Chapter 10.28
OVERLAY DISTRICTS
Sections:
10.28.030 Conflicts between provisions.
10.28.060 Planned development (-Pd).
10.28.070 Senior housing (-Sh).
10.28.080 Emergency shelters (-Es).
10.28.010 Purpose.
In addition to the general purposes established in SMC 10.10.030 (Title and purpose), the specific purposes of the overlay districts are as follows:
A. To provide additional regulations for specified areas, to be used in combination with base zoning districts;
B. To address special needs or characteristics of applicable areas of Sausalito;
C. To prevent potential hazards and/or land use conflicts that may be created by unique community character or visual quality; and
D. To provide flexible development standards where doing so is consistent with the objectives, policies and programs of the general plan while ensuring substantial compliance with both specific and general regulations within the underlying district. [Ord. 1167 § 2, 2003.]
10.28.020 Applicability.
The requirements of this chapter (Overlay Districts) apply to proposed land uses in addition to all applicable requirements of Chapters 10.20 through 10.26 (base zoning district regulations), 10.40 (General Development Regulations), 10.44 (Specific Use Requirements), and 10.46 SMC (Historic Preservation), and any other applicable requirements of this title. [Ord. 1261 § 22, 2018; Ord. 1167 § 2, 2003.]
10.28.030 Conflicts between provisions.
In the event of any conflict between this chapter (Overlay Districts) and Chapters 10.20 through 10.26 SMC (base zoning district regulations), the requirement specified in the overlay district shall apply. In the event that the overlay district is silent, the requirements of the underlying zoning district shall apply. [Ord. 1167 § 2, 2003.]
10.28.040 Historic (-H).
A. Purpose and Intent. The City Council may designate an area containing a number of structures having a special character or special historic, architectural, or aesthetic interest or value, and constituting a distinct section of the City, as a historic overlay district (-H). The historic overlay district designation shall have additional protections for the contributing structures and to ensure that physical alterations to properties within this overlay, including those to noncontributors, are compatible with the character of the district, but shall not affect the underlying base zoning district regulations. In addition to the general purposes of this chapter, the specific purposes of the historic overlay district are to provide the ability to acknowledge, honor, and encourage the continued maintenance and preservation of those select properties in the City that contribute to the City’s architectural and cultural history. Further, it is the purpose of this chapter to promote the public health, safety, and general welfare by providing for the identification, recognition, designation, protection, enhancement, perpetuation, and use of historic resources that reflect associations important in the City’s history and to:
1. Safeguard the character and history of the City which is reflected in its unique architectural, historic, and cultural heritage through the designation of historic overlay districts;
2. Provide a method for the identification and designation of historic overlay districts;
3. Deter the demolition, alteration, misuse or neglect of historic or architecturally significant structures and sites;
4. Encourage preservation and adaptive reuse of properties in historic overlay districts by allowing changes to accommodate new functions and uses;
5. Provide a review process for alterations, modifications and additions on properties within a historic overlay district, including applying applicable adopted guidelines and policies as adopted by the City;
6. Enhance property values, stabilize neighborhoods, and render City properties in historic overlay districts eligible for benefits and incentives;
7. Foster civic and neighborhood pride and a sense of identity based on the recognition of the City’s past accomplishments as reflected through its buildings, structures, objects, landscape, natural features, infrastructure, and engineering;
8. Strengthen the City’s economy by protecting and enhancing the City’s attraction to residents, tourists, visitors, and others, thereby serving as a stimulus and support to local business and industry; and
9. Identify incentives that are intended to encourage owners to designate, maintain, reuse, rehabilitate, and improve properties within historic overlay districts.
B. Zoning Map Indicator. The -H historic overlay district may be combined with any zoning district. Each -H historic overlay district shall be shown on the zoning map by adding an “-H” designator to the base district designation, followed by the number of the district based on the order of adoption.
C. Applicability. All public and private lands within the boundaries of the historic overlay district shall be subject to this chapter, Chapter 10.46 SMC (Historic Preservation), any other applicable provisions of this title, and applicable provisions of the Sausalito Municipal Code.
