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Ordinance Number 910ORDINANCE NO. 910 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A NEGATIVE DECLARATION, AMENDING TITLE 9, LAND USE CODE ESTABLISHING THE "MRD -4,000" ZONE DISTRICT, AND APPROVING A ZONING MAP AMENDMENT REZONING THE MISSION HILL -MISSION FLATS PLANNING AREA, A 27.4 ACRE AREA BORDERED BY LA ZANJA STREET TO THE NORTH, 1-5 TO THE EAST, ACJACHEMA TO THE SOUTH AND EL CAMINO REAL TO THE WEST, TO THE "MRD -4,000" ZONE DISTRICT (MISSION HILL -MISSION FLATS)(REZONE 03-05) THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. WHEREAS, on April 1, 2003, residents of an area within the City of San Juan Capistrano, commonly referred to as the "Mission Hill/Mission Flats" area, petitioned the City Council for the enactment of an urgency interim ordinance to prevent further construction of higher density uses such as duplexes and multiple family structures due to concerns over traffic, parking, intensity of development as it relates to the scale of buildings to the surrounding neighborhood, and the design and architectural compatibility with the area; and, WHEREAS, on April 15, 2003, the City Council adopted an Interim Urgency Ordinance and directed staff to prepare a zoning study to further study plan use issues within these neighborhoods, and subsequently extended the ordinance which will expire on April 6, 2005; and, WHEREAS, on March 15, 2005, the City Council adopted a new Interim Urgency Ordinance based on the need to evaluate historic preservation issues related to the Mission Hill -Mission Flats neighborhoods and on April 19, 2005, extended that Interim Urgency Ordinance for a period of 10 months and 15 days as provided by California Government Code; and, WHEREAS, pursuant to Government Code Section 65858, the City has completed a zoning study evaluating land use issues and has prepared a draft Zoning Ordinance establishing the conducted an assessment of the historical significance of structures within the Mission Hill -Mission Flats neighborhoods and found that 39 of the 119 structures qualify for listing on the City's Inventory of Historic & Cultural Landmarks (INCL); and, WHEREAS, the proposed project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code; and, 1151 '14111.1 WHEREAS, the Fnvironmenta Admimotrator has reviewed the initiai stud prepared pursuant to Section 45063 of the CEQA Guidelines, has issued a negative declaration pursuant to Section 15070 of the CEQA Guidelines; has ;aused a Notice of Negative Declaration to be posted pursuant to Section 15072 of the CEQA Guidelines, and has otherwise complied with ad applicable; provisions of the California Environmental Quality Act (CEQA); and all mitigatior meas_:as ha to peen included herein as conditions of approval; and, WHEREAS, the Planning Commisswn ias considered the Environmental Administrator's determination pursuant to Section 15074 of the California Environmental Quality Act (CEQA), has considered all project environmental documentation and technical studies; and, WHEREAS, the Cultural Heritage Commission conducted a duly -noticed public meeting on August 23, 2005 pursuant to Section 9-2.339 of the Municipal Code to consider public testimony on the proposed project, considered all relevant public comments, and recommended City Coin ici approva. of the proposed project; and, WHEREAS, the Planning Commission conducted duly -noticed public hearings on September 27 and October 14, 2005 , irsuant to Section 9-2.335 of the Municipal Code, City Council Policy °, ana Planning Department Policy 510 to consider public testimony on the proposed project, ccnsiderad -I' relevant public comments, and recommended City Council approval of ;he project and the draft ordinance has been revised to incorporate revisions recommendea cry the Commission. SECTION 2. Firjinge. 1. The proposed Rezone is consistent with the General Plan because it meets the goals set forth in Land Use Goal 2, To control and direct future growth within the City to preserve the rural village -like characrer of the comrnt.nity; Land Use Policy 2.2, to Assure that new development is consistent and compatible with the existing character of the City; Land Use Goal 7, to Enhance and maintain the characterofneighborhoods; Policy 7. 1, to Preserve and enhance the quality of San Juan Capistrano neighborhoods by avoiding or abating the intrusion of non -conforming buildings and uses; Policy 7.4, to Protect the existing population and social character of older areas subject to rehabilitation and redevelopment; and Community Design Goal 2, to Preserve the historic character of the community; Policy 2.1 To Encourage development which complements the City's traditional, historic character through site design, architecture, and landscaping in that the Rezone establishes development standards and uses for the MissionHill/Mission Flat District which will be compatible with and complementary to the existing historic development pattern established in the area, and will allow new development only if it the standards established by this Ordinance. 2. The proposed Rezone will not have an adverse effect on the affected properties or the community in general, because it will maintain existing uses and development patterns 11-15-2005 and allow pending development projects tp proceed in accordance with the standards adopted herein. ! 1 3. The site of the proposed Rezone is suitable for any of the land uses permitted within the proposed district, because the prevailing lot pattern for residential uses in the area ranges from 4,000 square feet to 7,000 square feet; streets, water, sewer, flood control and other infrastructure are existing in the area and `are adequate to serve single-family residential development; and the existing pattern of uses is predominantly single family or second dwelling units on individui l lots. 4. The City Council finds that, based on the Initial Study, the public hearing, and substantial evidence in the record, the Rezone will have a non-significant effect on the environment. The Negative Declaration prepared in connection with the Rezone has been reviewed and considered and reflects the independent judgment of the City Council. SECTION 3. Amendment. Title 9, Land Use Code of the City of San Juan Capistrano is hereby amended as provided by Exhibit ,A," attached hereto and incorporated herein; and, The Official Zoning Map of the City of San Juan Capistrano is hereby amended as provided by Exhibit "B," attached hereto and incorporated herein. passage. SECTION 4. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its SECTION 5. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED AND ADOPTED this 15`x' day of November, 2005. 