Chapter 9.18 OVERLAY/COMBINING ZONING DISTRICTS

Chapter 9.18
OVERLAY/COMBINING ZONING DISTRICTS

Sections:

9.18.010 Purpose of chapter, applicability.

9.18.020 Purpose of overlay/combining zoning districts.

9.18.030 M-P-C (Master Plan Community) Overlay District standards.

9.18.040 M-U (Mixed Use) Overlay District standards.

9.18.050 RHN (Regional Housing Needs) Overlay District.

9.18.010 Purpose of chapter, applicability.

A. This chapter provides guidance for development and new land uses in addition to the standards and regulations of the primary zoning district, where important area, neighborhood, or site characteristics require particular attention in project planning.

B. The applicability of any overlay zoning district to specific sites is illustrated by the overlay Zoning Map symbol established by Section 9.08.010 (Zoning districts established). The provisions of this chapter apply to development and new uses in addition to all other applicable requirements of this Development Code. In the event of any conflict between the provisions of this chapter and any other provision of this Development Code, this chapter shall control. (§ 2, Ord. 14-13, eff. October 8, 2014)

9.18.020 Purpose of overlay/combining zoning districts.

The purposes of the individual overlay/combining zoning districts and the manner in which they are applied are as follows:

A. M-P-C (Master Plan Community) Overlay District. The M-P-C Overlay District is intended to:

1. Implement the Master Planned Community land use designation in applicable specific plans and/or master plans by addressing larger scale mixed use developments through a variety of flexible development standards to achieve a higher degree of community design;

2. Permit the development of comprehensively planned communities with a minimum of one hundred (100) contiguous gross acres of land, to ensure orderly planning of large areas of land and to create efficient, desirable, and stable developments offering a combination of planned land uses and to provide for flexibility in the zoning of large master planned communities. All uses allowable in the particular base zoning district with which the M-P-C Overlay District is combined shall be in compliance with Section 9.18.030 (M-P-C (Master Planned Community) District standards); and

3. Be consistent with the Master Planned Community land use designation of the General Plan and any applicable specific plan.

B. M-U (Mixed Use) Overlay District. The M-U Overlay District provides for the development and/or redevelopment and enhancement of existing developed areas appropriate for the creative mix of retail, professional office, industrial, business park, medical facilities, and residential uses located on the same parcel or within the same project area. Mixed use development projects may either be freestanding within a project area, or combined within a single structure, and ensure compatible design standards, shared internal circulation, and related considerations. All uses allowable in the particular base zoning district with which the M-U Overlay District is combined shall be in compliance with Section 9.18.040 (M-U (Mixed Use) Overlay District standards). The M-U Overlay District is consistent with the Mixed Use land use designation of the General Plan. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Att. A), Ord. 23-05, eff. August 9, 2023)

9.18.030 M-P-C (Master Plan Community) Overlay District standards.

A. Compliance with objectives. In order to qualify for an M-P-C Overlay District, an applicant shall demonstrate in a Master Development Plan the potential to achieve the following specific objectives:

1. Orderly development in a manner consistent with the General Plan or applicable specific plan(s);

2. Open space system, recreational facilities, and/or other community amenities shall provide for and articulate a clear community vision;

3. Orderly and creative arrangement of land uses with respect to each other, to the entire master planned community, and to adjacent land;

4. A variety of housing types, employment opportunities, and commercial services to achieve a balanced community;

5. An integrated transportation system for pedestrian, bicycle, and vehicular traffic;

6. Quality site planning and lasting design elements with enhanced landscaping and other site amenities; and

7. Enduring urban/community design.

B. General requirements.

1. Allowed uses/applicability to Zoning Map.

a. The M-P-C is an overlay zoning district applied to multiple parcels. The M-P-C designation may be applied to any combination of zoning districts provided for in the Municipal Code on the condition that the districts are consistent with the General Plan and any applicable specific plan(s) for the designated area and are identified in an approved Master Development Plan. The M-P-C Overlay District may be combined with any underlying zoning district(s), but shall only be applied to an area of contiguous property of at least one hundred (100) gross acres in size.

b. An M-P-C Overlay District shall be designated on the Zoning Map by the addition of an “M-P-C” suffix to the base zoning district designator.

c. Land uses established by the underlying base zoning district shall apply unless specifically modified by the M-P-C Overlay District.

