Chapter 2-73
COMBINING DISTRICTS
Sections:
2-73-010 Purpose.
2-73-020 H – Highway district.
2-73-030 P – Parking district.
2-73-040 HP – Historic preservation districts.
2-73-050 Repealed.
2-73-060 DR – Design review combining district.
2-73-070 Transferable development credits combining district.
2-73-010 Purpose.
For purposes of modifying zoning districts in a manner which may be more restrictive or less restrictive as the city of Livermore may deem necessary in the establishment of zoning for particular areas, the following combining districts are established to be used in combination with zoning districts. (Ord. 442 § 18.10)
2-73-020 H – Highway district.
A. Purpose. To permit additional limited commercial uses associated with other compatible uses along major streets or highways in areas not suitable for zoning to restricted residential use or desired by the city to be zoned for unrestricted commercial use.
B. Uses Permitted. In addition to the uses permitted in the zoning district with which this district is combined, the following uses are permitted; provided, that any conditions for a zoning use permit as set forth in LPZC Part 3 are fulfilled: hotels, inns, motels, restaurants, cafes, and other uses determined by the planning commission to be of the same general character as the listed uses; and signs (Chapter 3-45 LPZC).
C. Site Requirements. Permitted uses shall conform to the site requirements set forth in LPZC 2-31-060 through 2-31-110 or to those of the zoning district with which this district is combined, whichever are greater.
D. Conditional Use Permit. A conditional use permit shall be required for any other use which is not specifically permitted in the district. (Ord. 649 § 12, 1968; Ord. 442 §§ 18.20 – 18.24)
2-73-030 P – Parking district.
A. Purpose. To designate areas on a site in which off-street parking shall be required to be located. It shall be intended that the P district may be applied in conformance to a site plan submitted by an applicant, or to any municipal or district parking lots established within the city. Also, it shall be intended to be applied when in the opinion of the city of Livermore the health, safety and general welfare requires designation of those areas to be used for the principal use and for its appurtenant off-street parking.
B. Uses Permitted. The following uses are permitted; provided, that any conditions for a zoning use permit as set forth in LPZC Part 3 are fulfilled: off-street parking lots, accessory uses and structures appurtenant to any permitted use in the zoning district with which this district is combined, and signs as may be permitted in the zoning district with which this district is combined.
C. Site Requirements. Permitted uses shall conform to the site requirements of the zoning district with which this district is combined. (Ord. 442 §§ 18.30 – 18.33)
2-73-040 HP – Historic preservation districts.
A. Purpose. The purpose of the historic preservation districts are:
1. To promote the historic preservation objectives of the city of Livermore;
2. To safeguard the city’s heritage as embodied and reflected in its resources;
3. To encourage public knowledge, understanding and appreciation of the city’s past;
4. To foster civic and neighborhood pride and a sense of identity based on the recognition and use of historic resources;
5. To promote the enjoyment and use of historic resources appropriate for the education and recreation of the people of the city;
6. To preserve diverse and harmonious architectural styles and design preferences reflecting phases of the city’s history and to encourage complementary contemporary design and construction;
7. To protect and enhance the city’s attractiveness to tourists and visitors;
8. To assist in the early identification and resolution of potential conflicts between the preservation of historic resources and alternate land uses;
9. To integrate the preservation of historic resources into the city’s planning process; and
10. To conserve valuable historic material by ongoing use and maintenance of the existing structures.
The HP combining districts will provide a system of uniform regulations for those historic resources deemed worthy of a higher degree of protection than is provided under the zoning code. In order to achieve these goals, the HP combining district is divided into the HP-L (landmark) and HP-H (heritage) districts.
B. Uses Permitted. The uses permitted in the HP districts are restricted to those uses permitted in the zone with which the HP district is combined; provided, however, that upon the favorable recommendation of the historic preservation commission, a conditional use permit may be granted to permit uses that will advance or support the city’s historic preservation objectives.
C. HP-L (Landmark) District Regulations. The following development standards shall be imposed on any site that has been zoned with this combining zoning district. When a difference between the zoning regulations exists, the more restrictive standards shall be utilized.
1. All structures within these zoning districts are considered local historic landmarks;
2. Any demolitions, additions, alterations or moving of any historic features will be subject to the approval of a certificate of appropriateness;
3. Floor area ratio for any site combined with an R district shall not exceed 25 percent.
D. HP-H (Heritage) District Regulations. The following development standards shall be imposed on any site that has been zoned with this combining zoning district. When a difference between the zoning regulations exists, the more restrictive standards shall be utilized.
1. All sites are considered a historic resource;
2. Demolitions or additions to sites shall be subject to approval of a certificate of appropriateness if they are visible from a public right-of-way, a private street, or a parking lot available for public use;
3. Floor area ratio for any site combined with an R district shall not exceed 25 percent.
E. Certificate of Appropriateness. A certificate of appropriateness is a permit that can be approved, conditionally approved or denied when the project involves alteration or demolition of any features or properties subject to the requirements of the historic preservation zoning districts, or any demolition or exterior modification to structures within the city identified in the Livermore historical resources survey or deemed to have historical value based on other evidence available to the city. If the project is consistent with all of the findings noted below, the historic preservation commission may approve the certificate of appropriateness. Historic preservation commission actions may be appealed to the planning commission pursuant to the appeal procedures of this code.