11-15-2005 WYA HART, M Y R ATTEST: n R. MONAHAN, PROJECTS\Rz0408EquestrianZon i ng\rz0408-CC-ordinanoe.doc STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 910 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 1st day of November 2005 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 15th day of November 2005 by the following vote, to wit: AYES: COUNCIL MEMBERS: Bathgate, Soto, Swerdlin, and Mayor Hart NOES COUNCIL MEMBERS: None R. MONAHAN, City Clerk 4 11-15-2005 Exhibit "A" Mission Hill -Mission Flats District The following revisions to Section 9-3.301, Residential Districts of the Title 9, Land Use Code of the City of San Juan Capistrano Municipal Code are shown in "underline -strikeout" format, with new or added text shown as underlined, and deleted text shown with strike- outs. Add Section 9-2.303(a)(16), Administrative approvals to read as follows: (16) Minor alterations to structures listed on the Inventory of Historic & Cultural Landmarks (IHCL) consisting of replacement or modification of doors & windows, the addition of 13t floor porches and decks, the replacement of roofing material or building siding, and similar alterations which maintain the overall integrity of the historic structure through the use of similar style, materials, and color. Revise Section 9-2.327(b), Historical and cultural landmark site plan review to read as follows: (b) General requirements and procedures. (1) It shall be unlawful for any person to demolish, remove, relocate or otherwise alter any structure or site, including trees and other vegetation, listed individually oras part of a district on the Inventory of Historical and Cultural Landmarks (INCL), as adopted by City Council resolution, without obtaining prior City approval for such action as follows: Historic & Cultural Landmarks (IHCL) which qualify for administrative approval subject to Section 9-2.303(a)(16) shall be subject to review and approval by the Planning Director or designee for compliance with the Secretary of the Interior's Guidelines. (B) Proposed alterations which do not qualify for administrative approval shall be required to secure Cultural Heritage Commission approval of a Site Plan Review application as provided herein. (2) Appl+Gatfeas fers-Site plan review applications for properties on the IHCL shall be filed with the Department of Planning Services. The Planning Director shall prescribe the form of application and the supporting information required to initiate the site plan application review. Once an application is received by the Department of Planning Services, the application will be reviewed for completeness. If the Department of Planning Services finds the application to be complete, then the application shall be processed in accordance to the procedure depicted in Figure 2-12. If the application is found to be incomplete, the Department of Planning Services will notify the applicant in writing within thirty (30) days what additional information is required, and the application will not be processed until that information is received by the Department of Planning Services. (3) Proposed alterations to historic structures and sites shall only be approved if they are found to be consistent with the Secretary of the Interior's Guidelines Standards. Decisions of the Cultural Heritage Exhibit "A" Mission Hill -Mission Flats District Commission (CHC) on site plan review applications may be appealed to the City Council in accordance with Section 9-2.31'1, Appeals. Decisions of staff on minor alterations to IHCL-listed structures may be appealed to the Cultural Heritage Commission in accordance with Section 9-2.?11, Appeals. Add Section 9-3.301(a)(13) to read as follows: Section 9-3.301(a)(13) Mission Residential District (MRD) -4,000 Zone District The purpose and intent of the Mission Residential District (MRD) -4,000 Zone District is to provide for residential density and development standards to ensure that new development maintains and enhances the distinctive historic neighborhood character of the Mission Hill/Mission Flat residential neighborhood consisting of about 27 acres generally bordered by La Zanja Street to the north, Acjachema Street to the south, EI Camino Real to the west, and Interstate 5 to the east. The designation allows predominantly single- family residential development on lots generally ranging from 4,000 to 7,500 square feet consistent with the distinctive neighborhood character established in the District. Amend Section 9-3.301(b)(1) to read as follows: Table 3-1 identifies the uses permitted in the Residential/Agriculture (RA), Hillside Residential (HR), Single -Family -40,000 (RSE-40,000) Single -Family -20,000 (RSE-20,000), Single -Family -10,000 (RS -10,000), Single -Family -7,000 (RS -7,000), Single -Family -4,000 (RS -4,000), Residential Garden -7,000 (RG -7,000), Residential Garden -4,000 (RG -4,000), Mission Residential District -4,000 (MRD -4000), Multiple -Family (RM), Affordable Family/Senior Housing (AF/SH) and Mobilehome Park (MHP) Districts. Amend Section 9-3.301(b)(4), Table 3-1, Uses in Residential Districts to add the "MDR -4,000" provisions to read is follows: Table 3-1, Uses in Residential Districts lease refer to end of table for notes 0 0 o Notes and Exceptions Use 0 C 0 0 O 0 O 0" O o0 O CT r r -IF of twn N Cn U' C7 t2 = Accessory uses A A A A A A A A %" A A A A and structures ' incidental to the operation of a permitted use K Exhibit "A" Mission Hill -Mission Flats District Table 3-1, Uses In Residential Districts lease refer to end of table for notes Use 0 0 00 0 0 0 0 oNotes and Exceptions 0 0 N 0 O 0 O O h 0 O v o O Q 0 w u) rh U) (7 c U' U-= Alcoholism P P P P P P P P P. P P P P recovery residential facilities (for 6 or fewer persons) Animal grazing, - P - - - - - - - - - - These uses are considered breeding, boarding, interim uses until residential and training development plans are approved. Animal raising A C C C C C - - - - a. For RA District- Must be in (noncommercial) conjunction with the residential use of a lot and limited to small „ domesticated species, such as sheep and smaller animals. Excludes commercial livestock breeding and raising. b. For HR, RSE-40,000, RSE- 20,000, RS -10,000, RS -7,000, and RS -4,000 Districts - Must be in conjunction with the residential use of a lot, wherein the lot size - is greater than 15,000 square feet. Permitted species shall include rabbits, chickens, and - animals of similar size. Animal slaughtering or commercial animal raising or breeding shall be prohibited. Apiaries C - - - - - - - - Bed and breakfasts C C C C C CIC C ' C I C I C C Subject to Section 9-3.509 Bed and Breakfasts. Boarding and - - - - - - - - - P P - rooming houses Cemeteries C C C C C C C C G C C C C Child day care C C C C C C C C:r . C C C - centers Crop and tree P P - - - - - - - - - - For HR - These uses are farming considered interim uses until residential development plans are approved. 3 Exhibit "A" Mission Hill -Mission Flats District Table 3.1, Uses In Residential Districts lease refer to end of table for notes 0 0 0 Notes and Exceptions Use 0 0 0 0 0 0 O 0 O 0 O y Lu N Luof O n 2 W of W K 2 of of m W '::'D: C7 ir LL Q = Equestrian facilities C C C C C C C C AID :: C - - - a. Must be in conjunction with a (communal) _ .m subdivision. b. Subject to Section 9-3.515 Equestrian Standards. FamllyLvarehonies P,, h+. P P P ':P P P (for 1. fewer' children) Home businesses A A A A A A A A ^'1 A A AIA Subject to Section 9-3.523 Home Business. Horse keeping A A A A - - - - - - - Subject to Section 9-3.515 (noncommercial) Equestrian Standards. Horse stables and C - - - - - - - - - - - - Subject to Section 9-3.515 equestrian centers Equestrian Standards. (commercial) Kennels C - - - - - - - - - - Subject to Section 9-3.525 (commercial) Kennels. Kennels A C C C - - - - - Subject to Section 9-3.525 (noncommercial) Kennels. 