2. Initiation. The M-P-C Overlay District may be initiated by the Council, the Commission, or the property owner(s), in compliance with Chapter 86 of this title (Amendments (Development Code, General Plan, and Zoning Map)).

3. Master Development Plan.

a. At the time of approval of an M-P-C Overlay District, the Council shall also adopt a Master Development Plan including development standards.

b. For purposes of this section, a “Master Development Plan” shall mean a written plan and accompanying maps which identify the proposed location and size of development parcels, land uses, and underlying zoning designations; transportation/circulation; open space and community facilities; and the development standards of the proposed M-P-C District development. The Master Development Plan shall be consistent with the intent of the General Plan and any applicable specific plan(s).

c. For purposes of this section, “development standards” shall mean the minimum standards for development within the M-P-C District, including standards for intensity and type of use, residential densities, heights, spacing, setback requirements, and typical street sections. Conceptual standards for building designs, configuration, layout, open space and landscaping, parking, signs, and vehicular and pedestrian circulation shall also be included.

d. Proposed development within the M-P-C Overlay District shall be in compliance with the following provisions:

(1) Development in the M-P-C Overlay District may consist of any land use or combination of land uses that are contemplated for the property in the Master Development Plan consistent with the underlying base zoning district.

(2) The applicant shall include in the Master Development Plan a listing of the equivalent General Plan land use densities proposed within the M-P-C Overlay District.

(3) The M-P-C Overlay District shall include legal boundary descriptions for the specific zoning to implement the M-P-C Overlay District. The listing and general arrangement of the contemplated land uses (e.g., zoning) shall be shown in the Master Development Plan that is adopted as part of the M-P-C Overlay District approval.

e. All applications submitted by property owners and/or applicants shall be submitted to the Department in compliance with Chapter 86 of this title (Amendments (Development Code, General Plan, and Zoning Map)).

4. Property development standards.

a. Unless expressly modified in an approved Master Development Plan, the otherwise applicable ordinances, rules, and/or official policies of the City shall apply within an M-P-C Overlay District. No land division or development approved in an area subject to an M-P-C Overlay District shall be allowed unless it is first found to be consistent with the approved Master Development Plan.

b. A Master Development Plan may propose development standards which differ from the standards of the underlying base zoning district. Approval of the Master Development Plan shall override and substitute for any conflicting base zoning district standard(s).

c. An application for an M-P-C Overlay District shall contain the following information and plans.

(1) A complete application form, together with all required plans, submittals and fees in compliance with the City’s Fee Schedule, shall be filed with the Department, in compliance with Chapter 50 of this title (Application Filing, Processing, and Fees).

(2) Appropriate environmental information.

(3) Required plans and submittals. Plans and documentation shall accompany an application for an M-P-C Overlay District as follows:

(a) A Master Development Plan, including development standards describing the community vision, design theme, and community elements;

(b) Legal description of the property and the area in gross acreage for each zoning district being applied for;

(d) A map showing the proposed pattern of land uses, including acreage for each category of land use and residential density;

(e) A circulation plan/street network plan including street cross sections, bikeways, pedestrian walks, and conceptual lotting and circulation for the area;

(f) An open space/landscape plan including street furniture, lighting, and special design features;

(g) Public uses including parks, recreational areas, schools, and other open space areas;

(h) Proposed development schedule or sequence (e.g., Phasing Plan);

(i) Master sign plan;

(j) Proposed maintenance of public and private areas;

(k) Proposed maintenance of public and private streets;

(l) Description of the proposed Home Owners Association (HOA) and the area covered by the HOA; and

(m) Additional supporting studies as required by the Director including but not limited to environmental studies, water studies, noise studies, market studies, and traffic studies.

5. Subsequent submittals. The conditions of approval for an M-P-C Overlay District may require submittal of any of the following before the recordation of any final map, site plan review, or building permit within the M-P-C Overlay District:

a. Subsequent or concurrently processed conditional use permit application in compliance with Chapter 64 of this title for residential planned unit developments;

b. Subsequent site plan review in compliance with Chapter 56 of this title for those projects normally requiring site plan review other than single-family residential development;

c. Subsequent Planned Commercial Center zone request to finalize the development plans for commercial and live/work developments;

d. Proposed conditions, covenants, and restrictions, if any;

e. Sign review in compliance with Chapter 34 of this title; and/or

f. Architectural design guidelines.

