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Chapter 8.34
SCARLETT COURT OVERLAY ZONING DISTRICT

8.34.010 Purpose.

The purpose of this Chapter is to establish a procedure to ensure that all development in the Scarlett Court Overlay Zoning District is reviewed for substantial compliance with the Scarlett Court Design Guidelines and to ensure that proposed uses in the area are reviewed for compliance with the appropriate development standards and regulations. The intent of the Chapter is also to:

A.    Enhance the aesthetics of the Scarlett Court Area;

B.    Guide the design of future development and improvements to reinforce the Scarlett Court Design Guidelines; and

C.    Improve the public realm to create a positive pedestrian experience, enhance the area’s image, and create a unique sense of place. Rev. Ord. 8-11 (June 2011); Ord. 11-07 (May 2007)

8.34.020 Applicability.

The Scarlett Court Overlay Zoning District is a designation in addition to the M-1 (Light Industrial), C-2 (General Commercial) Zoning District that each property in the area retains. The standard Zoning District contains all information regarding permitted and conditionally permitted uses, development standards, and regulations, while the Scarlett Court Overlay provides a mechanism to review development on any of the properties in the District for substantial compliance with the Scarlett Court Design Guidelines. Rev. Ord. 8-11 (June 2011); Ord. 11-07 (May 2007). Formerly 8.34.030

8.34.030 Projects Subject to Compliance with this Chapter.

A.    New Construction. Any new construction or additions to an existing structure within the Scarlett Court Overlay Zoning District that alters the exterior appearance of the building. Internal tenant improvements are not subject to compliance with this Chapter.

B.    Exterior Modification of an Existing Structure. Any exterior modification of an existing structure located within the Scarlett Court Overlay Zoning District, including, but not limited to, facade renovation, new and/or additional windows and doors, and roof- or ground-mounted mechanical equipment.

C.    Modification to Site Layout. Any modification to site layout or site improvements in the Scarlett Court Overlay Zoning District, including, but not limited to, parking, walls and fencing, circulation, landscaping, accessory structures, or trash enclosures.

D.    Signage. Installation of new signage or replacement of sign copy in the Scarlett Court Overlay Zoning District.

E.    Auto-Related Uses in the Scarlett Court Overlay Zoning District. Auto-related uses requiring either a Zoning Clearance or Minor Use Permit in the Scarlett Court Overlay Zoning District in accordance with Chapter 8.12 (Zoning Districts and Permitted Uses of Land). Rev. Ord. 8-11 (June 2011); Ord. 11-07 (May 2007). Formerly 8.34.040

8.34.040 Application.

The applicant shall submit the following, as appropriate:

A.    A complete Zoning Clearance or Minor Use Permit application, in compliance with Chapter 8.12 (Zoning Districts and Permitted Uses of Land); or

B.    Unless waived in accordance with Section 8.34.110, a complete Site Development Review application pursuant to Chapter 8.124, Applications, Fees and Deposits, accompanied by a fee and such materials as are required by the Director of Community Development. Rev. Ord. 8-11 (June 2011); Ord. 11-07 (May 2007). Formerly 8.38.050

8.34.050 Notice of Decision.

A notice of decision shall be given consistent with Chapter 8.132, Notice and Hearings. No public hearing is required for Scarlett Court Overlay Zoning District Site Development Review unless the application being considered is a permit which requires a public hearing pursuant to Chapter 8.132. Rev. Ord. 8-11 (June 2011); Ord. 11-07 (May 2007). Formerly 8.38.060

8.34.060 Concurrent Consideration.

When a Scarlett Court Overlay Zoning District Site Development Review is required for a project that is also subject to a conditional use permit and/or variance, it shall be approved, conditionally approved, or denied by the same decision-maker or body for those actions. Rev. Ord. 8-11 (June 2011); Ord. 11-07 (May 2007). Formerly 8.34.070

8.34.070 Required Findings.

A.    The following findings shall all be made in order to approve an application for Scarlett Court Overlay Zoning District Site Development Review:

1.    Approval of the application is consistent with the purpose and intent of this Chapter.

2.    Any approval complies with the policies of the General Plan, with any applicable Specific Plans, with the development regulations or performance standards established for the standard zoning district in which it is located, and with all other requirements of the Zoning Ordinance.

3.    The approval will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and general welfare.

4.    The design of the project will provide a desirable environment for the development and an attractive environment for the public.

5.    The project is in substantial compliance with the applicable chapters of the Scarlett Court Design Guidelines.

B.    The findings for approval for a Minor Use Permit in the Scarlett Court Overlay Zoning District shall be as specified in Section 8.102.060 (Minor Use Permit - Required Findings). Rev. Ord. 8-11 (June 2011); Ord. 11-07 (May 2007). Formerly 8.34.080

8.34.080 Permitting Procedures.

A.    Zoning Clearance. Uses requiring a Zoning Clearance in compliance with Chapter 8.12 (Zoning Districts and Permitted Uses of Land) shall be approved ministerially with a Zoning Clearance and without discretionary review or a public hearing if it meets the following standards:

1.    Meets all development standards and regulations for the zoning district in which it is located and any other applicable provisions of the City Code or regulations, including occupancy, accessibility, California Building Code, and Fire Code requirements.

2.    Meets the parking requirement for the use type in accordance with the requirements of Section 8.76.080 (Parking Requirements by Type) without any adjustments, reductions or variances.

3.    The use qualifies for an exemption for environmental review under the California Environmental Quality Act (CEQA).

4.    The hours of operation are no earlier than 7:00 a.m. and no later than 10:00 p.m. for automobile/vehicle sales and no earlier than 7:00 a.m. and no later than 7:00 p.m. for automobile/vehicle service or repair.