11118 lfaptured a P P P P P P' P P -"=''P P P P' Manufactured or modular ddb )8r¢4mes structures shall not be permitted on a p9 Want on in tie"MDR-4,000 District. foundatlbti Where permitted, both types of m structures shall be subject to the design guidelines df` subsection (o); be4elopment Standards of this sectidn. Mining, oil drilling, C C C C C C C C C C C C Includes necessary incidental and other resource and and appurtenances. extraction Mobilehome parks - - - Parks P P P P I P I P P P► P P P P (public and private) 2 Exhibit "A" Mission Hill -Mission Flats District Table 3-1, Uses In Residential Districts lease refer to end of table for notes Notes and Exceptions Use O N of Lu ul Lun co rn cb 0 qq th C7 LL = Plant nurseries and P P - - - - - - - - - a. Includes greenhouses, storage hydroponic gardens, and similar facilities, for the purpose of growing only. b. The retail sales of products shall not be permitted. c. For HR - These uses are considered interim uses until residential development plans are approved. Public buildings P P P P P P P P �: , P P P P a. Includes public schools, and facilities museums, libraries, governmental buildings, parks, fire stations, public utility offices and exchanges, bus, and railroad stations. b. Excludes police stations and hospitals. Recreation and A A A A A A A A =.;A. A A A A a. Tennis courts and other community centers outdoor recreational uses within (noncommercial - such centers shall conform to the public and private) requirements of Sections 9- 3.501 Accessory Uses and Structures and 9-3.529 Lighting Standards. b. The outdoor night lighting of tennis courts and other recreational uses shall not be permitted unless a conditional use permit is approved by the city. Recycling facilities - - - - - - - - - P Subject to Section 9-3.537 Recycling Facilities. Section 9- 3.537 Recycling Facilities identifies the specific allowed recvclina uses. Religious, fraternal, C C C C C C C C C C C C C Includes churches, temples, or non-profit synagogues, monasteries, organizations (non- religious retreats, and other profit) places of religious worship and other fraternal and community service or anizations. 5 Exhibit "A" Mission Hill -Mission Flats District Table 3-1 Uses in Residential Districts lease refer to end of table for .notes 0 0 0 Notes and Exceptions Use O N C0 O O 0 O r 0'"`> OLLJ ,_ o O of W Lu 0 fh fI7 C7 'T W o W 2 K 0: lr K K rr 2 Of Of Q Residential care P P P P P P P P P P - - - facilities (6 or fewer persons) I§esidentlaiaar¢ C C C C, ''C' C C C- - ilities (ova - ns) Residential P P P P P P P P P P P P - dwellings (detached SFD) Reside" O l - - - - P P R'_ -P - dwellinge„ Residential R _ R P P'. _ Must be located ori a'uallgle lot or dwelling unite' 7' Wlth.each dwelling oasts°own lot. (duple& two- =. famlti� < Residential - _ _ _ - _ _ ------ , P P - dwelling units (multiple -family - apartments and cooperatives) _ _ P - P P.w•P - ,Residential Awelling 4(4a- (m�tlple-farriTll(�, to. ouses, cords) Resideritlal A A A ;•A- A A - A -" 'sem` - - a. AlIbQ during the dwelling permanent (temporary) single-family residence on an single-family individual lot in accordance with the,provisions of Section 9-3.553 TernDor4rv.Uses and Structures. Secondary dwelling P P P P P P P P P P- - - a. Subject to Section 9-3.501 unit (single-family) Accessory Uses and Structures. b. In the MRD -0,000 District, second dwelling units shall be permitted on lots of 6,000 square feet or greater in area. Swimming schools, - - - - - - - - - - C C - a. Must be deemed by the tennis clubs and Planning Commission to be schools, and compatible with the existing or similar activities proposed residential uses. 0 Exhibit "A" Mission Hill -Mission Flats District Table 3-1, Uses in Residential Districts lease refer to end of table for notes Use 0 o jjQ{ Notes and Exceptions O N17 p .... Lu LU —I': h `< S rr o o rr a rr ¢ Tennls/sports A A X A C C - � C - - - -;. s...The requlfbments of SectionscdLrw-swiitlmino' 9-3.501 Accessory Uses and pools, and similar structuresland`9-3.529 Lighting Improvements on Standards. Individual residential lots b. The outdoor night Ilghting of such temple Courts or other recreational uses shaVriot be permitted uniess-a conditional use permit is approved(by'the city. Other uses may be allowed in the RM District with a conditional use permit if they are deemed by the Planning Commission to be compatible with the existing or proposed residential use. P = Principal use permitted by right - = Not permitted A = Accessory use permitted by right (subject to Section 9-3.501 Accessory Uses and Structures) C = Conditional use permit required subject to Section 9-2.317 Conditional Use Permit Note: "Shaded" rows in the table above indicate where revisions are proposed to the land use pprovisions for the proposed MRD -4,000 Zone District as compared to the existin RG -4 000 Zone District. Amend Section 9-3.301(c)(1) to read as follows: Table 3-2 identifies the development standards for the Residential/Agriculture (RA), Hillside Residential (HR), Single -Family -40,000 (RSE-40,000) Single -Family -20,000 (RSE-20,000), Single -Family -10,000 (RS -10,000), Single-Familyl-7,000 (RS -7,000), Single -Family -4,000 (RS -4,000), Residential Garden -7,000 (RG -7,000), Residential Garden -4,000 (RG -4,000), Mission Residential District -4,000 (MRD -4000), Multiple -Family (RM), Affordable Family/Senior Housing (AF/SH) and Mobilehome Park (MHP) Districts. Amend Table 3-2, Development Standards for Residential Districts, to add the MRD - 4,000 Zone District as follows: Y v H V W 0 occ V O1 N NN N N N N N N N N N y fD= M M M M M M M M cq M M M ca O E CCD K O O 0e o 0 0 o e e a s o 0 o N M==, �a L° N O N O co O co O m O m O m O m O m O w O co O- N p.0 N V N N N (p C (D — O N M N N M M M M tn Ci M O J Q o o q Ci $ o c 0 0 0 0 o c o 0 0 '3 0 U ui Z, N i 0 N N N N N N N N N N N Jca C VN C C N N >ca 0 N N 0 O N O O O N O 0 p OCD O N N y C 0 9 N < N a C d d � d x O (pm lL } O 10 N O M O M O N O N O N O N Cam O O O y H y H N yS N E E C m a CO L N O — N O r V N N 7 V LO O C L C O J> O O O O O O O 100 O 1O(i O 100 O Z Z U U `o N X myy y @ 7 O W L y O y 0 G.0 � K >i„ N N N N N <0 O N N •.�. 2 N (/7 100 1A — < � II �C N C U 9�n s x N N O E 4 O 0— VC N (n }n N 1A N 0 d N O N Lo O N N O O co c0 0 O N.' .7 N N C C ... mm N N M M N N N O CO N M M 0 O U LL O C U c0 Fn o c C x x r x x r x x x j5 -0 C o O O O O O O O O O O O O N O In O N N 100 } N II A E= V LL >, U L O CQ O O O O O O O O O,�' (0 (0 O) C C Q N O N 0 N 0 N N 0 N 0 O O N c — �. N J N C Co rn V C m e a > > o 3 > > > U L V N N N O a0 N m N 0 0 r co E N v y C O N 0 C O 0-0, 1 y m C N C O o o o o a E d E m N O O O O O LL N V 2 LU w h ch Y 2 Q 2 11 c0 c f.0 Ir IX w 0 Z r r0i x LU a7 m 0 @ 7 U N N- Q' y L c n N O O C WDi a) •C 9 O O N N an L `O 7 r Na) ca N 9> a) � N ca C y _ •p C y —16 w � d a7 a ao ��u �w E@ m 7coo O a) O a) > N 7 oL > d > nO E 0 o Cow 0Ea mac an N°- 0c cm T o 0 9 m s m mai a oL ca w C O O c 3 v L Y c N 3 N CO N� J C N 9 N "O .4 ,5 0. O Y a) ° U O N N `r l0 C O O co a NID 75 ca rn ca cl) SEma) c� E3 Uo y _ 00 ca y 7 T y a> L N (0 O N C E C " 5 N 0) y U N p N o O 7 'E O O 2.2 O-- O ° a) co L m-0 E w U a) c ca Y '� E y d a 0) N d _ 0 7 o vFu o Q Qc c y a7 0 ca 7 N L 'O n a) o c 0 m 0 aci E a) cc m m a) 0 o y a) y E.E co E Ya > o cca �w dE we occa w n 0 nNSp M a) da) i0L ° a v E a) � c O c a)= w L CT o `o C O O C 0 a) L O) O O O > a7 U � a) c U C N r` O = O a 0) 1-5-0 0) a) .0 L O 3 G m a 3 D ca CL M 0° p (a 0 0 c y C` d V N L-' N L E N a) a) 'D N c_ O 3 O N L.. O « ..... !n .0 L.. y a3 r «. N 0-0 00 N c ow00 cywX -N v> oma)N L V y V .= L N O - 01Cc N .L_. O O O" O 0) O <a i� N a) 3 LOd> p°o cuca)_ 0 of m .0 N E `O �p J N +.