D. Land Use and Development Regulations. The land use and development regulations applicable in an -H district shall be as prescribed for the base district with which it is combined unless modified by another overlay district. The requirements of any applicable design and sign guidelines shall govern where conflicts arise. The requirements and standards that apply to land uses and new development within the historic overlay district shall be as provided by Chapters 10.20 through 10.26 SMC (base zoning district regulations) for the applicable base zoning district, unless otherwise provided by a preservation agreement, pursuant to SMC 10.46.070(F) (Written Agreement). Alternate uses may be allowed with a conditional use permit as provided by SMC 10.46.070(D) (Additional Uses).
E. Establishment of Historic Overlay Districts. Historic overlay districts are areas, both contiguous and noncontiguous, of the City that have a special architectural, cultural, or historic significance, and are designated by the City Council. Properties within a historic overlay district may be both contributing and noncontributing, and those contributing properties may be identified on site with an exterior marker or plaque in accordance with City guidelines displaying pertinent information about the resource. A record of properties in each historic overlay district shall be kept by the City, and be provided to the regional information center of the State Office of Historic Preservation and other agencies as required.
F. Criteria for Establishing -H Historic Overlay District. The historic overlay district may be applied to areas which are documented as historic districts. Portions of a base zoning district that do not meet the criteria may be included in a historic overlay district if inclusion is found to be essential to the integrity of the district. The following criteria shall be used to determine application of the historic overlay district:
1. The area possesses character, interest, or value as part of the heritage of the City of Sausalito;
2. The area is the location of a significant historical event;
3. The area is identified with a person or group that contributed significantly to the culture and development of the City of Sausalito;
4. Structures within the area exemplify a particular architectural style or way of life important to the City;
5. Structures within the area are the best remaining examples of an architectural style in a neighborhood;
6. The area or its structures are identified as the work of a person or group whose work has influenced the heritage of the City of Sausalito, the State or the United States;
7. The area is related to a designated historic building or district in such a way that its preservation is essential to the integrity of the building or district;
8. The area’s unique location or singular physical characteristics represent an established and familiar visual feature of a neighborhood;
9. The area has potential for yielding information of archaeological interest; and/or
10. The area’s integrity as a natural environment strongly contributes to the well-being of the people of the City of Sausalito.
G. Procedures for Historic Overlay District Designation.
1. The Historic Preservation Commission and Planning Commission shall have the authority to recommend approval, disapproval, or modification of properties within a historic overlay district to the City Council.
2. Initiation. Initiation of designation of properties within a historic overlay district shall be made by one of the following methods:
a. City Council or Historic Preservation Commission; or
b. Property owner(s) or member(s) of the public.
3. Notification to Property Owner(s). Within 10 days of initiation to a historic overlay district, the owner(s), designated agent(s), and tenant(s) of the subject property(ies) shall be notified consistent with Chapter 10.82 SMC (Public Notice and Hearings).
4. Application Requirements. Applications for the designation of a historic overlay district shall be filed with the Community Development Department and include the following:
a. A statement of architectural, historic, or cultural significance of the district and a description of the character-defining features that should be preserved;
b. A map showing the location of the area proposed as a district;
c. Photographic document of the building(s) and area;
d. A district preservation plan may be prepared that contains the following:
i. A narrative description of the proposed district including the age, setting, urban design elements, streetscapes, and major public improvements;
ii. Proposed objectives to be achieved by designation;
iii. A set of specific performance guidelines for new construction and alterations necessary to preserve the character of the district; and
iv. Proposed rules and regulations for the review of new construction, alterations, and improvements;
e. In lieu of subsections (G)(4)(a) through (d) of this section, applicants may alternatively submit a State Department of Parks and Recreation historic resources inventory form; and
f. Any additional information requested or required by the Community Development Department or the Historic Preservation Commission, including plans or materials deemed necessary to support and process the application.