5.    All service and/or repair work shall be conducted inside the building.

6.    No outdoor storage of vehicles being repaired.

7.    No amplified sounds or loudspeakers outside the building.

8.    Any automobile/vehicle washing or detailing shall be done in compliance with applicable water pollution control standards.

A Zoning Clearance form shall document the compliance of the use with the above requirements and shall be kept on file in the community development department for the duration of the operation of the use.

B.    Minor Use Permit. A proposed use that does not meet the requirements for approval by a Zoning Clearance under subsection A of this section shall require approval of a Minor Use Permit under Chapter 8.102 (Minor Use Permit). Ord. 8-11 (June 2011)

8.34.090 Action.

A.    The decision-maker for Scarlett Court Overlay Zoning District Site Development Review applications shall be the Director of Community Development (or his/her designee), except as provided in Section 8.34.060, Concurrent Consideration, of this Chapter. The Director of Community Development may, based on evidence in the public record, and on the findings above, make an administrative decision to approve, conditionally approve, or deny a Scarlett Court Overlay Zoning District Site Development Review application.

B.    The decision-maker for a Zoning Clearance or Minor Use Permit, in compliance with the Scarlett Court Overlay Zoning District, shall be as specified by Chapter 8.102 (Minor Use Permit) and Chapter 8.116 (Zoning Clearance). Rev. Ord. 8-11 (June 2011); Ord. 11-07 (May 2007)

8.34.100 Amendment.

A.    The process for amending a Scarlett Court Overlay Zoning District Site Development Review approval shall be the same as the process for approving a Scarlett Court Overlay Zoning District Site Development Review application. The decision-maker for the Scarlett Court Zoning District Site Development Review amendment shall be the same decision-maker that ultimately approved the Scarlett Court Zoning District Site Development Review including approval on appeal. The Community Development Director or his/her designee may grant a Scarlett Court Overlay Zoning District Site Development Review waiver for applications approved by another decision-maker or body upon the determination that the modification is a minor project and in accordance with Section 8.34.110, Waiver, to an approved Scarlett Overlay Zoning District Site Development Review.

B.    The process for amending a Minor Use Permit in the Scarlett Court Overlay Zoning District shall be as stated in Section 8.102.080 (Minor Use Permit - Amendments).

C.    Zoning Clearance approvals shall be amended through submittal and approval of a new application pursuant to Chapter 8.116 (Zoning Clearance). Rev. Ord. 8-11 (June 2011); Ord. 11-07 (May 2007)

8.34.110 Waiver to an Approved Scarlett Court Overlay Zoning District Site Development Review.

The Community Development Director or his/her designee may allow a minor change to an approved Scarlett Court Overlay Zoning District Site Development Review as a waiver upon determining the following:

A.    The proposed change is in substantial conformance with the approved Scarlett Court Overlay Zoning District Site Development Review;

B.    The proposed change is minor in scope;

C.    The proposed change is exempt from or not otherwise subject to the California Environmental Quality Act; and

D.    The proposed change is consistent with the conditions of approval for the Scarlett Court Overlay Zoning District Site Development Review and is substantially consistent with the Scarlett Court Design Guidelines.

It is not the intent of this Chapter that a series of Scarlett Court Overlay Zoning District Site Development Review waivers be used to circumvent the need for full and complete Scarlett Court Overlay Zoning District Site Development Review. Rev. Ord. 8-11 (June 2011); Ord. 11-07 (May 2007)

8.34.120 Waiver for a Project that Does Not Have an Approved Scarlett Court Overlay Zoning District Site Development Review.

The Community Development Director or his/her designee may allow a minor change to an existing site or building in the Scarlett Court Overlay Zoning District that does not have an approved Scarlett Court Overlay Zoning District Site Development Review as a waiver upon determining the following:

A.    The proposed change is minor in scope;

B.    The proposed change is categorically exempt from the California Environmental Quality Act; and

C.    The proposed change is substantially consistent with the Scarlett Court Design Guidelines. It is not the intent of this Chapter that a series of Scarlett Court Overlay Zoning District Site Development Review waivers be used to circumvent the need for full and complete Scarlett Court Overlay Zoning District Site Development Review. Rev. Ord. 8-11 (June 2011); Ord. 11-07 (May 2007)

8.34.130 Scarlett Court Design Guidelines.

The Scarlett Court Design Guidelines adopted by the City Council on May 1, 2007, by Resolution 54-07, and as may be amended thereafter, shall be used to guide the review of Scarlett Court Overlay Zoning District Site Development Review applications. Rev. Ord. 8-11 (June 2011); Ord. 11-07 (May 2007)

8.34.140 Building Permits.

Building permits shall not be issued except in accordance with the terms and conditions of the Scarlett Court Overlay Zoning District Site Development Review approval. Rev. Ord. 8-11 (June 2011); Ord. 11-07 (May 2007)

8.34.150 Ordinary Maintenance and Repair.

Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any existing exterior architectural feature on any property in the Scarlett Court Overlay Zoning District that does not involve a change in design, material, or exterior appearance and when such maintenance or repair is conducted in accordance with Chapter 8.140, Non-Conforming Structures and Uses. Rev. Ord. 8-11 (June 2011); Ord. 11-07 (May 2007)

8.34.160 Procedures.

The procedures set forth in Chapter 8.96, Permit Procedures, shall apply except as otherwise provided in this Chapter. Rev. Ord. 8-11 (June 2011); Ord. 11-07 (May 2007)