C. Review and approval. An M-P-C Overlay District shall be adopted or amended in the same manner as any other zoning district is adopted or amended in compliance with Chapter 86 of this title (Amendments). The approval of an M-P-C Overlay District by the Council shall be accomplished directly by ordinance and shall include the approval and adoption of a Master Development Plan.

D. Administration of an adopted Master Development Plan.

1. The development of property within the M-P-C Overlay District may proceed only in strict compliance with the approved Master Development Plan, adopted in compliance with the provisions of the Municipal Code. The Director shall be responsible for administering the provisions of the M-P-C Overlay District in compliance with all appropriate local and State laws.

2. When there is a question or ambiguity regarding the interpretation of any provision(s) related to the M-P-C Overlay District, the Director shall have the authority to interpret the provision(s) in compliance with Chapter 2 of this title (Interpretation of regulations).

3. All interpretations made by the Director may be appealed in compliance with Chapter 90 of this title (Appeals).

4. The Director possesses the authority to refer interpretations to the Commission for its consideration and action, accompanied by a written analysis of the issues related to the interpretation. The Commission’s action may be appealed to the Council in compliance with Chapter 90 of this title (Appeals).

E. Amendments to the adopted Master Development Plan. The Director shall first determine if a requested modification to the M-P-C Overlay District is “minor” or “major.” The request or proposal shall be processed in compliance with the following.

1. Minor modifications. A minor modification requested or agreed to by the property owner shall be intended to accomplish one or more of the following:

a. A change in the species of plant material proposed for the M-P-C Overlay District.

b. A lot line adjustment.

c. Any other change or modification which does not change the basic intent of the M-P-C Overlay District (e.g., floor plans, elevations, site elements, etc.).

d. An appeal of the Director’s determination regarding the minor modification shall be processed in compliance with Chapter 90 of this title (Appeals).

e. A minor phasing plan change.

2. Major modifications. A major modification includes any modification which does not qualify as a minor modification including adding property to an existing M-P-C Overlay District. A major modification shall be processed and reviewed by the Commission and approved by the Council in compliance with Chapter 86 of this title (Amendments (Development Code, General Plan, and Zoning Map)).

F. Process for applications within an M-P-C Overlay District.

1. Concurrent with establishment of an M-P-C Overlay District, the property owner/applicant shall request a Zoning Map amendment of the subject parcels from the underlying base zoning district to the desired zoning district for the use approved in the Master Development Plan, unless the existing zoning district is consistent with the M-P-C Overlay District. Property rezoned within a designated M-P-C Overlay District shall carry the “M-P-C” suffix in addition to the approved base zoning district to designate that a land use is subject to the requirements of the approved Master Development Plan. The phasing plan may provide exception to the normal five-year period for establishing legal nonconforming uses in compliance with Chapter 84 of this title.

2. All development within an established M-P-C Overlay District is also subject to the tentative map procedures identified in Division 7 of this title (Subdivisions), except as otherwise provided in an approved Master Development Plan.

3. Any development or use normally required by the Municipal Code to receive approval of a subsequent site plan review (Chapter 56 of this title) and/or conditional use permit (Chapter 64 of this title) shall have the same requirement.

G. Issue resolution: Analogous standards. With regard to any issue of land use regulation that may arise in connection with a M-P-C Overlay District and that is not addressed or provided for specifically in this section or in the approved Master Development Plan including the development standards, the Director may apply by analogy the general definitions, principles, standards, and procedures contained in this Development Code, taking into consideration the intent of the approved Master Development Plan including the applicable development standards. (§ 2, Ord. 14-13, eff. October 8, 2014)

9.18.040 M-U (Mixed Use) Overlay District standards.

A. Compliance with General Plan Table LU-4 and Figure LU-4. New land uses and structures, and alterations to existing uses or structures, shall be designed, constructed, and/or established in compliance with the requirements in General Plan Table LU-4, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Division 3 of this title (Development and Operational Standards). Figure LU-4 identifies the location and boundaries of the mixed use areas.