5. Interim Protection Measures. No permits for exterior alterations shall be issued for 180 days from the date of initiation without prior approval by the Historic Preservation Commission. Pending permit applications may be processed, but no final action shall be taken until after the conclusion of the designation process or the 180 days have passed, whichever occurs first. The following permits may be processed during the designation process:
a. Ordinary Maintenance and Repair. Ordinary maintenance and repairs may be approved. For the purposes of this chapter, “ordinary maintenance and repairs” shall mean regular, customary, or usual care of an existing building, structure, object, or site, for the purposes of preserving said property and maintaining it in a safe and sanitary condition, and does not involve a change of design, material, or appearance of the property.
b. Dangerous and Immediately Dangerous Properties. Unsafe or dangerous conditions that present an imminent threat to the public or bodily harm or damage to adjacent property may be approved. The Building Official shall notify the Community Development Director in writing that the proposed action is necessary in order to mitigate the unsafe or dangerous condition.
6. Public Hearings. The Historic Preservation Commission and Planning Commission shall make a recommendation to the City Council to designate a historic overlay district.
a. Historic Preservation Commission Review. The Historic Preservation Commission shall consider the proposed designation at a noticed public hearing and shall recommend approval, in whole or in part, or disapproval to the application for the designation of a historic overlay district. The decision shall be in writing and state the findings of fact and reasons relied upon to reach the decision and forwarded to the City Council.
b. Planning Commission Review. The Planning Commission shall consider the proposed designation at a noticed public hearing and shall recommend approval, in whole or in part, or disapproval to the application for the designation of a historic overlay district. The decision shall be in writing and state the findings of fact and reasons relied upon to reach the decision and forwarded to the City Council.
c. Hearing and Decision by City Council. The City Council shall consider the proposed designation after receiving the Historic Preservation Commission’s and Planning Commission’s recommendations. The City Council may approve, disapprove, or give modified approval for the historic overlay district. The City Clerk shall then notify the owner(s) of the property or the owners of property in the district of the City Council’s action.
7. Findings. The Historic Preservation Commission and Planning Commission may recommend approval of a historic overlay district if all of the following findings can be made:
a. The area proposed for the historic overlay district is significant to local, regional, State or national history.
b. The criteria identified in subsection F of this section (Criteria for Establishing -H Historic Overlay District) have been considered and apply to the proposed area.
c. Sites within the proposed area that are not individually historic are being included because they are essential to the integrity of the district.
d. Designation of the proposed area as a historic overlay district has been subject to environmental review and the appropriate findings have been made.
e. Designation of the historic overlay district will preserve historic character and integrity of the proposed area.
f. Proposed district has a significant architectural or historical character that can be preserved or enhanced through appropriate controls and incentives on new development and alterations to existing buildings and landscaping.
g. Special criteria are appropriate and being applied in the form of design guidelines, sign guidelines or a conservation plan.
8. Recordation of Decision. A certified copy of the City Council decision shall be recorded in the office of the County Recorder by the City Clerk immediately following its effective date. A historic overlay district will be identified on the official map with an “-H”, followed by the number of the district based on the order of adoption.
9. Disapproval of Proposed Designation. Whenever an application for designation of a historic overlay district has been rejected by the City Council, no application that contains the same or substantially the same information as the one disapproved shall be resubmitted within a period of three years from the date of the final action on the prior application. However, if significant new information is made available and provided by and at the expense of the owner(s), the Community Development Director may waive the time limit and permit a new application to be filed.
10. Effect of Designation. Upon designation, the provisions of this chapter shall apply to the designated property in the historic overlay district. Any removal or demolition, exterior construction, addition, alteration, or modification, including modifications to landscapes, is subject to the provisions of this chapter.
11. Amendment or Rescission of a Historic Overlay District. Once a designation is made, it shall not be repealed by the City Council unless it is determined at any time that:
a. The historic overlay district no longer meets the criteria for designation due to damage caused by natural disaster (e.g., flood, earthquake, etc.) or reasons otherwise outside of the control of the owner.
b. Changes of use, differences of opinion of subsequent City Councils, desires of property owners, or financial considerations are not sufficient reasons to repeal a designation.
c. If the historic overlay district is repealed, the City’s records shall be updated accordingly.