- m 9 0) y .L-. O 0= N O O N d n- U N C (a 0 °i O 7 0 a)0 a) cc U QL O 5 LL y N Da g. O N y On N r y 5 N N° 'O 'X N (a N- d N V 0 O �. N 6 O ica CL cd3 n�0� div >,- w0(D a) O .4) O) O 7 N �O 0) N C x ca Q () N M N CL`U O'O C C(D 0«L•.L.. O O` O X N ca U °r% N N a) j w N 0 O a) N E �= a N "M 0 .L-. C m° O N N M° d o �� €7 °ErnNE c7 �0 U C N C O O N 0 M U C _� y y N 0) L c to o) U> O C 0) V 5@ N c .7-. Cc, c N 0 £ I v 0— c 0 L c o o o c 2 5 CN dyQ v C, N =E(nfn°UL r o� �v No cc E -S` ac)Li��c N S 0 9 0 o d C w 7 N CO' N E O M 0 0 0 a)79oO c -C O0)Nca (LjUN `Oa> N E d C w o d o •- nL c ._ L o c 0 0 7 E Z L o N o 7 o y 'r - CL .0 j On N N U) 7 E n d c N O J U N n 0 c7 E O O N w a) r 2 C y� y C y N d a) N o�'�'E0m oo�o- 0cao==� ° m = d m N c �' 3 c o Q c o o a) d .L.. E co L C@. 'o C - ( C N N. N O °) N d= 0 c° 0 m E E c x m 5 a>i w ca v LY° ,�.a-o'-E a)L a3°m� 07 a) U y y O d O w 0 N C O C d' a) .0 C y L U C N N a)> V E U O d d c E7_o am) o a�iv 0 a) c Nw 3r y m M U 00 E �0 0).r C' O�O' N0) ONC Ty O)czo O O'.L.. O c 0) Cl 7 y (a a) 0� w C N M w N y O •OO 7 c O E 0)E () O) Y a) O d 5 L X>� U .r0 C1 C N yNEc'08Eooww`m'ooca>MC? n�'(t coyY�.��o m COC°°)�0�0` ooEFO oc'�i4)1 L�o2 °'o m j; 7 N• >« E m s====,.02` E E'- E a> 3 2Z 5,2N M.0 H H O y y 7 0 9 >> N �..a) ci N E EC) E a> o CL (0 m c o 0 F= F F E E v-� c 0 � 5 c mO - 5 w) 04 IMIv u>Ico Ir-- Im 10) ra 0 U a) w m L cc C a) N N N y m w E o) L r 3 0CD 3 y Y E U> rn 0) (D CL c M m m h o d a _ _ « N aL Co a > O d O NL N y 0)9 V 0 f0/1 C 'O > N O :a C O '- y d N a) dL ani M oomL m o 3 d E O L C O O LL — 7 () O) va) 050-0 cC c x w 70 C 7 a) N = O E r x m a) v_ °) E ° O a) +L E d 4) ca CLI , CO E E O N 4)w ca 'y E y7oE0'E N _ ._ EcaoN2cca a-SoEd0>0 v EC N O >O aa) w a`) � " ENa`>m g ccr dvL�d�� 3 0)'55 W 0L'0 9 C 7 C O N m T3�c>aCpa'c E°�L0w0w ca w°`00=Ed a)LN C O— NL c N.0 a) U L U ca-Ec>Nc>y0> @ Y a) C r L a 3 N L O O 3 O C L y O) O L C C CO w 0 0 �� o N m� n N N 3 0- O C ?+ C L a) N ) y ina� 0)N a) 0 v 0 a- mL Cal ami y oC E a5i cc4L°'>0M0E O N 0 0— O a N° y 3 m a L _E 'O .L... 0)= M C U 0 N COL y L U)N N L c 5 U C N 'O N 5 O) N O `-`-M° � 0 (Da)EoNa)oo`> p n7wo Ea5i cD :11T Co. oa) ca m ma>>E!imQO'- 7 N rnOHyFF�n C� N L•N o m'-0 F d [•_A R 0 Exhibit "A," Mission Hill -Mission Flats District Add Section 9-3.301(c)(4) to read as follows: (4) Mission Residential District. The following development requirements shall apply to new construction in the Mission Residential District (MRD) District, to the extent feasible and practicable on each lot. The intent of this district is to maintain a community character complementary to that currently existing in the area. While this section includes both requirements and guidelines, care must be taken not to deviate substantially from these guidelines in a way that would be detrimental to the streetscape and community character in terms of height, bulk, building coverage, setback, design, materials and colors. (A) New development projects proposed in the MRD -4,000 zone shall be subject to the following processing requirements: (1) Any proposal to demolish, remove, relocate, or substantially alter any structure listed on the City's Inventory of Historical and Cultural Landmarks (INCL) shall be subject to Section 9-2.327, Historical and Cultural Landmark Site Plan Review. Minor alterations to IHCL-listed structures shall be processed pursuant to Section 9-2.327(b) of this Title. (2) Any proposal to demolish, remove, relocate, or alter any structure which is not listed on the City's IHCL shall be subject to review by the Planning Director or their designee as to conformance with the requirements of this section. If the Planning Director determines that the proposed project conforms to the requirements set forth herein, the project may be approved administratively pursuant to Section 9-2.303, Administrative Approvals. If the Planning Director determines that the project does not meet the requirements of this section, the Planning Director may deny the project or may forward it to the Planning Commission for review and action pursuant to that section. (B) Building Materials Standards. (1) All building materials shall be authentic and in character for the area. (2) No metal siding or fiberglass panels are permitted on either primary or accessory structures. (3) Permitted building materials shall include wood, stone, brick, stucco, plaster, asphalt -composition shingle, fire-resistant wood shingle, clay tile, horizontal lap siding, board and batten siding, fibrous cement siding, and similar materials. (5) Highly reflective materials shall not be allowed. (6) Where an addition or alteration is proposed to an existing building, materials shall be consistent with the existing building. 11 Exhibit "A" Mission Hill -Mission Flats District (C) Site Design Standards. (1) Primary structures and al. dwelling nits shall be oriented toward the frontage street so as to minimize automobile related uses and emphasize the main pedestrian entry. (2) Garage standards: (a) Mission Hill area: Garage doors should be side -loaded or set back behind the front building wall containing the front entry door. (b) Mission Flats Area: Garage doors should be located behind the front building wall containing the front entry door, or to the rear of the principal dwelling. (c) No more than 35 (thirty-five) percent of the building frontage (measured in linear feet) should be occupied by garage doors. 3) Front porches and sidewalks connecting the front door to the street are encouraged. (4) Public sidewalks and curb & gutter within the right of way will not be required except as needed for drainage and public safety. Street improvements should match existing improvements in the are in order to maintain the existing character. Alternatives designs, such as bioswa/es, will be encouraged. (5) On hillside lots, stepped pads are preferred to adapt the building form to the site's natural slope. (6) Driveways shall be designed to limit the amount of paved area in front yards and along the street frontage. No more than forty percent (40%) of the front yard area may be paved. Divided driveways are permitted to limit paving. (7) No sheds or other accessory structures shall be permitted in front yards, or within side yards adjoining any street. (8) Fencing within yards adjacent to the public right of way shall be open, with at least 50 percent visibility. No chain link fencing shall be permitted in front yards or sideyards adjoining public or private streets. (D) Architecture. (1) Styles shall be consistent with those found within the District and may include, but will not be limited to Ranch, Bungalow, Craftsman, Spanish Colonial revival, Victorian, California "vernacular", Streamline Moderne, and Bauhaus architectural styles, and contemporary interpretations of these styles. (2) New construction shall maintain the eclectic architectural quality of the district. Development projects using the same or substantially the same 12 Exhibit "A" Mission Hill -Mission Flats District architectural style, colors, materials, massing, building footprint and character on more than one lot in a row shall not be permitted. (3) Fluorescent colors shall be prohibited. (4) Massing of all new structures (accessory and primary) shall be compatible with existing buildings on adjoining lots. Amend Section 9-3.301 (d) to read as follows: Projects proposed within the Residential/Agriculture (RA), Hillside Residential (HR), Single -Family -40,000 (RSE-40,000) Single -Family -20,000 (RSE-20,000), Single - Family -10,000 (RS -10,000), Single-Familyl-7,000 (RS -7,000), Single -Family -4,000 (RS -4,000), Residential Garden -7,000 (RG -7,000), Residential Garden -4,000 (RG - 4,000), Mission Residential District Residential -4,000 (MRD -4000), Multiple -Family (RM), Affordable Family/Senior Housing (AF/SH) and Mobilehome Park (MHP) Districts shall be subject to applicable review procedures as set forth in Article 3 Development Review Procedures of Chapter 2 of this title. Amend Section 9-3.301(e) to read as follows: For sign, parking, fence, swimming pool, and similar regulations for the Residential/Agriculture (RA), Hillside Residential (HR), Single -Family -40,000 (RSE- 40,000) Single -Family -20,000 (RSE-20,000), Single -Family -10,000 (RS -10,000), Single-Familyl-7,000 (RS -7,000), Single -Family -4,000 (RS -4,000), Residential Garden -7,000 (RG -7,000), Residential Garden -4,000 (RG -4,000), Mission Residential District -4,000 (MRD-4000),Multiple-Family (RM), Affordable Family/Senior Housing (AF/SH) and Mobilehome Park (MHP) Districts, see Article 5 Supplementary District Regulations of this chapter. 