B. Applicable uses and specific development standards. General Plan Table LU-4 identifies the mixed use areas by number, establishes the primary uses, secondary uses, maximum structure height, floor area ratios, residential densities, design features, and specific comments.

C. Compliance with General Plan required. The M-U District is intended to implement the development of mixed use areas, in compliance with the General Plan and any applicable specific plan.

D. Master plan required.

1. As provided in General Plan Table LU-4, each parcel with M-U zoning shall reflect the prescribed variety of land uses and require the adoption of a project area master plan.

2. Each adopted project area master plan shall clearly display the maximum percentage of each of the following category of uses within the proposed development:

a. Primary use;

b. Secondary use; and

c. Special use.

3. Although these areas may develop incrementally, each phase of development shall require the adoption of a master plan or an amendment for the applicable mixed use area.

E. Development standards. Development standards shall be adopted with each project area master plan, but shall, in no case, contain standards which are less restrictive than those prescribed for any mixed use area. (§ 2, Ord. 14-13, eff. October 8, 2014)

9.18.050 RHN (Regional Housing Needs) Overlay District.

A. Purpose and application of Overlay District.

1. The Regional Housing Needs (RHN) Overlay District is intended to provide affordable housing at a density of thirty-five (35) to forty-three (43) units per acre on properties throughout the City that meet the parcel qualifications established by this section.

2. The RHN Overlay District is a City-wide zone that shall apply to all residentially zoned parcels located within the City limits.

B. Parcel qualifications. The Director shall determine whether a parcel meets the parcel qualifications required for development as a RHN Overlay project.

1. Parcel size.

a. To qualify for development as a RHN Overlay project, a parcel must be not less than one acre but not more than ten (10) acres in size.

b. In the case of a parcel that is not fully developed (i.e., undeveloped or underdeveloped), if the parcel can be divided, including dividing the parcel pursuant to Section 9.104.120, the undeveloped or underdeveloped portion may be evaluated separate from the rest of the parcel to determine whether the undeveloped or underdeveloped portion meets the parcel qualifications required for development as a RHN Overlay project.

c. A parcel larger than ten (10) acres will be deemed to qualify for development as a RHN Overlay project if the parcel may be divided pursuant to Section 9.104.120, after which those parcels of not less than one acre but not more than ten (10) acres in size may be developed as RHN Overlay projects.

2. Developability. The parcel must be capable of being developed consistent with the development standards required by subsection E of this section at a density of thirty-five (35) to forty-three (43) units per acre. The Director shall consider the following criteria:

a. Physical characteristics of the parcel, such as size, shape, dimensions, topography, and environmentally sensitive features.

b. Rules, regulations, policies, or other relevant guidance from the California Department of Housing and Community Development.

c. History of the parcel, which may include:

i. Current use or development, entitlement or permit approvals, and applications for entitlements or permits.

ii. Past use or development, entitlement or permit approvals, and applications for entitlements or permits.

iii. Encumbrances or other commitments appurtenant to or enforceable against the parcel or recorded against the property.

d. Any legal mandates, restrictions, prohibitions, or commitments applicable to the parcel that requires a finding, determination, action, process, proceeding, or otherwise by the City, notwithstanding the purpose of the RHN Overlay District.

C. RHN Overlay map of parcels: List. The Director shall develop for City Council approval a map of parcels and associated list reflecting those parcels that qualify for development as a RHN Overlay project. The map and associated list shall be maintained by the Director and reviewed, updated, and approved annually in conjunction with the City’s Annual Housing Element Progress Report. The Director is authorized to remove parcels from the map and list as may be required. The initial map and list, and any additions to the map and list, shall be approved by the City Council at regular or special meeting with City-wide notice to the public. The Director shall also hold not less than one City-wide noticed public meeting before Council consideration.

D. RHN Inventory: Housing Element. The RHN Overlay District and the development of parcels as RHN Overlay projects is intended to meet the housing needs within the City and to help the City comply with its RHNA obligation. It is the intent of the City Council that parcels that qualify for development as RHN Overlay projects as outlined in this section be included in the City’s Housing Element Sites Inventory of land suitable for residential development. The Director is instructed to monitor the City’s compliance with its RHNA obligations and to advise the City Council if it becomes necessary to revise the Housing Element Sites Inventory to include those parcels that qualify to be developed as RHN Overlay projects. Revisions to the Housing Element Sites Inventory shall not be considered an amendment to the Housing Element.