F. Findings Required. Approval of a certificate of appropriateness shall be based upon the following findings:
1. The proposed work will neither adversely affect the significant architectural features of the historic resource nor adversely affect the character of historical, architectural, or aesthetic interest or value of the historic resource and its site;
2. With regard to any property located within a historic preservation district, the proposed work is consistent with the standards of other resources in the district and does not adversely affect the character of the district;
3. That an engineering report and restoration cost estimate has been submitted in compliance with Chapter 15.24 LMC, if the certificate of appropriateness is for the demolition of any structure that has been designated as a landmark;
4. That the project is not in conflict with the general plan;
5. That the project is consistent with the requirements of the California Environmental Quality Act. (Ord. 1861 § 1, 2009; Ord. 1386, 1992; Ord. 1374, 1992; Ord. 442 §§ 18.40 – 18.47)
2-73-050 CAC – Central area combining district.
Repealed by Ord. 1709. (Ord. 1196, 1985; Ord. 442 §§ 18.50 – 18.56)
2-73-060 DR – Design review combining district.
A. Purpose. This district provides a means by which the city may evaluate the site, building, and/or landscaping design of proposed developments of property, and to provide discretion in the evaluation of the standards of design, architectural style and compatibility, building bulk, height, and setbacks. Discretionary review and the ability to apply additional standards of design are intended to protect the overall appearance of the area by regulating the design of the proposed use or development. The provisions of this district are intended to ensure that the design of new construction or substantial alterations of existing structures, is consistent with adjoining properties and uses in the immediate neighborhood area, the zoning for allowable uses thereon, and in keeping with the policies and objectives of the general plan.
B. Definitions.
1. “New construction” means the placement of uses or structures on a property upon which no existing construction has taken place. New construction shall include requests for new development under the provisions of a site plan approval, conditional use permit, subdivision, variance, zoning use permit, or building permit.
2. “Remodeling” means a change in the exterior of an existing structure by 25 percent or more of the current assessed value of the structure.
3. “Rebuilding” means the reconstruction of at least 25 percent of an existing structure.
4. “Expansion of an existing building” means the increase in area of an existing building by 25 percent or more of the existing floor area.
C. Development Standards Subject to Discretionary Review. The development standards set forth in the zoning code may be modified in a manner consistent with the findings required in subsection (D) of this section, but in no case shall these standards be modified in a manner which would be less restrictive than established by this code. Those standards include, but are not necessarily limited to:
1. Minimum lot size, minimum lot width, and minimum lot street frontage;
2. Minimum yards, including street frontage yards, rear yards, side yards, and setbacks from major streets, highways or railroads;
3. Maximum developable floor area;
4. Maximum building height;
5. Minimum open space requirements;
6. The location, height and bulk of an accessory structure;
7. Landscaping standards;
8. Architectural, landscaping or site design theme; and
9. Colors, materials, or architectural treatments.
D. Necessary Findings. No development shall occur within the boundaries of the design review district through rebuilding, remodeling, expansion of existing use, or by new construction unless the agency with approval authority makes the following findings:
1. That the proposed development and use is consistent with the goals and objectives of the visual resources policies of the general plan, and the goals, policies and objectives of the city of Livermore design guidelines.
2. That where two dissimilar uses abut one another, such as single-family adjacent to multiple-family, or an industrial area visible from a residential area, that the more intensive use will not have an adverse impact upon the character, harmony, public safety and general welfare, or economic stability of the less intensive use.
3. That the intended use including its size and shape, any yards, setbacks, walls, fences, height, bulk, architecture and landscaping, or similar features are consistent with the purpose and intent of the design review district, and that the design of the use is compatible with those on abutting land and/or in the neighborhood.
4. That in approving the intended design there will not be adverse effects on abutting or neighboring property and the permitted use thereof.
5. That the conditions imposed as conditions of approval are necessary to protect the health, safety, and general welfare and to make possible development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this code and in the general plan.
E. Establishing Special Conditions of Approval. Where the proposed development does not require a discretionary permit approval, a zoning use permit must be reviewed and approved prior to issuance of a building permit. The agency with authority to review and approve permits under the provisions of this code shall have the authority to apply reasonable conditions of approval to any permit consistent with the purposes and intent of this district. (Ord. 1709 § 5, 2004; Ord. 1543 § 4, 1999; Ord. 1298, 1989; Ord. 442 §§ 18.60 – 18.65)
2-73-070 Transferable development credits combining district.
A. Purpose. The purpose of the transferable development credits (TDC) combining district is:
1. To identify receiver sites under the transferable development credits (TDC) program included in the general plan and LPZC 3-10-360;
2. To identify the residential zoning districts consistent with the TDC densities when a property owner chooses to utilize increased densities provided through the TDC program.
B. The TDC combining district shall be combined with the zoning district for the baseline density of a TDC receiver site. The TDC combining district shall identify the zoning district consistent with the increased densities under the TDC program for the receiver site as follows:
|
TDC Density |
TDC Combining |
|
Single-family up to 6 du/ac |
Suburban Residential (RS) |
|
Multifamily up to 14 du/ac |
Medium Density Residential (RM) |
|
Multifamily 14.1 du/ac and higher |
High Density Residential (RH) |
C. Uses Permitted. The uses permitted on TDC receiver sites shall be consistent with the general plan land use designation and zoning district for either the baseline density or the TDC density in conformance with the provisions of LPZC 3-10-360.
D. Site Requirements. Permitted uses shall conform to the site requirements of the baseline zoning district or the TDC combining district in conformance with the provisions of LPZC 3-10-360. (Ord. 1734 § 2, 2004)