13 Exhibit B Rezone 03-05 Mission Hill -Mission Flats Planning Area Zoning 7! r y jA 1- •-- l__ I � 1 IRD-4,000 21 r V Exhibit "A", Mission Hill -Mission Flats District Add Section 9-2.303(a)(16), Administrative approvals to read as follows: (16) Minor alterations to structures listed on the Inventory of Historic & Cultural Landmarks (IHCL) consisting of replacement or modification of doors & windows, the addition of 15t floor porches and decks, the replacement of roofing material or building siding, and similar alterations which maintain the overall integrity of the historic structure through the use of similar style, materials, and color. Revise Section 9-2.327(b), Historical and cultural landmark site plan review to read as follows: (b) General requirements and procedures. (1) It shall be unlawful for any person to demolish, remove, relocate or otherwise alter any structure or site, including trees and other vegetation, listed individually or as part of a district on the Inventory of Historical and Cultural Landmarks (INCL), as adopted by City Council resolution, without obtaining prior City approval for such action as follows: (A) Proposed alterations to properties/structures listed on the Inventory of Historic & Cultural Landmarks (INCL) which qualify for administrative approval subject to Section 9-2.303(a)(16) shall be subject to review and approval by the Planning Director or ' designee for compliance with the Secretary of the Interior's Guidelines. (B) Proposed alterations which do not qualify for administrative approval shall be required to secure Cultural Heritage Commission approval of a Site Plan Review application as provided herein. (2) Site plan review applications for properties on the IHCL shall be filed with the Department of Planning Services. The Planning Director shall prescribe the form of application and the supporting information required to initiate the site plan application review. Once an application is received by the Department of Planning Services, the application will be reviewed for completeness. If the Department of Planning Services finds the application to be complete, then the application shall be processed in accordance to the procedure depicted in Figure 2-12. If the application is found to be incomplete, the Department of Planning Services will notify the applicant in writing within thirty (30) days what additional information is required, and the application will not be processed until that information is received by the Department of Planning Services. (3) Proposed alterations to historic structures and sites shall only be approved if they are found to be consistent with the Secretary of the Interior's Guidelines. Decisions of the Cultural Heritage Commission (CHC) on site plan review applications may be appealed to the City Council in accordance with Section 9-2.311, Appeals. Decisions of staff on minor alterations to IHCL-listed structures may be appealed to the Cultural Heritage Commission in accordance with Section 9-2.311, Appeals. ' Add Section 9-3.301(a)(13) to read as follows: Pagel of 13 Exhibit "A" ' Ordinance, Mission Hill -Mission Flats District Section 9-3.301(a)(13) Mission Residential District (MRD) -4,000 Zone District The purpose and intent of the Mission Residential District (MRD) -4,000 Zone District is to provide for residential density and development standards to ensure that new development maintains and enhances the distinctive historic neighborhood character of the Mission Hill/Mission Flat residential neighborhood consisting of about 27 acres generally bordered by La Zanja Street to the north, Acjachema Street to the south, EI Camino Real to the west, and Interstate 5 to the east. The designation allows predominantly single- family residential development on lots generally ranging from 4,000 to 7,500 square feet consistent with the distinctive neighborhood character established in the District. Amend Section 9-3.301(b)(1) to read as follows: Table 3-1 identifies the uses permitted in the Residential/Agriculture (RA), Hillside Residential (HR), Single -Family -40,000 (RSE-40,000) Single -Family -20,000 (RSE-20,000), Single -Family -10,000 (RS -10,000), Single -Family -7,000 (RS -7,000), Single -Family -4,000 (RS -4,000), Residential Garden -7,000 (RG -7,000), Residential Garden -4,000 (RG -4,000), Mission Residential District -4,000 (MRD -4000), Multiple -Family (RM), Affordable Family/Senior Housing (AF/SH) and Mobilehome Park (MHP) Districts. , Amend Section 9-3.301(b)(4), Table 3-1, Uses in Residential Districts to add the "MDR -4,000" provisions to read is follows: Table 3-1, Uses in Residential Districts (please refer to end of table for notes) 0 0 0 0o Notes and Exceptions Use 0 a 0 cu 0 o 0 0 0 0 0 o 0 v 0 o r cc v 5 iL 2 M K (r of Q of of of Z. Accessory uses A A A A A A A A A A A A A and structures incidental to the operation of a permitted use Alcoholism P P P P P P P P P P P P P recovery residential facilities (for 6 or fewer persons) Animal grazing, - P - - - - - - - - - - - These uses are considered breeding, boarding, interim uses until residential and training development plans are ■ approved. Paget of 13 Exhibit "A" ' Ordinance, Mission Hill -Mission Flats District Table 3-1, Uses in Residential Districts (please refer to end of table for notes) Use o 0a 0 0 0 o Notes and Exceptions o N o C o q�- Q W w n 1 Y o d. rn a Animal raising A C C C C C - - - - - a. For RA District- Must be in (noncommercial) conjunction with the residential use of a lot and limited to small domesticated species, such as sheep and smaller animals. Excludes commercial livestock breeding and raising. b. For HR, RSE-40,000, RSE- 20,000, RS -10,000, RS -7,000, and RS -4,000 Districts - Must be in conjunction with the residential use of a lot, wherein the lot size is greater than 15,000 square feet. Permitted species shall include rabbits, chickens, and animals of similar size. Animal slaughtering or commercial animal raising or breeding shall be prohibited. Apiaries C - - - - - - - - - - Bed and breakfasts C C C C C C C C C C C C C Subject to Section 9-3.509 Bed and Breakfasts. Boarding and - - - - - - - - - P P - rooming houses Cemeteries C C C C C C C C C C C C C Child day care C C C C C C C C C C C C - centers Crop and tree P P - - - - - - - - - - For HR - These uses are farming considered interim uses until residential development plans are approved. _ Equestrian facilities C C C C C C C C C C- - - a. Must be in conjunction with a (communal) subdivision. b. Subject to Section 9-3.515 Equestrian Standards. Family care homes P P P P P P P P C P P P P (for 14 