E. Property development standards.

1. Density. Development pursuant to the RHN Overlay District shall be at a density of not less than thirty-five (35) units per gross acre, but not to exceed forty-three (43) units per gross acre.

2. Lot coverage. Lot coverage shall not exceed sixty percent (60%).

3. Height. Maximum height shall not exceed four (4) stories and fifty feet (50'). Additional height/stories may be allowed, in compliance with Chapter 64 of this title (Conditional Use Permits).

4. Setbacks shall be as follows:

a. Street frontage – fifteen feet (15').

b. Street side – fifteen feet (15'). For a structure exceeding thirty-five feet (35') or two and one-half (2-1/2) stories, the required setback shall be increased at the rate of three inches (3") for each foot of height increase.

c. Interior side – five feet (5') for each story.

d. Rear – fifteen feet (15'). For a structure exceeding thirty-five feet (35') or two and one-half (2-1/2) stories, the required setback shall be increased at the rate of three inches (3") for each foot of height increase for single story plus five feet (5') for each additional story.

5. Gates and fencing.

a. All vehicle and pedestrian gates and fencing shall conform with Fire Department standards.

b. Fencing along adjacent properties shall be a minimum six foot (6') high masonry material. Height to be measured from the highest finished grade and/or a minimum of six feet (6') above a parking area within eight feet (8') of the wall (whichever is highest).

c. Interior fencing adjacent to a high-density or higher land use may be substituted with a decorative tubular steel fence.

d. Main vehicle entry gate shall be constructed per City of Clovis standards, requiring a turnaround for vehicles that cannot gain entry.

6. Parking.

a. Parking shall be provided at a ratio of:

i. Two (2) stalls per unit for one to two (2) bedroom units.

ii. Three (3) stalls per unit for three (3) or more bedroom units.

b. A minimum of one stall per unit shall be covered.

c. Parking shall be marked and striped per multiple-family parking standards.

d. Two (2) way drives shall be a minimum of twenty-six feet (26') in width or as otherwise required by the Fire Department.

7. Architectural design.

a. Units shall utilize durable exterior materials such as stucco, cement board, concrete, or similar. Wood siding should be avoided with exception of trim.

b. Buildings containing three (3) or more attached units in a row shall incorporate at least one architectural projection per unit. Such projection must project no less than two feet (2') from the major wall plane, and be at least five feet (5') wide, and extend the height of the unit.

c. Buildings containing three (3) or more attached units in a row shall incorporate articulated roof design to avoid continuous single planes. Articulation may be achieved by changes in plane of no less than two feet (2') and the use of traditional roof forms such as gables, hips and dormers.

d. On larger projects with four (4) or more attached units in a row on a single building, subtle changes in exterior color are encouraged to increase visual interest and reduce monotony. Building groups can also be painted with different colors or shades. Subtle changes in colors and shade are encouraged.

8. Security.

a. All parking structures, walkways and trash receptacles shall be lighted during the hours of darkness.

b. All roadways within the complex shall be private streets and monitored by the apartment manager or an HOA.

c. Emergency pedestrian gates shall be installed along street side perimeter fencing for Fire and Police Department access. Gates shall be accessible per Fire Department lock standards.

9. Open space.

a. Private and/or common open space shall be provided at a ratio of two hundred sixty (260) square feet per unit.

b. Open space shall include recreation equipment for all ages. Open areas shall be usable and landscaped only to enhance the area or provide shade.

10. Transit. Projects of fifty (50) units or more, located on a designated transit route, should provide a bus pullout and furniture in coordination with Clovis and Fresno Transit.

11. Utilities.

a. All on-site utilities shall be underground.

b. Developer shall contact the City of Clovis Engineering Division to verify adequate sewer and water infrastructure and capacity.

12. Multiple-family design guidelines. Development shall be consistent with the multiple-family design guidelines.

13. Site plan review and building permit. Site plan review is not required for RHN Overlay projects meeting the requirements of this section. A building permit is required prior to any construction activities. No building permit will be issued until the Building Official has verified consistency with all applicable codes and standards. (§ 2, Ord. 18-26, eff. December 5, 2018; § 2, Ord. 20-15, eff. December 2, 2020)