H. Certificate of Appropriateness Required. No person, owner, or other entity shall restore, rehabilitate, alter, develop, construct, demolish, remove, or change the exterior appearance to a property within a designated historic overlay district without first having undergone review for a certificate of appropriateness as provided in SMC 10.46.060 (Property and review requirements). [Ord. 1261 § 23, 2018; Ord. 1167 § 2, 2003.]
10.28.050 Marinship (-M).
A. Purpose and Intent. In addition to the general purposes of this chapter, the specific purposes of the marinship (-M) overlay district are as follows:
1. To identify the area which is the subject of the marinship specific plan;
2. To preserve and enhance the maritime history and character of the marinship area;
3. To preserve and enhance the industrial character and use of the marinship area;
4. To preserve the marinship area’s primary orientation to the use and service of Sausalito residents, rather than tourists;
5. To discourage the development of non-industrial commercial businesses that would displace industrial and marine businesses, or that would disproportionately contribute to traffic generation;
6. To encourage public access and use of the water and waterfront; and
7. To maximize the amount of open water and open shoreline area.
B. Zoning Map Indicator. The -M marinship overlay district may be combined with any zoning district included within the marinship specific plan area. The -M overlay district shall be shown on the zoning map by adding an “-M” designator to the base district designation.
C. Applicability. All lands within the boundaries of the marinship specific plan shall be subject to the regulations of the marinship overlay district.
D. Land Uses. The land use regulations applicable in an -M district shall be as prescribed for the base district with which it is combined unless modified by the following, or by another overlay district. The following land use regulations also apply to the -M overlay district:
1. Commercial Uses. Commercial uses permitted in the marinship overlay district shall be limited to offices which are accessory to other permitted uses, commercial service uses which support other permitted uses and size-restricted restaurants. Offices, retail uses and restaurants with more seats than permitted, which existed prior to April 5, 1988, may remain.
2. Ancillary Offices. The only new office use permitted in the marinship will be limited to accessory office use (the small amount of office activity needed to administer the operations of an approved use.) No new commercial office use will be permitted in the marinship. Existing office buildings and uses may remain as permitted uses.
3. Arts and Applied Arts. Art uses (see Definitions, SMC 10.88.040) are strongly encouraged within the marinship overlay district. Applied art uses may be permitted as long as they do not exceed 50 percent of all art uses on a property in the district. If an applied arts use occupies a space previously occupied by an office use, there shall be no requirement for an equal amount of other arts use on the property.
4. Office Uses. Any office use established on or before April 5, 1988, within a given tenant space may continue to occupy that space.
5. New Harbors or Marinas. No new recreational marinas or harbors may be constructed or developed in the zoning districts subject to the -M overlay designation. New marine service harbors may be constructed or developed in accordance with the provisions of this section.
6. Existing Harbors and Marinas. Existing recreational marinas and harbors may be remodeled and realigned with the issuance of a design review permit, consistent with the provisions of Chapter 10.54 SMC (Design Review Procedures). Enlargement of existing recreational marinas and harbors may take place with the issuance of a conditional use permit consistent with Chapter 10.60 SMC (Conditional Use Permits). Enlargement shall not exceed 10 percent of existing berths at the time of application of the conditional use permit.
7. Ferry Terminal. No ferry or similar marine transportation shall be located in the marinship overlay district.
E. Development Standards. All lands within the boundaries of the -M overlay district are subject to the development standards established by this section and shown in Table 10.28-1 (Site Development Standards – Marinship (-M) Overlay Zoning District). Any additional requirements applicable in the base district (IM, W, P, OA, SC, or H) or another applicable overlay district shall also apply. Additional standards may be established by the marinship specific plan and shall apply. Where development regulations conflict, the more restrictive shall apply. In addition, the following standards shall apply:
1. Applicability. Development standards shall apply to any new construction, redevelopment or exterior building remodeling involving at least 25 percent of the existing floor area or 25 percent of the market value of the parcel improvements.
2. Public Access. All shoreline parcels shall provide for temporary tie-up of small boats, as required by the City. The number of such spaces shall be a minimum of one per parcel or two percent of the total number of berths in the harbor, whichever is greater, unless otherwise approved by the City.