or fewer children) Home businesses A A A A A A A A A A A A A Subject to Section 9-3.523 Home Business. Page of 13 Page 4 of 13 Exhibit "A" Ordinance, Mission Hill -Mission Flats District , Table 3-1, Uses in Residential Districts (please refer to end of table for notes) 0 0 0 00 Notes and Exceptions Use 0 0 0 80Ci o Ci Q ofU) () (h US V (n CD �d LL = 2� M Q: Of� of X 2 W K Q 2 Horse keeping A A A A - - - - - - - - - Subject to Section 9-3.515 (noncommercial) Equestrian Standards. Horse stables and C - - - - - - - - - - - - Subject to Section 9-3.515 equestrian centers Equestrian Standards. (commercial) Kennels C - - - - - - - - - - - - Subject to Section 9-3.525 (commercial) Kennels. Kennels A C C C - - - - - - - - - Subject to Section 9-3.525 (noncommercial) Kennels. Manufactured and P P P P P P P P - P P P P Manufactured or modular modular homes on structures shall not be permitted a permanent in the MDR -4,000 District. foundation system Where permitted, both types of structures shall be subject to the ' design guidelines of subsection (c), Development Standards of this section. Mining, oil drilling, C C C C C C C C C C C C C Includes necessary incidental and other resource buildings and appurtenances. extraction Mobilehome parks - - - - - - - - - - - - C Parks P P P P P P P P P P P P P (public and private) Plant nurseries and P P - - - - - - - - - - a. Includes greenhouses, storage hydroponic gardens, and similar facilities, for the purpose of growing only. b. The retail sales of products shall not be permitted. c. For HR - These uses are considered interim uses until residential development plans are approved. Page 4 of 13 ' Exhibit "A" Ordinance, Mission Hill -Mission Flats District Pages of 13 Table 3-1, Uses in Residential Districts (please refer to end of table for notes) 0 0 0 0 0 0 0 0 0 0 0 Notes and Exceptions Use O N 0 O 0 O 0 O o O Q y o O af Lu U) Lur to vl 6 q o- 2 W W cc R Public buildings P P P P P P P P P P P P P a. Includes public schools, and facilities museums, libraries, governmental buildings, parks, fire stations, public utility offices and exchanges, bus, and railroad stations. b. Excludes police stations and hospitals. Recreation and A A A A A A A A A A A A A a. Tennis courts and other community centers outdoor recreational uses within (noncommercial - such centers shall conform to the public and private) requirements of Sections 9- 3.501 Accessory Uses and Structures and 9-3.529 Lighting Standards. ' b. The outdoor night lighting of tennis courts and other recreational uses shall not be permitted unless a conditional use permit is approved by the city. Recycling facilities - - - - - - - - - - P Subject to Section 9-3.537 Recycling Facilities. Section 9- 3.537 Recycling Facilities identifies the specific allowed recycling uses. Religious, fraternal, C C C C C C C C C C C C C Includes churches, temples, or non-profit synagogues, monasteries, organizations (non- religious retreats, and other profit) places of religious worship and other fraternal and community service organizations. Residential care P P P P P P P P P P- - - facilities (6 or fewer persons) Residential care C C C C C C C C C- - - facilities (over 6 persons) Residential P P P P P P P P P P P P_ dwellings (detached SFD) Pages of 13 Exhibit "A" Ordinance, Mission Hill -Mission Flats District ' Table 3-1, Uses in Residential Districts (please refer to end of table for notes) Use 0 0 0 0 0 0 o 4 Notes and Exceptions 0 0 0 o 0 0 0 Y w o q 0 q 'T q tr U)( (b 0 uu) Ir 0 2 1 _ S tr tr 2 2 K K 2 W 2 Q 2 Residential - - - - - - P - - P P P - dwellings (attached SFD) Residential _ _ _ _ _ _ P - - P P P - Must be located on a single lot or dwelling units with each dwelling on its own lot. (duplex, two-family) Residential _ _ _ _ _ _ _ _ _ _ P P - dwelling units (multiple -family - apartments and cooperatives) Residential _ _ _ _ _ _ P _ _ P P P - dwelling units (multiple -family, townhouses, condos) Residential A A A A A A - A A - - - _ a. Allowed during the , dwelling construction of a permanent (temporary) single-family residence on an individual lot in accordance with the provisions of Section 9-3.553 Temporary Uses and Structures. Secondary dwelling P P P P P P P P P P- - - a. Subject to Section 9-3.501 unit (single-family) Accessory Uses and Structures. b. In the MRD -4,000 District, second dwelling units shall be permitted on lots of 6,000 square feet or greater in area. Swimming schools, - - - - - - - - - C C _ a. Must be deemed by the tennis clubs and Planning Commission to be schools, and compatible with the existing or similar activities proposed residential uses. Tennis/sports A A A A C C - C C - - - - a. The requirements of Sections courts, swimming pools, and similar 9-3.501 Accessory Uses and improvements on Structures and 9-3.529 Lighting individual Standards. residential lots b. The outdoor night lighting of such tennis courts or other recreational uses shall not be permitted unless a conditional use permit is approved by the City. ' Other uses may be allowed in the RM District with a conditional use permit if they are deemed by the Planning ' Page 6 of 13 ' Exhibit "A" Ordinance, Mission Hill-Mission Flats District Table 3-1, Uses in Residential Districts (please refer to end of table for notes) 0 0 0 0 0 0 o Notes and Exceptions Use o N c O o o q o QLu W n 'T W a 2 2 of = Of K K W i af of W Q Commission to be compatible with the existing or proposed residential use. P = Principal use permitted by right - = Not permitted A = Accessory use permitted by right (subject to Section 9-3.501 Accessory Uses and Structures) C = Conditional use permit required (subject to Section 9-2.317 Conditional Use Permit) Note: "Shaded" rows in the table above indicate where revisions are proposed to the land use provisions for the proposed MRD -4,000 Zone District as compared to the existing RG -4,000 Zone District. Amend Section 9-3.301(c)(1) to read as follows: Table 3-2 identifies the development standards for the Residential/Agriculture (RA), Hillside Residential (HR), Single -Family -40,000 (RSE-40,000) Single -Family -20,000 (RSE-20,000), Single -Family -10,000 (RS -10,000), Single-Familyl-7,000 (RS -7,000), Single -Family -4,000 ' (RS -4,000), Residential Garden -7,000 (RG -7,000), Residential Garden -4,000 (RG -4,000), Mission Residential District -4,000 (MRD -4000), Multiple -Family (RM), Affordable Family/Senior Housing (AF/SH) and Mobilehome Park (MHP) Districts. Amend Table 3-2, Development Standards for Residential Districts, to add the MRD - 4,000 Zone District as follows: Page 7 of 13 Exhibit "A" ' Ordinance, Mission Hill -Mission Flats District Development Standards for Residential Districts One Story' TA Min. Max. Min. Street Min. Min. Min. Max. Min. Min. A District Density Lot Area Frontage Front Side Rear Lot Front Side R Yard Yard Yard Coverage Yard Yard Y 3,4 3,5,6 3,7,8, Ratio 3.4 3,5,6 RA 1011 0.4 du/ac 2.5 ac 200 ft. 150 ft. 20 ft. 50 ft. 0.12 150 ft. 20 ft. 5 HR 12.13 Ref. 9- 10,000 60 ft. 25-20 15-5 ft. 25/20 ft. 0.40 25-20 ft. 15-5 ft. 2! 