may also permit other non-listed uses that support the purposes of the district as a conditional use following a public hearing and recommendation by the Planning Commission.
B.
Site Development Standards.
1.
The site development standards shall be the same as those in the underlying residential zone district.
2.
The City Council, either independently or upon recommendation by the Planning Commission, may authorize alternative development standards that support the integrity of the historic character of the resource or district in question through review of a conditional use permit for improvements to a historic resource or improvements in a historic district.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.18.160 Historic commercial development standards.
A.
Permitted Uses. All uses shall be permitted in the historic combining zone district as are authorized in the underlying commercial district. The City Council may also permit other non-listed uses that support the purposes of the district as a conditional use following a public hearing and recommendation by the Planning Commission.
B.
Site Development Standards. The site development standards shall be the same as those in the underlying commercial zone district with the following exceptions:
1.
The front building setback may be established at the property line except for corner properties requiring sight clearance, in which case the setback shall be to the approval of the City Engineer.
2.
On-site parking requirements may be modified under any one or a combination of the following provisions:
a.
On-site parking requirements may be waived upon the presentation to the City of a long-term lease, running with and as a condition of the business license, for private off-site parking accommodations within 500 feet of the business or activity to be served.
b.
All or a portion of required number of parking spaces may be satisfied by depositing with the City an amount determined by the City Council, to be used for public parking accommodations within the area.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.18.200 Purpose.
In addition to the purpose prescribed in Section 18.02.020, an Oil Production (O) combining zone is included in the zoning regulations to achieve the following objectives:
A.
To designate appropriate areas for the continued extraction and new extraction of oil, gas and other hydrocarbon substances.
B.
To establish regulations and appropriate performance, development, and maintenance standards for the extraction of such substances in order to reduce possible detrimental effects to surrounding properties.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.18.210 Location and development requirements.
§ 18.18.220 Development standards.
Performance, development and maintenance standards, including screening, landscaping, noise and odor control, and signing shall be specified in the conditional use permit.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.18.400 Purpose.
The purpose and intent of Imperial Highway (I) combining zone is to provide for the development, redevelopment, maintenance and enhancement of commercial uses relating to the automobile and to provide for the needs of the motoring public. It is further recognized that automobile-related uses present significant and specialized land use challenges relating to design, aesthetics and the environment. The intent is to restrict major vehicle repair and similar automotive uses to the (I) portions of the CG zone only and subject to approval of a conditional use permit.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.18.410 Permitted and conditional uses.
A.
Permitted Uses. Uses permitted in the underlying zone shall be deemed permitted uses within the (I) zone, except any automotive-related use, other than the exclusive retail sales of automobile parts and accessories, shall require approval of a conditional use permit by the Planning Commission.
B.
Similar Uses. For the purposes of the Article, automobile sales and service shall include all vehicular sales and repair businesses, including, but not limited to: tire sales, installation and repair; new and used car sales; vehicle repair; recreational vehicle sales, service and repair, including campers, boats and trailers; vehicle rental and leasing, including trucks over one ton in size; and auto parts and accessory sales which include minor repairs and installation facilities, such as tire, radio/stereo, car phone and alarm installation. Automobile parts and accessory stores which do not have vehicle service, repair and/or installation bays or facilities shall be deemed a retail business and shall not be subject to the provisions of this article.
C.
Service Stations. Service stations may be established if permitted by the underlying zone regulations, subject to approval of a conditional use permit by the Planning Commission. Ancillary and accessory uses that may be permitted with a service station, subject to conditional use permit approval, include fast food (take out only), coin/token operated car wash, service and minor repair, and mini-market. Major vehicular repair, including engine overhaul, transmission repair and other similar mechanical work requiring the removal and repair of major vehicular engine and drive components shall not be deemed accessory to a service station use.
D.
Mini warehouses/self-storage facilities may be permitted within any CG (Commercial General) parcel within the (I) zone, subject to conditional use permit approval by the Planning Commission.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.18.420 Location.
The (I) zone is hereby established to include all commercially zoned property located on both sides of Imperial Highway from Eureka Avenue to the western corporate boundary.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.18.430 Property development requirements and standards.
A.
Underlying Zone Regulations. The development standards of the underlying zone regulations shall apply unless an alternative development standard is approved by the Planning Commission in conjunction with approval of the conditional use permit.
B.
Outdoor Uses. With the exception of new and used vehicle display, all uses, installation and repair activities, including minor repairs such as tire changing and repair, battery/headlamps/belt replacement, and other similar activities, shall be conducted within a fully-enclosed building, except as otherwise approved by a conditional use permit. Outdoor display and sales, including, but not limited to, display racks, lubrication products, tires and beverages, is prohibited.
C.
Audio Equipment. The use of loudspeakers and audio equipment outside is prohibited.
D.
Exterior Lighting. Applicants proposing exterior lighting for vehicular sales, service stations, and other uses requiring exterior lighting, shall submit a lighting plan in conjunction with the conditional use permit. Said lighting plans shall indicate all exterior light fixtures by type and location, and shall further include a photometric analysis. All light fixtures shall be provided in a manner so that the intensity of light spillover beyond a distance of 20 feet from any project boundary does not exceed 0.2 foot candle.
(Ord. 2004-884; Ord. 2019-1056 § 3)