3. Dry Boat Berths. The number of dry boat berths shall not exceed 100 berths per acre.
4. Industrial Equivalent FAR. Allowable floor area is further limited in the W (waterfront) and IM (industrial marinship) districts for parcels with commercial development in excess of the allowable floor area ratio (FAR) for commercial use as of the adoption date of the marinship specific plan (April 5, 1988). The limitation shall be based on an industrial-equivalent FAR, which shall be calculated as follows:
a. Multiply the amount of the commercial development that is in excess of the allowable FAR for commercial uses by the appropriate factor below:
i. Office: 3.14;
ii. Retail: 1.91;
iii. Restaurant: 3.12.
b. Add the resulting number to the existing FAR for the parcel to get the industrial-equivalent FAR. The industrial-equivalent FAR shall not exceed the total FAR allowed for the zone. If the existing industrial-equivalent FAR exceeds the total FAR allowed for the zone, no new development is permitted. Existing uses may not be converted to more intensive uses if they cause the industrial-equivalent FAR to exceed the total FAR allowed for the zone. Here are two examples:
Example A: An existing office building in the industrial district contains 0.30 FAR. This would typically allow an additional 0.10 FAR to be constructed for permitted uses. As only 0.15 FAR is permitted for commercial uses, the remaining 0.15 FAR is multiplied by 3.14 office factor. The resultant 0.47 FAR is added to the allowable 0.15 FAR to get an industrial-equivalent FAR of 0.62 which exceeds the permitted 0.40 FAR. No further development is permitted.
Example B: An existing building in the industrial district contains 0.22 FAR for retail uses. This would typically allow an additional 0.18 FAR to be constructed for permitted uses. As only a 0.15 FAR is permitted for commercial uses, the remaining 0.07 FAR is multiplied by the 1.91 retail factor. The resultant 0.134 FAR is added to the 0.15 FAR to get an industrial-equivalent FAR of 0.284 which is less than the maximum 0.40 FAR. An additional 0.116 FAR may be constructed for permitted uses.
5. Building Height and Bulk. Building height should be compatible with surrounding developments, consistent with the marinship specific plan. Building masses shall be modulated in plan, elevation and profile to avoid monotonous form and character.
|
Development Requirement |
–M |
See SMC |
|---|---|---|
|
Minimum lot width |
30 feet |
|
|
Average lot width (minimum) |
50 feet |
|
|
Minimum Building Setbacks1 |
SMC 10.40.080 (Exceptions to required setbacks) and 10.40.070 (Setbacks and yards) and Chapter 10.44 SMC (Specific Use Requirements) |
|
|
Front |
0 feet |
|
|
Public open space |
30 feet |
|
|
Public streets |
0 feet2 |
|
|
Property lines |
0 feet3 |
|
|
Shorelines |
Determined by Community Development Director |
|
|
View corridors |
||
|
Parking Setbacks |
|
|
|
Public street, rights-of-way and/or pedestrian or bike pathways |
5 feet |
|
|
Property lines |
0 feet |
|
|
Shorelines |
50 feet4 |
|
|
View corridors |
Subject to Community Development Director review |
|
|
Public open space |
10 feet |
|
|
Buildings |
0 feet |
|
|
Minimum landscaped area |
10% of floor area |
|
|
Maximum building height |
32 feet above natural average grade5 |
SMC 10.40.060 (Height requirements) |
1 Setback required only when adjacent to residential, public or public open space zoning district. See noted section for additional setback requirements between structures on the same site and in other situations. Different setbacks may also apply if district is combined with other zoning districts.
2 The marinship specific plan “prefers” buildings be located at the street (public or private) right-of-way line.
3 Except adjacent to H district (20 feet) or P district (30 feet).
4 Unless otherwise approved by Community Development Director.
5 Along shoreline, lower height is encouraged. Taller buildings may be allowed for heavy marine industrial uses or remodeled existing historic structures with a conditional use permit. See marinship specific plan.