3.301c(2) sq. ft. ft. RSE40,0001011 1 du/ac 40,000 150 ft. 30 ft. 20 ft 25 ft. 0.15 30 ft. 20 ft. 2 ft RSE-20,000 10,11 2 du/ac 20'000 90 ft. 30 ft. 10 ft. 25 ft. 0.25 30 ft. 10 ft. 2. q• RS -10,00010,11 3.5 du/ac 10,00 60 ft. 20 ft. 10-5 ft. 25 ft. 0.40 20 ft. 10 ft. 2 q• RS -7,0001p11 5 du/ac 7'000 sq. 60 ft. 20 ft. 5 ft. 20 ft. 0.45 20 ft. 10-5 ft. 2 - RG -7,000 10,11,15 5 du/ac 7'000 sq. 60 ft. 20 ft. 10-0 ft. 20 ft. 0.45 20 ft. 10-0 ft. 2 - RS -4,000 1011 14 8 du/ac 4'000 sq. 50 ft. 18 ft. 5 ft. 16 ft. 0.50 20 ft. 10-5 ft. 2 MRD -4,00010,11,17,16,19 8 du/ac 4'000 sq. 50 ft. 18 ft. 5 ft. 16 ft. 0.50 20 ft. 10-5 ft. t RG -4,000 1011 1415 8 du/ac 4,000 sq. 50 ft. 18 ft. 10-0 ft. 16 ft. 0.50 20 ft. 10-0 ft. 2 RM" 1016 18 du/ac 1 ac 150 ft. 30 ft. 20 ft. 20 ft. NA 20 ft. 20 ft. 2- AF/SH 1Q16 25 du/ac 1 ac 150 ft. 30 ft. 20 ft. 20 ft. NA 20 ft. 20 ft. 2 MHP Development Standards for mobilehomes shall be per State Law Note: Max.=Maximum, Min. =Minimum, DU=Dwelling unit, Yd=Yard, Bldg=Building and Hgt.=Height 1 All new residential projects shall incorporate a combination of one and two story units adjacent to all master planned arterial streets, with at least 20 percent of the total project units being one-story. In addition, in the HR District, one and two story structures shall be intermixed to provide a variety of roof lines, building mass, and setbacks and two story structures shall not be located adjacent to project entries or to existing single -story residences. 2 Lots with street frontages below the minimum set forth in this table may be permitted without the approval of a variance if all of the following conditions are met: (a) The lot's street frontage remains a minimum of 20 feet; (b) The lot is designed such that the reduced width portion constitutes an access corridor to the buildable portion, which is set back away from the street, (c) The minimum width of the buildable portion of the lot conforms to the requirements of this table; and (d) The Planning Commission determines that adequate visitor parking will be provided on the lot to compensate for the loss of street, frontage parking. The actual creation of reduced frontage lots shall be subject to normal City approval of required tract or parcel maps. reduced frontage portion of such lots shall not be included in the computation of lot area (see Section 94.315 Irregular & Cul-de-sac Lots.) 3 The criteria for measuring setbacks on irregularly-shaped and cul-de-sac lots are set forth in Section 9-4.315 ' Irregular and Cul-de-sac Lots. Page 8 of 13 l Exhibit "A" Ordinance, Mission Hill -Mission Flats District 4 The setback for garages shall maintain the minimum setbacks for the district. For those residential districts that allow a minimum front yard of 18 feet or less, a minimum setback of 18 feet from the front property line shall be maintained for the garage. If the garage is a side entry, the front yard setback may be reduced to a minimum of 10 feet. However, in no instance shall side entry garages using this standard, exceed 20 percent of the total units for the residential project. In the MRD -4,000 District, garage shall comply with Section 9-3.301(c)(4)(C)(2) of these regulations. 5 Architectural projections may extend into required side yards no more than 40% of the applicable district requirement, or more than 3 feet whichever is greater. 6 Minimum exterior side yards shall not be less than 10 feet for all districts, except for the HR District, in which the minimum exterior side yard adjacent to the street shall not be less than 15 feet. 7 On lots with an existing building setback encroachment into a required rear yard, structural additions having the same said encroachments shall be permitted without the approval of a variance. However, no new encroachment in excess of that existing, nor any new encroachment may be permitted without the approval of a variance (see Section 9-3.533 Nonconforming Uses, Lots, and Structures). 8 In the RA, HR. RSE-40 000, RSE-20,000, RS 10,000, RS -7,000, RS -4,000, RG -7,000, RG -4,000, MRD -4,000, RM, and AF/SH Districts, open patios may extend up to a minimum of 5 feet from rear property lines pursuant to Section 9-3.501 Accessory Uses and Structures. 9 The overall building square footage for the primary structure shall not exceed that using the Floor area ratio. For the purposes of calculating overall square footage, open volume ceilings that include second story area shall be included as square footage as if a second floor has been installed said area shall include garage and enclosed porches. 10 All front, side, and exterior side architectural elevations shall be fully articulated with the integration of details and materials consistent with the approved architectural style of the unit for residential subdivision. 11 Single-family Design Standards: In all districts where single-family dwellings (site -built, modular, or manufactured home) are permitted, such dwellings shall be subject to the development standards for that district as well as the following requirements. (a) The minimum width of the residential dwelling shall be 20 feet outside dimension measured to the building line. For the purposes of this section, the width shall be distinguished from the length of the building as the dimension having the lesser measurement. (b) The exterior sides shall be covered with wood, stucco, masonry, or other material of similar texture and durability. Metal siding shall not be permitted. (c) The roof material shall be wood shingle or shake, slate, tile, or other material of similar appearance, texture, substance, and durability. (d) Roof eaves and gables shall be no less than 12 inches, measured from the vertical side of the unit, unless otherwise approved by the Planning Commission. The preceding criteria shall be administered by either the Planning Director or Planning Commission, depending on which is responsible for reviewing specific residential projects or custom homes prior to plan check. 12 HR Design Standards: A residential project in the HR District shall be in compliance with the following: (a) The residential design of the project shall give the appearance of a variety of setbacks. (b) The residential design shall encourage pedestrian use for internal circulation. (c) Existing mature trees shall be preserved to the maximum extent and shall be integrated into the overall design of the project 13 In the HR District, as part of the subdivision review process, lots shall comply with the following: At least 30% of the units shall maintain a minimum front yard setback of 25 feet and rear yard setback of 20 feet. At least 70% of the units shall maintain a minimum front yard setback of 20 feet and rear yard setback of 25 feet. The minimum side yard setbacks shall be 15 feet combined, but not less than 5 feet on one, interior, side yard. Page 9 of 13 Exhibit "A" ' Ordinance, Mission Hill -Mission Flats District 14 Projects that propose 7,000 square foot lots or less shall provide private common recreational facilities equal to 250 square feet per unit. In addition, the minimum setback from a master planned arterial street shall be 25 feet as measured from the ultimate right-of-way. A homeowner association shall be created to maintain all the recreational facilities and landscaping- and to assume other responsibilities as appropriate. The organization, legal authority, duties, and obligations for such homeowner association shall be set forth in a set of Codes, Covenants, and Restrictions (CC&R) to be approved by the Planning Commission and recorded with the final tract map. Such CC&R shall incorporate provisions for the City to take over or otherwise provide for the maintenance of all the recreational facilities, landscaping, and common areas should the City determine that adequate maintenance is not being performed. 15 The RG -7,000 and RG -4,000 Districts allow attached units with zero lot lines. 16 In the "RM" and "AF/SH" Districts, a minimum distance of 20 feet shall be maintained between all buildings including principal and accessory structures. 17 The minimum lot depth in the MRD -4,000 District shall be 65'-0". 18 In the Mission Hill area of the MRD -4,000 District, lots with an average slope in the front yard of less than 15% shall comply with the minimum frontyard setback. Lots with an average slope equal to or greater than 15% shall provide a minimum 10 ft. setback. In the Mission Flat area of the MRD -4,000 District, the principle dwelling, with or without an attached, front -loaded garage shall maintain a minimum front yard setback of 18'-0" for one-story and 20'-0" for two-story structures. 19 In the MRD -4,000 District, detached garages situated to the rear of the principal dwelling shall maintain a minimum 3'-0" side and rear yard setback. Detached garages may incorporate other permitted accessory uses. Page 10 of 13 ' Exhibit "A" Ordinance, Mission Hill -Mission Flats District Add Section 9-3.301(c)(4) to read as follows: (4) Mission Residential District. The following development requirements shall apply to new construction in the Mission Residential District (MRD) District, to the extent feasible and practicable on each lot. The intent of this district is to maintain a community character complementary to that currently existing in the area. While this section includes both requirements and guidelines, care must be taken not to deviate substantially from these guidelines in a way that would be detrimental to the streetscape and community character in terms of height, bulk, building coverage, setback, design, materials and colors. (A) New development projects proposed in the MRD -4,000 zone shall be subject to the following processing requirements: (1) Any proposal to demolish, remove, relocate, or substantially alter any structure listed on the City's Inventory of Historical and Cultural Landmarks (IHCL) shall be subject to Section 9-2.327, Historical and Cultural Landmark Site Plan Review. Minor alterations to IHCL-listed structures shall be tprocessed pursuant to Section 9-2.327(b) of this Title. (2) Any proposal to demolish, remove, relocate, or alter any structure which is not listed on the City's IHCL shall be subject to review by the Planning Director or their designee as to conformance with the requirements of this section. If the Planning Director determines that the proposed project conforms to the requirements set forth herein, the project may be approved administratively pursuant to Section 9-2.303, Administrative Approvals. If the Planning Director determines that the project does not meet the requirements of this section, the Planning Director may deny the project or may forward it to the Planning Commission for review and action pursuantto that section. (B) Building Materials Standards. (1) All building materials shall be authentic and in character for the area. (2) No metal siding orfiberglass panels are permitted on either primary or accessory structures. (3) Permitted building materials shall include wood, stone, brick, stucco, plaster, asphalt -composition shingle, fire-resistant wood shingle, clay tile, horizontal lap siding, board and batten siding, fibrous cement siding, and ' similar materials. (5) Highly reflective materials shall not be allowed. Page 11 of 13 Exhibit "A" ' Ordinance, Mission Hill -Mission Flats District (6) Where an addition or alteration is proposed to an existing building, materials shall be consistent with the existing building. (C) Site Design Standards. (1) Primary structures and all dwelling units shall be oriented toward the frontage street so as to minimize automobile related uses and emphasize the main pedestrian entry. (2) Garage standards: (a) Mission Hill area: Garage doors should be side -loaded or set back behind the front building wall containing the front entry door. (b) Mission Flats Area: Garage doors should be located behind the front building wall containing the front entry door, or to the rear of the principal dwelling. (c) No more than 35 (thirty-five) percent of the building frontage (measured in linear feet) should be occupied by garage doors. 3) Front porches and sidewalks connecting the front door to the street are encouraged. (4) Public sidewalks and curb & gutter within the right of way will not be required except as needed for drainage and public safety. Street improvements should match existing improvements in the area in order to maintain the existing character. Alternatives designs, such as bio-swales, will be encouraged. (5) On hillside lots, stepped pads are preferred to adapt the building form to the site's natural slope. (6) Driveways shall be designed to limit the amount of paved area in front yards and along the street frontage. No more than forty percent (40%) of the front yard area may be paved. Divided driveways are permitted to limit paving. (7) No sheds or other accessory structures shall be permitted in front yards, or within side yards adjoining any street. (8) Fencing within yards adjacent to the public right of way shall be open, with at least 50 percent visibility. No chain link fencing shall be permitted in front yards or sideyards adjoining public or private streets. (D) Architecture. (1) Styles shall be consistent with those found within the District and may include, but will not be limited to Ranch, Bungalow, Craftsman, Spanish Colonial revival, Victorian, California "vernacular", Streamline Moderne, and Bauhaus architectural styles, and contemporary interpretations of these , styles. Page 12 of 13 ' Exhibit "A" Ordinance, Mission Hill -Mission Flats District (2) New construction shall maintain the eclectic architectural quality of the district. Development projects using the same or substantially the same architectural style, colors, materials, massing, building footprint and character on more than one lot in a row shall not be permitted. (3) Fluorescent colors shall be prohibited. (4) Massing of all new structures (accessory and primary) shall be compatible with existing buildings on adjoining lots. Amend Section 9-3.301 (d) to read as follows: Projects proposed within the Residential/Agriculture (RA), Hillside Residential (HR), Single -Family -40,000 (RSE-40,000) Single -Family -20,000 (RSE-20,000), Single - Family -10,000 (RS -10,000), Single-Familyl-7,000 (RS -7,000), Single -Family -4,000 (RS -4,000), Residential Garden -7,000 (RG -7,000), Residential Garden -4,000 (RG - 4,000), Mission Residential District Residential -4,000 (MRD -4000), Multiple -Family (RM), Affordable Family/Senior Housing (AF/SH) and Mobilehome Park (MHP) Districts shall be subject to applicable review procedures as set forth in Article 3 Development Review Procedures of Chapter 2 of this title. ' Amend Section 9-3.301(e) to read as follows: For sign, parking, fence, swimming pool, and similar regulations for the Residential/Agriculture (RA), Hillside Residential (HR), Single -Family -40,000 (RSE- 40,000) Single -Family -20,000 (RSE-20,000), Single -Family -10,000 (RS -10,000), Single-Familyl-7,000 (RS -7,000), Single -Family -4,000 (RS -4,000), Residential Garden -7,000 (RG -7,000), Residential Garden -4,000 (RG -4,000), Mission Residential District -4,000 (MRD-4000),Multiple-Family (RM), Affordable Family/Senior Housing (AF/SH) and Mobilehome Park (MHP) Districts, see Article 5 Supplementary District Regulations of this chapter. P:\Planning\Archive\RZ PROJECTS\Rz0305Mission Hill -Mission Flat\MHMF-Title 9 Amendment\MHMF- ordinance-draft#4-2005-8-18.doc Page 13 of 13