F. Exceptions. Minor exceptions to the development standards or definitions of use established by the marinship specific plan that do not alter the general development programs of the plan may be approved by the City Council upon recommendation by the Planning Commission. Exceptions are subject to the following:
1. Submittal Requirements. Application for an exception shall be filed with the Community Development Department by the applicant. The applicant shall submit all required data as listed below:
a. Documentation describing how the requested exception will conform to the marinship specific plan goals, the development programs for the marinship as a whole and for all parcels to be affected by the proposed exception, and the development standards.
b. An accurate legal description and a map of the land and any existing buildings.
c. Documentation describing the changed circumstances which warrant or require the exception.
d. Change in the number of residents, employees, patrons, or visitors in the area resulting from the exception.
e. Probable amount and type of traffic to be generated by the exception and the impact on the intersections with Bridgeway which serve the marinship.
f. Documentation describing how the proposed exception complies with the 1985 Traffic Initiative.
2. Exception Findings. In order to approve an exception to the marinship specific plan standards or definitions of use, the following findings must be made:
a. The exception requested addresses an implementation measure of the marinship specific plan and not a policy essential to achieving the goals of the plan.
b. The exception is needed to accommodate changed economic or operational circumstances affecting preferred uses described in the plan which were not or could not have been foreseen when the plan was adopted.
c. The exception furthers the intent of one or more goals of the marinship specific plan and the project is in substantial compliance with both specific and general regulations of the marinship specific plan and the underlying zoning designation.
d. The exception will not result in a significant negative impact on the traffic conditions in the marinship or on Bridgeway.
e. The exception will serve the needs of residents of Sausalito and employees in the marinship. [Ord. 1167 § 2, 2003.]
10.28.060 Planned development (-Pd).
A. Purpose and Intent. In addition to the general purposes of this chapter, the specific purpose of the planned development (-Pd) overlay district is to allow development areas with flexible requirements. Planned developments approved prior to the adoption date of this title are in the form of conditional use permits. Any additional development on such sites shall require a planned development permit. Projects proposed for other sites that require varying residential density, commercial intensity or other flexible requirements shall require a re-zoning to planned development overlay, shall be subject to a planned development permit, and shall conform to the requirements and standards of this section.
B. Applicability. The Planned Development overlay district shall be designated on the Sausalito Zoning Map by the letters “-Pd” followed by a number. The number shall indicate the existing conditional use permit that allows the development and the maximum number of dwelling units per acre allowed on the specific site.
C. Application. An application for a Pd permit may be filed with the Planning Commission as provided in Chapter 10.50 SMC (Land Use Permit Procedures). In addition to the data required by SMC 10.50.030 (Application procedure), the application shall be accompanied by the following data prepared by a design team consisting of an architect, landscape architect and civil engineer. The Community Development Director may waive the requirement for any specific member of the design team or for filing any of these listed data when not applicable to the specific project.
1. A site plan showing general locations of all streets, on-street and off-street parking, bicycle paths, riding trails, hiking trails, buildings, and other manmade structures; typical elevations or perspective drawings showing the relationship after development of the proposed buildings and the topographic features of the site; and a table listing land coverage by percentage and acreage for the following: Open space (intensely landscaped and natural), all streams, ponds and areas existing in riparian vegetation, coverage by housing unit or commercial structure roof, parking (covered, open, off-street), streets, sidewalks, paths, recreational facilities;
2. A topographic map showing existing contours and proposed lot lines which may be integrated with the site plan described above;
3. Any tree(s), including size and species as defined in Chapter 11.12 SMC (Preservation of Trees and Views), whether or not such tree(s) is/are to be removed or destroyed, on the site plan or on a separate plan;
4. Sufficient dimensions to show right-of-way widths, pavement widths, radii of curvature of centerlines, street grades, whether streets are to be public or private, and all proposed frontage improvements on new and existing streets;
5. A detailed landscaping plan showing the natural open space which will remain upon completion of development, all existing trees (and indicating which trees are scheduled for removal), and the precise boundaries of additional landscaping; the landscape plan shall include container size of all trees and shrubs, species of all plant material, irrigation system plan, street lighting, low-level path lighting, street furniture and fencing materials, dimensions and locations;
6. If the application includes residential uses, a statement in writing stipulating to the total number of bedrooms to be constructed; and
7. If the Pd permit application is for phased residential development of five or more acres, the applicant may initially submit general information relating to subsections (C)(1) and (C)(5) of this section for review by the Planning Commission. Precise and detailed plans setting forth the information required by these items shall subsequently be submitted to the Planning Commission for its review and approval prior to the approval of a tentative subdivision map, building permit, or other construction authorized by the Pd permit.
D. Notice and Public Hearing by Planning Commission. Upon determining that an application is complete, the Community Development Director shall submit the application to the Planning Commission. A public hearing on the application shall be noticed and held, as provided by Chapter 10.82 SMC (Public Notice and Hearings).
E. Findings. The Planning Commission may recommend approval of a planned development (-Pd) permit, and the City Council may approve a Pd permit, if the following findings can be made:
1. The approval of the plan is in the best interests of the public health, safety and general welfare;
2. The proposed plan is consistent with the general plan and any applicable specific plan;
3. The plan conforms to the purpose of the planned development district;
4. The uses permitted and the conditions of approval are compatible with the site and its surrounding properties and uses;
5. The use complies with all other requirements of this title and the Sausalito Municipal Code and the project is in substantial compliance with both specific and general regulations within the underlying district;
6. Specific site conditions or criteria, including location and physical characteristics, provide for a flexible approach to development standards, residential density or development intensity; and
7. Conditions applied to the project offset any impacts caused by alternative development standards.
F. Recommendation by Planning Commission. Following the public hearing, the Planning Commission may recommend to the City Council that the application be approved, conditionally approved or denied. The Community Development Director shall transmit the recommendation to the City Clerk.
G. Notice and Public Hearing by City Council. Upon receipt of a recommendation from the Planning Commission concerning a Pd permit application, the City Council shall schedule a public hearing on the application before the City Council as provided in Chapter 10.82 SMC (Public Notice and Hearings). A public hearing shall be noticed and conducted in conformance with Chapter 10.82 SMC (Public Notice and Hearings).
H. Decision. Following the public hearing, the City Council may approve, conditionally approve or deny the application. The decision shall be based on findings as provided by subsection E of this section (Findings). Any decision to approve a planned development permit shall be in the form of a resolution and shall be adopted with an ordinance rezoning the site. The City Council may approve the application subject to conditions which it believes, in its sole discretion, will make the proposed use consistent with the general plan, any applicable specific plan, or the -Pd zoning district, or which will make the proposed use compatible with other uses in the vicinity, or which will otherwise promote the public health, safety and welfare. The Council may also refer the matter back to the Planning Commission for further report and recommendation.
I. Permit Amendments. A Pd permit may be amended only by following the same procedures required for the issuance of a Pd permit. Minor deviations from the terms of a Pd permit shall be permitted and shall not be deemed amendments if the number of dwelling units is not being increased. Both the City Engineer and the Community Development Director shall determine in writing that the proposed development substantially complies with the Pd permit.
J. Overlay District Requirements. The requirements and standards that apply to land uses and new development within the -Pd overlay district shall be as provided by the approved planned development permit and as provided by Chapters 10.20 through 10.26 SMC (base zoning regulations) for the applicable base zoning district. Where the provisions of the planned development permit conflict with the requirements of the base zoning district, the provisions of the approved planned development permit shall control. [Ord. 1167 § 2, 2003.]
10.28.070 Senior housing (-Sh).
A. Purpose and Intent. In addition to the general purposes of this chapter, the purpose of this section establishing the senior housing (-Sh) overlay district is to promote and encourage housing for senior citizens and handicapped persons.
B. Applicability. The senior housing overlay district may be applied to those areas which are designated as high density residential and zoned R-3 or are located in close proximity to shopping, public transportation, medical services, and public transportation.
C. Overlay District Requirements. The requirements and standards that apply to land uses and new development within the -Sh overlay district shall be as provided by Chapter 10.22 SMC (Residential Zoning Districts) and by the senior housing standards as provided in SMC 10.44.120 (Senior housing projects). [Ord. 1167 § 2, 2003.]
10.28.080 Emergency shelters (-Es).
A. Purpose and Intent. In addition to the general purposes of this chapter, the purpose of this section establishing the emergency shelter (-Es) overlay district is to allow the provision of shelter for homeless persons or others in need of a temporary (six months or less) shelter, while ensuring the shelter is operated in a manner that is compatible with surrounding areas. The purpose of this chapter is also to comply with Government Code Section 65583 relating to emergency shelters.
B. Zoning Map Indicator and Applicability. The emergency shelter overlay district may be applied to those areas which are designated as public institutional (PI) and shown on the zoning map. The -Es overlay district shall be shown on the zoning map by adding an “-Es” designator to the base district designation.
C. Land Uses. Emergency shelters shall be a permitted use on parcels within the emergency shelter overlay district.
D. Development Standards. The following development standards shall apply to emergency shelters:
1. Property Development Standards. The shelter shall conform to all property development standards of the zoning district in which it is located except as modified by these performance standards.
2. Shelter Capacity. An emergency shelter for homeless persons shall contain no more than 23 beds and shall serve no more than 23 persons nightly. The physical size of the shelter shall not be larger than necessary for the number of persons the shelter serves.
3. Parking. On-site parking for residents shall be based on one space for every four beds, and staff parking shall be based on one space for each on-site staff, employees and/or independent contractors on the maximum staffed shift.
4. Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary and designed, arranged and installed so as to confine direct rays onto the premises and to direct light away from adjacent structures and public rights-of-way. External lighting shall be of an intensity compatible with the neighborhood.
5. On-site Waiting and Intake Areas. An interior waiting and intake area shall be provided which contains a minimum of 200 square feet. Waiting and intake areas may be used for other purposes (excluding sleeping) as needed during operations of the shelter.
E. Common Facilities. The development may provide one or more of the following specific common facilities for exclusive use of the residents and staff; provided, that such facilities do not substantially increase the overall size of the shelter facility:
1. Central cooking and dining room.
2. Recreation room.
3. Laundry facilities to serve the number of occupants at the shelter.
4. Other uses that are considered ancillary to the primary use such as office and storage, not to exceed 10 percent of the total floor area of the shelter facility, exclusive of subsections (E)(1), (2), and (3) of this section.
F. On-site Staff. At least one manager shall be on-site during all hours of operation of the facility. Such manager must be an individual who does not utilize the shelter’s beds or other services and who resides off-site. The manager must be accompanied by one supporting staff member for every 15 beds occupied in the facility.
G. Security. Security personnel shall be provided during operational hours whenever clients are on the site. A security plan shall be submitted to the City prior to issuance of a certificate of occupancy.
H. Concentration of Uses. No more than one emergency shelter shall be permitted within a radius of 300 feet of another emergency shelter.
I. Emergency Shelter Operations. The agency or organization operating the emergency shelter shall comply with the following requirements:
1. Hours of Operation. Clients shall only be on site and admitted to the facility between 5:00 p.m. and 8:00 a.m.
2. Length of Stay. Each emergency shelter resident shall stay for no more than 90 days (cumulative) in a 365-day period. Extensions up to a total stay of 180 days in a 365-day period may be granted by the shelter provider if no alternative housing is available. Conditions upon which an extension may be granted include, but are not limited to: the emergency shelter resident having a medical emergency, the emergency shelter resident having secured a job, the emergency shelter resident negotiating a lease for permanent housing, and the emergency shelter resident having been accepted into a residential treatment program for which a program date has not arrived.
3. Management Plan. Prior to commencing operation, the shelter operator shall provide a written management plan to the Director. The management plan shall address (to the extent applicable): hours of operation, admission hours and process, staff training, neighborhood outreach and privacy, security, resident counseling and treatment, maintenance plans, residency and guest rules and procedures, and staffing needs. [Ord. 1237 § 1, 2016; Ord. 1235 § 1, 2016; Ord. 1223 § 5, 2014.]